SB 1400

Bill Subjects

Abstract

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 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 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. This bill would revise the definition of "tobacco store" by raising the age of persons not permitted to be present or enter the premises at any time, unless accompanied by the person's parent or legal guardian, from 18 to 21 years of age. Existing law, the 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 cigarettes and tobacco products in this state and defines a retailer as a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. The act defines a "retail location" as both any building from which cigarettes or tobacco products are sold at retail and a vending machine. The act also defines "tobacco products" to include, but not be limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50%, tobacco, but does not include cigarettes. A violation of these provisions is a crime. This bill would expand the definition of "tobacco products" to include a product containing, made, or derived from tobacco or nicotine, as specified, an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, and any component, part, or accessory of a tobacco product. The bill would, beginning January 1, 2019, revise the definition of a "retail location" to mean a tobacco store that is a retail business that, among other things, generates more than 60% of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. By expanding the definition of a 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.