Prime Gas, Inc. v. City of Sacramento

In this appeal we conclude that a local ordinance that prohibits the sale of tobacco products to minors through the sanction of suspending or revoking the retailer’s local license to sell tobacco, is not preempted by state law which also prohibits tobacco sales to minors. Consequently, we shall affirm the trial court’s judgment finding no preemption.

FACTUAL AND PROCEDURAL BACKGROUND

The City of Sacramento (City) has adopted an ordinance (the Ordinance) that requires local tobacco retailers to be licensed by City. (Sac. City Code, § 5.138.010 et seq.; see id., § 5.138.040.)

The stated purpose of the Ordinance “is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors____” (Sac. City Code, § 5.138.020.)

Under the Ordinance, “[i]t shall be a violation of a license for a licensee or his or her agents or employees to violate any local, state, or federal tobacco-related law.” (Sac. City Code, § 5.138.100.)

The Ordinance specifies that “within any five-year period,” the license shall be suspended for 30 days upon a finding by the…