BILL NUMBER: SB 1173	CHAPTERED  09/27/04

	CHAPTER  812
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2004
	PASSED THE SENATE  AUGUST 23, 2004
	PASSED THE ASSEMBLY  AUGUST 17, 2004
	AMENDED IN ASSEMBLY  JULY 15, 2004
	AMENDED IN ASSEMBLY  JUNE 23, 2004
	AMENDED IN ASSEMBLY  JUNE 8, 2004

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 4, 2004

   An act to amend Section 22962 of the Business and Professions
Code, relating to tobacco products.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1173, Ortiz.  Tobacco products:  self-service display.
   The existing Stop Tobacco Access to Kids Enforcement (STAKE) Act
is designed to reduce the availability of tobacco products to minors
through sales restrictions and enforcement activities.  The act
prohibits the furnishing of tobacco products to, and the purchase of
tobacco products by, any person under the age of 18 years and
authorizes the assessment of civil penalties for a violation of the
act.  Specifically, the STAKE Act prohibits a person engaged in the
retail sale of tobacco products to sell, offer for sale, or display
for sale, cigarettes by self-service display, as defined.
   This bill would broaden that prohibition by prohibiting a person
engaged in the retail sale of tobacco products from selling, offering
for sale, or displaying for sale, any tobacco product or tobacco
paraphernalia by self-service display.  However, the bill would
provide an exemption to that prohibition for the display in a tobacco
store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping
tobacco, provided that, in the case of the cigars, they are generally
not sold or offered for sale in a sealed package of the manufacturer
or importer containing less than 6 cigars.  In the event of an
enforcement action brought under the act, the bill would require the
retail business that displays any of those items in a self-service
display to have the burden of proving that it qualified for the
exemption.


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


  SECTION 1.  Section 22962 of the Business and Professions Code is
amended to read:
   22962.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Self-service display" means the open display of tobacco
products or tobacco paraphernalia in a manner that is accessible to
the general public without the assistance of the retailer or employee
of the retailer.
   (2) "Tobacco paraphernalia" means cigarette papers or wrappers,
pipes, holders of smoking materials of all types, cigarette rolling
machines, or other instruments or things designed for the smoking or
ingestion of tobacco products.
   (3) "Tobacco product" means any product containing tobacco leaf,
including, but not limited to, cigarettes, cigars, pipe tobacco,
snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco.
   (4) "Tobacco store" means a retail business that meets all of the
following requirements:
   (A) Primarily sells tobacco products.
   (B) Generates more than 60 percent of its gross revenues annually
from the sale of tobacco products and tobacco paraphernalia.
   (C) Does not permit any person under 18 years of age to be present
or enter the premises at any time, unless accompanied by the person'
s parent or legal guardian, as defined in Section 6903 of the Family
Code.
   (D) Does not sell alcoholic beverages or food for consumption on
the premises.
   (b) Except as permitted in subdivision (b) of Section 22960, it is
unlawful for a person engaged in the retail sale of tobacco products
to sell, offer for sale, or display for sale any tobacco product or
tobacco paraphernalia by self-service display.  A person who violates
this section is subject to those civil penalties specified in the
schedule in subdivision (a) of Section 22958.
   (c) Subdivision (b) shall not apply to the display in a tobacco
store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping
tobacco, provided that in the case of cigars they are generally not
sold or offered for sale in a sealed package of the manufacturer or
importer containing less than six cigars.  In any enforcement action
brought pursuant to this division, the retail business that displays
any of the items described in this subdivision in a self-service
display shall have the burden of proving that it qualifies for the
exemption established in this subdivision.
   (d) The Attorney General, a city attorney, a county counsel, or a
district attorney may bring a civil action to enforce this section.
   (e) This section does not preempt or otherwise prohibit the
adoption of a local standard that imposes greater restrictions on the
access to tobacco products than the restrictions imposed by this
section.  To the extent that there is an inconsistency between this
section and a local standard that imposes greater restrictions on the
access to tobacco products, the greater restriction on the access to
tobacco products in the local standard shall prevail.