SB 1470, as introduced, Wieckowski. Tobacco.
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, imposes civil penalties for a person engaged in the retail sale of tobacco products who sells, offers for sale, or displays for sale of any tobacco product or tobacco paraphernalia by self-service display, except as specified. Existing law makes these penalties inapplicable to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, as provided, and defines tobacco store to mean a retail business that meets specified requirements, including that it primarily sells tobacco products.
This bill would revise the definition of tobacco store to include the requirement that it primarily sells tobacco products and tobacco paraphernalia, as defined.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 22962 of the Business and Professions
2Code is amended to read:
(a) For purposes of this section, the following terms
4have the following meanings:
P2 1(1) “Self-service display” means the open display of tobacco
2products or tobacco paraphernalia in a manner that is accessible
3to the general public without the assistance of the retailer or
4employee of the retailer.
5(2) “Tobacco paraphernalia” means cigarette papers or wrappers,
6blunt wraps as defined in Section 308 of the Penal Code, pipes,
7holders of smoking materials of all types, cigarette rolling
8machines, or other instruments or things designed for the smoking
9or ingestion of tobacco products.
10(3) “Tobacco
product” means any product containing tobacco
11leaf, including, but not limited to, cigarettes, cigars, pipe tobacco,
12snuff, chewing tobacco, dipping tobacco, bidis, or any other
13preparation of tobacco.
14(4) “Tobacco store” means a retail business that meets all of the
15following requirements:
16(A) Primarily sells tobaccobegin delete products.end deletebegin insert products and tobacco
17paraphernalia.end insert
18(B) Generates more than 60 percent of its gross revenues
19annually from the sale of tobacco products and tobacco
20paraphernalia.
21(C) Does not permit any person under 18 years of age to be
22present or enter
the premises at any time, unless accompanied by
23the person’s parent or legal guardian, as defined in Section 6903
24of the Family Code.
25(D) Does not sell alcoholic beverages or food for consumption
26on the premises.
27(b) (1) (A) Except as permitted in subdivision (b) of Section
2822960, it is unlawful for a person engaged in the retail sale of
29tobacco products to sell, offer for sale, or display for sale any
30tobacco product or tobacco paraphernalia by self-service display.
31A person who violates this section is subject to those civil penalties
32specified in the schedule in subdivision (a) of Section 22958.
33(B) A person who violates this section is subject to those civil
34penalties specified in the schedule in subdivision (a) of Section
3522958.
36(2) It is unlawful for a person engaged in the retail sale of blunt
37wraps to place or maintain, or to cause to be placed or maintained,
38any blunt wraps advertising display within two feet of candy,
39snack, or nonalcoholic beverage displayed inside any store or
40business.
P3 1(3) It is unlawful for any person or business to place or maintain,
2or cause to be placed or maintained, any blunt wrap advertising
3display that is less than four feet above the floor.
4(c) Subdivision (b) shall not apply to the display in a tobacco
5store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping
6tobacco, provided that in the case of cigars they are generally not
7sold or offered for sale in a sealed package of the manufacturer or
8importer containing less than six cigars. In any enforcement action
9brought pursuant to this division, the
retail business that displays
10any of the items described in this subdivision in a self-service
11display shall have the burden of proving that it qualifies for the
12exemption established in this subdivision.
13(d) The Attorney General, a city attorney, a county counsel, or
14a district attorney may bring a civil action to enforce this section.
15(e) This section does not preempt or otherwise prohibit the
16adoption of a local standard that imposes greater restrictions on
17the access to tobacco products than the restrictions imposed by
18this section. To the extent that there is an inconsistency between
19this section and a local standard that imposes greater restrictions
20on the access to tobacco products, the greater restriction on the
21access to tobacco products in the local standard shall prevail.
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