DIVISION 8.6. CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 [22970. - 22991.]

Heading of Division 8.6 amended by Stats. 2017, Ch. 561, Sec. 10.

§§ 22970–22991 · 65 sections

1. CHAPTER 1. General Provisions and Definitions §§ 22970–22971.5 · 10 sections

   • § 22970 This division shall be known as and may be cited as the Cigarette and Tobacco Products Licensing Act of 2003.
   • § 22970.1 The Legislature finds and declares all of the following: (a) The State of California has enacted excise taxes on the distribution of cigarettes and tobacco…
   • § 22970.2 The board shall administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products.
   • § 22970.3 The board may create a Tobacco Tax Compliance Task Force for the purpose of advising the board on cigarette and tobacco products tax compliance issues that may…
   • § 22971 For purposes of this division, the following terms shall have the following meanings: (a) “Brand family” has the same meaning as that term is defined in…
   • § 22971.1 Commencing January 1, 2006, the Bureau of State Audits shall conduct a performance audit of the licensing and enforcement provisions of this division, and…
   • § 22971.2 The board shall administer and enforce the provisions of this division and may prescribe, adopt, and enforce rules and regulations relating to the…
   • § 22971.3 Nothing in this division preempts or supersedes any local tobacco control law other than those related to the collection of state taxes. Local licensing laws…
   • § 22971.4 No person is subject to the requirements of this division if that person is exempt from regulation under the United States Constitution, the laws of the United…
   • § 22971.5 Any notice required by this division shall be served personally or by mail. If by mail, the notice shall be placed in a sealed envelope, with postage paid,…
2. CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products §§ 22971.7–22974.8 · 15 sections

   • § 22971.7 (a) For the purposes of this chapter, except as provided in subdivision (b), and notwithstanding subdivision (v) of Section 22971, a “tobacco product” includes…
   • § 22972 (a) Commencing June 30, 2004, a retailer shall have in place and maintain a license to engage in the sale of cigarettes or tobacco products. A retailer that…
   • § 22972.1 (a) Notwithstanding Section 22972 or Section 22973, the board may issue to a retailer a temporary license with a scheduled expiration date, as determined by…
   • § 22973 (a) An application for a retailer license, as defined in Section 22972, shall be filed in a form and manner prescribed by the department and shall include the…
   • § 22973.1 (a) The board shall issue a license to a retailer upon receipt of a completed application and payment of the fees prescribed in Section 22973, unless any of…
   • § 22973.2 The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local…
   • § 22973.3 (a) Notwithstanding any other law, an application for a retailer license, as defined in Section 22972, for the sale of a tobacco product, as defined in…
   • § 22973.4 (a) On or before December 1, 2027, and again on or before December 1, 2029, the Legislative Analyst shall prepare and submit a report to the Legislature on the…
   • § 22974 A retailer shall retain purchase invoices that meet the requirements set forth in Section 22978.4 for all cigarettes or tobacco products the retailer purchased…
   • § 22974.2 (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a retailer possesses, stores,…
   • § 22974.3 (a) Notwithstanding any other provision of this division, upon discovery by the board or a law enforcement agency that a retailer or any other person…
   • § 22974.4 The board shall revoke the license, pursuant to the provisions applicable to the revocation of a license as set forth in Section 30148 of the Revenue and…
   • § 22974.5 Any retailer who fails to display a license as required in Section 22972 shall, in addition to any other applicable penalty, be liable for a penalty of five…
   • § 22974.7 In addition to any other civil or criminal penalty provided by law, upon a finding that a retailer has violated any provision of this division, the board may…
   • § 22974.8 (a) Except as provided in subdivision (b), the board shall suspend or revoke the license of a retailer upon notification by the State Department of Public…
3. CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products §§ 22975–22978.8 · 14 sections

   • § 22975 (a) In addition to licenses required pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, commencing June 30,…
   • § 22976 A distributor or a wholesaler that, at the time of application, holds a valid license issued by the board pursuant to Section 30140 or 30155 of the Revenue and…
   • § 22977 (a) An application for a license shall be on a form prescribed by the board and shall include the following: (1) The name, address, and telephone number of the…
   • § 22977.1 (a) Every distributor and every wholesaler shall file an application, as prescribed in Section 22977, on or before April 15, 2004. Each application shall be…
   • § 22977.2 (a) The board shall issue a license to a distributor or a wholesaler upon receipt of a completed application and payment of the fee prescribed in Section…
   • § 22978 The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local…
   • § 22978.1 All distributors and all wholesalers shall retain purchase records that meet the requirements set forth in Section 22978.5 for all cigarettes or tobacco…
   • § 22978.2 (a) Notwithstanding any other provision of this division, upon discovery by the board or a law enforcement agency that a distributor possesses, stores, owns,…
   • § 22978.3 (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a wholesaler possesses, stores,…
   • § 22978.4 (a) Except as otherwise provided in paragraph (7), each distributor and each wholesaler shall include the following information on each invoice for the sale of…
   • § 22978.5 (a) Each distributor and each wholesaler of cigarette and tobacco products subject to licensing under this chapter shall maintain accurate and complete records…
   • § 22978.6 The board shall revoke the license, pursuant to the provisions applicable to the revocation of a license as set forth in Section 30148 of the Revenue and…
   • § 22978.7 In addition to any other civil or criminal penalty provided by law, upon a finding that any distributor or any wholesaler has violated any provision of this…
   • § 22978.8 The board shall include on its Web site the name of any wholesaler or distributor whose license has been suspended or revoked.
4. CHAPTER 4. License and Administration Fee for Manufacturers and Importers §§ 22979–22979.7 · 12 sections

   • § 22979 (a) Every manufacturer and every importer shall obtain and maintain a license to engage in the sale of cigarettes. In order to be eligible for obtaining and…
   • § 22979.1 (a) An application for a license by a manufacturer or by an importer shall be on a form prescribed by the board and shall include the following: (1) The name,…
   • § 22979.2 (a) On or before January 1, 2004, every manufacturer and every importer shall pay to the board an administration fee. The amount of the administration fee…
   • § 22979.21 Every manufacturer or importer of tobacco products shall obtain and maintain a license under this division to engage in the sale of tobacco products. In order…
   • § 22979.22 (a) An application for a license by a manufacturer or by an importer of tobacco products shall be on a form prescribed by the board and shall include the…
   • § 22979.23 (a) Every manufacturer or importer of chewing tobacco or snuff shall submit with each application a one-time license fee of ten thousand dollars ($10,000). (b)…
   • § 22979.24 (a) Every manufacturer or importer holding a license pursuant to Section 22979.21 shall file, using electronic media in a manner specified by the department, a…
   • § 22979.3 The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local…
   • § 22979.4 All importers shall retain purchase records that meet the requirements set forth in Section 22979.5 for all cigarettes or tobacco products purchased and other…
   • § 22979.5 (a) Each manufacturer and each importer of cigarette and tobacco products subject to licensing under this chapter shall maintain accurate and complete records…
   • § 22979.6 (a) Each manufacturer and each importer shall include the following information on each invoice for the sale for distribution, wholesale, or retail sale of…
   • § 22979.7 In addition to any other civil or criminal penalty provided by law, upon a finding that a manufacturer or importer has violated any provision of this division,…
5. CHAPTER 5. Inspections, Prohibitions, and Penalties §§ 22980–22983 · 10 sections

   • § 22980 (a) A peace officer or department employee granted limited peace officer status pursuant to paragraph (6) of subdivision (a) of Section 830.11 of the Penal…
   • § 22980.1 (a) A manufacturer or importer shall not sell cigarettes or tobacco products to a distributor, wholesaler, retailer, or any other person who is not licensed…
   • § 22980.2 (a) A person or entity that engages in the business of selling cigarettes or tobacco products in this state either without a valid license or after a license…
   • § 22980.3 (a) Licenses issued pursuant to this division shall be subject to suspension or revocation for violations of this division or the Revenue and Taxation Code as…
   • § 22980.4 A person who, after receiving a notice of suspension or revocation, continues to display for sale cigarettes or tobacco products shall be subject to a civil…
   • § 22980.5 (a) A retailer whose license has been suspended or revoked by order of the board shall conspicuously post a notice at both of the following locations: (1) Each…
   • § 22980.6 (a) A person that is engaged in the business of selling cigarettes or tobacco products in this state shall not possess, store, own, or make a retail sale of…
   • § 22981 Any violation of this division by any person, except as otherwise provided, is a misdemeanor. Each offense shall be punished by a fine not to exceed five…
   • § 22982 Any prosecution for a violation of any of the penal provisions of this division shall be instituted within four years after the commission of the offense.
   • § 22983 The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of…
6. CHAPTER 6. Disposition of Funds §§ 22990–22991 · 4 sections

   • § 22990 (a) All moneys collected pursuant to this division shall be deposited in the Cigarette and Tobacco Products Compliance Fund, which is hereby created in the…
   • § 22990.5 Notwithstanding Sections 30124 and 30131.3 of the Revenue and Taxation Code or any other law, on or after July 1, 2019, no revenues derived from the taxes…
   • § 22990.7 (a) The board shall report to the Legislature, Governor, and Department of Finance on or before January 1, 2019, and on and before January 1 annually…
   • § 22991 The amount of eleven million dollars ($11,000,000) is appropriated from the Cigarette and Tobacco Products Compliance Fund during the 2003–04 fiscal year to…