Smoking and Tobacco Regulations

Tobacco Sales Ordinance

At its June 13, 2023 meeting, the City Council passed a resolution updating Concord's ordinance regulating the Tobacco Retailers License Program, chapter 5.100. The updates include prohibitions on selling tobacco products through self-service displays and via mobile vending machines. The new rules also prohibit the sale of flavored tobacco products and electronic smoking devices (include vape pens, e-cigarettes, etc.) and products. 

Tobacco Retailers may no longer accept coupons or provide free or discounted tobacco products, and they may no longer sell cigarettes in packages less than 20 or cigars in packages of less than 10 (unless cigars cost more than $5 each).

The new regulations will take effect on Oct. 11, 2023, and they will be actively enforced by the Concord Police Department.

Retailers applying for a license to sell tobacco products are advised to use Concord's updated business license application.

Summary of the Ordinance

Enforcement

Tobacco retailers in the City of Concord are required to be licensed. The Concord Police Department’s Code Enforcement division enforces the City’s tobacco regulations through annual inspections at all retail locations and through quarterly underage decoy operations.      

  1. On an annual basis code enforcement officers identify all locations where tobacco sales occur in the City of Concord.  Code Enforcement Officers conduct inspections at each location for violations.  If violations are identified, the business and property owner are cited and the subsequent code enforcement process is used to ensure compliance.
  2. Each quarter, police officers and members of the Concord Police Department’s Cadet Program, identify a minimum of five locations throughout the City of Concord (a minimum of 20 locations per year) where tobacco is being sold, or where reports of illegal sales of tobacco are occurring. Officers issue citations and collaborate with Code Enforcement on compliance case management and re-inspection. 
  3. Code Enforcement officers monitor Concord Connect where any community member can submit a complaint directly to the Code Enforcement division, and each complaint has a case assigned for follow up and resolution.

Multiunit Smoking Ban

The City Council identified the establishment and implementation of an ordinance prohibiting smoking within multiunit residences as a significant priority for Concord in an effort to protect nonsmokers and create a healthier city. The goal of the ordinance is to address concerns related to smoke migrating from neighboring apartments and condominiums through cracks in shared walls, vents, and open windows, which involuntarily exposes others to the harmful effects of secondhand smoke and vaping aerosol. 

On January 7, 2020, the City of Concord adopted an ordinance prohibiting smoking and vaping in and around multiunit and attached residences. This restriction applies to both interior and exterior areas (patios, balconies, decks, and porches) of rental and ownership housing types including: apartments, attached condominiums, and townhomes. A designated smoking area can be established if certain criteria are met, such as being 25 feet away from an area used by children. 

The smoking ban went into effect on February 6, 2020 for new units, including new construction. For existing units, it went into effect on January 1, 2021. 

  1. When does the ban go into effect?
  2. What qualifies as a multiunit residence?
  3. What types of residences are not subjected to the ordinance?
  4. I live in multiunit housing. Where can I smoke?
  5. What areas or spaces does the ban cover?
  6. How does the ban work?
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