BILL NUMBER: AB 1830	CHAPTERED
	BILL TEXT

	CHAPTER  685
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 18, 2002
	PASSED THE ASSEMBLY  AUGUST 26, 2002
	PASSED THE SENATE  AUGUST 20, 2002
	AMENDED IN SENATE  AUGUST 15, 2002
	AMENDED IN SENATE  AUGUST 7, 2002
	AMENDED IN SENATE  JUNE 24, 2002
	AMENDED IN SENATE  JUNE 13, 2002
	AMENDED IN ASSEMBLY  MAY 15, 2002
	AMENDED IN ASSEMBLY  APRIL 29, 2002

INTRODUCED BY   Assembly Members Frommer and Thomson

                        JANUARY 22, 2002

   An act to add Section 22963 to the Business and Professions Code,
relating to tobacco products.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1830, Frommer.  Tobacco products:  sales to minors.
   Existing law creates the Stop Tobacco Access to Kids Enforcement
(STAKE) Act.  The STAKE Act is designed to reduce the availability of
tobacco products to minors through specified sales restrictions and
enforcement activities.  Existing law authorizes the State Department
of Health Services to assess civil penalties against any person,
firm, or corporation that furnishes a tobacco product to a minor.
   This bill would prohibit any person from distributing or selling
tobacco products via the United States Postal Service, or any other
public or private postal or package delivery service, to any
purchaser who is a minor.  This bill would require a specified
distributor or seller, among other things, to verify that a purchaser
of tobacco products is 18 years of age or older, and to telephone
the purchaser after 5 p.m. to confirm the order prior to shipping the
tobacco products.
   This bill would authorize a city attorney, district attorney, or
the Attorney General to assess specified civil penalties against a
person, firm, corporation, or other entity that violates any of these
provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 22963 is added to the Business and Professions
Code, to read:
   22963.  (a) The distribution or sale of tobacco products directly
or indirectly to any person under the age of 18 years through the
United States Postal Service or through any other public or private
postal or package delivery service at locations, including, but not
limited to, public mailboxes and mailbox stores, is prohibited.
   (b) Any person selling or distributing tobacco products directly
to a consumer in the state through the United States Postal Service
or by any other public or private postal or package delivery service,
including orders placed by mail, telephone, facsimile transmission,
or the Internet, shall comply with the following provisions:
   (1) (A) Before enrolling a person as a customer or distributing or
selling the tobacco product through any of these means, the
distributor or seller shall verify that the purchaser is 18 years of
age or older.  The distributor or seller shall attempt to match the
name, address, and date of birth provided by the customer to
information contained in records in a database of individuals whose
age has been verified to be 18 years or older by reference to an
appropriate database of government records kept by the distributor, a
direct marketing firm, or any other entity.  The distributor or
seller shall also verify that the billing address on the check or
credit card offered for payment by the purchaser matches the address
listed in the database.
   (B) If the distributor or seller is unable to verify that the
purchaser is 18 years of age or older pursuant to subparagraph (A),
he or she shall require the customer to submit an age-verification
kit consisting of an attestation signed by the customer that he or
she is 18 years of age or older and a copy of a valid form of
government identification.  For the purposes of this section, a valid
form of government identification includes a driver's license, state
identification card, passport, an official naturalization or
immigration document, such as an alien registration receipt card
(commonly known as a "green card") or an immigrant visa, or military
identification.  The distributor or seller shall also verify that the
billing address on the check or credit card provided by the consumer
matches the address listed in the form of government identification.

   (2) The distributor or seller shall impose a two-carton minimum on
each order of cigarettes, and shall require payment for the purchase
of any tobacco product to be made by personal check of the purchaser
or the purchaser's credit card.  No money order or cash payment
shall be received or permitted.  The distributor or seller shall
submit to each credit card acquiring company with which it has credit
card sales identification information in an appropriate form and
format so that the words "tobacco product" may be printed in the
purchaser's credit card statement when a purchase of a tobacco
product is made by credit card payment.
   (3) The distributor or seller shall make a telephone call after 5
p.m.  to the purchaser confirming the order prior to shipping the
tobacco products.  The telephone call may be a person-to-person call
or a recorded message.  The distributor or seller is not required to
speak directly with a person and may leave a message on an answering
machine or by voice mail.
   (4) The distributor or seller shall deliver the tobacco product to
the purchaser's verified billing address on the check or credit card
used for payment.  No delivery described under this section shall be
permitted to any post office box.
   (c) Notwithstanding subdivisions (a) and (b), if a distributor or
seller complies with all of the requirements of this section and a
minor obtains a tobacco product by any of the means described in
subdivision (b), the seller or distributor is not in violation of
this section.
   (d) For the purposes of the enforcement of this section pursuant
to Section 22958, the acts of the United States Postal Service or
other common carrier when engaged in the business of transporting and
delivering packages for others, and the acts of a person, whether
compensated or not, who transports or delivers a package for another
person without any reason to know of the package's contents, are not
unlawful and are not subject to civil penalties.
   (e) (1) For the purposes of this section, a "distributor" is any
person or entity, within or outside the state, who agrees to
distribute tobacco products to a customer within the state.  The
United States Postal Service or any other public or private postal or
package delivery service are not distributors within the meaning of
this section.
   (2) For the purpose of this section, a "seller" is any person or
entity, within or outside the state, who agrees to sell tobacco
products to a customer within the state.  The United States Postal
Service or any other public or private postal or package delivery
service are not sellers within the meaning of this section.
   (3) For the purpose of this section, a "carton" is a package or
container that contains 200 cigarettes.
   (f) A district attorney, city attorney, or the Attorney General
may assess civil penalties against any person, firm, corporation, or
other entity that violates this section, according to the following
schedule:
   (1) A civil penalty of not less than one thousand dollars ($1,000)
and not more than two thousand dollars ($2,000) for the first
violation.
   (2) A civil penalty of not less than two thousand five hundred
dollars ($2,500) and not more than three thousand five hundred
dollars ($3,500) for the second violation.
   (3) A civil penalty of not less than four thousand dollars
($4,000) and not more than five thousand dollars ($5,000) for the
third violation within a five-year period.
   (4) A civil penalty of not less than five thousand five hundred
dollars ($5,500) and not more than six thousand five hundred dollars
($6,500) for the fourth violation within a five-year period.
   (5) A civil penalty of ten thousand dollars ($10,000) for a fifth
or subsequent violation within a five-year period.