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Business and Professions Code - BPC - BPC § 22954
Business and Professions Code - BPC - BPC § 22954
(a) Any cigarette or tobacco products distributor or wholesaler as defined in Sections 30011 and 30016 of the Revenue and Taxation Code, and licensed under Article 1 (commencing with Section 30140) of Chapter 3 of Part 13 of Division 2 of the Revenue and Taxation Code or Article
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Business and Professions Code - BPC - BPC § 22955
Business and Professions Code - BPC - BPC § 22955
Agents of the state department, while conducting enforcement activities pursuant to this division, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Section inspectors pursuant to Section 106500 of the Health and Safety Code in the sa
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Business and Professions Code - BPC - BPC § 22956
Business and Professions Code - BPC - BPC § 22956
All persons engaging in the retail sale of tobacco products shall check the identification of tobacco purchasers, to establish the age of the purchaser, if the purchaser reasonably appears to be under 21 years of age.
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Business and Professions Code - BPC - BPC § 22957
Business and Professions Code - BPC - BPC § 22957
(a) In addition to the primary enforcement responsibility assumed by the department, another enforcing agency may conduct inspections and assess penalties for violations of this division if the enforcing agency complies with this division and with all applicable laws and guidelin
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Business and Professions Code - BPC - BPC § 22958
Business and Professions Code - BPC - BPC § 22958
(a) An enforcing agency may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed f
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Business and Professions Code - BPC - BPC § 22959
Business and Professions Code - BPC - BPC § 22959
(a) The sum of two million dollars ($2,000,000) shall be transferred annually from the portion of the federal Substance Abuse Prevention and Treatment block grant moneys allocated to the State Department of Health Care Services for administrative purposes related to substance abu
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Business and Professions Code - BPC - BPC § 22960
Business and Professions Code - BPC - BPC § 22960
(a) Except as provided in subdivision (b), no cigarette or tobacco product shall be sold, offered for sale, or distributed from a vending machine or appliance, or any other coin or token operated mechanical device designed or used for vending purposes, including, but not limited
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Business and Professions Code - BPC - BPC § 22961
Business and Professions Code - BPC - BPC § 22961
(a) No person, firm, corporation, partnership, or other organization shall advertise or cause to be advertised any tobacco products on any outdoor billboard located within 1,000 feet of any public or private elementary school, junior high school, or high school, or public playgro
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Business and Professions Code - BPC - BPC § 22962
Business and Professions Code - BPC - BPC § 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 employe
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Business and Professions Code - BPC - BPC § 22963
Business and Professions Code - BPC - BPC § 22963
(a) The sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 years of age through the United States Postal Service or through any other public or private postal or package delivery service at locations, including, but not l
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Business and Professions Code - BPC - BPC § 22964
Business and Professions Code - BPC - BPC § 22964
This division sets forth minimum state restrictions with respect to the legal age to purchase or possess tobacco products and does not preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive legal age to purchase or possess tobacco products.
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Business and Professions Code - BPC - BPC § 22970
Business and Professions Code - BPC - BPC § 22970
This division shall be known as and may be cited as the Cigarette and Tobacco Products Licensing Act of 2003.
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Business and Professions Code - BPC - BPC § 22970.1
Business and Professions Code - BPC - BPC § 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 products to provide funding for local and state programs, including health services, antismoking campaigns, cancer research,
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Business and Professions Code - BPC - BPC § 22970.2
Business and Professions Code - BPC - BPC § 22970.2
The board shall administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products.
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Business and Professions Code - BPC - BPC § 22970.3
Business and Professions Code - BPC - BPC § 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 include, but not be limited to, representatives from the following: (a) The board. (b) The office of the Attorney Genera
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Business and Professions Code - BPC - BPC § 22971
Business and Professions Code - BPC - BPC § 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 paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. (b) “Cigarette” means a cigarette as defi
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Business and Professions Code - BPC - BPC § 22971.1
Business and Professions Code - BPC - BPC § 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 shall report its findings to the board and the Legislature by July 1, 2006. The report shall include, but not be limited to:
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Business and Professions Code - BPC - BPC § 22971.2
Business and Professions Code - BPC - BPC § 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 administration and enforcement of this division.
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Business and Professions Code - BPC - BPC § 22971.3
Business and Professions Code - BPC - BPC § 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 may provide for the suspension or revocation of the local license for any violation of a state tobacco control law.
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Business and Professions Code - BPC - BPC § 22971.4
Business and Professions Code - BPC - BPC § 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 States, or the California Constitution.
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Business and Professions Code - BPC - BPC § 22971.5
Business and Professions Code - BPC - BPC § 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, addressed to the licensee at the address as it appears in the records of the board. The giving of notice shall be deemed com
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Business and Professions Code - BPC - BPC § 22971.7
Business and Professions Code - BPC - BPC § 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 a product or device as defined in subdivision (d) of Section 22950.5. (b) This section does not apply to subdivision (b)
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Business and Professions Code - BPC - BPC § 22972
Business and Professions Code - BPC - BPC § 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 owns or controls more than one retail location shall obtain a separate license for each retail location, but may submit a s
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Business and Professions Code - BPC - BPC § 22972.1
Business and Professions Code - BPC - BPC § 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 the board, that occurs on or before September 30, 2004. (b) A temporary license issued pursuant to this section shall be au
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Business and Professions Code - BPC - BPC § 22973
Business and Professions Code - BPC - BPC § 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 following: (1) The name, address, and telephone number of the applicant. (2) The business name, address, and telephone nu