reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 38 - Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts › Section 22949.68.

22949.68. (a) Notwithstanding any other law, a civil action brought under Section 22949.65 shall be brought in any of the following:
(1) The county in which all or a substantial part of the events or omissions giving rise to the claim occurred.
(2) The county of residence for any one of the natural person defendants at the time the cause of action accrued.
(3) The county of the principal office in this state of any one of the defendants that is not a natural person.
(4) The county of residence for the claimant if the claimant is a natural person residing in this state.
(b) Notwithstanding any other law, if a civil action is brought under Section 22949.65 in one of the venues described by subdivision (a), the action shall not be transferred to a different venue without the written consent of all parties.
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 38 - Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts › Section 22949.69.

22949.69. (a) Notwithstanding any other law, this state has sovereign immunity, a political subdivision has governmental immunity, and each officer and employee of this state or a political subdivision has official immunity in any action, claim, or counterclaim or any type of legal or equitable action that challenges the validity of any provision or application of this chapter, on constitutional grounds or otherwise.
(b) A provision of state law shall not be construed to waive or abrogate an immunity described by subdivision (a) unless it expressly waives immunity under this section.
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 38 - Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts › Section 22949.71.

22949.71. This chapter shall become inoperative upon invalidation of Subchapter H (commencing with Section 171.201) of Chapter 171 of the Texas Health and Safety Code in its entirety by a final decision of the United States Supreme Court or Texas Supreme Court, and is repealed on January 1 of the following year.
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by its own provisions. Repealed on January 1 following the inoperative date. Note: Repeal affects Ch. 38, commencing with Section 22949.60.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22950.

22950. This Division shall be known and may be referred to as the Stop Tobacco Access to Kids Enforcement Act or the STAKE Act.
(Added by Stats. 1994, Ch. 1009, Sec. 1. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22950.5.

22950.5. For purposes of this division, the following terms have the following meanings:
(a) “Department” means the State Department of Public Health.
(b) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.
(c) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
(d) (1) “Tobacco product” means any of the following:
(A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.
(2) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 1. (SB 5 2x) Effective June 9, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22951.

22951. The Legislature finds and declares that reducing and eventually eliminating the illegal purchase and consumption of tobacco products by any person under 21 years of age is critical to ensuring the long-term health of our state’s citizens. Accordingly, California must fully comply with federal regulations, particularly the “Synar Amendment,” that restrict tobacco sales to minors and require states to vigorously enforce their laws prohibiting the sale and distribution of tobacco products to persons under 18 years of age. Full compliance and vigorous enforcement of the “Synar Amendment” requires the collaboration of multiple state and local agencies that license, inspect, or otherwise conduct business with retailers, distributors, or wholesalers that sell tobacco.
(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 2. (SB 7 2x) Effective June 9, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22953.

22953. All moneys collected as civil penalties by the department and other state agencies pursuant to this division shall be deposited in the State Treasury to the credit of the Sale of Tobacco to Minors Control Account that is hereby established.
(Amended by Stats. 2007, Ch. 653, Sec. 4. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22954.

22954. (a) Any cigarette or tobacco products distributor or wholesaler as defined in Sections 30011 and 30016 of the Revenue and Taxation Code, and licensed under Article 1 (commencing with Section 30140) of Chapter 3 of Part 13 of Division 2 of the Revenue and Taxation Code or Article 3 (commencing with Section 30155) of Chapter 3 of Part 13 of Division 2 of the Revenue and Taxation Code, and any cigarette vending machine operator granted a seller’s permit under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), shall annually provide to the State Department of Health Services, the names and addresses of those persons to whom they provide tobacco products, including, but not limited to, dealers as defined in Section 30012 of the Revenue and Taxation Code, for the purpose of identifying retailers of tobacco to ensure compliance with this division.
(b) Cigarette vending machine operators granted a seller’s permit under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), shall annually provide to the department their name and the address of each location where cigarette vending machines are placed, in order to ensure compliance with this division.
(c) The data provided, pursuant to this section, shall be deemed confidential official information by the department and shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(Amended by Stats. 2021, Ch. 615, Sec. 36. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22955.

22955. Agents of the state department, while conducting enforcement activities pursuant to this division, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Section inspectors pursuant to Section 106500 of the Health and Safety Code in the same manner as are any Food and Drug Section inspectors of the state department.
(Amended by Stats. 1996, Ch. 1023, Sec. 24. Effective September 29, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22956.

22956. All persons engaging in the retail sale of tobacco products shall check the identification of tobacco purchasers, to establish the age of the purchaser, if the purchaser reasonably appears to be under 21 years of age.
(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 4. (SB 7 2x) Effective June 9, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22957.

22957. (a) In addition to the primary enforcement responsibility assumed by the department, another enforcing agency may conduct inspections and assess penalties for violations of this division if the enforcing agency complies with this division and with all applicable laws and guidelines developed pursuant to this division.
(b) State and local enforcement agencies are encouraged, in order to avoid duplication, to share the results of inspections and coordinate with the department when enforcing this division.
(Amended by Stats. 2007, Ch. 653, Sec. 5. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22959.

22959. (a) The sum of two million dollars ($2,000,000) shall be transferred annually from the portion of the federal Substance Abuse Prevention and Treatment block grant moneys allocated to the State Department of Health Care Services for administrative purposes related to substance abuse programs, to the Sale of Tobacco to Minors Control Account.
(b) Upon appropriation by the Legislature, moneys in the Sale of Tobacco to Minors Control Account shall be expended by the state department to administer and enforce this division.
(Amended by Stats. 2013, Ch. 22, Sec. 4. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22960.

22960. (a) Except as provided in subdivision (b), no cigarette or tobacco product shall be sold, offered for sale, or distributed from a vending machine or appliance, or any other coin or token operated mechanical device designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.
(b) (1) Commencing January 1, 1996, cigarette or tobacco product vending machines or appliances may be located at least 15 feet away from the entrance of a premise issued an on-sale public premises license as defined in Section 23039 by the Department of Alcoholic Beverage Control to sell alcoholic beverages.
(2) As used in this subdivision “at least 15 feet away from the entrance” means within the premises of the licensed establishment and not outside those premises.
(c) This section and subdivision (b) of Section 22958 set forth minimum state restrictions on the sale of cigarettes or tobacco products from vending machines or devices and do not preempt or otherwise prohibit the adoption of a local standard that further restricts access to and reduces the availability of cigarette or tobacco products from vending machines or devices or that imposes a complete ban on the sale of cigarettes or tobacco products from vending machines or devices. A local standard that further restricts or imposes a complete ban on the sale of cigarettes or tobacco products from vending machines or devices shall control in the event of an inconsistency between this section and a local standard.
(Added by Stats. 1995, Ch. 823, Sec. 2. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22961.

22961. (a) No person, firm, corporation, partnership, or other organization shall advertise or cause to be advertised any tobacco products on any outdoor billboard located within 1,000 feet of any public or private elementary school, junior high school, or high school, or public playground.
(b) This section sets forth minimum state restrictions on the advertisement of any tobacco products on outdoor billboards near schools and public playgrounds and does not preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive or complete ban on billboard advertising or on tobacco-related billboard advertising. A local standard that imposes a more restrictive or complete ban on billboard advertising or on tobacco-related billboard advertising shall control in the event of any inconsistency between this section and a local standard.
(c) This section shall not be construed to prohibit the display of a message or advertisement opposing the use of tobacco products. However, this subdivision shall not be construed to permit an advertisement promoting the use of tobacco products by including a message opposing the use of tobacco products within that advertisement.
(Added by Stats. 1997, Ch. 219, Sec. 3. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.5 - STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT › Section 22964.

22964. This division sets forth minimum state restrictions with respect to the legal age to purchase or possess tobacco products and does not preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive legal age to purchase or possess tobacco products. A local standard that imposes a more restrictive legal age to purchase or possess tobacco products shall control in the event of any inconsistency between this division and a local standard.
(Added by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 7. (SB 7 2x) Effective June 9, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22970.

22970. This division shall be known as and may be cited as the Cigarette and Tobacco Products Licensing Act of 2003.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22970.1.

22970.1. The Legislature finds and declares all of the following:
(a) The State of California has enacted excise taxes on the distribution of cigarettes and tobacco products to provide funding for local and state programs, including health services, antismoking campaigns, cancer research, and education programs.
(b) Tax revenues have declined by hundreds of millions of dollars per year due, in part, to unlawful distributions and untaxed sales of cigarettes and tobacco products conducted by organized crime syndicates, street gangs, and international terrorist groups.
(c) The enforcement of California’s cigarette and tobacco products tax laws is necessary to collect millions of dollars in lost tax revenues each year.
(d) The licensing of manufacturers, importers, wholesalers, distributors, and retailers will help stem the tide of untaxed distributions and illegal sales of cigarettes and tobacco products.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22970.2.

22970.2. The board shall administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22970.3.

22970.3. The board may create a Tobacco Tax Compliance Task Force for the purpose of advising the board on cigarette and tobacco products tax compliance issues that may include, but not be limited to, representatives from the following:
(a) The board.
(b) The office of the Attorney General.
(c) The Franchise Tax Board.
(d) The Department of Alcoholic Beverage Control.
(e) The State Department of Health Services.
(f) Federal agencies necessary to coordinate programs to combat tobacco tax evasion, smuggling, and counterfeiting.
(g) One person from each of the categories of persons required by this division to have a license.
(h) Other states engaged in tobacco tax compliance efforts.
(i) Local law enforcement agencies.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22971.1.

22971.1. Commencing January 1, 2006, the Bureau of State Audits shall conduct a performance audit of the licensing and enforcement provisions of this division, and shall report its findings to the board and the Legislature by July 1, 2006. The report shall include, but not be limited to:
(a) The actual costs of the program.
(b) The level of additional revenue generated by the program compared to the period before its implementation.
(c) Tax compliance rates.
(d) The costs of enforcement at the varying levels.
(e) The appropriateness of penalties assessed in this division.
(f) The overall effectiveness of enforcement programs.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22971.2.

22971.2. The board shall administer and enforce the provisions of this division and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this division.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22971.3.

22971.3. Nothing in this division preempts or supersedes any local tobacco control law other than those related to the collection of state taxes. Local licensing laws may provide for the suspension or revocation of the local license for any violation of a state tobacco control law.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22971.4.

22971.4. No person is subject to the requirements of this division if that person is exempt from regulation under the United States Constitution, the laws of the United States, or the California Constitution.
(Added by Stats. 2004, Ch. 822, Sec. 1. Effective September 27, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 1 - General Provisions and Definitions › Section 22971.5.

22971.5. Any notice required by this division shall be served personally or by mail. If by mail, the notice shall be placed in a sealed envelope, with postage paid, addressed to the licensee at the address as it appears in the records of the board. The giving of notice shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, subpost office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. In lieu of mailing, a notice may be served personally by delivering to the person to be served and service shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaints in a civil action.
(Added by Stats. 2010, Ch. 607, Sec. 2. (AB 2733) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22971.7.

22971.7. (a) For the purposes of this chapter, except as provided in subdivision (b), and notwithstanding subdivision (s) of Section 22971, a “tobacco product” includes a product or device as defined in subdivision (d) of Section 22950.5.
(b) This section does not apply to subdivision (b) of Section 22974.3.
(c) This section shall be operative on January 1, 2017.
(Added by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 4. (SB 5 2x) Effective June 9, 2016. Section operative January 1, 2017, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22972.

22972. (a) Commencing June 30, 2004, a retailer shall have in place and maintain a license to engage in the sale of cigarettes or tobacco products. A retailer that owns or controls more than one retail location shall obtain a separate license for each retail location, but may submit a single application for those licenses.
(b) The retailer shall conspicuously display the license at each retail location in a manner visible to the public.
(c) A license is not assignable or transferable. A person who obtains a license as a retailer who ceases to do business as specified in the license, or who never commenced business, or whose license is suspended or revoked, shall immediately surrender the license to the board.
(d) A license shall be valid for a 12-month period, and shall be renewed annually. A retailer that adds an additional retail location shall renew the license for that location based on a 12-month period beginning in the month the retailer obtained its license for its first retail location.
(Amended by Stats. 2016, Ch. 699, Sec. 1. (AB 2770) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22972.1.

22972.1. (a) Notwithstanding Section 22972 or Section 22973, the board may issue to a retailer a temporary license with a scheduled expiration date, as determined by the board, that occurs on or before September 30, 2004.
(b) A temporary license issued pursuant to this section shall be automatically terminated upon the board’s issuance of a license pursuant to Section 22973.1.
(c) A temporary license issued pursuant to this section is subject to the same suspension, revocation, and forfeiture provisions that apply to licenses issued by the board pursuant to Section 22973.1.
(Added by Stats. 2004, Ch. 82, Sec. 2. Effective June 30, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22973.2.

22973.2. The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local lead agency, and any agency authorized to enforce or administer state or local tobacco control laws, access to the department’s database of licenses issued to retailers within the jurisdiction of that agency, local lead agency, or law enforcement agency. The agencies authorized by this section to access the department’s database shall access and use the department’s database only for purposes of enforcing tobacco control laws and shall adhere to all state laws, policies, and regulations pertaining to the protection of personal information and individual privacy.
(Amended by Stats. 2021, Ch. 432, Sec. 2. (SB 824) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22974.

22974. A retailer shall retain purchase invoices that meet the requirements set forth in Section 22978.4 for all cigarettes or tobacco products the retailer purchased for a period of four years. The records shall be kept at the retail location for at least one year after the purchase. Invoices shall be made available upon request during normal business hours for review inspection and copying by the board or by a law enforcement agency. Any retailer found in violation of these requirements or any person who fails, refuses, or neglects to retain or make available invoices for inspection and copying in accordance with this section shall be subject to penalties pursuant to Section 22981.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22974.4.

22974.4. The board shall revoke the license, pursuant to the provisions applicable to the revocation of a license as set forth in Section 30148 of the Revenue and Taxation Code, of any retailer or any person controlling the retailer that has:
(a) Been convicted of a felony pursuant to Section 30473 or 30480 of the Revenue and Taxation Code.
(b) Had any permit or license revoked under any provision of the Revenue and Taxation Code.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22974.5.

22974.5. Any retailer who fails to display a license as required in Section 22972 shall, in addition to any other applicable penalty, be liable for a penalty of five hundred dollars ($500).
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22974.7.

22974.7. In addition to any other civil or criminal penalty provided by law, upon a finding that a retailer has violated any provision of this division, the board may take the following actions:
(a) In the case of the first offense, the board may revoke or suspend the license or licenses of the retailer pursuant to the procedures applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code.
(b) In the case of a second or any subsequent offense, in addition to the action authorized under subdivision (a), the board may impose a civil penalty in an amount not to exceed the greater of either of the following:
(1) Five times the retail value of the seized cigarettes or tobacco products.
(2) Five thousand dollars ($5,000).
(Amended by Stats. 2004, Ch. 82, Sec. 3. Effective June 30, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 2 - License for Retailers of Cigarettes and Tobacco Products › Section 22974.8.

22974.8. (a) Except as provided in subdivision (b), the board shall suspend or revoke the license of a retailer upon notification by the State Department of Public Health pursuant to subdivision (b) of Section 22958, or pursuant to paragraph (2) of subdivision (f) of Section 104559.5 of the Health and Safety Code.
(b) Notwithstanding any other provision regarding the suspension or revocation of a license pursuant to this part, the board shall provide a licensee no fewer than 10 days’ written notice of a pending suspension or revocation pursuant to this section and an opportunity to appeal the suspension or revocation and the civil penalty assessed pursuant to the provisions described in subdivision (a) only to correct a mistake or clerical error. The board shall not accept or consider an appeal of suspension or revocation under this section if the appeal is founded upon the grounds of whether the retailer, or any employee or agent of the retailer, violated the STAKE Act (Division 8.5 (commencing with Section 22950)) or Section 104559.5 of the Health and Safety Code for which violation civil penalties are imposed by the State Department of Public Health pursuant to subdivision (a) of Section 22958, or pursuant to subdivision (f) of Section 104559.5 of the Health and Safety Code. This section shall not be construed to prevent the board from modifying its action on its own to correct a mistake or clerical error.
(Amended by Stats. 2023, Ch. 351, Sec. 1. (AB 935) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22975.

22975. (a) In addition to licenses required pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, commencing June 30, 2004, every distributor and every wholesaler shall annually obtain and maintain a license to engage in the sale of cigarettes or tobacco products.
(b) Licenses shall be valid for a calendar year period upon payment of the fee prescribed in Section 22977.1, unless surrendered, suspended, or revoked prior to the end of the calendar year, and may be renewed each year upon payment of such fee.
(c) A license is not assignable or transferable. A person who obtains a license as a distributor or as a wholesaler who ceases to do business as specified in the license, or who never commenced business, or whose license is suspended or revoked, shall immediately surrender the license to the board.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22976.

22976. A distributor or a wholesaler that, at the time of application, holds a valid license issued by the board pursuant to Section 30140 or 30155 of the Revenue and Taxation Code may be issued a license without further investigation.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22977.

22977. (a) An application for a license shall be on a form prescribed by the board and shall include the following:
(1) The name, address, and telephone number of the applicant.
(2) The business name, address, and telephone number of each location where cigarettes or tobacco products will be sold. For applicants who control more than one location, an address for receipt of correspondence or notices from the board, such as a headquarters or corporate office, shall also be included in the application and listed on the license. Citations issued to licensees shall be forwarded to all addressees on the license.
(3) A statement by the applicant affirming that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the board applicable to the applicant or pertaining to the manufacture, sale, or distribution of cigarettes or tobacco products. If the applicant is unable to affirm this statement, the application shall contain a statement by the applicant of the nature of any violation or the reasons that will prevent the applicant from complying with the requirements with respect to the statement.
(4) If any other licenses or permits have been issued by the board or the Department of Alcoholic Beverage Control to the applicant, the license or permit numbers for such licenses or permits then in effect.
(5) A statement by the applicant that the contents of the application are complete, true, and correct. Any person who signs a statement pursuant to this subdivision that asserts the truth of any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment of up to one year in the county jail, or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and the fine.
(6) Signature of the applicant.
(7) Any other information the board may require.
(b) The board may investigate to determine the truthfulness and completeness of the information provided in the application.
(c) The board shall provide electronic means for applicants to download and submit applications.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22977.1.

22977.1. (a) Every distributor and every wholesaler shall file an application, as prescribed in Section 22977, on or before April 15, 2004. Each application shall be accompanied by a fee of one thousand dollars ($1,000) for each location. The fee shall be for a calendar year and may not be prorated. Subject to meeting the requirements of this section and Section 22977.2, the board shall issue a license.
(b) Every distributor and every wholesaler who commences business after the last day of May 2004, or who commences selling or distributing cigarettes or tobacco products at a new or different place of business in this state after the last day of May 2004, shall file with the board an application as prescribed in Section 22977 at least 30 days prior to commencing such business or commencing such sales or distributions; and all distributors and all wholesalers that fail to timely file an application for a license under subdivision (a) shall file with the board an application as prescribed in Section 22977. Each application shall be accompanied by a fee of one thousand two hundred dollars ($1,200) for each location. The fee shall be for a calendar year and may not be prorated. Subject to Section 22977.2, the board, within 30 days after receipt of an application and payment of the proper fee, shall issue a license.
(c) For calendar years beginning on and after January 1, 2005, and before January 1, 2017, every distributor and every wholesaler shall file an application for renewal of the license prescribed in Section 22977, accompanied with a fee of one thousand dollars ($1,000) for each location where cigarettes and tobacco products are sold, in the form and manner as prescribed by the board. For calendar years beginning on and after January 1, 2017, the fee accompanying an application for renewal of the license prescribed in Section 22977 shall be one thousand two hundred dollars ($1,200) for each location where cigarettes and tobacco products are sold.
(Amended by Stats. 2017, Ch. 561, Sec. 12. (AB 1516) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22978.

22978. The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local lead agency, and any agency authorized to enforce or administer state or local tobacco control laws, access to the department’s database of licenses issued to distributors and wholesalers for locations within the jurisdiction of that agency, local lead agency, or law enforcement agency. The agencies authorized by this section to access the department’s database shall access and use the department’s database only for purposes of enforcing tobacco control laws and shall adhere to all state laws, policies, and regulations pertaining to the protection of personal information and individual privacy.
(Amended by Stats. 2021, Ch. 432, Sec. 3. (SB 824) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22978.1.

22978.1. All distributors and all wholesalers shall retain purchase records that meet the requirements set forth in Section 22978.5 for all cigarettes or tobacco products purchased. The records shall be maintained for a period of one year from the date of purchase on the distributor’s or the wholesaler’s premises identified in the license, and thereafter, the records shall be made available for inspection by the board or a law enforcement agency for a period of four years. Any distributor or any wholesaler found in violation of these requirements, or any person who fails, refuses, or neglects to retain or make available invoices for inspection and copying in accordance with this section shall be subject to penalties pursuant to Section 22981.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22978.4.

22978.4. (a) Except as otherwise provided in paragraph (7), each distributor and each wholesaler shall include the following information on each invoice for the sale of cigarettes or tobacco products:
(1) The name, address, and telephone number of the distributor or wholesaler.
(2) The license number of the distributor or the wholesaler as provided by the board.
(3) The amount of excise taxes due to the board by the distributor on the sale of cigarettes and tobacco products.
(4) The name, address, and license number of the retailer, distributor, or wholesaler to whom cigarettes or tobacco products are sold.
(5) An itemized listing of the cigarettes or tobacco products sold.
(6) The date the cigarette or tobacco products are sold.
(7) Notwithstanding paragraph (3), a distributor that is also a retailer or manufacturer shall include either one of the following on each invoice for the sale of cigarettes or tobacco products:
(A) A statement that reads: “All California cigarette and tobacco product taxes are included in the total amount of this invoice.”
(B) The amount of excise taxes due to the board by the distributor on the distribution of cigarettes and tobacco products.
(b) Each invoice for the sale of cigarettes or tobacco products shall be legible and readable.
(c) Failure to comply with the requirements of this section shall be a misdemeanor subject to penalties pursuant to Section 22981.
(Amended by Stats. 2005, Ch. 512, Sec. 1. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22978.5.

22978.5. (a) Each distributor and each wholesaler of cigarette and tobacco products subject to licensing under this chapter shall maintain accurate and complete records relating to the sale of those products, including, but not limited to, receipts, invoices, and other records as may be required by the board, during the past four years with invoices for the past year to be maintained on the premises for which the license was issued, and shall make these records available upon request by a the board or a law enforcement agency.
(b) Failure of a distributor or a wholesaler to comply with this section shall be a misdemeanor subject to penalties pursuant to Section 22981.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22978.6.

22978.6. The board shall revoke the license, pursuant to the provisions applicable to the revocation of a license as set forth in Section 30148 of the Revenue and Taxation Code, of any distributor or any wholesaler or any person controlling any distributor or any wholesaler that has:
(a) Been convicted of a felony pursuant to Section 30473 or 30480 of the Revenue and Taxation Code.
(b) Had any permit or license revoked under any provision of the Revenue and Taxation Code.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22978.7.

22978.7. In addition to any other civil or criminal penalty provided by law, upon a finding that any distributor or any wholesaler has violated any provision of this division, the board may take the following actions:
(a) In the case of the first offense, the board may revoke or suspend the license or licenses of the distributor or the wholesaler pursuant to the procedures applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code.
(b) In the case of a second or any subsequent offense, in addition to the action authorized under subdivision (a), the board may impose a civil penalty in an amount not to exceed the greater of either of the following:
(1) Five times the retail value of the seized cigarettes or tobacco products.
(2) Five thousand dollars ($5,000).
(Amended by Stats. 2005, Ch. 512, Sec. 2. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 3 - License for Wholesalers and Distributors of Cigarettes and Tobacco Products › Section 22978.8.

22978.8. The board shall include on its Web site the name of any wholesaler or distributor whose license has been suspended or revoked.
(Added by Stats. 2004, Ch. 82, Sec. 4. Effective June 30, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.1.

22979.1. (a) An application for a license by a manufacturer or by an importer shall be on a form prescribed by the board and shall include the following:
(1) The name, address, and telephone number of the applicant. The business name, address, and telephone number of the corporate offices. Citations issued to licensees shall be forwarded to all addressees on the license.
(2) License number for any other valid licenses or permits issued by the board.
(3) Signature of the applicant under oath to verify application information.
(4) The name, address, and telephone number of the person designated by the manufacturer or the importer as its agent for receipt of service of process in this state.
(5) Any other information the board may require.
(b) The board may conduct an inquiry to determine whether the applicant complies with the provisions of this division.
(c) The board shall provide electronic means for applicants to download and submit applications.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.2.

22979.2. (a) On or before January 1, 2004, every manufacturer and every importer shall pay to the board an administration fee. The amount of the administration fee shall be one cent ($0.01) per package of cigarettes (1) manufactured or imported by the manufacturer or the importer and (2) shipped into this state during the 2001 calendar year as reported to the board. The board shall notify each manufacturer and each importer of the amount due under this section.
(b) This section shall apply to every manufacturer and every importer required to be licensed pursuant to Section 22979. All manufacturers and all importers that may become eligible for licensure on or after December 1, 2003, shall be notified by the board of the appropriate fee due and shall pay that fee within 90 days of notification.
(c) All manufacturers and all importers that begin operations in the state after enactment of this division shall be charged a fee commensurate with their respective market share of (1) cigarettes manufactured or imported by the manufacturer or the importer and (2) sold in this state during the next calendar year as estimated by the board. The fee shall be at an amount not less than that paid pursuant to subdivision (a) by the smallest manufacturer, but may not be more than that paid by the eighth largest manufacturer.
(d) The board shall administer this fee in accordance with the Fee Collection Procedures Law, Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code.
(Amended by Stats. 2005, Ch. 512, Sec. 3. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.21.

22979.21. Every manufacturer or importer of tobacco products shall obtain and maintain a license under this division to engage in the sale of tobacco products. In order to be eligible for obtaining and maintaining a license under this division, a manufacturer or importer shall do all of the following in the manner specified by the board:
(a) Submit to the board a list of all tobacco products they manufacture or import.
(b) Update the list of all tobacco products brands they manufacture or import whenever a new or additional brand is manufactured or imported or a listed brand is no longer manufactured or imported.
(c) Consent to jurisdiction of the California courts for the purpose of enforcement of this division and appoint a registered agent for service of process in this state and identify the registered agent to the board.
(d) The Legislature finds that solely appointing a registered agent for the purpose of service of process in this state pursuant to this subdivision does not establish a nexus with this state for tax purposes.
(e) This section shall become operative May 1, 2007.
(Added by Stats. 2006, Ch. 501, Sec. 4. Effective January 1, 2007. Section operative May 1, 2007, by its own provisions.)