BILL NUMBER: SB 603	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 27, 2009

   An act to amend Section 22973 of, and to add Section 22973.3 to,
the Business and Professions Code, relating to retail tobacco sales.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 603, as introduced, Padilla. Retail tobacco sales: licenses.
   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, and requires retailer licensees to pay a one-time
license fee of $100, no renewal fee, and a reinstatement fee of $100
if the license is renewed after lapse, and authorizes the board to
suspend or revoke the license of any retailer of tobacco products
that is in violation of the act.
   Existing law requires all moneys collected pursuant to the act to
be deposited in the Cigarette and Tobacco Products Compliance Fund,
which is available for appropriation by the Legislature solely for
the purpose of implementing, enforcing, and administering the
California Cigarette and Tobacco Products Licensing Act of 2003.
   This bill would limit the number of retail licenses available, as
specified. The bill would set the renewal fee at $100.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 22973 of the Business and Professions Code is
amended to read:
   22973.  (a) An application for a license shall be filed on or
before April 15, 2004, 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
retail location. For applicants who control more than one retail
location, an address for receipt of correspondence or notices from
the board, such as a headquarters or corporate office of the
retailer, shall also be included on 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 number of those 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) The 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. The
board may issue a license without further investigation to an
applicant for a retail location if the applicant holds a valid
license from the Department of Alcoholic Beverage Control for that
same location.
   (c) The board shall provide electronic means for applicants to
download and submit applications.
   (d) (1)  A one-time   An initial 
license fee of one hundred dollars ($100) shall be submitted with
each application. An applicant 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 with a one-time license fee of one hundred dollars ($100)
per location  .
   (2) The  one-time   initial license  fee
required by this subdivision does not apply to an application for
renewal of a license for a retail location for which the 
one-time license  fee has already been paid.  For
renewal licenses, the fee shall be one hundred dollars ($100). 
If a license is reinstated after its expiration, the retailer, as a
condition precedent to its reinstatement, shall pay a reinstatement
fee of one hundred dollars ($100).
  SEC. 2.  Section 22973.3 is added to the Business and Professions
Code, to read:
   22973.3.  (a) The number of licenses issued shall be limited to
one for each 2,500 persons, or fraction thereof, over 18 years of age
in the county in which the retail facilities are situated. No
additional license, other than a renewal or transfer, as provided by
subdivision (c), shall be issued for a county in which the number of
current licenses is more than one for every 2,500 persons, or
fraction thereof, 18 years of age or older. Applications shall be
granted, if they meet the requirements of this chapter, in the order
in which they are received.
   (b) In an area where the number of current licenses exceeds the
amount allowed by subdivision (a), an existing license may be
transferred only under one of the following conditions:
   (1) For the continued use at the same location upon the sale or
transfer of the business holding the license.
   (2) For use at another location by the holder of the current
license, upon certification by the department that the new location
is not in an area of overconcentration.