The Huntington Beach Police Department’s Special Investigations Bureau (SIB) has cited several smoke and vape shops following a proactive enforcement operation targeting illegal sales to minors. The operation was launched in response to community complaints about businesses allegedly selling nicotine products to underage customers and offering items containing THC or other intoxicating substances.
On Wednesday, October 8, 2025, detectives carried out a minor decoy operation and compliance inspections at several retail locations throughout the city. The operation resulted in the following enforcement actions:
- Two businesses cited for selling nicotine products to a minor, in violation of Penal Code § 308(a)(1).
- Four businesses cited for selling flavored nicotine products prohibited under Health and Safety Code § 104559.5.
Violations of state tobacco laws carry serious consequences, including civil penalties and possible license suspension or revocation under the STAKE Act.
The Huntington Beach Police Department will continue to take proactive measures to protect youth and uphold community safety by ensuring retailers comply with laws regulating the sale of nicotine and vape products. Unlawful sales contribute to youth addiction and exposure to harmful substances. Through ongoing enforcement and community partnerships, HBPD remains committed to reducing underage access to nicotine and THC-related products and holding violators accountable.
Residents are encouraged to report concerns involving the unlawful sale of tobacco, vape, or THC products to minors by contacting crimetips@hbpd.org. Community reports play an essential role in identifying problem locations and supporting responsible business practices within the city.
Businesses cited under California laws for illegal tobacco and vape sales to minors or for selling flavored nicotine products face significant penalties, depending on the specific violation:
1. Selling Nicotine Products to Minors (Penal Code § 308(a)(1))
Retailers who sell tobacco or nicotine products to individuals under 21 years of age may face:
- First offense:
- $500 fine for businesses
- $200 fine for individuals
- Second offense:
- $1,000 fine for businesses
- $500 fine for individuals
- Third and subsequent offenses:
- $5,000 fine for businesses
- $1,000 fine for individuals
- Violations may be prosecuted as misdemeanors or pursued as civil actions by city or county attorneys.
2. Selling Flavored Nicotine Products (Health and Safety Code § 104559.5)
Retailers cited for selling flavored tobacco products (including flavored vapes and menthol cigarettes) face:
- $250 fine per violation
- Enforcement is handled by local law enforcement or the California Department of Public Health
- Repeat violations may lead to escalating penalties and license suspension or revocation under related laws.
3. Violations Under the STAKE Act (Business & Professions Code § 22958)
The Stop Tobacco Access to Kids Enforcement (STAKE) Act imposes civil penalties for selling tobacco to minors:
- 1st violation: $1,000–$1,500
- 2nd violation (within 5 years): $2,000–$3,000
- 3rd violation: $5,000–$10,000
- 4th violation: $10,000–$20,000
- 5+ violations: Minimum $20,000
- Additional penalties include:
- License suspension: 45 days (3rd violation), 90 days (4th)
- License revocation: 5th violation