Smoking Policies

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Tobacco use remains the number one preventable cause of death and disease in California, causing nearly 40,000 deaths in California every year. In Santa Clara County, one in eight deaths annually is attributed to smoking-related illness or diseases, such as cancer, heart disease, and respiratory diseases. The U.S. Surgeon General has concluded that there is no safe level of exposure to secondhand smoke and the California Air Resources Board has classified secondhand smoke as a toxic air contaminant.

Tobacco Retail Permit (TRP) Ordinance Updates

On April 16, 2024 the City Council adopted Ordinance No. 24-2257, which includes changes to the City's Tobacco Retailer Permit (TRP) Ordinance (CMC Ch. 5.50). The City notified businesses about these changes in March 2024. These changes became effective May 16, 2024 and included the following updates:

Establish fines for each violation for retailers operating with a valid permit
Establish fines for each violation for retailers operating without a valid permit
Establishment of an appeals process with the Office of the County Hearing Officer

The TRP Program is operated by Santa Clara County. For more information, please visit the County's TRP webpage here.

2023 TRP Ordinance Changes

On October 1, 2023, the City Council voted to adopt Ordinance No. 23-2251, which included the following updates to the City's TRP Ordinance:

Establishing and Increasing Fines
Suspending or Permanently Removing TRP
Mandatory Inspection Compliance
Age Verification Requirements

These updates were made in order for the City to continue its partnership with the County, as the County oversees administration and enforcement of the TRP program. These updates aim to improve enforcement and reduce retailer violations in the community.

Policies on Smoke-Free Areas

Smoke-Free Areas

On June 1, 2021, City Council approved Ordinance No. 21-2227 in order to reduce secondhand smoke in Cupertino. The following policies went into effect October 1, 2021:

Smoke-free multi-unit housing (defined as two or more attached residences that share a wall or floor/ceiling, which could include apartments, condominiums, townhomes, attached single-family homes, duplexes, triplexes, fourplexes, etc.), including:
- Outdoor common areas,
- A 30-foot buffer zone around doors and windows of multi-unit housing ,
- Inside units in multi-unit housing and,
- Exempts designated smoking areas (must be 30 ft. away)
Smoke-free entryways around the entrances of all locations where smoking is prohibited, including businesses, offices, grocery stores, restaurants, bars, places of worship, etc.
Smoke-free public events, such as farmers’ markets and street fairs
Smoke-free service areas, such as ATMs, store lines, bus stops or shelters
Smoke-free outdoor worksites, such as construction sites

These adopted policies will be reflected in Municipal Code Chapter 10.90. This approved ordinance is an important and successful step towards reducing secondhand smoke in Cupertino.

Frequently Asked Questions on Secondhand Smoke

Click here to view the Frequently Asked Questions.

Policies on Flavored Tobacco

On November 19, 2019 and February 18, 2020, the City Council approved an ordinance that prohibits the sale of flavored tobacco and e-cigarette/vaping products, along with other requirements. This ordinance also requires retailers in the City of Cupertino to obtain a local permit to sell tobacco products. The main provisions of the ordinance are listed below.

As of July 1, 2020:

All tobacco retailers are:

Required to obtain and annually renew a tobacco retailer permit.
- The Santa Clara County Department of Environmental Health is administering the permit. The County’s Public Health Department is available for general inquiries at (408) 793-2700.
Prohibited from selling flavored tobacco products, including menthol cigarettes.
Prohibited from selling electronic cigarette/vaping products.
Required to check ID for those appearing under age 30.
Required to have a minimum age of 21 for individuals selling tobacco products.
Prohibited from covering more than 15% of windows and clear doors with any type of ads or signs.
Prohibited from mobile tobacco retailing or tobacco retailing at a temporary event.
Subject to a 60 month period in which a retailers violations would accumulate.
Required to post a notice saying that the sale of tobacco products to anyone under 21 years of age is illegal and subject to penalties.

New tobacco retailers are:

Prohibited from opening within 1,000 ft. from any K-12 school in Cupertino
Prohibited from opening within 500 ft. from an existing tobacco retailer

Pharmacies are:

Prohibited from selling any tobacco products

This approved ordinance is an important and successful step towards reducing youth access to tobacco in Cupertino. The regulations around schools will benefit students and keep them from developing habits and behaviors that are harmful to their health. The ordinance is reflected in Municipal Code Chapter 5.50.

Request "No Smoking" Signs

Request No Smoking Signs and Window Decals

The City is providing a limited number of "No Smoking" signs for businesses and Multi-Unit Housing properties in Cupertino. Multi-Unit Housing is defined for this ordinance as two or more attached residences that share a wall or floor/ceiling, which could include apartments, condominiums, townhomes, attached single-family homes, duplexes, triplexes, fourplexes, etc.)

Smoke-Free Multi-Unit Housing

Is my address considered multi-unit housing?

For the purposes of this ordinance, multi-unit housing is defined as two or more attached residences that share a wall or floor/ceiling, which could include apartments, condominiums, townhomes, attached single-family homes, duplexes, triplexes, fourplexes, etc. The map below indicates the addresses that are believed to be multi-unit housing in pink. This map was created to the best of our ability and may have some discrepancies. If you believe there is an error, please contact astridr@cupertino.org and consider the definition of multi-unit housing to determine if this definition applies to your property.