BILL NUMBER: SB 400	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 23, 2009
	AMENDED IN ASSEMBLY  JUNE 23, 2009
	AMENDED IN SENATE  JUNE 1, 2009
	AMENDED IN SENATE  MAY 21, 2009
	AMENDED IN SENATE  MAY 12, 2009
	AMENDED IN SENATE  APRIL 23, 2009

INTRODUCED BY   Senator Corbett

                        FEBRUARY 26, 2009

   An act to amend Sections 22950.5  , 22962, and 22971
  and 22962  of the Business and Professions Code,
relating to tobacco.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 400, as amended, Corbett. Tobacco.
   Existing law, the Stop Tobacco Access to Kids Enforcement Act
(STAKE Act), establishes various requirements for retailers relating
to tobacco sales to minors.  The California Cigarette and
Tobacco Products Licensing Act of 2003 requires a retailer to obtain
a license from the State Board of Equalization to engage in the sale
of cigarette and tobacco products in this state.  A
violation of this act is a crime.
   This bill would  , for purposes of both acts, 
include within the  act's  definition of tobacco product
tobacco substitutes, as defined by the bill, and make conforming
changes. By changing the definition of an existing crime, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 22950.5 of the Business and Professions Code is
amended to read:
   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) "Tobacco product" means a product containing tobacco leaf,
including, but not limited to, cigarettes, cigars, pipe tobacco,
snuff, chewing tobacco, dipping tobacco, bidis, or other preparation
of tobacco, or a tobacco substitute.
   (d) "Tobacco substitute" means a battery-powered device that can
provide inhaled doses of nicotine by delivering a vaporized solution.

  SEC. 2.  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,
blunt wraps as defined in Section 308 of the Penal Code, 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 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 a 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) (1) (A) 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 a
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.
   (B) A person who violates this section is subject to those civil
penalties specified in the schedule in subdivision (a) of Section
22958.
   (2) It is unlawful for a person engaged in the retail sale of
blunt wraps to place or maintain, or to cause to be placed or
maintained, a blunt wraps advertising display within two feet of
candy, snack, or nonalcoholic beverage displayed inside a store or
business.
   (3) It is unlawful for a person or business to place or maintain,
or cause to be placed or maintained, a blunt wrap advertising display
that is less than four feet above the floor.
   (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 an 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. 
  SEC. 3.    Section 22971 of the Business and
Professions Code is amended to read:
   22971.  For purposes of this division, the following terms shall
have the following meanings:
   (a) "Board" means the State Board of Equalization.
   (b) "Importer" means an importer as defined in Section 30019 of
the Revenue and Taxation Code.
   (c) "Distributor" means a distributor as defined in Section 30011
of the Revenue and Taxation Code.
   (d) "Manufacturer" means a manufacturer of cigarettes or tobacco
products sold in this state.
   (e) "Retailer" means a person who engages in this state in the
sale of cigarettes or tobacco products directly to the public from a
retail location. Retailer includes a person who operates vending
machines from which cigarettes or tobacco products are sold in this
state.
   (f) "Retail location" means both of the following:
   (1) A building from which cigarettes or tobacco products are sold
at retail.
   (2) A vending machine.
   (g) "Wholesaler" means a wholesaler as defined in Section 30016 of
the Revenue and Taxation Code.
   (h) "Cigarette" means a cigarette as defined in Section 30003 of
the Revenue and Taxation Code.
   (i) "License" means a license issued by the board pursuant to this
division.
   (j) "Licensee" means a person holding a license issued by the
board pursuant to this division.
   (k) "Sale" or "sold" means a sale as defined in Section 30006 of
the Revenue and Taxation Code.
   (l) "Tobacco products" means tobacco products as defined in
subdivision (b) of Section 30121 and subdivision (b) of Section
30131.1 of the Revenue and Taxation Code, or a tobacco substitute.
   (m) "Tobacco substitute" means a battery-powered device that can
provide inhaled doses of nicotine by delivering a vaporized solution.

   (n) "Unstamped package of cigarettes" means a package of
cigarettes that does not bear a tax stamp as required under Part 13
(commencing with Section 30001) of Division 2 of the Revenue and
Taxation Code, including a package of cigarettes that bears a tax
stamp of another state or taxing jurisdiction, a package of
cigarettes that bears a counterfeit tax stamp, or a stamped or
unstamped package of cigarettes that is marked "Not for sale in the
United States."
   (o) "Person" means a person as defined in Section 30010 of the
Revenue and Taxation Code.
   (p) "Package of cigarettes" means a package as defined in Section
30015 of the Revenue and Taxation Code.
   (q) (1) "Control" or "controlling" means possession, direct or
indirect, of the power:
   (A) To vote 25 percent or more of a class of the voting securities
issued by a person.
   (B) To direct or cause the direction of the management and
policies of a person, whether through the ownership of voting
securities, by contract (other than a commercial contract for goods
or nonmanagement services), or otherwise provided; however, no
individual shall be deemed to control a person solely on account of
being a director, officer, or employee of such person.
   (2) For purposes of subparagraph (B) of this subdivision, a person
who, directly or indirectly, owns, controls, holds, with the power
to vote, or holds proxies representing 10 percent or more of the then
outstanding voting securities issued by another person, is presumed
to control such other person.
   (3) For purposes of this division, the board may determine whether
a person in fact controls another person.
   (r) "Law enforcement agency" means a sheriff, a police department,
or a city, county, or city and county agency or department
designated by the governing body of that agency to enforce this
chapter or to enforce local smoking and tobacco ordinances and
regulations.
   (s) "Brand family" has the same meaning as that term is defined in
paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue
and Taxation Code.
   (t) The amendments made to this section by the act adding this
subdivision shall become operative May 1, 2007. 
   SEC. 4.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.