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Tobacco Retailer License

Healthy Food Exemption - Sacramento City Code 5.138.040

Sacramento City Code 5.138.040 subsection (B) prohibits the issuance of a tobacco retailer license and the renewal of an existing license (if the license expires), to authorize tobacco retailing within 1,000 feet of a tobacco retailer already licensed to retail tobacco. Determine if the location where you seek to retail tobacco is within 1,000 feet of a tobacco retailer already licensed to retail tobacco here.

Exemption of scc 5.138.040 (b)

Sacramento City Code 5.138.040 (B) does not apply to licensees that that devotes no more than 5% of total shelf space to tobacco product and at least 10% of shelf space to all of the following:

  1. Fresh or healthy food
  2. Fresh fruits and vegetables
  3. Juice and dairy products
  4. Meat, fish or poultry
  5. Fresh baked goods, breads, and cereals

How to qualify for the healthy food exemption

To qualify for the Healthy Food Exemption, you must submit all the requirements listed here. In addition to the requirements listed in the link, you must also submit:

A. A floor plan of the store reflecting the following:
  1. Total shelf space
  2. Total shelf space dedicated to tobacco and tobacco products. The floor plan must reflect less than 5% of shelf space dedicated to tobacco and tobacco products.
  3. Total shelf space dedicated to all of the following: fresh or healthy food, fresh fruits and vegetables, juice and dairy products, meat, fish or poultry, fresh baked goods, breads and cereals. The floor plan must reflect a minimum of 10% of shelf space dedicated to the categories of foods listed.

Sample floor plan available.

B. A list of all products sold for each of the food categories and organized by the 5 categories. Sample list of products sold organized by the 5 categories.

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