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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
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Business and Professions Code - BPC - BPC § 22973.1
Business and Professions Code - BPC - BPC § 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 the following apply: (1) The retailer, or if the retailer is not an individual, any person controlling the retailer, has pr
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Business and Professions Code - BPC - BPC § 22973.2
Business and Professions Code - BPC - BPC § 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 lead agency, and any agency authorized to enforce or administer state or local tobacco control laws, access to the departmen
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Business and Professions Code - BPC - BPC § 22973.3
Business and Professions Code - BPC - BPC § 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 paragraph (1) of subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products
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Business and Professions Code - BPC - BPC § 22973.4
Business and Professions Code - BPC - BPC § 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 tobacco retailer enforcement landscape, including enforcement of California’s flavor, youth access, taxation, and licens
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Business and Professions Code - BPC - BPC § 22974
Business and Professions Code - BPC - BPC § 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 for a period of four years. The records shall be kept at the retail location for at least one year after the purchase. I
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Business and Professions Code - BPC - BPC § 22974.2
Business and Professions Code - BPC - BPC § 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, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of Section 1
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Business and Professions Code - BPC - BPC § 22974.3
Business and Professions Code - BPC - BPC § 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 possesses, stores, owns, or has made a retail sale of an unstamped package of cigarettes, the board or the law enforcement agency
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Business and Professions Code - BPC - BPC § 22974.4
Business and Professions Code - BPC - BPC § 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 Taxation Code, of any retailer or any person controlling the retailer that has: (a) Been convicted of a felony pursuant to Sec
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Business and Professions Code - BPC - BPC § 22974.5
Business and Professions Code - BPC - BPC § 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 hundred dollars ($500).
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Business and Professions Code - BPC - BPC § 22974.7
Business and Professions Code - BPC - BPC § 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 take the following actions: (a) In the case of the first offense, the board may revoke or suspend the license or licenses
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Business and Professions Code - BPC - BPC § 22974.8
Business and Professions Code - BPC - BPC § 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 Health pursuant to subdivision (b) of Section 22958, or pursuant to paragraph (2) of subdivision (f) of Section 104559.5 of t
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Business and Professions Code - BPC - BPC § 22975
Business and Professions Code - BPC - BPC § 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, 2004, every distributor and every wholesaler shall annually obtain and maintain a license to engage in the sale of cigarett
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Business and Professions Code - BPC - BPC § 22976
Business and Professions Code - BPC - BPC § 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 Taxation Code may be issued a license without further investigation.
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Business and Professions Code - BPC - BPC § 22977
Business and Professions Code - BPC - BPC § 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 applicant. (2) The business name, address, and telephone number of each location where cigarettes or tobacco products wi