Business and Professions Code — Part 20 | BPC — United States — California law | Esheria

Business and Professions Code

Part 20 of 52 · provisions 3,801–4,000

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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

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  1. 22949.50.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 37. Gene Therapy Kits: Notice [22949.50 - 22949.51] ( Chapter 37 added by Stats. 2019, Ch. 140, Sec. 2. )

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    A person may not sell a gene therapy kit in this state unless the seller gives the required notice on its website and package label stating the kit is not for self-administration, except as allowed by federal law.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 37. Gene Therapy Kits: Notice [22949.50 - 22949.51] ( Chapter 37 added by Stats. 2019, Ch. 140, Sec. 2. ) ## 22949.50. Except as permitted by federal law, a person shall not sell a gene therapy kit in this state unless the seller includes a notice on the seller’s internet website in a conspicuous location that is displayed to the consumer prior to the point of sale, and on a label on the package containing the gene therapy kit, in plain view and readily legible, stating that the kit is not for self-administration. (Added by Stats. 2019, Ch. 140, Sec. 2. (SB 180) Effective January 1, 2020.)
  2. 22949.51.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 37. Gene Therapy Kits: Notice [22949.50 - 22949.51] ( Chapter 37 added by Stats. 2019, Ch. 140, Sec. 2. )

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    This section defines “gene therapy” and “gene therapy kit” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 37. Gene Therapy Kits: Notice [22949.50 - 22949.51] ( Chapter 37 added by Stats. 2019, Ch. 140, Sec. 2. ) ## 22949.51. For purposes of this chapter, the following definitions apply: (a) “Gene therapy” refers to the administration of genetic material to modify or manipulate the expression of a gene product, or to alter the biological properties of living cells, for therapeutic use. (b) “Gene therapy kit” refers to a product that is sold as a collection of materials for the purpose of facilitating gene therapy experiments, including, but not limited to, a system for the targeted cutting of DNA molecules, such as type II clustered regularly interspaced short palindromic repeats (CRISPR), associated proteins (CRISPR-Cas) systems, including CRISPR-Cas9, as described in Regents of University of California v. Broad Institute, Inc. (2018) 903 F.3d 1286. (Added by Stats. 2019, Ch. 140, Sec. 2. (SB 180) Effective January 1, 2020.)
  3. 22949.60.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section states legislative findings about firearms proliferation and the Legislature’s intent to further restrict certain firearm-related activities.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.60. (a) The Legislature hereby finds and declares that the proliferation of assault weapons, .50 BMG rifles, and unserialized firearms poses a threat to the health, safety, and security of all residents of, and visitors to, this state. All Californians are directly harmed by the proliferation of these weapons and this state has a compelling state interest in protecting its citizens from gun violence and from intimidation by persons brandishing these weapons. Further, this state has a compelling interest in enabling law enforcement authorities to trace firearms used, manufactured, distributed, or transported unlawfully. (b) The Legislature further finds and declares that the proliferation of firearms to and among young people poses a threat to the health, safety, and security of all residents of, and visitors to, this state. Firearms are especially dangerous in the hands of young people because current research and scientific evidence show that young people are more impulsive, more likely to engage in risky and reckless behavior, unduly influenced by peer pressure, motivated more by rewards than costs or negative consequences, less likely to consider the future consequences of their actions and decisions, and less able to control themselves in emotionally arousing situations. In recognition of these facts, the Legislature has previously prohibited licensed firearm dealers from selling a firearm to a person under 21 years of age, subject to certain exemptions. This state has a compelling interest in further restricting the proliferation of firearms among those under 21 years of age. (c) The Legislature has previously restricted assault weapons based upon finding that each such firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. The Legislature has also previously restricted .50 BMG rifles based upon finding that they pose a clear and present threat to the health, safety, and security of all residents of, and visitors to, this state, because those firearms have such a high capacity for long-distance and highly destructive firepower that they pose an unacceptable risk of death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. Each of these previous findings is readopted. The Legislature further finds and declares that the manufacture, distribution, transport, importation, and sale of unserialized firearms poses a threat to the health, safety, and security of all residents of, and visitors to, this state, and impedes law enforcement activities, and that the manufacture, distribution, transport, importation, and sale of firearm precursor parts and kits is contributing to the proliferation of unserialized firearms in the state. (d) It is the intent of the Legislature in enacting this chapter to further restrict in this state the manufacture, distribution, transportation, importation, sale, lending, and transfer of assault weapons, .50 BMG rifles, and unserialized firearms, and further restrict the proliferation of firearms to and among those under 21 years of age, by creating new civil law prohibitions and a civil enforcement mechanism, independent of existing law. Nothing in this chapter shall be construed to limit in any way the enforceability of existing laws concerning firearms, including, but not limited to, Part 6 (commencing with Section 16000) of the Penal Code. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  4. 22949.61.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section defines several firearm-related terms, including assault weapon, fixed magazine, firearm precursor part, and unserialized firearm.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.61. For purposes of this chapter, the following definitions shall apply: (a) “.50 BMG rifle” means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun. “.50 BMG rifle” does not include any antique firearm, nor any curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (b) (1) “Assault weapon” means the following designated semiautomatic firearms: (A) All of the following specified rifles: (i) All AK series, including, but not limited to, the models identified as follows: (I) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S. (II) Norinco 56, 56S, 84S, and 86S. (III) Poly Technologies AKS and AK47. (IV) MAADI AK47 and ARM. (ii) UZI and Galil. (iii) Beretta AR-70. (iv) CETME Sporter. (v) Colt AR-15 series. (vi) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C. (vii) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (viii) MAS 223. (ix) HK-91, HK-93, HK-94, and HK-PSG-1. (x) The following MAC types: (I) RPB Industries Inc. sM10 and sM11. (II) SWD Incorporated M11. (xi) SKS with detachable magazine. (xii) SIG AMT, PE-57, SG 550, and SG 551. (xiii) Springfield Armory BM59 and SAR-48. (xiv) Sterling MK-6. (xv) Steyer AUG. (xvi) Valmet M62S, M71S, and M78S. (xvii) Armalite AR-180. (xviii) Bushmaster Assault Rifle. (xix) Calico M-900. (xx) J&R ENG M-68. (xxi) Weaver Arms Nighthawk. (B) All of the following specified pistols: (i) UZI. (ii) Encom MP-9 and MP-45. (iii) The following MAC types: (I) RPB Industries Inc. sM10 and sM11. (II) SWD Incorporated M-11. (III) Advance Armament Inc. M-11. (IV) Military Armament Corp. Ingram M-11. (V) Intratec TEC-9. (VI) Sites Spectre. (VII) Sterling MK-7. (VIII) Calico M-950. (IX) Bushmaster Pistol. (C) All of the following specified shotguns: (i) Franchi SPAS 12 and LAW 12. (ii) Striker 12. (iii) The Streetsweeper type S/S Inc. SS/12. (D) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991. (E) Any firearm included in the list promulgated by the Attorney General pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this paragraph because it was the most effective way to identify and restrict a specific class of semiautomatic weapons. (F) As used in this paragraph, “series” includes all other models that are only variations, with minor differences, of those models listed in subparagraph (A), regardless of the manufacturer. (2) (A) Notwithstanding paragraph (1), “assault weapon” also means any of the following: (i) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (I) A pistol grip that protrudes conspicuously beneath the action of the weapon. (II) A thumbhole stock. (III) A folding or telescoping stock. (IV) A grenade launcher or flare launcher. (V) A flash suppressor. (VI) A forward pistol grip. (ii) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (iii) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (iv) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (I) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (II) A second handgrip. (III) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. (IV) The capacity to accept a detachable magazine at some location outside of the pistol grip. (v) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (vi) A semiautomatic shotgun that has both of the following: (I) A folding or telescoping stock. (II) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (vii) A semiautomatic shotgun that does not have a fixed magazine. (viii) Any shotgun with a revolving cylinder. (ix) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following: (I) A pistol grip that protrudes conspicuously beneath the action of the weapon. (II) A thumbhole stock. (III) A folding or telescoping stock. (IV) A grenade launcher or flare launcher. (V) A flash suppressor. (VI) A forward pistol grip. (VII) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (VIII) A second handgrip. (IX) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. (X) The capacity to accept a detachable magazine at some location outside of the pistol grip. (x) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds. (xi) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches. (B) For purposes of this paragraph, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. (C) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subparagraph (D). (D) “Assault weapon” does not include either of the following: (i) Any antique firearm. (ii) Any of the following pistols, because they are consistent with the significant public purpose expressed in subparagraph (C): MANUFACTURERMODELCALIBERBENELLIMP90.22LRBENELLIMP90.32 S&W LONGBENELLIMP95.22LRBENELLIMP95.32 S&W LONGHAMMERLI280.22LRHAMMERLI280.32 S&W LONGHAMMERLISP20.22LRHAMMERLISP20.32 S&W LONGPARDINIGPO.22 SHORTPARDINIGP-SCHUMANN.22 SHORTPARDINIHP.32 S&W LONGPARDINIMP.32 S&W LONGPARDINISP.22LRPARDINISPE.22LRWALTHERGSP.22LRWALTHERGSP.32 S&W LONGWALTHEROSP.22 SHORTWALTHEROSP-2000.22 SHORT (c) “Federally regulated firearm precursor part” means any firearm precursor part deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto, and that has been imprinted with a serial number by a federal licensee authorized to serialize firearms in compliance with all applicable federal laws and regulations. (d) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. (e) (1) “Firearm precursor part” means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted. (2) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170 of the Penal Code, are not firearm precursor parts. (f) “Unserialized firearm” means a firearm that does not have a serial number as required by law or has had its serial number altered or obliterated. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  5. 22949.62.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section generally bans manufacturing, importing, selling, transferring, or giving away assault weapons, .50 BMG rifles, unserialized firearms, and certain firearm precursor parts, with several specific exceptions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.62. (a) Notwithstanding any other law, no person within this state may manufacture or cause to be manufactured, distribute, transport, or import into the state, or cause to be distributed, transported, or imported into the state, keep for sale, offer or expose for sale, or give or lend, any assault weapon, .50 BMG rifle, or unserialized firearm, except as provided in subdivisions (e) and (f) and in Section 22949.63. (b) (1) Except as provided in paragraph (2), or except by operation of law, it shall be unlawful for a person to purchase, sell, offer to sell, or transfer ownership of any firearm precursor part in this state that is not a federally regulated firearm precursor part. (2) This subdivision (b) shall not apply to all of the following: (A) The purchase of a firearm precursor part that is not a federally regulated firearm precursor part by a federally licensed firearms manufacturer or importer, or by a federal licensee authorized to serialize firearms. (B) The sale, offer to sell, or transfer of ownership of a firearm precursor part that is not a federally regulated firearm precursor part to a federally licensed firearms manufacturer or importer, or to a federal licensee authorized to serialize firearms. (C) A common carrier licensed under state law, or a motor carrier, air carrier or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property. (c) (1) A person licensed under Sections 26700 to 26915, inclusive, of the Penal Code shall not sell, supply, deliver, or give possession or control of a firearm to any person who is under 21 years of age. (2) (A) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun or a semiautomatic centerfire rifle to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife. (B) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part to a person who is 18 years of age or older and provides proper identification of being an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subdivision, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member. (C) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older: (i) An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is authorized to carry a firearm in the course and scope of employment. (ii) An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of employment. (iii) A reserve peace officer, as described in Section 832.6 of the Penal Code, who is authorized to carry a firearm in the course and scope of employment as a reserve peace officer. (iv) A person who provides proper identification of active membership in the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. (d) The prohibitions described in subdivisions (a), (b), and (c) apply whether or not the firearm or firearm precursor part is misused or is intended to be misused in a criminal or unlawful manner. (e) Subdivisions (a), (b), and (c) do not apply to the sale of an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to, or the purchase, transport, importation, sale or other transfer, or manufacture of, an assault weapon, a .50 BMG rifle, unserialized firearm, or firearm precursor part by, any law enforcement agency, public entity that employs peace officers, or any authorized law enforcement representative thereof, if that person or entity is not prohibited by law from possessing an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part, including, without limitation, the Department of Justice, a police department or sheriffs’ or marshals’ office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, a district attorneys’ office, the Department of Fish and Wildlife, the Department of Parks and Recreation, the Department of Cannabis Control, the military or naval forces of this state or of the United States, a law enforcement or military agency of another state, any federal law enforcement agency, or any foreign government or agency approved by the United States Department of State, for use in the discharge of the official duties of such entities. (f) Subdivisions (a) and (b) do not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6 of the Penal Code, or that was possessed pursuant to subdivision (a) of Section 30630 of the Penal Code, or a firearm assigned a serial number pursuant to Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code, that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by Chapter 1.5 (commencing with Section 30400) or Chapter 2 (commencing with Section 30500), of Division 10 of Title 4 of Part 6 of the Penal Code. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  6. 22949.63.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    Licensed firearms dealers and any individual may handle specified firearms and precursor parts only for the listed repair, transfer, transport, relinquishment, sale, or disposal purposes, subject to stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.63. (a) Notwithstanding Section 22949.62, any licensed firearms dealer may take possession of any assault weapon or .50 BMG rifle from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code, or of any firearm precursor part, for the purposes of servicing or repair. (b) Notwithstanding Section 22949.62, any licensed firearms dealer may transfer possession of any assault weapon, .50 BMG rifle, or firearm precursor part received pursuant to subdivision (a), to a gunsmith for purposes of repairing or servicing that weapon. A transfer is permissible only to the following persons: (1) A gunsmith employed the dealer. (2) A gunsmith with whom the dealer has contracted for gunsmithing services. (c) Paragraph (2) of subdivision (b) applies only if the gunsmith receiving the assault weapon, .50 BMG rifle, or firearm precursor part meets both of the following qualifications: (1) The gunsmith holds a dealer license issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (2) The gunsmith holds any business license required by a state or local governmental entity. (d) In addition to the uses permitted in Chapter 1.5 (commencing with Section 30400) of, and Article 5 (commencing with Section 30900) of Chapter 2 of, Division 10 of Title 4 of Part 6 of the Penal Code, any licensed gun dealer who lawfully possesses an assault weapon, .50 BMG rifle, or firearm precursor part pursuant to those provisions may do either of the following: (1) Transport the firearm or firearm precursor part between dealers or out of the state if that person is permitted pursuant to the National Firearms Act. Any transporting allowed by this section or Section 22949.62 shall be in compliance with Sections 16850 and 25610 of the Penal Code. (2) Sell the firearm or firearm precursor part to a resident outside the state. (e) Notwithstanding Section 22949.62, any individual may, provided that the assault weapon or .50 BMG rifle is transported in compliance with Sections 16850 and 25610 of the Penal Code, do any of the following: (1) Arrange in advance to relinquish an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to a police or sheriff’s department. (2) Sell, deliver, or transfer an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to an authorized representative of a city, city and county, county, or state government, or of the federal government, provided that the entity is acquiring the weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals. (3) Transfer, relinquish, or dispose of a firearm or precursor part in compliance with the requirements of Section 29810 or Section 29830 of the Penal Code. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  7. 22949.64.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section limits enforcement of the chapter to private civil actions under Section 22949.65 and bars state and local officials from enforcing the chapter except as that section allows.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.64. (a) Notwithstanding any other law, the requirements of this chapter shall be enforced exclusively through the private civil actions described in Section 22949.65. No enforcement of this chapter may be taken or threatened by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision against any person, except as provided in Section 22949.65. (b) The fact that conduct violates this chapter shall not be an independent basis for enforcement of any other law of this state, or the denial, revocation, suspension, or withholding of any right or privilege conferred by the law of this state or a political subdivision, or a threat to do the same, by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision, or a board, commission, or similar body assigned authority to do so under law, against any person, except as provided in Section 22949.65. Nor shall any civil action predicated upon a violation of this chapter be brought by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision. For avoidance of doubt, the rights and privileges described by this subdivision include, but are not limited to, any business licenses and permits issued pursuant to this code or any firearms, ammunition, or precursor parts dealer or vendor licenses issued pursuant to Title 4 (commencing with Section 23500) of Part 6 of the Penal Code. This subdivision shall not be construed to prevent or limit enforcement of any other law regulating conduct that also violates this chapter, including, but not limited to, Chapter 1.5 (commencing with Section 30400) and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code. (c) Subdivisions (a) and (b) shall not be construed to do any of the following: (1) Legalize the conduct prohibited by this chapter or by Chapter 1.5 (commencing with Section 30400) and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code. (2) Waive any requirements prescribed in Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code. (3) Limit or affect the availability of a remedy established by Section 22949.65. (4) Limit the enforceability of any other laws that regulate or prohibit any conduct relating to firearms or firearm precursor parts. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  8. 22949.65.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section lets eligible private parties sue for certain knowing violations related to Section 22949.62 and sets the remedies the court must or may award if they win.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.65. (a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who does any of the following: (1) Knowingly violates Section 22949.62. (2) Knowingly engages in conduct that aids or abets a violation of Section 22949.62, regardless of whether the person knew or should have known that the person aided or abetted would be violating Section 22949.62. (3) Knowingly commits an act with the intent to engage in the conduct described by paragraph (1) or (2). (b) If a claimant prevails in an action brought under this section, the court shall award all of the following: (1) Injunctive relief sufficient to prevent the defendant from violating this chapter or engaging in acts that aid or abet violations of this chapter. (2) (A) (i) Statutory damages in an amount of not less than ten thousand dollars ($10,000) for each weapon or firearm precursor part as to which the defendant violated Section 22949.62, and for each weapon or firearm precursor part as to which the defendant aided or abetted a violation of Section 22949.62. (ii) This subparagraph shall remain in effect unless found by a court to be invalid or unconstitutional, in which case this subparagraph is repealed and subparagraph (B) shall become operational. (B) (i) A civil penalty in an appropriate amount to be determined by the court for each violation of this chapter. In making that determination, the court shall consider factors that include, but are not limited to, the number of firearms or precursor parts involved in the defendant’s violation of this chapter, the duration of the prohibited conduct, whether the defendant has previously violated this chapter or any other federal, state, or local law concerning the regulation of firearms, and any other factors tending to increase the risk to the public, such as proximity of the violations to sensitive places. (ii) This subparagraph shall become effective only if a court finds subparagraph (A) to be invalid or unconstitutional. (3) Attorney’s fees and costs. (c) Notwithstanding subdivision (b), a court shall not award relief under this section in response to a violation of subdivision (a) if the defendant demonstrates that the defendant previously paid the full amount of any monetary award under subdivision (b) in a previous action for each weapon or firearm precursor part as to which the defendant violated, or aided or abetted a violation of, Section 22949.62. (d) Notwithstanding any other law, a cause of action under this section shall be extinguished unless the action is brought not later than four years after the cause of action accrues. (e) An act or omission in violation of Section 22949.62 shall be deemed an injury in fact to all residents of, and visitors to, this state, and any such person shall have standing to bring a civil action pursuant to this section. (f) Notwithstanding any other law, none of the following is a defense to an action brought under this section: (1) A defendant’s ignorance or mistake of law. (2) A defendant’s belief that the requirements of this chapter are unconstitutional or were unconstitutional. (3) A defendant’s reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this chapter. (4) A defendant’s reliance on any state or federal court decision that is not binding on the court in which the action has been brought. (5) Nonmutual issue preclusion or nonmutual claim preclusion. (6) Any claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate a constitutional right of a third party. (7) A defendant’s assertion that this chapter proscribes conduct that is separately prohibited by the Penal Code or any other law of this state, or that this chapter proscribes conduct beyond that which is already prohibited by the Penal Code or any other law of this state. (8) Any claim that the firearm or firearm precursor part at issue was not misused, or was not intended to be misused, in a criminal or unlawful manner. (g) (1) Both of the following are affirmative defenses to an action brought under this section: (A) A person sued under paragraph (2) of subdivision (a) reasonably believed, after conducting a reasonable investigation, that the person aided or abetted was complying with this chapter. (B) A person sued under paragraph (3) of subdivision (a) reasonably believed, after conducting a reasonable investigation, that the person was complying with this chapter or was aiding or abetting another who was complying with this chapter. (2) The defendant has the burden of proving an affirmative defense under this subdivision by a preponderance of the evidence. (h) This section shall not be construed to impose liability on any speech or conduct protected by the First Amendment to the United States Constitution, as made applicable to the states through the Fourteenth Amendment to the United States Constitution, or by Section 2 of Article I of the California Constitution. (i) Notwithstanding any other law, this state, a state official, or a district, county, or city attorney shall not intervene in an action brought under this section. However, this subdivision does not prohibit a person described by this subdivision from filing an amicus curiae brief in the action. (j) Notwithstanding any other law, a court shall not award attorney’s fees or costs to a defendant in an action brought under this section. (k) An action pursuant to this section shall not be brought against a federal government, state, political subdivision, or an employee of a federal government, state, or political subdivision on the basis of acts or omissions in the course of discharge of official duties. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  9. 22949.66.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section limits when a defendant sued under Section 22949.65 can assert third-party Second Amendment rights, but preserves the defendant’s own constitutional defenses.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.66. (a) A defendant against whom an action is brought under Section 22949.65 does not have standing to assert the right of another individual to keep and bear arms under the Second Amendment to the United States Constitution as a defense to liability under that section unless either of the following is true: (1) The United States Supreme Court holds that the courts of this state must confer standing on that defendant to assert the third-party rights of other individuals in state court as a matter of federal constitutional law. (2) The defendant has standing to assert the rights of other individuals under the tests for third-party standing established by the United States Supreme Court. (b) A defendant in an action brought under Section 22949.65 may assert an affirmative defense to liability under this section if both of the following are true: (1) The defendant has standing to assert the third-party right of an individual to keep and bear arms in accordance with subdivision (a). (2) The defendant demonstrates that the relief sought by the claimant will violate a third-party’s rights under the Second Amendment to the United States Constitution right as defined by clearly established case law of the United States Supreme Court. (c) Nothing in this section shall in any way limit or preclude a defendant from asserting the defendant’s personal constitutional rights as a defense to liability under Section 22949.65, and a court shall not award relief under Section 22949.65 if the conduct for which the defendant has been sued was an exercise of a state or federal constitutional right that personally belongs to the defendant. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  10. 22949.67.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section limits how Chapter 38 can be read: it does not authorize new causes of action, does not repeal other firearms laws, and does not stop local governments from being at least as strict as state law.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.67. This chapter shall not be construed to do any of the following: (a) Authorize the initiation of a cause of action under this chapter against a person purchasing, obtaining, or attempting to purchase or obtain an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part from a person acting in violation of this chapter. (b) Wholly or partly repeal, either expressly or by implication, any other statute that regulates or prohibits any conduct relating to firearms or firearm precursor parts, including, but not limited to, Chapters 1.5 and 2 (commencing with Sections 30400 and 30500, respectively) of Division 10 of Title 4 of Part 6 and Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code. (c) Restrict a political subdivision from regulating or prohibiting conduct relating to assault weapons, .50 BMG rifles, unserialized firearms, or firearm precursor parts in a manner that is at least as stringent as the laws of this state. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  11. 22949.68.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    A civil action under Section 22949.65 must be filed in one of the listed counties, and it cannot be moved to another venue unless all parties give written consent.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.68. (a) Notwithstanding any other law, a civil action brought under Section 22949.65 shall be brought in any of the following: (1) The county in which all or a substantial part of the events or omissions giving rise to the claim occurred. (2) The county of residence for any one of the natural person defendants at the time the cause of action accrued. (3) The county of the principal office in this state of any one of the defendants that is not a natural person. (4) The county of residence for the claimant if the claimant is a natural person residing in this state. (b) Notwithstanding any other law, if a civil action is brought under Section 22949.65 in one of the venues described by subdivision (a), the action shall not be transferred to a different venue without the written consent of all parties. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  12. 22949.69.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section says the state, political subdivisions, and their officers and employees have immunity in certain challenges to this chapter, and other state laws should not be read to waive that immunity unless they expressly do so.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.69. (a) Notwithstanding any other law, this state has sovereign immunity, a political subdivision has governmental immunity, and each officer and employee of this state or a political subdivision has official immunity in any action, claim, or counterclaim or any type of legal or equitable action that challenges the validity of any provision or application of this chapter, on constitutional grounds or otherwise. (b) A provision of state law shall not be construed to waive or abrogate an immunity described by subdivision (a) unless it expressly waives immunity under this section. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  13. 22949.70.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This section says the chapter’s provisions are meant to be severable, so invalid parts can be separated and the valid parts can remain in force.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.70. (a) It is the intent of the Legislature that every provision, section, subdivision, sentence, clause, phrase, and word in this chapter, and every application of the provisions in this chapter, are severable from each other. (b) If any application of any provision in this chapter to any person, group of persons, or circumstances is found by a court to be invalid or unconstitutional, the remaining applications of that provision to all other persons and circumstances shall be severed and shall not be affected. All constitutionally valid applications of this chapter shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the Legislature’s intent and priority that the valid applications be allowed to stand alone. Even if a reviewing court finds a provision of this chapter to impose an unconstitutional burden in a large or substantial fraction of relevant cases, the applications that do not present an unconstitutional burden shall be severed from the remaining applications and shall remain in force, and shall be treated as if the Legislature had enacted a statute limited to the persons, group of persons, or circumstances for which the statute’s application does not present an unconstitutional burden. If any court declares or finds a provision of this chapter facially unconstitutional, when discrete applications of that provision can be enforced against a person, group of persons, or circumstances without violating the United States Constitution and the California Constitution, those applications shall be severed from all remaining applications of the provision, and the provision shall be interpreted as if the Legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision’s application will not violate the United States Constitution and the California Constitution. (c) The Legislature further declares that it would have enacted this chapter, and each provision, section, subdivision, sentence, clause, phrase, and word, and all constitutional applications of this chapter, irrespective of the fact that any provision, section, subdivision, sentence, clause, phrase, or word, or application of this chapter, were to be declared unconstitutional or to represent an unconstitutional burden. (d) If any provision of this chapter is found by any court to be unconstitutionally vague, then the applications of that provision that do not present constitutional vagueness problems shall be severed and remain in force. (e) A court shall not decline to enforce the severability requirements of this section on the ground that severance would rewrite the statute or involve the court in legislative or lawmaking activity. A court that declines to enforce or enjoins a state official from enforcing a statutory provision of this chapter does not rewrite a statute, as the statute continues to contain the same words as before the court’s decision. Each of the following is true about a judicial injunction or declaration of unconstitutionality of a provision of this chapter: (1) It is nothing more than an edict prohibiting enforcement that may subsequently be vacated by a later court if that court has a different understanding of the requirements of the California Constitution or the United States Constitution. (2) It is not a formal amendment of the language in a statute. (3) It no more rewrites a statute than a decision by the executive not to enforce a duly-enacted statute in a limited and defined set of circumstances. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
  14. 22949.71.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. )

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    This chapter becomes inoperative if the specified Texas law is invalidated by a final decision of the U.S. Supreme Court or Texas Supreme Court, and it is repealed on January 1 of the following year.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts [22949.60 - 22949.71] ( Chapter 38 added by Stats. 2022, Ch. 146, Sec. 1. ) ## 22949.71. This chapter shall become inoperative upon invalidation of Subchapter H (commencing with Section 171.201) of Chapter 171 of the Texas Health and Safety Code in its entirety by a final decision of the United States Supreme Court or Texas Supreme Court, and is repealed on January 1 of the following year. (Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by its own provisions. Repealed on January 1 following the inoperative date. Note: Repeal affects Ch. 38, commencing with Section 22949.60.)
  15. 22949.80.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 39. Marketing Firearms to Minors [22949.80- 22949.80.] ( Chapter 39 added by Stats. 2022, Ch. 77, Sec. 2. )

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    Firearm industry members may not market firearm-related products to minors, or use minors’ personal information for that purpose.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 39. Marketing Firearms to Minors [22949.80- 22949.80.] ( Chapter 39 added by Stats. 2022, Ch. 77, Sec. 2. ) ## 22949.80. (a) (1) A firearm industry member shall not advertise, market, or arrange for placement of an advertising or marketing communication offering or promoting any firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors. (2) In determining whether marketing or advertising of a firearm-related product is attractive to minors, as described in paragraph (1), a court shall consider the totality of the circumstances, including, but not limited to, whether the marketing or advertising: (A) Uses caricatures that reasonably appear to be minors or cartoon characters to promote firearm-related products. (B) Offers brand name merchandise for minors, including, but not limited to, hats, t-shirts, or other clothing, or toys, games, or stuffed animals, that promotes a firearm industry member or firearm-related product. (C) Offers firearm-related products in sizes, colors, or designs that are specifically designed to be used by, or appeal to, minors. (D) Is part of a marketing or advertising campaign designed with the intent to appeal to minors. (E) Uses images or depictions of minors in advertising and marketing materials to depict the use of firearm-related products. (F) Is placed in a publication created for the purpose of reaching an audience that is predominately composed of minors and not intended for a more general audience composed of adults. (3) This subdivision does not apply to a communication offering or promoting any firearm safety program, hunting safety or promotional program, firearm instructional course, sport shooting event or competition, or any similar program, course, or event, nor does it apply to a communication offering or promoting membership in any organization, or promotion of lawful hunting activity, including, but not limited to, any fundraising event, youth hunting program, or outdoor camp. (b) A firearm industry member publishing material directed to minors in this state or who has actual knowledge that a minor in this state is using or receiving its material, shall not knowingly use, disclose, compile, or allow a third party to use, disclose, or compile, the personal information of that minor with actual knowledge that the use, disclosure, or compilation is for the purpose of marketing or advertising to that minor any firearm-related product. (c) As used in this chapter: (1) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code. (2) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code. (3) “Firearm accessory” means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with, a firearm which is designed, intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter’s ability to hold, carry, or use a firearm. (4) “Firearm industry member” means any of the following: (A) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products. (B) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association formed for the express purpose of promoting, encouraging, or advocating for the purchase, use, or ownership of firearm-related products that does one of the following: (i) Advertises firearm-related products. (ii) Advertises events where firearm-related products are sold or used. (iii) Endorses specific firearm-related products. (iv) Sponsors or otherwise promotes events at which firearm-related products are sold or used. (5) “Firearm-related product” means a firearm, ammunition, reloaded ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions: (A) The item is sold, made, or distributed in California. (B) The item is intended to be sold or distributed in California. (C) It is reasonably foreseeable that the item would be sold or possessed in California. (D) Marketing or advertising for the item is directed to residents of California. (6) “Marketing or advertising” means, in exchange for monetary compensation, to make a communication to one or more individuals, or to arrange for the dissemination to the public of a communication, about a product, the primary purpose of which is to encourage recipients of the communication to engage in a commercial transaction. (7) “Minor” means a natural person under 18 years of age who resides in this state. (d) This section shall not be construed to require or authorize a firearm industry member to collect or retain age information about users or subscribers of products or services offered. (e) (1) Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction. (2) The court shall impose a civil penalty under paragraph (1) for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (3) A person harmed by a violation of this section may commence a civil action to recover their actual damages. (4) The court shall also order injunctive relief, including a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the court deems necessary to prevent the harm described in this section. (5) Upon a motion, a court shall award reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in an action brought pursuant to this section. (6) Each copy or republication of marketing or advertising prohibited by this section shall be deemed a separate violation. (f) The provisions of this section are severable. If any portion, subdivision, paragraph, clause, sentence, phrase, word, or application of this section is for any reason held to be invalid by any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this chapter. The Legislature hereby declares that it would have adopted this section and each and every portion, subdivision, paragraph, clause, sentence, phrase, word, and application not declared invalid or unconstitutional without regard to whether any other portion of this section or application thereof would be subsequently declared invalid. (Amended by Stats. 2022, Ch. 771, Sec. 1. (AB 160) Effective September 29, 2022.)
  16. 22950.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

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    This division is called the Stop Tobacco Access to Kids Enforcement Act (or the STAKE Act).

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 22950. This Division shall be known and may be referred to as the Stop Tobacco Access to Kids Enforcement Act or the STAKE Act. (Added by Stats. 1994, Ch. 1009, Sec. 1. Effective January 1, 1995.)
  17. 22950.5.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

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    This section defines key terms used in the division, including “Department,” “Enforcing agency,” “Smoking,” and “Tobacco product.”

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 22950.5. For purposes of this division, the following terms have the following meanings: (a) “Department” means the State Department of Public Health. (b) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel. (c) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. (d) (1) “Tobacco product” means any of the following: (A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. (C) Any component, part, or accessory of a tobacco product, whether or not sold separately. (2) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 1. (SB 5 2x) Effective June 9, 2016.)
  18. 22951.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    California must comply with federal tobacco-sale restrictions and support enforcement against sales to minors.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 22951. The Legislature finds and declares that reducing and eventually eliminating the illegal purchase and consumption of tobacco products by any person under 21 years of age is critical to ensuring the long-term health of our state’s citizens. Accordingly, California must fully comply with federal regulations, particularly the “Synar Amendment,” that restrict tobacco sales to minors and require states to vigorously enforce their laws prohibiting the sale and distribution of tobacco products to persons under 18 years of age. Full compliance and vigorous enforcement of the “Synar Amendment” requires the collaboration of multiple state and local agencies that license, inspect, or otherwise conduct business with retailers, distributors, or wholesalers that sell tobacco. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 2. (SB 7 2x) Effective June 9, 2016.)
  19. 22952.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    The State Department of Public Health must run and publish tobacco-control enforcement programs, require retail warning notices and ID checks, oversee sting inspections, and report compliance to the Governor and Legislature.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 22952. The State Department of Public Health shall do all of the following: (a) Establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through the enforcement activities authorized by this division. (b) Establish requirements that retailers of tobacco products post conspicuously, at each point of purchase, a notice stating that selling tobacco products to anyone under 21 years of age is illegal and subject to penalties. The notice shall also state that the law requires that all persons selling tobacco products check the identification of a purchaser of tobacco products who reasonably appears to be under 21 years of age. The warning signs shall include a toll-free telephone number to the department for persons to report unlawful sales of tobacco products to any person under 21 years of age. (c) Provide that primary responsibility for enforcement of this division shall be with the department. In carrying out its enforcement responsibilities, the department shall conduct random, onsite sting inspections at retail sites and shall enlist the assistance of persons that are under 21 years of age in conducting these enforcement activities. The department may conduct onsite sting inspections in response to public complaints or at retail sites where violations have previously occurred, and investigate illegal sales of tobacco products to any person under 21 years of age by telephone, mail, or the Internet. A person under 21 years of age who participates in these enforcement activities is immune from prosecution under any provision of law prohibiting the purchase of these products by a person under 21 years of age. (d) In accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall adopt and publish guidelines for the use of persons under 21 years of age in inspections conducted pursuant to subdivision (c) that shall include, but not be limited to, all of the following: (1) An enforcing agency may use persons under 21 years of age in random inspections to determine if sales of cigarettes or other tobacco products are being made to persons under 21 years of age. (2) A photograph or video recording of the person under 21 years of age shall be taken prior to each inspection or shift of inspections and retained by the enforcing agency for purposes of verifying appearances. (3) An enforcing agency may use video recording equipment when conducting the inspections to record and document illegal sales or attempted sales. (4) The person under 21 years of age, if questioned about his or her age, need not state his or her actual age but shall present a true and correct identification if verbally asked to present it. Any failure on the part of the person under 21 years of age to provide true and correct identification, if verbally asked for it, shall be a defense to an action pursuant to this section. (5) The person under 21 years of age shall be under the supervision of a regularly employed peace officer during the inspection. (6) All persons under 21 years of age used in this manner by an enforcing agency shall display the appearance of a person under 21 years of age. It shall be a defense to an action under this division that the person’s appearance was not that which could be generally expected of a person under 21 years of age, under the actual circumstances presented to the seller of the cigarettes or other tobacco products at the time of the alleged offense. (7) Following the completion of the sale, the peace officer accompanying the person under 21 years of age shall reenter the retail establishment and shall inform the seller of the random inspection. Following an attempted sale, the enforcing agency shall notify the retail establishment of the inspection. (8) Failure to comply with the procedures set forth in this subdivision shall be a defense to an action brought pursuant to this section. (e) Be responsible for ensuring and reporting the state’s compliance with Section 1926 of Title XIX of the federal Public Health Service Act (42 U.S.C. Sec. 300x-26) and any implementing regulations adopted in relation thereto by the United States Department of Health and Human Services. A copy of this report shall be made available to the Governor and the Legislature. (f) Provide that any civil penalties imposed pursuant to Section 22958 shall be enforced against the owner or owners of the retail business and not the employees of the business. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 3. (SB 7 2x) Effective June 9, 2016.)
  20. 22953.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    Civil penalties collected under this division must be deposited in the State Treasury and credited to the Sale of Tobacco to Minors Control Account.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 22953. All moneys collected as civil penalties by the department and other state agencies pursuant to this division shall be deposited in the State Treasury to the credit of the Sale of Tobacco to Minors Control Account that is hereby established. (Amended by Stats. 2007, Ch. 653, Sec. 4. Effective January 1, 2008.)
  21. 22954.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    Certain tobacco distributors, wholesalers, and cigarette vending machine operators must report information annually to the State Department of Health Services, and the reported data is confidential.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 3 (commencing with Section 30155) of Chapter 3 of Part 13 of Division 2 of the Revenue and Taxation Code, and any cigarette vending machine operator granted a seller’s permit under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), shall annually provide to the State Department of Health Services, the names and addresses of those persons to whom they provide tobacco products, including, but not limited to, dealers as defined in Section 30012 of the Revenue and Taxation Code, for the purpose of identifying retailers of tobacco to ensure compliance with this division. (b) Cigarette vending machine operators granted a seller’s permit under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), shall annually provide to the department their name and the address of each location where cigarette vending machines are placed, in order to ensure compliance with this division. (c) The data provided, pursuant to this section, shall be deemed confidential official information by the department and shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 36. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  22. 22955.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    State department agents conducting enforcement under this division are treated as peace officers and are subject to the same powers and immunities as Food and Drug Section inspectors under Section 106500.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 same manner as are any Food and Drug Section inspectors of the state department. (Amended by Stats. 1996, Ch. 1023, Sec. 24. Effective September 29, 1996.)
  23. 22956.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    Retail tobacco sellers must check the ID of a purchaser who reasonably appears to be under 21 to verify the purchaser’s age.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 4. (SB 7 2x) Effective June 9, 2016.)
  24. 22957.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    Another enforcing agency may inspect and assess penalties for violations of this division if it complies with this division and related laws and guidelines.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 guidelines developed pursuant to this division. (b) State and local enforcement agencies are encouraged, in order to avoid duplication, to share the results of inspections and coordinate with the department when enforcing this division. (Amended by Stats. 2007, Ch. 653, Sec. 5. Effective January 1, 2008.)
  25. 22958.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section lets enforcing agencies fine sellers and related businesses for tobacco sales or furnishing tobacco to anyone under 21, and sets higher penalties and possible license suspension or revocation for repeat violations.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, according to the following schedule: (1) A civil penalty of one thousand dollars ($1,000) to one thousand five hundred dollars ($1,500) for the first violation. (2) A civil penalty of two thousand dollars ($2,000) to three thousand dollars ($3,000) for the second violation at the same location within a five-year period. (3) A civil penalty of five thousand dollars ($5,000) to ten thousand dollars ($10,000) for the third violation at the same location within a five-year period. (4) A civil penalty of ten thousand dollars ($10,000) to twenty thousand dollars ($20,000) for a fourth violation within a five-year period. (5) A civil penalty of at least twenty thousand dollars ($20,000) for five or more violations within a five-year period. (b) (1) In addition to the civil penalties described in subdivision (a), upon the assessment of a civil penalty for the third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the State Board of Equalization of the violation. The State Board of Equalization shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 in accordance with the following schedule: (A) A 45-day suspension of the license for a third violation at the same location within a five-year period. (B) A 90-day suspension of the license for a fourth violation at the same location within a five-year period. (C) Revocation of the license for a fifth violation at the same location within a five-year period. (2) 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 the penalty imposed by the State Board of Equalization pursuant to paragraph (1). (c) (1) For each suspension or revocation pursuant to subdivision (b), the civil penalty of two hundred fifty dollars ($250) assessed pursuant to that subdivision, notwithstanding Section 22953, shall be deposited into the Cigarette and Tobacco Products Compliance Fund established pursuant to Section 22990. Moneys from that civil penalty deposited into this fund shall be made available to the State Board of Equalization, upon appropriation by the Legislature, for the purposes of meeting its duties under subdivision (b). (2) The department shall, upon request, provide to the State Board of Equalization information concerning any person, firm, or corporation that has been assessed a civil penalty for violation of the STAKE Act pursuant to this section when the department has notified the State Board of Equalization of the violation. (d) The enforcing agency shall assess penalties pursuant to the schedule set forth in subdivision (a) against a person, firm, or corporation that sells, offers for sale, or distributes tobacco products from a cigarette or tobacco products vending machine, or a person, firm, or corporation that leases, furnishes, or services these machines in violation of Section 22960. (e) An enforcing agency may assess civil penalties against a person, firm, or corporation that sells or deals in tobacco or any preparation thereof, and fails to post conspicuously and keep posted in the place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952. The civil penalty shall be in the amount of two hundred dollars ($200) for the first offense and five hundred dollars ($500) for each additional violation. (f) An enforcing agency shall assess penalties in accordance with the schedule set forth in subdivision (a) against a person, firm, or corporation that advertises or causes to be advertised a tobacco product on an outdoor billboard in violation of Section 22961. (g) If a civil penalty has been assessed pursuant to this section against a person, firm, or corporation for a single, specific violation of this division, the person, firm, or corporation shall not be prosecuted under Section 308 of the Penal Code for a violation based on the same facts or specific incident for which the civil penalty was assessed. If a person, firm, or corporation has been prosecuted for a single, specific violation of Section 308 of the Penal Code, the person, firm, or corporation shall not be assessed a civil penalty under this section based on the same facts or specific incident upon which the prosecution under Section 308 of the Penal Code was based. (h) (1) In the case of a corporation or business with more than one retail location, to determine the number of accumulated violations for purposes of the penalty schedule set forth in subdivision (a), violations of this division by one retail location shall not be accumulated against other retail locations of that same corporation or business. (2) In the case of a retail location that operates pursuant to a franchise as defined in Section 20001, violations of this division accumulated and assessed against a prior owner of a single franchise location shall not be accumulated against a new owner of the same single franchise location for purposes of the penalty schedule set forth in subdivision (a). (i) Proceedings under this section shall be conducted pursuant to Section 131071 of the Health and Safety Code, except in cases where a civil penalty is assessed by an enforcing agency other than the department, in which case proceedings shall be conducted pursuant to the procedures of that agency that are consistent with Section 131071 of the Health and Safety Code. (Amended by Stats. 2024, Ch. 462, Sec. 3. (SB 1230) Effective January 1, 2025.)
  26. 22959.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

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    Two million dollars must be transferred each year to the Sale of Tobacco to Minors Control Account, and those funds may be spent by the state department to administer and enforce this division after legislative appropriation.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 abuse programs, to the Sale of Tobacco to Minors Control Account. (b) Upon appropriation by the Legislature, moneys in the Sale of Tobacco to Minors Control Account shall be expended by the state department to administer and enforce this division. (Amended by Stats. 2013, Ch. 22, Sec. 4. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  27. 22960.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

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    Cigarette and tobacco products generally cannot be sold, offered, or distributed from vending machines, except for a limited placement rule in subdivision (b).

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 to, machines or devices that use remote control locking mechanisms. (b) (1) Commencing January 1, 1996, cigarette or tobacco product vending machines or appliances may be located at least 15 feet away from the entrance of a premise issued an on-sale public premises license as defined in Section 23039 by the Department of Alcoholic Beverage Control to sell alcoholic beverages. (2) As used in this subdivision “at least 15 feet away from the entrance” means within the premises of the licensed establishment and not outside those premises. (c) This section and subdivision (b) of Section 22958 set forth minimum state restrictions on the sale of cigarettes or tobacco products from vending machines or devices and do not preempt or otherwise prohibit the adoption of a local standard that further restricts access to and reduces the availability of cigarette or tobacco products from vending machines or devices or that imposes a complete ban on the sale of cigarettes or tobacco products from vending machines or devices. A local standard that further restricts or imposes a complete ban on the sale of cigarettes or tobacco products from vending machines or devices shall control in the event of an inconsistency between this section and a local standard. (Added by Stats. 1995, Ch. 823, Sec. 2. Effective January 1, 1996.)
  28. 22961.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

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    Tobacco products cannot be advertised on outdoor billboards within 1,000 feet of schools or public playgrounds.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 playground. (b) This section sets forth minimum state restrictions on the advertisement of any tobacco products on outdoor billboards near schools and public playgrounds and does not preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive or complete ban on billboard advertising or on tobacco-related billboard advertising. A local standard that imposes a more restrictive or complete ban on billboard advertising or on tobacco-related billboard advertising shall control in the event of any inconsistency between this section and a local standard. (c) This section shall not be construed to prohibit the display of a message or advertisement opposing the use of tobacco products. However, this subdivision shall not be construed to permit an advertisement promoting the use of tobacco products by including a message opposing the use of tobacco products within that advertisement. (Added by Stats. 1997, Ch. 219, Sec. 3. Effective January 1, 1998.)
  29. 22962.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section defines key tobacco terms and bans certain self-service and blunt-wrap advertising displays, with exceptions for tobacco stores and stronger local rules.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 employee of the retailer. (2) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products. (3) “Tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (4) “Tobacco store” means a retail business that meets all of the following requirements: (A) Primarily sells tobacco products. (B) Generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. (C) 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, as defined in Section 6903 of the Family Code. (D) Does not sell alcoholic beverages or food for consumption on the premises. (b) (1) (A) Except as permitted in subdivision (b) of Section 22960, it is unlawful for a person engaged in the retail sale of tobacco products to sell, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by self-service display. A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. (B) A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. (2) It is unlawful for a person engaged in the retail sale of blunt wraps to place or maintain, or to cause to be placed or maintained, any blunt wraps advertising display within two feet of candy, snack, or nonalcoholic beverage displayed inside any store or business. (3) It is unlawful for any person or business to place or maintain, or cause to be placed or maintained, any blunt wrap advertising display that is less than four feet above the floor. (c) Subdivision (b) shall not apply to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, provided that in the case of cigars they are generally not sold or offered for sale in a sealed package of the manufacturer or importer containing less than six cigars. In any enforcement action brought pursuant to this division, the retail business that displays any of the items described in this subdivision in a self-service display shall have the burden of proving that it qualifies for the exemption established in this subdivision. (d) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section. (e) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 3. (SB 5 2x) Effective June 9, 2016.)
  30. 22963.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

    Verify source ↗

    Selling, distributing, or delivering tobacco products to people under 21 through mail or package delivery is prohibited, and sellers/distributors must verify age, restrict payment and delivery methods, and obtain an adult signature.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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 limited to, public mailboxes and mailbox stores, is prohibited. (b) Any person selling or distributing, or engaging in the nonsale distribution of, tobacco products directly to a consumer in the state through the United States Postal Service or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile transmission, or the internet, shall comply with the following provisions: (1) (A) Before enrolling a person as a customer, or distributing or selling, or engaging in the nonsale distribution of, the tobacco product through any of these means, the distributor or seller shall verify that the purchaser or recipient of the product is 21 years of age or older. The distributor or seller shall attempt to match the name, address, and date of birth provided by the customer to information contained in records in a database of individuals whose age has been verified to be 21 years or older by reference to an appropriate database of government records kept by the distributor, a direct marketing firm, or any other entity. In the case of a sale, the distributor or seller shall also verify that the billing address on the check or credit card offered for payment by the purchaser matches the address listed in the database. (B) If the seller, distributor, or nonsale distributor, is unable to verify that the purchaser or recipient is 21 years of age or older pursuant to subparagraph (A), the seller, distributor, or nonsale distributor shall require the customer or recipient to submit an age-verification kit consisting of an attestation signed by the customer or recipient that the customer or recipient is 21 years of age or older and a copy of a valid form of government identification. For the purposes of this section, a valid form of government identification includes a driver’s license, state identification card, passport, an official naturalization or immigration document, such as a permanent resident card (commonly known as a “green card”) or an immigrant visa, or military identification. In the case of a sale, the distributor or seller shall also verify that the billing address on the check or credit card provided by the consumer matches the address listed in the form of government identification. (2) In the case of a sale, the distributor or seller shall impose a two-carton minimum on each order of cigarettes, and shall require payment for the purchase of any tobacco product to be made by personal check of the purchaser or the purchaser’s credit card. No money order or cash payment shall be received or permitted. The distributor or seller shall submit to each credit card acquiring company with which it has credit card sales identification information in an appropriate form and format so that the words “tobacco product” may be printed in the purchaser’s credit card statement when a purchase of a tobacco product is made by credit card payment. (3) In the case of a sale, the distributor or seller shall make a telephone call after 5 p.m. to the purchaser confirming the order prior to shipping the tobacco products. The telephone call may be a person-to-person call or a recorded message. The distributor or seller is not required to speak directly with a person and may leave a message on an answering machine or by voice mail. (4) (A) The nonsale distributor shall deliver the tobacco product to the recipient’s verified mailing address, or, in the case of a sale, the seller or distributor shall deliver the tobacco product to the purchaser’s verified billing address on the check or credit card used for payment. (B) In the case of a nonsale, a recipient may designate an alternative address for delivery, if the recipient’s mailing address has been verified in accordance with this section. (C) In the case of a sale, a purchaser may designate an alternative address for delivery, if the purchaser’s billing address has been verified in accordance with this section. (D) A delivery described under this section shall not be permitted to any post office box. (5) The tobacco product shall be delivered only in a container that is conspicuously labeled with the words: “CONTAINS TOBACCO PRODUCTS: SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY.” (6) Upon the delivery of the tobacco product to the recipient’s or purchaser’s address, the seller, distributor, or nonsale distributor shall obtain the signature of a person 21 years of age or older before completing the delivery. (c) Notwithstanding subdivisions (a) and (b), if a seller, distributor, or nonsale distributor, complies with all of the requirements of this section and a person under 21 years of age obtains a tobacco product by any of the means described in subdivision (b), the seller, distributor, or nonsale distributor is not in violation of this section. (d) For the purposes of the enforcement of this section pursuant to Section 22958, the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others, and the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package’s contents, are not unlawful and are not subject to civil penalties. (e) (1) (A) For the purposes of this section, a “distributor” is any person or entity, within or outside the state, who agrees to distribute tobacco products to a customer or recipient within the state. The United States Postal Service or any other public or private postal or package delivery service is not a distributor within the meaning of this section. (B) A “nonsale distributor” is any person inside or outside of this state who, directly or indirectly, knowingly provides tobacco products to any person in this state as part of a nonsale transaction. “Nonsale distributor” includes the person or entity who provides the tobacco product for delivery and the person or entity who delivers the product to the recipient as part of a nonsale transaction. (C) “Nonsale distribution” means to give smokeless tobacco or cigarettes to the general public at no cost, or at nominal cost, or to give coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers for smokeless tobacco or cigarettes to the general public at no cost or at nominal cost. Distribution of tobacco products, coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers in connection with the sale of another item, including tobacco products, cigarette lighters, magazines, or newspapers shall not constitute nonsale distribution. (2) For the purpose of this section, a “seller” is any person or entity, within or outside the state, who agrees to sell tobacco products to a customer within the state. The United States Postal Service or any other public or private postal or package delivery service is not a seller within the meaning of this section. (3) For the purpose of this section, a “carton” is a package or container that contains 200 cigarettes. (f) A district attorney, city attorney, or the Attorney General may assess civil penalties against any person, firm, corporation, or other entity that violates this section, according to the following schedule: (1) A civil penalty of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000) for the first violation. (2) A civil penalty of not less than two thousand five hundred dollars ($2,500) and not more than three thousand five hundred dollars ($3,500) for the second violation. (3) A civil penalty of not less than four thousand dollars ($4,000) and not more than five thousand dollars ($5,000) for the third violation within a five-year period. (4) A civil penalty of not less than five thousand five hundred dollars ($5,500) and not more than six thousand five hundred dollars ($6,500) for the fourth violation within a five-year period. (5) A civil penalty of ten thousand dollars ($10,000) for a fifth or subsequent violation within a five-year period. (Amended by Stats. 2021, Ch. 296, Sec. 11. (AB 1096) Effective January 1, 2022.)
  31. 22964.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. )

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    This section sets minimum state age restrictions for buying or possessing tobacco products and allows local laws to be stricter.

    ## Business and Professions Code - BPC ## DIVISION 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT [22950 - 22964] ( Division 8.5 added by Stats. 1994, Ch. 1009, Sec. 1. ) ## 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. A local standard that imposes a more restrictive legal age to purchase or possess tobacco products shall control in the event of any inconsistency between this division and a local standard. (Added by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 7. (SB 7 2x) Effective June 9, 2016.)
  32. 22970.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    This division may be cited as the Cigarette and Tobacco Products Licensing Act of 2003.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 22970. This division shall be known as and may be cited as the Cigarette and Tobacco Products Licensing Act of 2003. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  33. 22970.1.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The Legislature states that licensing manufacturers, importers, wholesalers, distributors, and retailers of cigarettes and tobacco products helps curb untaxed sales and unlawful distributions.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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, and education programs. (b) Tax revenues have declined by hundreds of millions of dollars per year due, in part, to unlawful distributions and untaxed sales of cigarettes and tobacco products conducted by organized crime syndicates, street gangs, and international terrorist groups. (c) The enforcement of California’s cigarette and tobacco products tax laws is necessary to collect millions of dollars in lost tax revenues each year. (d) The licensing of manufacturers, importers, wholesalers, distributors, and retailers will help stem the tide of untaxed distributions and illegal sales of cigarettes and tobacco products. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  34. 22970.2.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The board must run a statewide licensing program for cigarette and tobacco product manufacturers, importers, distributors, wholesalers, and retailers.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 22970.2. The board shall administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  35. 22970.3.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The board may create a Tobacco Tax Compliance Task Force to advise it on cigarette and tobacco products tax compliance issues.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 General. (c) The Franchise Tax Board. (d) The Department of Alcoholic Beverage Control. (e) The State Department of Health Services. (f) Federal agencies necessary to coordinate programs to combat tobacco tax evasion, smuggling, and counterfeiting. (g) One person from each of the categories of persons required by this division to have a license. (h) Other states engaged in tobacco tax compliance efforts. (i) Local law enforcement agencies. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  36. 22971.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    This section defines key terms used in the cigarette and tobacco products licensing law.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 defined in Section 30003 of the Revenue and Taxation Code. (c) (1) “Control” or “controlling” means possession, direct or indirect, of the power: (A) To vote 25 percent or more of any class of the voting securities issued by a person. (B) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. (2) For purposes of subparagraph (B) of paragraph (1), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. (3) For purposes of this division, the department may determine whether a person in fact controls another person. (d) “Department” means the California Department of Tax and Fee Administration. (e) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. (f) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. (g) “Flavored tobacco product” has the same meaning as that term is defined in Section 104559.5 of the Health and Safety Code. (h) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. (i) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. (j) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. (k) “License” means a license issued by the department pursuant to this division. (l) “Licensee” means a person holding a license issued by the department pursuant to this division. (m) “Local lead agency” means an agency designated as a local lead agency pursuant to Section 104400 of the Health and Safety Code. (n) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. (o) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the department by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. (p) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. (q) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. (r) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. (s) “Retail location” means both of the following: (1) Any building from which cigarettes or tobacco products are sold at retail. (2) A vending machine. (t) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. (u) “Tobacco product flavor enhancer” has the same meaning as that term is defined in Section 104559.5 of the Health and Safety Code. (v) “Tobacco products” means tobacco products as defined in subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. (w) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” (x) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. (Amended by Stats. 2025, Ch. 269, Sec. 2. (AB 573) Effective January 1, 2026.)
  37. 22971.1.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The Bureau of State Audits must conduct a performance audit and report its findings to the board and the Legislature by July 1, 2006.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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: (a) The actual costs of the program. (b) The level of additional revenue generated by the program compared to the period before its implementation. (c) Tax compliance rates. (d) The costs of enforcement at the varying levels. (e) The appropriateness of penalties assessed in this division. (f) The overall effectiveness of enforcement programs. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  38. 22971.2.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The board must administer and enforce this division and may make and enforce related rules and regulations.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  39. 22971.3.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    This section says the division does not override local tobacco control laws, except laws about collecting state taxes. It also allows local licensing laws to suspend or revoke a local license for violations of state tobacco control law.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  40. 22971.4.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    A person is not subject to this division’s requirements if the person is exempt from regulation under the U.S. Constitution, federal law, or the California Constitution.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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. (Added by Stats. 2004, Ch. 822, Sec. 1. Effective September 27, 2004.)
  41. 22971.5.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Notices required by this division may be served personally or by mail, and service is complete when the notice is deposited for mailing or delivered personally.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 1. General Provisions and Definitions [22970 - 22971.5] ( Chapter 1 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 complete at the time of deposit of the notice in the United States Post Office, or a mailbox, subpost office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. In lieu of mailing, a notice may be served personally by delivering to the person to be served and service shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaints in a civil action. (Added by Stats. 2010, Ch. 607, Sec. 2. (AB 2733) Effective January 1, 2011.)
  42. 22971.7.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    This section defines “tobacco product” for this chapter to include a product or device defined elsewhere, with stated exceptions.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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) of Section 22974.3. (c) This section shall be operative on January 1, 2017. (Amended by Stats. 2025, Ch. 269, Sec. 3. (AB 573) Effective January 1, 2026.)
  43. 22972.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Retailers of cigarettes or tobacco products must have and maintain a license, display it publicly, renew it annually, and keep separate licenses for multiple locations; licenses cannot be transferred and must be surrendered in certain cases.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 single application for those licenses. (b) The retailer shall conspicuously display the license at each retail location in a manner visible to the public. (c) A license is not assignable or transferable. A person who obtains a license as a retailer who ceases to do business as specified in the license, or who never commenced business, or whose license is suspended or revoked, shall immediately surrender the license to the board. (d) A license shall be valid for a 12-month period, and shall be renewed annually. A retailer that adds an additional retail location shall renew the license for that location based on a 12-month period beginning in the month the retailer obtained its license for its first retail location. (Amended by Stats. 2016, Ch. 699, Sec. 1. (AB 2770) Effective January 1, 2017.)
  44. 22972.1.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The board may issue a temporary license to a retailer, and the license must expire on or before September 30, 2004.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 automatically terminated upon the board’s issuance of a license pursuant to Section 22973.1. (c) A temporary license issued pursuant to this section is subject to the same suspension, revocation, and forfeiture provisions that apply to licenses issued by the board pursuant to Section 22973.1. (Added by Stats. 2004, Ch. 82, Sec. 2. Effective June 30, 2004.)
  45. 22973.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Retailers applying for or renewing a tobacco retailer license must use the department’s form, include required information, and pay the applicable per-location fee.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 number of each retail location. For applicants who control more than one retail location, an address for receipt of correspondence or notices from the department, 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 department 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 department 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 they know 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 department may require. (b) The department may investigate to determine the truthfulness and completeness of the information provided in the application. The department may issue a retailer 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 department shall provide electronic means for applicants to download and submit applications. (d) (1) Each application for a retailer license filed on or after June 9, 2016, and before July 1, 2026, shall be accompanied with a fee of two hundred sixty-five dollars ($265) per retail location. 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 an application license fee of two hundred sixty-five dollars ($265) per location. The fee shall be for the period provided in subdivision (d) of Section 22972 and shall not be prorated. (2) Each application for a retailer license filed on or after July 1, 2026, shall be accompanied with a fee of four hundred fifty dollars ($450) per retail location and shall not be prorated. (e) Every retailer shall file an application for renewal of the retailer license in the form and manner prescribed by the department and shall be accompanied with the applicable fee, as follows: (1) Each application for renewal of the retailer license filed on or after January 1, 2017, and before July 1, 2026, shall be accompanied with a fee of two hundred sixty-five dollars ($265) per retail location. (2) Each application for renewal of the retailer license filed on or after July 1, 2026, shall be accompanied with a fee of four hundred fifty dollars ($450) per retail location. (f) The department may, by regulation, adjust the license application fee amount set forth in paragraph (2) of subdivision (d) and the renewal license fee amount set forth in paragraph (2) of subdivision (e) to an amount not to exceed six hundred dollars ($600) per retail location to maintain the Cigarette and Tobacco Products Compliance Fund at a level that is no more than necessary to cover the reasonable costs of the department to administer this division. (Amended by Stats. 2025, Ch. 269, Sec. 4. (AB 573) Effective January 1, 2026.)
  46. 22973.1.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The board must issue a retailer license when a completed application and required fees are received, unless one of several disqualifying conditions applies. A denied retailer may seek redetermination within 30 days, and the board must reconsider timely petitions and give at least 10 days’ notice for any requested oral hearing.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 previously been issued a license that is suspended or revoked by the board for violation of any of the provisions of this division. (2) The application is for a license or renewal of a license for a retail location that is the same retail location as that of a retailer whose license was revoked or is subject to revocation proceedings for violation of any of the provisions of this division, unless: (A) It has been more than five years since a previous license for the retail location was revoked. (B) The person applying for the license provides the board with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm’s length transaction. For purposes of this section, an “arm’s length transaction” is defined as a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this division that occurred at the retail location, is presumed not to be made at “arm’s length.” (3) The retailer, or if the retailer is not an individual, any person controlling the retailer, has been convicted of a felony pursuant to Section 30473 or 30480 of the Revenue and Taxation Code. (4) The retailer does not possess all required permits or licenses required under the Revenue and Taxation Code. (b) (1) Any retailer who is denied a license may petition for a redetermination of the board’s denial of the license within 30 days after service upon that retailer of the notice of the denial of the license. If a petition for redetermination is not filed within the 30-day period, the determination of denial becomes final at the expiration of the 30-day period. (2) Every petition for redetermination shall be in writing and shall state the specific grounds upon which the petition is founded. The petition may be amended to state additional grounds at anytime prior to the date on which the board issues its order or decision upon the petition for redetermination. (3) If the petition for redetermination is filed within the 30-day period, the board shall reconsider the determination of the denial and, if the retailer has so requested in the petition, shall grant the retailer an oral hearing and shall give the retailer at least 10 days’ notice of the time and place of the hearing. The board may continue the hearing from time to time as may be necessary. (4) The order or decision of the board upon a petition for redetermination becomes final 30 days after mailing of notice thereof. (Amended by Stats. 2010, Ch. 607, Sec. 3. (AB 2733) Effective January 1, 2011.)
  47. 22973.2.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    On request, the department must give certain public and enforcement agencies access to its retailer-license database, and those agencies may use it only to enforce tobacco control laws and must follow privacy-related laws, policies, and regulations.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 department’s database of licenses issued to retailers within the jurisdiction of that agency, local lead agency, or law enforcement agency. The agencies authorized by this section to access the department’s database shall access and use the department’s database only for purposes of enforcing tobacco control laws and shall adhere to all state laws, policies, and regulations pertaining to the protection of personal information and individual privacy. (Amended by Stats. 2021, Ch. 432, Sec. 2. (SB 824) Effective January 1, 2022.)
  48. 22973.3.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Applicants for a tobacco retailer license must file the application in the department’s required form, include specified information, and pay the applicable fee. The department may investigate applications, may waive further investigation in one circumstance, and may adjust certain fees by regulation up to a stated cap.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code 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 number of each retail location. For applicants who control more than one retail location, an address for receipt of correspondence or notices from the department, 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 department 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 department 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 they know to be false is guilty of a misdemeanor punishable by imprisonment of up to one year in a 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 department may require. (b) The department may investigate to determine the truthfulness and completeness of the information provided in the application. The department may issue a retailer 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 department shall provide electronic means for applicants to download and submit applications. (d) (1) Each application for a retailer license filed on or after January 1, 2017, and before July 1, 2026, shall be accompanied with a fee of two hundred sixty-five dollars ($265) per retail location. An applicant that owns or controls more than one retail location shall obtain a separate license and shall pay a separate fee for each retail location, but may submit a single application for those retailer licenses with an application license fee of two hundred sixty-five dollars ($265) per retail location. The fee per retail location shall be for the period provided in subdivision (d) of Section 22972 and shall not be prorated. (2) Each application for a retailer license filed on or after July 1, 2026, shall be accompanied with a fee of four hundred fifty dollars ($450) per retail location and shall not be prorated. (e) (1) Every retailer shall file an application for renewal of the retailer license in the form and manner prescribed by the department and shall be accompanied with the applicable fee, as follows: (2) Each application for renewal of the retailer license filed on or after January 1, 2017, and before July 1, 2026, shall be accompanied with a fee of two hundred sixty-five dollars ($265) per retail location. (3) Each application for renewal of the retailer license filed on or after July 1, 2026, shall be accompanied with a fee of four hundred fifty dollars ($450) per retail location. (f) The department may, by regulation, adjust the application license fee amount set forth in paragraph (2) of subdivision (d) and the renewal license fee amount set forth in paragraph (3) of subdivision (e) to an amount not to exceed six hundred dollars ($600) per retail location to maintain the Cigarette and Tobacco Products Compliance Fund at a level that is no more than necessary to cover the reasonable costs of the department to administer this division. (g) (1) The department shall report back to the Legislature no later than January 1, 2019, regarding the adequacy of funding for the Cigarette and Tobacco Products Licensing Act of 2003 with regard to tobacco products for which a license is required by this section. The report shall include data and recommendations about whether the annual licensing fee funding levels are set at an appropriate level to maintain an effective enforcement program. (2) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (h) (1) This section applies to a retailer who sells a tobacco product, as defined in subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, and who does not already possess a valid retailer license to sell cigarettes or tobacco products issued pursuant to Section 22972. (2) A retailer that possesses a valid retailer license to sell cigarettes and tobacco products issued pursuant to Section 22972 may also sell under that license a tobacco product, as defined in subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 2025, Ch. 269, Sec. 5. (AB 573) Effective January 1, 2026.)
  49. 22973.4.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The Legislative Analyst must submit tobacco retailer enforcement reports by December 1, 2027 and December 1, 2029, and specified state health and tax agencies must help prepare them.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 licensing laws. The California Department of Tax and Fee Administration and the State Department of Public Health, including the Office of Youth Tobacco Enforcement, shall cooperate with the Legislative Analyst in the preparation and production of the report. To the extent information is available, the report shall include, but not be limited to: (1) Strategies and tools to bolster coordination and efficiency between state and federal agencies and local authorities regarding enforcement of all tobacco laws and to ensure state compliance with the federal Synar regulations requiring no more than a 20 percent retailer violation rate for tobacco sales to youth and young adults under 21 years of age. (2) Data and recommendations about whether the annual licensing fees are set at appropriate levels to maintain an effective licensing program and an adequate rate of inspection of retailers and attain a reasonable reduction in the availability of flavored tobacco products and tobacco product flavor enhancers. (3) Costs for transport, storage, and disposal of hazardous waste, universal waste, and other waste arising from seizures of tobacco products. (4) An evaluation of whether prior violations of analogous federal and local laws regarding the sale of tobacco products to minors should be considered when considering escalating penalties for violations of state laws regarding the sale of tobacco products to minors. (5) Data and recommendations about the enforcement of youth access and flavor restriction laws performed by the Office of Youth Tobacco Enforcement, including whether funding is at appropriate levels to maintain an adequate rate of inspection of retailers and to attain a reasonable reduction in the availability of flavored tobacco products. (b) To prepare the reports required by this section, the Legislative Analyst may request information from any state or local agency involved in enforcement of laws regulating cigarette and tobacco products retailers. (c) The reports required by this section shall be submitted in compliance with Section 9795 of the Government Code and shall not include any personally identifiable information. (d) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on December 1, 2033, and is repealed on January 1, 2034. (Added by Stats. 2025, Ch. 269, Sec. 6. (AB 573) Effective January 1, 2026. Inoperative December 1, 2033, by its own provisions. Repealed as of January 1, 2034, by its own provisions.)
  50. 22974.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Retailers must keep cigarette and tobacco purchase invoices for four years, keep the records at the retail location for at least one year after purchase, and make the invoices available for inspection and copying on request during normal business hours.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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. Invoices shall be made available upon request during normal business hours for review inspection and copying by the board or by a law enforcement agency. Any retailer found in violation of these requirements or any person who fails, refuses, or neglects to retain or make available invoices for inspection and copying in accordance with this section shall be subject to penalties pursuant to Section 22981. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  51. 22974.2.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Authorities may seize covered flavored tobacco products, and the retailer can face a $50-per-package civil penalty, plus license suspension or revocation after repeated seizures.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 104559.5 of the Health and Safety Code, the department or the law enforcement agency may seize the flavored tobacco products or tobacco product flavor enhancers at the retail location or any other person’s location. (2) Any flavored tobacco products or tobacco product flavor enhancers seized by a law enforcement agency shall be delivered to the department, or its designee, within 30 days, unless the seized flavored tobacco products or tobacco product flavor enhancers shall be destroyed by that law enforcement agency, or unless the seized flavored tobacco products or tobacco product flavor enhancers are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any flavored tobacco products or tobacco product flavor enhancers seized by the department or delivered to the department by a law enforcement agency shall be deemed forfeited to the state and the department shall comply with procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. (b) (1) In addition to seizure and forfeiture of the flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall issue a civil penalty against the retailer equal to fifty dollars ($50) per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department by a law enforcement agency regardless of the authority used by the law enforcement agency to seize the flavored tobacco product or tobacco product flavor enhancer. The department shall issue the civil penalty in accordance with the procedures applicable to the civil penalty authorized under Section 22974.7. (2) In the case of a second seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall suspend the license of the retailer, in accordance with the procedures set forth in Section 22980.3. (3) In the case of a third seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall revoke the license of the retailer, in accordance with the procedures set forth in Section 22980.3. (4) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990. (5) For the purposes of paragraph (1), “package” means the individual packet, box, or other container of flavored tobacco products or tobacco product flavor enhancers that are normally sold or intended to be sold at retail. “Package” does not include containers that contain smaller packaging units of flavored tobacco products or tobacco product flavor enhancers, including, but not limited to, cartons, cases, bales, or boxes. (Added by Stats. 2024, Ch. 849, Sec. 2. (AB 3218) Effective January 1, 2025.)
  52. 22974.3.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Authorities may seize unstamped cigarettes or untaxed tobacco products, and certain possession or sale of unstamped cigarettes is a misdemeanor with fines, jail time, and possible license revocation.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 shall be authorized to seize unstamped packages of cigarettes at the retail, or any other person’s location. Any cigarettes seized by a law enforcement agency shall be delivered to the board, or its designee, within seven days, unless the cigarettes will be destroyed by that law enforcement agency, or unless the cigarettes are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any cigarettes seized by the board or delivered to the board by a law enforcement agency shall be deemed forfeited and the board shall comply with procedures set forth in Part 13 (commencing with Section 30436) of Division 2 of Chapter 7.5 of the Revenue and Taxation Code. In addition to the inventory of unstamped packages of cigarettes of a retailer or of any other person that is subject to forfeiture and seizure, the possession, storage, ownership, or retail sales of unstamped packages of cigarettes by a retailer or other person, as applicable, shall constitute a misdemeanor punishable by the following actions: (1) A first violation involving seizure of a total quantity of less than 20 packages of unstamped cigarettes shall be a misdemeanor punishable by a fine of one thousand dollars ($1,000) or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment. (2) A second violation within five years involving a seizure of a total quantity of less than 20 packages of unstamped cigarettes shall be a misdemeanor punishable by a fine of not less than two thousand dollars ($2,000) but not to exceed five thousand dollars ($5,000) or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment, and shall also result in the revocation of the license. (3) A first violation involving seizure of a total quantity of 20 packages of unstamped cigarettes or more shall be a misdemeanor punishable by a fine of two thousand dollars ($2,000) or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment. (4) A second violation within five years involving seizure of a quantity of 20 packages of unstamped cigarettes or more shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) but not to exceed fifty thousand dollars ($50,000) or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment, and shall also result in the revocation of the license. (b) 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 tobacco products on which tax is due but has not been paid to the board, the board or law enforcement agency is authorized to seize such tobacco products at the retail, or any other person’s location. Any tobacco products seized by a law enforcement agency shall be delivered to the board, or its designee, within seven days, unless otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any tobacco products seized by the board or delivered to the board by a law enforcement agency shall be deemed forfeited and the board shall comply with procedures set forth in Part 13 (commencing with Section 30436) of Division 2 of Chapter 7.5 of the Revenue and Taxation Code. It shall be presumed that tax has not been paid to the board on all tobacco products in the possession of a retailer or of any other person until the contrary is established by a proof of payment to the board or by a purchase invoice that shows that the retailer or other person, as applicable, paid the tax included purchase price to a licensed distributor, wholesaler, manufacturer, or importer as described in Section 22978.4. The burden of proof that tax has been paid on tobacco products shall be upon the retailer or the other person, as applicable, in possession thereof. Possession of untaxed tobacco products on which tax is due but has not been paid as required is a violation of this division and subjects the retailer or other person, as applicable, to the actions described in Section 22981. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  53. 22974.4.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The board must revoke a retailer’s license, and the same applies to a person controlling the retailer, if the person has the specified felony conviction or has had a permit or license revoked under the Revenue and Taxation Code.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 Section 30473 or 30480 of the Revenue and Taxation Code. (b) Had any permit or license revoked under any provision of the Revenue and Taxation Code. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  54. 22974.5.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

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    A retailer that fails to display a required license is liable for a $500 penalty.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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). (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  55. 22974.7.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    If a retailer violates this division, the board may revoke or suspend the retailer’s license; for a second or later offense, it may also impose a civil penalty.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 of the retailer pursuant to the procedures applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code. (b) In the case of a second or any subsequent offense, in addition to the action authorized under subdivision (a), the board may impose a civil penalty in an amount not to exceed the greater of either of the following: (1) Five times the retail value of the seized cigarettes or tobacco products. (2) Five thousand dollars ($5,000). (Amended by Stats. 2004, Ch. 82, Sec. 3. Effective June 30, 2004.)
  56. 22974.8.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    The board must suspend or revoke a retailer’s license when it receives the specified health department notice, but it must first give at least 10 days’ written notice and a chance to appeal limited to correcting a mistake or clerical error.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products [22971.7 - 22974.8] ( Chapter 2 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 the Health and Safety Code. (b) Notwithstanding any other provision regarding the suspension or revocation of a license pursuant to this part, the board shall provide a licensee no fewer than 10 days’ written notice of a pending suspension or revocation pursuant to this section and an opportunity to appeal the suspension or revocation and the civil penalty assessed pursuant to the provisions described in subdivision (a) only to correct a mistake or clerical error. The board shall not accept or consider an appeal of suspension or revocation under this section if the appeal is founded upon the grounds of whether the retailer, or any employee or agent of the retailer, violated the STAKE Act (Division 8.5 (commencing with Section 22950)) or Section 104559.5 of the Health and Safety Code for which violation civil penalties are imposed by the State Department of Public Health pursuant to subdivision (a) of Section 22958, or pursuant to subdivision (f) of Section 104559.5 of the Health and Safety Code. This section shall not be construed to prevent the board from modifying its action on its own to correct a mistake or clerical error. (Amended by Stats. 2023, Ch. 351, Sec. 1. (AB 935) Effective January 1, 2024.)
  57. 22975.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Distributors and wholesalers must get and keep a yearly license to sell cigarettes or tobacco products, and must surrender it immediately if they stop business, never start business, or the license is suspended or revoked.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 cigarettes or tobacco products. (b) Licenses shall be valid for a calendar year period upon payment of the fee prescribed in Section 22977.1, unless surrendered, suspended, or revoked prior to the end of the calendar year, and may be renewed each year upon payment of such fee. (c) A license is not assignable or transferable. A person who obtains a license as a distributor or as a wholesaler who ceases to do business as specified in the license, or who never commenced business, or whose license is suspended or revoked, shall immediately surrender the license to the board. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  58. 22976.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    A distributor or wholesaler with a valid qualifying license at application time may receive a license without further investigation.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  59. 22977.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

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    License applicants must use the board’s form and provide specified identifying, location, compliance, and signature information.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 will be sold. For applicants who control more than one location, an address for receipt of correspondence or notices from the board, such as a headquarters or corporate office, shall also be included in 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 numbers for such 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) 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. (c) The board shall provide electronic means for applicants to download and submit applications. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  60. 22977.1.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Distributors and wholesalers must file license applications and renewals with the board, and pay the required per-location fee.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 accompanied by a fee of one thousand dollars ($1,000) for each location. The fee shall be for a calendar year and may not be prorated. Subject to meeting the requirements of this section and Section 22977.2, the board shall issue a license. (b) Every distributor and every wholesaler who commences business after the last day of May 2004, or who commences selling or distributing cigarettes or tobacco products at a new or different place of business in this state after the last day of May 2004, shall file with the board an application as prescribed in Section 22977 at least 30 days prior to commencing such business or commencing such sales or distributions; and all distributors and all wholesalers that fail to timely file an application for a license under subdivision (a) shall file with the board an application as prescribed in Section 22977. Each application shall be accompanied by a fee of one thousand two hundred dollars ($1,200) for each location. The fee shall be for a calendar year and may not be prorated. Subject to Section 22977.2, the board, within 30 days after receipt of an application and payment of the proper fee, shall issue a license. (c) For calendar years beginning on and after January 1, 2005, and before January 1, 2017, every distributor and every wholesaler shall file an application for renewal of the license prescribed in Section 22977, accompanied with a fee of one thousand dollars ($1,000) for each location where cigarettes and tobacco products are sold, in the form and manner as prescribed by the board. For calendar years beginning on and after January 1, 2017, the fee accompanying an application for renewal of the license prescribed in Section 22977 shall be one thousand two hundred dollars ($1,200) for each location where cigarettes and tobacco products are sold. (Amended by Stats. 2017, Ch. 561, Sec. 12. (AB 1516) Effective January 1, 2018.)
  61. 22977.2.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    The board must issue a license to a distributor or wholesaler when a completed application and required fee are received, unless disqualifying conditions apply. A denied applicant may seek redetermination within 30 days, and the board must reconsider and may hold an oral hearing if requested.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 22977.1, unless any of the following apply: (1) The distributor or the wholesaler, or if the distributor or the wholesaler is not an individual, any person controlling the distributor or the wholesaler, has previously been issued a license that is suspended or revoked by the board for violation of any of the provisions of this division. (2) The application is for a license or renewal of a license for a distributor or a wholesaler, whose license is revoked or revocation is pending, unless: (A) It has been more than five years since a distributor’s or a wholesaler’s previous license was revoked. (B) The person applying for the license provides the board with documentation demonstrating that the applicant has acquired or is acquiring the business in an arm’s length transaction. For purposes of this section, an “arm’s length transaction” is defined as a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale of the business between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of state tobacco control laws that were committed by the distributor or wholesaler is presumed not to be made at “arm’s length.” (3) The distributor or the wholesaler, or if the distributor or the wholesaler is not an individual, any person controlling the distributor or the wholesaler has been convicted of a felony pursuant to Section 30473 or 30480 of the Revenue and Taxation Code. (b) (1) Any distributor or any wholesaler who is denied a license may petition for a redetermination of the board’s denial of the license within 30 days after service upon that distributor or that wholesaler of the notice of the denial of the license. If a petition for redetermination is not filed within the 30-day period, the determination of denial becomes final at the expiration of the 30-day period. (2) Every petition for redetermination shall be in writing and shall state the specific grounds upon which the petition is founded. The petition may be amended to state additional grounds at anytime prior to the date on which the board issues its order or decision upon the petition for redetermination. (3) If the petition for redetermination is filed within the 30-day period, the board shall reconsider the determination of the denial and, if the distributor or the wholesaler has so requested in the petition, shall grant the distributor or wholesaler an oral hearing and shall give the distributor or the wholesaler at least 10 days’ notice of the time and place of the hearing. The board may continue the hearing from time to time as may be necessary. (4) The order or decision of the board upon a petition for redetermination becomes final 30 days after mailing of notice thereof. (Amended by Stats. 2010, Ch. 607, Sec. 4. (AB 2733) Effective January 1, 2011.)
  62. 22978.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

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    On request, the department must give specified public agencies access to its distributor and wholesaler license database, and those agencies may use it only to enforce tobacco control laws and must follow privacy-related state requirements.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 lead agency, and any agency authorized to enforce or administer state or local tobacco control laws, access to the department’s database of licenses issued to distributors and wholesalers for locations within the jurisdiction of that agency, local lead agency, or law enforcement agency. The agencies authorized by this section to access the department’s database shall access and use the department’s database only for purposes of enforcing tobacco control laws and shall adhere to all state laws, policies, and regulations pertaining to the protection of personal information and individual privacy. (Amended by Stats. 2021, Ch. 432, Sec. 3. (SB 824) Effective January 1, 2022.)
  63. 22978.1.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Distributors and wholesalers must keep certain cigarette or tobacco purchase records, keep them for one year at the licensed premises, then make them available for inspection for four more years.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 products purchased. The records shall be maintained for a period of one year from the date of purchase on the distributor’s or the wholesaler’s premises identified in the license, and thereafter, the records shall be made available for inspection by the board or a law enforcement agency for a period of four years. Any distributor or any wholesaler found in violation of these requirements, or any person who fails, refuses, or neglects to retain or make available invoices for inspection and copying in accordance with this section shall be subject to penalties pursuant to Section 22981. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  64. 22978.2.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

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    The board or law enforcement may seize certain unstamped or unpaid-tax tobacco products from distributors or wholesalers, and law enforcement must deliver seized cigarettes to the board within seven days unless evidence or an investigation requires otherwise.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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, or has made a sale of an unstamped package of cigarettes bearing a counterfeit California state tax stamp or that a wholesaler possesses, stores, owns, or has made a sale of an unstamped package of cigarettes, the board or the law enforcement agency shall be authorized to seize the unstamped packages of cigarettes at the distributor’s or the wholesaler’s location. Any cigarettes seized by a law enforcement agency shall be delivered to the board, or its designee, within seven days, unless otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement investigation. Any cigarettes seized by the board or delivered to the board by a law enforcement agency shall be deemed forfeited and the board shall comply with procedures set forth in Part 13 (commencing with Section 30436) of Division 2 of Chapter 7.5 of the Revenue and Taxation Code. In addition to the distributor’s or wholesaler’s inventory of unstamped packages of cigarettes being subject to seizure and forfeiture, the possession, storage, ownership or sale by a distributor or wholesaler of the unstamped package of cigarettes in the manner described above, shall constitute a misdemeanor punishable by the following actions: (1) A first violation involving seizure of a total quantity of less than 20 unstamped packages of cigarettes shall be a misdemeanor punishable by a fine of one thousand dollars ($1,000) or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment. (2) A second violation within five years involving seizure of a total quantity of less than 20 unstamped packages of cigarettes shall be a misdemeanor punishable by a fine of not less than two thousand dollars ($2,000) but not to exceed five thousand dollars ($5,000) or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment, and shall also result in the revocation of the license. (3) A first violation involving seizure of a total quantity of 20 unstamped packages of cigarettes or more shall be a misdemeanor punishable by a fine of two thousand dollars ($2,000) or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment. (4) A second violation within five years involving seizure of a total quantity of 20 unstamped packages of cigarettes or more shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) but not to exceed fifty thousand dollars ($50,000) or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment, and shall also result in the revocation of the license. (b) Upon discovery by the board or a law enforcement agency that a distributor or a wholesaler possesses, stores, owns, or has made a sale of tobacco products on which tax is due but has not been paid to the board, or its designee, the board or law enforcement agency is authorized to seize such tobacco products at the distributor or wholesaler location. Any tobacco products seized by a law enforcement agency shall be delivered to the board within seven days, unless otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any tobacco products seized by the board or delivered to the board by a law enforcement agency shall be deemed forfeited and the board shall comply with procedures set forth in Part 13 (commencing with Section 30436) of Division 2 of Chapter 7.5 of the Revenue and Taxation Code. It shall be presumed that tax has not been paid to the board on all tobacco products in the possession of a distributor or a wholesaler until the contrary is established by the distributor’s proof of payment to the board or by a purchase invoice that shows that the wholesaler paid the tax included purchase price to a licensed distributor, wholesaler, manufacturer, or importer as described in Section 22978.4. The burden of proof that tax has been paid on tobacco products shall be upon the distributor or wholesaler in possession thereof. Possession by a distributor or a wholesaler of tobacco products on which tax is due but has not been paid as required is a violation of this division and subjects the distributor or wholesaler to the actions described in Section 22981. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  65. 22978.3.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Officials may seize certain flavored tobacco products from a wholesaler, and the law sets delivery, forfeiture, penalty, and license-consequence rules.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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, or owns flavored tobacco products or tobacco product flavor enhancers, or has made a sale of flavored tobacco products or tobacco product flavor enhancers in violation of Section 104559.1 of the Health and Safety Code, the department or the law enforcement agency may seize the flavored tobacco products or tobacco product flavor enhancers possessed, stored, owned, or sold by the wholesaler. (2) Any flavored tobacco products or tobacco product flavor enhancers seized by a law enforcement agency shall be delivered to the department, or its designee, within 30 days, unless the seized flavored tobacco products or tobacco product flavor enhancers will be destroyed by that law enforcement agency, or unless the seized flavored tobacco products or tobacco product flavor enhancers are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any flavored tobacco products or tobacco product flavor enhancers seized by the department or delivered to the department by a law enforcement agency shall be deemed forfeited to the state and the department shall comply with procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. (b) (1) In addition to seizure and forfeiture of the flavored tobacco products or tobacco product flavor enhancers described in subdivision (a), the department shall impose a civil penalty upon the wholesaler equal to fifty dollars ($50) per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department by a law enforcement agency regardless of the authority used by the law enforcement agency to seize the flavored tobacco product or tobacco product flavor enhancer. The department shall impose the civil penalty in accordance with the procedures applicable to the civil penalty authorized in Section 22978.7. (2) In the case of a second seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers made pursuant to subdivision (a), the department shall suspend the license of the wholesaler in accordance with the procedures set forth in Section 22980.3. (3) In the case of a third seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers made pursuant to subdivision (a), the department shall revoke the license of the wholesaler in accordance with the procedures set forth in Section 22980.3. (4) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990. (5) For purposes of paragraph (1), “package” means the individual packet, box, or other container of flavored tobacco products or tobacco product flavor enhancers that are normally sold or intended to be sold at retail. “Package” does not include containers that contain smaller packaging units of flavored tobacco products or tobacco product flavor enhancers, including, but not limited to, cartons, cases, bales, or boxes. (c) Upon discovery by the department that a distributor, wholesaler, or other person has made a sale in violation of Section 104559.1 of the Health and Safety Code, and, for wholesalers, if neither the department nor a law enforcement agency seized flavored tobacco products or tobacco product flavor enhancers from the wholesaler pursuant to subdivision (a), all of the following shall apply: (1) Upon a first offense, the department shall issue a warning notice to the distributor, wholesaler, or other person. (2) Upon a second offense, the department shall suspend the license of the distributor, wholesaler, or person in accordance with the procedures set forth in Section 22980.3. (3) Upon a third offense, the department shall revoke the license of the distributor, wholesaler, or other person in accordance with the procedures set forth in Section 22980.3. (d) The appeals procedures applicable to Section 22978.7 shall apply to the warning notice, suspension, and revocation actions taken by the department pursuant to this section. (Amended by Stats. 2025, Ch. 269, Sec. 8. (AB 573) Effective January 1, 2026.)
  66. 22978.4.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Distributors and wholesalers selling cigarettes or tobacco products must put specified information on each invoice, and the invoice must be legible and readable.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 cigarettes or tobacco products: (1) The name, address, and telephone number of the distributor or wholesaler. (2) The license number of the distributor or the wholesaler as provided by the board. (3) The amount of excise taxes due to the board by the distributor on the sale of cigarettes and tobacco products. (4) The name, address, and license number of the retailer, distributor, or wholesaler to whom cigarettes or tobacco products are sold. (5) An itemized listing of the cigarettes or tobacco products sold. (6) The date the cigarette or tobacco products are sold. (7) Notwithstanding paragraph (3), a distributor that is also a retailer or manufacturer shall include either one of the following on each invoice for the sale of cigarettes or tobacco products: (A) A statement that reads: “All California cigarette and tobacco product taxes are included in the total amount of this invoice.” (B) The amount of excise taxes due to the board by the distributor on the distribution of cigarettes and tobacco products. (b) Each invoice for the sale of cigarettes or tobacco products shall be legible and readable. (c) Failure to comply with the requirements of this section shall be a misdemeanor subject to penalties pursuant to Section 22981. (Amended by Stats. 2005, Ch. 512, Sec. 1. Effective January 1, 2006.)
  67. 22978.5.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Distributors and wholesalers of licensed cigarette and tobacco products must keep accurate sales records and show them to the board or law enforcement on request.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 relating to the sale of those products, including, but not limited to, receipts, invoices, and other records as may be required by the board, during the past four years with invoices for the past year to be maintained on the premises for which the license was issued, and shall make these records available upon request by a the board or a law enforcement agency. (b) Failure of a distributor or a wholesaler to comply with this section shall be a misdemeanor subject to penalties pursuant to Section 22981. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  68. 22978.6.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    The board must revoke the license of certain distributors, wholesalers, or controlling persons if they were convicted of specified felonies or had a permit or license revoked under the Revenue and Taxation Code.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 Taxation Code, of any distributor or any wholesaler or any person controlling any distributor or any wholesaler that has: (a) Been convicted of a felony pursuant to Section 30473 or 30480 of the Revenue and Taxation Code. (b) Had any permit or license revoked under any provision of the Revenue and Taxation Code. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  69. 22978.7.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    If a distributor or wholesaler violates this division, the board may suspend or revoke the license; for a second or later offense, it may also impose a civil penalty.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 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 of the distributor or the wholesaler pursuant to the procedures applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code. (b) In the case of a second or any subsequent offense, in addition to the action authorized under subdivision (a), the board may impose a civil penalty in an amount not to exceed the greater of either of the following: (1) Five times the retail value of the seized cigarettes or tobacco products. (2) Five thousand dollars ($5,000). (Amended by Stats. 2005, Ch. 512, Sec. 2. Effective January 1, 2006.)
  70. 22978.8.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    The board must put on its website the name of any wholesaler or distributor whose license has been suspended or revoked.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 3. License for Wholesalers and Distributors of Cigarettes and Tobacco Products [22975 - 22978.8] ( Chapter 3 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 22978.8. The board shall include on its Web site the name of any wholesaler or distributor whose license has been suspended or revoked. (Added by Stats. 2004, Ch. 82, Sec. 4. Effective June 30, 2004.)
  71. 22979.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Manufacturers and importers must get and keep a license to sell cigarettes, meet listing and certification requirements, and follow bond or sovereign-immunity waiver rules.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 maintaining a license under this division, a manufacturer or importer shall do all of the following in the manner specified by the board: (1) Submit to the board a list of all brand families that they manufacture or import. (2) Update the list of all brand families that they manufacture or import whenever a new or additional brand is manufactured or imported, or a listed brand is no longer manufactured or imported. (3) Consent to jurisdiction of the California courts for the purpose of enforcement of this division, Sections 104555 to 104557, inclusive, of the Health and Safety Code, Section 30165.1 of the Revenue and Taxation Code, and regulations adopted pursuant thereto, and appoint a registered agent for service of process in this state and identify the registered agent to the board and the Attorney General. (4) Waive any sovereign immunity defense that may apply to any enforcement action brought by the Attorney General or the board to enforce this division, Sections 104555 to 104557, inclusive, of the Health and Safety Code, or Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, and regulations adopted thereto. Any waiver shall be express and in writing, in a form and manner acceptable to the Attorney General. In lieu of this waiver, a manufacturer or importer may file with the Attorney General a surety bond in a form and manner directed by the Attorney General, written in favor of the State of California and conditioned on the performance by the manufacturer or importer of all its duties and obligations under this division, Sections 104555 to 104557, inclusive, of the Health and Safety Code, Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, and regulations adopted thereto. The bond shall be posted by a corporate surety located within the United States in an amount equal to the greater of fifty thousand dollars ($50,000) or the amount of escrow the manufacturer or importer in either its current or predecessor form was required to deposit as a result of the largest of its most recent five calendar years’ sales in California. The bond may be drawn upon by the Attorney General to cover unsatisfied escrow obligations, tax obligations, claims for penalties, claims for monetary damages, and any other liabilities that are subject to the licensee’s claim of sovereign immunity against enforcement of the laws specified above. In the event a nonparticipating manufacturer is required to post a surety bond under this paragraph, the amount of the bond shall be reduced by the amount of any surety bond that is in force and required of that nonparticipating manufacturer under paragraph (5) of subdivision (c) of Section 30165.1 of the Revenue and Taxation Code. A manufacturer or importer that has neither waived any sovereign immunity defense nor posted a surety bond as provided in this section shall not be eligible to obtain and maintain a license under this division. (b) In order to be eligible for obtaining and maintaining a license under this division, a manufacturer or importer that is a “tobacco product manufacturer” in subdivision (i) of Section 104556 of the Health and Safety Code, shall do all of the following in the manner specified by the board: (1) Certify to the board that it is a “participating manufacturer” as defined in subsection II(jj) of the “Master Settlement Agreement” (MSA), or is in full compliance with paragraph (2) of subdivision (a) of Section 104557 of the Health and Safety Code, Section 30165.1 of the Revenue and Taxation Code, and regulations adopted pursuant thereto. Any person who makes a certification 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. (2) Submit to the board a list of all brand families that fit under the category applicable to the manufacturer or importer, in accordance with the following: (A) Brand families that are to be counted, in the unit volume and market shares determined pursuant to subsections II(z) and II(mm) of the MSA and Exhibit E thereto, in calculating the manufacturer’s annual payments under the MSA. (B) Brand families that are to be counted in calculating the manufacturer’s escrow deposits under paragraph (2) of subdivision (a) of Section 104557 of the Health and Safety Code. (C) The manufacturer or importer shall update the list whenever a new or additional brand is manufactured or imported or a listed brand is no longer manufactured or imported. (c) The board may not grant or permit the maintenance of a license to any manufacturer or an importer of cigarettes that does not affirmatively certify, both at the time the license is granted and annually thereafter, compliance with paragraph (4) of subdivision (a), that all packages of cigarettes manufactured or imported by that person and distributed in California fully comply with subdivision (b) of Section 30163 of the Revenue and Taxation Code, and that the cigarettes contained in those packages are the subject of filed reports that fully comply with all requirements of the federal Cigarette Labeling and Advertising Act (15 U.S.C. Sec. 1331 et seq.) for the reporting of ingredients added to cigarettes. For purposes of the federal Cigarette Labeling and Advertising Act requirement, cigars weighing three pounds or less per 1,000 are excluded from the definition of cigarette. (d) A license issued to a manufacturer or an importer under this division is only valid with respect to the manufacturer or importer designated on the license and may not be transferred or assigned to another manufacturer or importer. (e) Any manufacturer or importer that is issued a license under this division that does not commence business in the manner specified or designated in the license, ceases to do business in the manner specified or designated in the license, or is notified that the license is suspended or revoked, shall immediately surrender that license to the board. (f) (1) Any manufacturer or any importer who is denied a license may petition for a redetermination of the board’s denial of the license within 30 days after service upon that manufacturer or that importer of the notice of the denial of the license. If a petition for redetermination is not filed within the 30-day period, the determination of denial becomes final at the expiration of the 30-day period. (2) Every petition for redetermination shall be in writing and shall state the specific grounds upon which the petition is founded. The petition may be amended to state additional grounds at anytime prior to the date on which the board issues its order or decision upon the petition for redetermination. (3) If the petition for redetermination is filed within the 30-day period, the board shall reconsider the determination of the denial and, if the manufacturer or the importer has so requested in the petition, shall grant an oral hearing and shall give the manufacturer or the importer at least 10 days’ notice of the time and place of the hearing. The board may continue the hearing from time to time as may be necessary. (4) The order or decision of the board upon a petition for redetermination becomes final 30 days after mailing of notice thereof. (g) In any action brought by the Attorney General or the board to enforce this division, Sections 104555 to 104557, inclusive, of the Health and Safety Code, Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, or regulations adopted thereto, including, but not limited to, an action to suspend or revoke a license issued under this section, if the licensee raises a sovereign immunity defense with respect to an aspect of that proceeding, the license in question shall be subject to revocation. In the event of a revocation under this subdivision, the person whose license has been revoked shall not be eligible for a license under this section in the future, unless that person agrees to waive any sovereign immunity defense that may apply to an enforcement action brought by the Attorney General or the board to enforce this division, Sections 104555 to 104557, inclusive, of the Health and Safety Code, Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, or regulations adopted thereto. The Attorney General shall inform the board in the event a sovereign immunity defense is raised by a licenseholder. (Amended by Stats. 2010, Ch. 607, Sec. 5.5. (AB 2733) Effective January 1, 2011.)
  72. 22979.1.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Manufacturers and importers applying for a license must use the board’s form and include specified information; the board may investigate compliance and must offer electronic application submission.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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, address, and telephone number of the applicant. The business name, address, and telephone number of the corporate offices. Citations issued to licensees shall be forwarded to all addressees on the license. (2) License number for any other valid licenses or permits issued by the board. (3) Signature of the applicant under oath to verify application information. (4) The name, address, and telephone number of the person designated by the manufacturer or the importer as its agent for receipt of service of process in this state. (5) Any other information the board may require. (b) The board may conduct an inquiry to determine whether the applicant complies with the provisions of this division. (c) The board shall provide electronic means for applicants to download and submit applications. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  73. 22979.2.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Manufacturers and importers must pay an administration fee to the board, and the board must notify them of the amount due.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 shall be one cent ($0.01) per package of cigarettes (1) manufactured or imported by the manufacturer or the importer and (2) shipped into this state during the 2001 calendar year as reported to the board. The board shall notify each manufacturer and each importer of the amount due under this section. (b) This section shall apply to every manufacturer and every importer required to be licensed pursuant to Section 22979. All manufacturers and all importers that may become eligible for licensure on or after December 1, 2003, shall be notified by the board of the appropriate fee due and shall pay that fee within 90 days of notification. (c) All manufacturers and all importers that begin operations in the state after enactment of this division shall be charged a fee commensurate with their respective market share of (1) cigarettes manufactured or imported by the manufacturer or the importer and (2) sold in this state during the next calendar year as estimated by the board. The fee shall be at an amount not less than that paid pursuant to subdivision (a) by the smallest manufacturer, but may not be more than that paid by the eighth largest manufacturer. (d) The board shall administer this fee in accordance with the Fee Collection Procedures Law, Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 2005, Ch. 512, Sec. 3. Effective January 1, 2006.)
  74. 22979.21.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Manufacturers and importers of tobacco products must obtain and keep a license to sell tobacco products, and must meet board-specified filing and registration requirements to be eligible for that license.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 to be eligible for obtaining and maintaining a license under this division, a manufacturer or importer shall do all of the following in the manner specified by the board: (a) Submit to the board a list of all tobacco products they manufacture or import. (b) Update the list of all tobacco products brands they manufacture or import whenever a new or additional brand is manufactured or imported or a listed brand is no longer manufactured or imported. (c) Consent to jurisdiction of the California courts for the purpose of enforcement of this division and appoint a registered agent for service of process in this state and identify the registered agent to the board. (d) The Legislature finds that solely appointing a registered agent for the purpose of service of process in this state pursuant to this subdivision does not establish a nexus with this state for tax purposes. (e) This section shall become operative May 1, 2007. (Added by Stats. 2006, Ch. 501, Sec. 4. Effective January 1, 2007. Section operative May 1, 2007, by its own provisions.)
  75. 22979.22.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    A manufacturer or importer applying for a tobacco products license must use the board’s form and include specified information; the board may investigate the application and must provide electronic submission/download access.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 following: (1) The name, address, and telephone number of the applicant. For applicants whose corporate offices are at a separate location, the business name, address, and telephone number of the corporate office. Citations issued to licensees shall be forwarded to all addressees on the license. (2) If any other licenses have been issued by the board to the applicant, the license or permit numbers for each license or permit then in effect. (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) 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 imprisonment and fine. (5) Signature of the applicant. (6) The name, address, and telephone number of the person designated by the manufacturer or the importer as its agent for receipt of service of process in this state. (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. (c) The board shall provide electronic means for applicants to download and submit applications. (Added by Stats. 2006, Ch. 501, Sec. 5. Effective January 1, 2007.)
  76. 22979.23.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Manufacturers or importers must pay a one-time license fee with each application: $10,000 for chewing tobacco or snuff, and $2,000 for other tobacco products. If both fee provisions apply, the total fee cannot exceed $10,000.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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) Every manufacturer or importer of tobacco products, excluding chewing tobacco or snuff, shall submit with each application a one-time license fee of two thousand dollars ($2,000). (c) If a manufacturer or importer is required to submit an application under, and to pay the fees required by, both subdivisions (a) and (b), the total amount of fees required to be submitted under this section shall not exceed ten thousand dollars ($10,000). (Added by Stats. 2006, Ch. 501, Sec. 6. Effective January 1, 2007.)
  77. 22979.24.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Licensed manufacturers and importers must file a monthly report with the department, and the department may not disclose the submitted information.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 monthly report to the department. The monthly report shall include, but is not limited to, the following: (1) A list of all distributors licensed pursuant to Section 22975 to which the manufacturer or importer shipped its tobacco products or caused its tobacco products to be shipped. (2) The total wholesale cost of the products. (b) The department may suspend the license or revoke the license, pursuant to the provisions applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code, of any importer or any manufacturer that has failed to comply with the requirements of this section. (c) All information and records provided to the department pursuant to subdivision (a) are confidential in nature and shall not be disclosed by the department. Information required under subdivision (a) are not public records under the California Public Records Act, as described in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall not be open to public inspection. (d) The amendments made to this section by the act adding this subdivision shall become operative May 1, 2007. (Amended by Stats. 2022, Ch. 28, Sec. 16. (SB 1380) Effective January 1, 2023.)
  78. 22979.3.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    The department must give listed agencies access to its license database when requested, and those agencies may use it only to enforce tobacco control laws and must follow privacy-related state laws.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 lead agency, and any agency authorized to enforce or administer state or local tobacco control laws, access to the department’s database of licenses issued to manufacturers and importers for locations within the jurisdiction of that agency, local lead agency, or law enforcement agency. The agencies authorized by this section to access the department’s database shall access and use the department’s database only for purposes of enforcing tobacco control laws and shall adhere to all state laws, policies, and regulations pertaining to the protection of personal information and individual privacy. (Amended by Stats. 2021, Ch. 432, Sec. 5. (SB 824) Effective January 1, 2022.)
  79. 22979.4.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Importers must keep certain tobacco purchase records and make them available for inspection for specific retention periods.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 records required by the board. The records shall be maintained for a period of one year from the date of purchase on the importer’s premises identified in the license, and thereafter, the records shall be made available for inspection by the board or a law enforcement agency for a period of four years. Any importer found in violation of these requirements, or any person who fails, refuses, or neglects to retain or make available invoices for inspection and copying in accordance with this section shall be subject to penalties pursuant to Section 22981. (Amended by Stats. 2004, Ch. 82, Sec. 6. Effective June 30, 2004.)
  80. 22979.5.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

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    Manufacturers and importers covered by this chapter must keep accurate sales records, retain them for the required periods, keep invoices for the past year on the licensed premises, and provide the records when requested by the board or law enforcement.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 relating to the sale of those products, including, but not limited to, receipts, invoices, and other records as may be required by the board, during the past four years with invoices for the past year to be maintained on the premises for which the license was issued, and shall make these records available upon request by a representative of the board or a law enforcement agency. (b) Failure of a manufacturer or an importer to comply with this section shall be a misdemeanor subject to penalties pursuant to Section 22981. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  81. 22979.6.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Manufacturers and importers must put specified information on invoices for cigarette or tobacco product sales, and the invoice must be legible and readable.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 cigarettes or tobacco products: (1) The name, address, and telephone number of the manufacturer, or importer. (2) The license number of the manufacturer or importer as provided by the board. (3) The name, address, and license number of the person to whom cigarettes or tobacco products are sold. (4) An itemized listing of the cigarettes or tobacco products sold. (b) Each invoice for the sale of cigarettes or tobacco products shall be legible and readable. (c) Failure to comply with the requirements of this section shall be a misdemeanor subject to penalties pursuant to Section 22981. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  82. 22979.7.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    If a manufacturer or importer violates this division, the board may revoke or suspend its license for a first offense, and may also impose a civil penalty for a second or later offense.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 4. License and Administration Fee for Manufacturers and Importers [22979 - 22979.7] ( Chapter 4 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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, 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 of the manufacturer or importer pursuant to the procedures applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code. (b) In the case of a second or any subsequent offense, in addition to the action authorized under subdivision (a), the board may impose a civil penalty in an amount not to exceed the greater of either of the following: (1) Five times the retail value of the seized cigarettes or tobacco products defined as cigarettes under this section. (2) Five thousand dollars ($5,000). (Amended by Stats. 2005, Ch. 512, Sec. 4. Effective January 1, 2006.)
  83. 22980.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

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    Certain officers may enter listed tobacco-related locations and conduct inspections if they show credentials, and inspections must be reasonable and limited to no more than once in 24 hours.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 Code, upon presenting appropriate credentials, is authorized to enter any place as described in paragraph (2) or (3) and to conduct inspections in accordance with all of the following: (1) Inspections shall be performed in a reasonable manner and at times that are reasonable under the circumstances, taking into consideration the normal business hours of the place to be entered. (2) Inspections may be at any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of activities involving evasion of cigarette or tobacco products tax and violations of Section 30165.1 of the Revenue and Taxation Code may be discovered. (3) Inspections may be at any place where evidence of a violation of Section 104559.1 or 104559.5 of the Health and Safety Code may be discovered. (4) Inspections shall be requested or conducted no more than once in a 24-hour period. (b) Any person that refuses to allow an inspection shall be subject to the penalties imposed pursuant to Section 22981. (Amended by Stats. 2024, Ch. 849, Sec. 4. (AB 3218) Effective January 1, 2025.)
  84. 22980.1.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

    Verify source ↗

    This section generally bans sales and purchases of cigarettes or tobacco products involving unlicensed or suspended/revoked licensees, with some exceptions and a misdemeanor penalty for noncompliance.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 pursuant to this division or whose license has been suspended or revoked. (b) (1) Except as provided in paragraph (2), a distributor or wholesaler shall not sell cigarettes or tobacco products to a retailer, wholesaler, distributor, or any other person who is not licensed pursuant to this division or whose license has been suspended or revoked. (2) This subdivision does not apply to any sale of cigarettes or tobacco products by a distributor, wholesaler, or any other person to a retailer, wholesaler, distributor, or any other person that the state, pursuant to the United States Constitution, the laws of the United States, or the California Constitution, is prohibited from regulating. (c) A retailer, distributor, or wholesaler shall not purchase packages of cigarettes or tobacco products from a manufacturer or importer who is not licensed pursuant to this division or whose license has been suspended or revoked. (d) (1) A retailer or wholesaler shall not purchase cigarettes or tobacco products from any person who is not licensed pursuant to this division or whose license has been suspended or revoked. (2) Notwithstanding subdivision (c), a distributor shall not purchase cigarettes or tobacco products from any person who is required to be licensed pursuant to this division but who is not licensed or whose license has been suspended or revoked. (e) Each separate sale to, or by, a retailer, wholesaler, distributor, importer, manufacturer, or any other person who is not licensed pursuant to this division shall constitute a separate violation. (f) A manufacturer, distributor, wholesaler, or importer shall not sell cigarette or tobacco products to any retailer or wholesaler whose license has been suspended or revoked unless all outstanding debts of that retailer or wholesaler that are owed to a wholesaler or distributor for cigarette or tobacco products are paid and the license of that retailer or wholesaler has been reinstated by the board. Any payment received from a retailer or wholesaler shall be credited first to the outstanding debt for cigarettes or tobacco products and must be immediately reported to the board. The board shall determine the debt status of a suspended retailer or wholesaler licensee 25 days prior to the reinstatement of the license. (g) An importer, distributor, or wholesaler, or distributor functioning as a wholesaler, or retailer, shall not purchase, obtain, or otherwise acquire any package of cigarettes to which a stamp or meter impression may not be affixed in accordance with subdivision (b) of Section 30163 or subdivision (e) of Section 30165.1 of the Revenue and Taxation Code, or any cigarettes obtained from a manufacturer or importer that cannot demonstrate full compliance with all requirements of the federal Cigarette Labeling and Advertising Act (15 U.S.C. Sec. 1335a et seq.) for the reporting of ingredients added to cigarettes. (h) (1) Failure to comply with the provisions of this section is a misdemeanor subject to penalties pursuant to Section 22981. (2) Notwithstanding paragraph (1), a manufacturer or importer who uses the most up-to-date licensing information provided by the board on the board’s website to determine a person’s licensing status is presumed to be in compliance with this section. (i) The amendments that are made to this section by the act adding this subdivision shall become operative May 1, 2007. (Amended by Stats. 2019, Ch. 497, Sec. 18. (AB 991) Effective January 1, 2020.)
  85. 22980.2.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

    Verify source ↗

    Selling cigarettes or tobacco products without a valid license, or after suspension or revocation, is a misdemeanor and can trigger seizure of the products.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 has been suspended or revoked, and each officer of any corporation that so engages in this business, is guilty of a misdemeanor punishable as provided in Section 22981. (b) Each day after notification by the board or by a law enforcement agency that a manufacturer, wholesaler, distributor, importer, retailer, or any other person required to be licensed under this division offers cigarette and tobacco products for sale or exchange without a valid license for the location from which they are offered for sale shall constitute a separate violation. (c) Continued sales or gifting of cigarettes and tobacco products either without a valid license or after a notification of suspension or revocation shall constitute a violation punishable as provided in Section 22981, and shall result in the seizure of all cigarettes and tobacco products in the possession of the person by the board or a law enforcement agency. Any cigarettes and tobacco products seized by the board or by a law enforcement agency shall be deemed forfeited. (d) For the purposes of this section, notwithstanding subdivision (v) of Section 22971, “tobacco products” includes a product or device as defined in subdivision (d) of Section 22950.5. (e) This section shall be operative on January 1, 2017. (Amended by Stats. 2025, Ch. 269, Sec. 9. (AB 573) Effective January 1, 2026.)
  86. 22980.3.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

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    Licenses under this act can be suspended or revoked for violations, and the board must give required notices and mail alerts.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 provided in this section. (1) In addition to any applicable fines or penalties for a violation, upon first conviction of a violation, a licensee shall receive a written notice from the board detailing the suspension and revocation provisions of this division. At its discretion, the board may also suspend a license for up to 30 days. (2) In addition to any applicable fines or penalties for a violation, upon a second conviction of a violation within four years of a previous violation, the license shall be revoked. (b) The date of the occurrence of a violation shall be used to calculate the duration between subsequent violations. A violation shall be noted in the license record at the board only after judicial conviction or final adjudication of a violation. (c) Upon updating a record for a violation triggering a suspension, the board shall serve the licensee with a notice of suspension and shall order the licensee to cease the sale, gifting, or displaying for sale of cigarettes or tobacco products for the period of the suspension. The notice of suspension shall inform the licensee of the effective dates of the suspension. (d) Continued sales or gifting of cigarettes or tobacco products after the effective date of the suspension shall constitute a violation of this division and result in the revocation of a license. (e) Upon completion of a suspension period, a license shall be reinstated by the board upon certification that all outstanding debts of that retailer or wholesaler that are owed to a wholesaler or distributor for the purchase of cigarettes and tobacco products are paid. (f) Upon updating a record for a violation triggering a revocation, the board shall serve the licensee with a notice of revocation and shall order the licensee to cease the sale, gifting, or displaying for sale of cigarettes or tobacco products on and after the effective date of the revocation. The notice of revocation shall inform the licensee of the effective date of the revocation. (g) After a revocation, a previously licensed applicant may apply for a new license after six months. The board may, at its discretion, issue a new license. (h) Upon updating a license record for a violation, suspension, or revocation to a license of a person or entity that owns or controls more than one location, the board shall send notice in writing of the violations, suspensions, or revocations within 15 days of the board’s action to the address included in the application and listed on the license for receipt of correspondence or notices from the board. (i) Upon suspension or revocation of a license pursuant to this section, the board shall notify all licensed distributors and wholesalers by electronic mail within 48 hours of the suspension or revocation of that license. All licensed distributors and wholesalers shall provide the board and shall update, as necessary, an electronic mail address that the board can use for purposes of making the notifications required by this subdivision. (j) Violations by a licensee at one location may not be accumulated against other locations of that same licensee. Violations accumulated against a prior owner at a licensed location may not be accumulated against a new owner at the same licensed location. (k) For purposes of this section, a violation includes violations of the Revenue and Taxation Code relating to cigarettes and tobacco products, and violations of this division. Only one violation per discrete action shall be counted toward a suspension or revocation of a license. (Amended by Stats. 2010, Ch. 607, Sec. 7. (AB 2733) Effective January 1, 2011.)
  87. 22980.4.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

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    After a notice of suspension or revocation, a person may not keep displaying cigarettes or tobacco products for sale.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 penalty of one thousand dollars ($1,000) for each offense, and shall not be subject to Section 22981. (Added by Stats. 2010, Ch. 607, Sec. 8. (AB 2733) Effective January 1, 2011.)
  88. 22980.5.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

    Verify source ↗

    Retailers with suspended or revoked tobacco licenses must post the board’s notice at required locations, and removing or altering it can trigger a $1,000 civil penalty per offense.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 public entrance to the retail location. The notice shall directly face any person who enters the retail location and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor. (2) Each cash register and other point of retail sale. The notice shall be posted so as to be readily viewable by a person standing at or approaching the cash register or other point of retail sale. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor. (b) The notices described in this section shall be in the size and form prescribed by the board. The notice shall be provided by the board and may be reproduced in the same size and form in order to comply with subdivision (a). (c) A retailer whose license was suspended shall post the notice at the retail location that was the subject of the suspension for the duration of the suspension. (d) A retailer whose license was revoked shall post the notice at the retail location that was the subject of the revocation for a 30-day period from the effective date of the revocation. (e) Every retailer who fails to post the notices as required by this section, who alters the notice provided by the board, or who removes the notice before the posting period required in subdivision (c) or (d), as appropriate, expires, shall be subject, notwithstanding Section 22981, to a civil penalty of one thousand dollars ($1,000) for each offense. (Added by Stats. 2010, Ch. 607, Sec. 9. (AB 2733) Effective January 1, 2011.)
  89. 22980.6.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

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    Retail cigarette or tobacco sellers may not handle cannabis products at the same site, and violations can lead to civil penalties, product seizure, and license suspension or revocation.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 cannabis, cannabis products, or a product presumed to be a cannabis product pursuant to subdivision (b), or any regulations promulgated pursuant to that chapter, at any site where cigarettes or tobacco products are stored or sold. A person that violates this subdivision is subject to civil penalties and suspension or revocation of their license pursuant to subdivision (d). (b) For purposes of this section, it shall be presumed that a product that contains or purports to contain a cannabinoid, including a synthetic cannabinoid, is a cannabis product, regardless of the nature or source of the cannabinoid. This presumption may be rebutted by evidence showing that the product does either of the following: (1) Complies with Chapter 9 (commencing with Section 111920) of Part 5 of Division 104 of the Health and Safety Code and any regulations promulgated pursuant to that chapter. (2) Meets the definition of industrial hemp, as that term is defined in Section 11018.5 of the Health and Safety Code. (c) (1) In addition to the authority provided pursuant to Section 34016 of the Revenue and Taxation Code, upon discovery by the department that any person possesses, stores, owns, or has made a retail sale of cannabis or cannabis products in violation of this section, the department is authorized to seize such products at the person’s location. Any cannabis or cannabis products seized by the department pursuant to this subdivision shall be deemed forfeited and the department shall comply with the procedures set forth in Sections 30436 to 30449, inclusive, of the Revenue and Taxation Code. (2) Any seizures or penalties authorized pursuant to this section are in addition to any criminal or civil penalties that may be imposed by law. (d) (1) (A) A first violation of subdivision (a) involving the seizure of cannabis or cannabis products shall be punishable as follows: (i) Cannabis or cannabis products with an aggregate retail value of less than two hundred dollars ($200) shall be punishable by a civil penalty of one thousand dollars ($1,000). (ii) Cannabis or cannabis product with an aggregate retail value of two hundred dollars ($200) or more shall be punishable by a civil penalty of two thousand dollars ($2,000). (B) A second violation of subdivision (a) within five years involving a seizure of cannabis or cannabis products shall be punishable as follows: (i) Cannabis or cannabis products with an aggregate retail value of less than two hundred dollars ($200) shall be punishable by a civil penalty of two thousand dollars ($2,000) and shall also result in a five-day suspension of the license. (ii) Cannabis or cannabis product with an aggregate retail value of two hundred dollars ($200) or more shall be punishable by a civil penalty of five thousand dollars ($5,000) and shall result in a 10-day suspension of the license. (C) A third violation of subdivision (a) within five years involving a seizure of cannabis or cannabis products shall be punishable as follows: (i) Cannabis or cannabis products with an aggregate retail value of less than two hundred dollars ($200) shall be punishable by a civil penalty of five thousand dollars ($5,000) and shall also result in a revocation of the license. (ii) Cannabis or cannabis products with an aggregate retail value of two hundred dollars ($200) or more shall be punishable by a civil penalty of ten thousand dollars ($10,000) and shall result in a revocation of the license. (2) The department shall ascertain as best it may the retail value based on any information within the department’s possession or that may come into its possession of the cannabis or cannabis product. (3) The department shall issue the civil penalty in accordance with the procedures applicable to the civil penalty authorized under Section 22974.7. (4) The department shall revoke or suspend the license of a person who violates subdivision (a) in accordance with the procedures set forth in Section 22980.3. (e) For purposes of this section: (1) “Cannabis” and “cannabis products” shall have the same meaning as provided in Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code. (2) “Cannabinoid” and “synthetic cannabinoid” shall have the same meaning as provided in Division 10 (commencing with Section 26000). (f) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990. (Added by Stats. 2025, Ch. 248, Sec. 1. (AB 8) Effective January 1, 2026.)
  90. 22981.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

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    Violating this division is a misdemeanor, punishable by a fine up to $5,000, jail up to one year, or both.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 thousand dollars ($5,000), or imprisonment not exceeding one year in a county jail, or both the fine and imprisonment. The court shall order any fines assessed be deposited in the Cigarette and Tobacco Products Compliance Fund. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  91. 22982.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

    Verify source ↗

    A prosecution for violating this division’s penal provisions must be started within four years after the offense.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  92. 22983.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. )

    Verify source ↗

    This section says Revenue and Taxation Code Chapter 4 rules apply to collecting the fees, civil fines, and penalties imposed under this division.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 5. Inspections, Prohibitions, and Penalties [22980 - 22983] ( Heading of Chapter 5 amended by Stats. 2018, Ch. 92, Sec. 17. ) ## 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 the fees, civil fines, and penalties imposed pursuant to this division. (Added by Stats. 2004, Ch. 82, Sec. 8. Effective June 30, 2004.)
  93. 22990.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 6. Disposition of Funds [22990 - 22991] ( Chapter 6 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    Money collected under this division must be deposited into the Cigarette and Tobacco Products Compliance Fund, and the fund may be used only for specified enforcement and administration purposes.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 6. Disposition of Funds [22990 - 22991] ( Chapter 6 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 State Treasury. No moneys in the Cigarette and Tobacco Products Compliance Fund shall be used to supplant state or local General Fund money for any purpose. (b) All moneys in the Cigarette and Tobacco Products Compliance Fund are available for expenditure, upon appropriation by the Legislature, solely for the purpose of implementing, enforcing, and administering the California Cigarette and Tobacco Products Licensing Act of 2003, including the seizure and destruction of cigarettes and tobacco products. (Amended by Stats. 2024, Ch. 849, Sec. 5. (AB 3218) Effective January 1, 2025.)
  94. 22990.5.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 6. Disposition of Funds [22990 - 22991] ( Chapter 6 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    After July 1, 2019, revenues from cigarette and tobacco product taxes may not be appropriated to the board to implement, enforce, or administer the California Cigarette and Tobacco Products Licensing Act of 2003.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 6. Disposition of Funds [22990 - 22991] ( Chapter 6 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 imposed upon the distribution of cigarettes and tobacco products by Article 1 (commencing with Section 30101), Article 2 (commencing with Sections 30121), and Article 3 (commencing with Section 30131) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code shall be appropriated to the board for the purpose of implementing, enforcing, or administering the California Cigarette and Tobacco Products Licensing Act of 2003. (Added by Stats. 2016, Ch. 699, Sec. 5. (AB 2770) Effective January 1, 2017.)
  95. 22990.7.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 6. Disposition of Funds [22990 - 22991] ( Chapter 6 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    The board must report annually to the Legislature, Governor, and Department of Finance about whether funding for the cigarette and tobacco licensing act is adequate.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 6. Disposition of Funds [22990 - 22991] ( Chapter 6 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 thereafter, regarding the adequacy of funding for the Cigarette and Tobacco Products Licensing Act of 2003. The report shall include data and recommendations about whether the annual licensing fee funding levels are set at an appropriate level to maintain an effective enforcement program. (b) The report to the Legislature required by subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2016, Ch. 699, Sec. 6. (AB 2770) Effective January 1, 2017.)
  96. 22991.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 6. Disposition of Funds [22990 - 22991] ( Chapter 6 added by Stats. 2003, Ch. 890, Sec. 1. )

    Verify source ↗

    $11 million is appropriated to the State Board of Equalization for implementing and enforcing the Cigarette and Tobacco Products Licensing Act, with spending limits and Finance Department approval requirements.

    ## Business and Professions Code - BPC ## 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. ) ## CHAPTER 6. Disposition of Funds [22990 - 22991] ( Chapter 6 added by Stats. 2003, Ch. 890, Sec. 1. ) ## 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 the State Board of Equalization for the purpose of implementing, enforcing, and administering the California Cigarette and Tobacco Products Licensing Act of 2003, subject to the following provisions: (a) Spending under the appropriation made by this subdivision is limited solely to revenues in the fund that are derived from fees imposed on cigarette and tobacco product manufacturers, wholesalers, distributors, importers, and retailers. (b) Of the total amount appropriated under this subdivision, five million four hundred thousand dollars ($5,400,000) is available for reimbursement to the Department of Justice through an interagency agreement with the board for investigation and enforcement assistance. (c) The expenditure of any funds from the appropriation made by this subdivision shall require the prior approval of the Director of Finance. The amounts appropriated may be approved for expenditure on an allotment basis and shall be limited to the amounts necessary to carry out the operating and staffing plans for the implementation of the California Cigarette and Tobacco Products Licensing Act of 2003 as approved by the Department of Finance. The Department of Finance shall notify the Joint Legislative Budget Committee of its approval of any expenditure authorization 30 days prior to that approval. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
  97. 23.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    This section defines “Department” as the Department of Consumer Affairs unless another definition applies, and treats references to the Department of Professional and Vocational Standards as references to the Department of Consumer Affairs.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 23. “Department,” unless otherwise defined, refers to the Department of Consumer Affairs. Wherever the laws of this state refer to the Department of Professional and Vocational Standards, the reference shall be construed to be to the Department of Consumer Affairs. (Amended by Stats. 1971, Ch. 716.)
  98. 23.5.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    This section defines “Director” as the Director of Consumer Affairs, unless another definition applies.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 23.5. “Director,” unless otherwise defined, refers to the Director of Consumer Affairs. Wherever the laws of this state refer to the Director of Professional and Vocational Standards, the reference shall be construed to be to the Director of Consumer Affairs. (Amended by Stats. 1971, Ch. 716.)
  99. 23.6.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    “Appointing power” means the Director of Consumer Affairs unless another definition applies.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 23.6. “Appointing power,” unless otherwise defined, refers to the Director of Consumer Affairs. (Amended by Stats. 1971, Ch. 716.)
  100. 23.7.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    This section defines “license” to include a license, certificate, registration, or other means to engage in a regulated business or profession, unless another provision says otherwise.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 23.7. Unless otherwise expressly provided, “license” means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. (Added by Stats. 1994, Ch. 26, Sec. 1. Effective March 30, 1994.)
  101. 23.8.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    This section defines “licensee” as a person authorized to practice a regulated business or profession by license, certificate, registration, or another means.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 23.8. “Licensee” means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. Any reference to licentiate in this code shall be deemed to refer to licensee. (Amended by Stats. 2019, Ch. 351, Sec. 1. (AB 496) Effective January 1, 2020.)
  102. 23.9.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    People trained in an approved prison rehabilitation program cannot be denied the next required licensing exam or the license itself because of their imprisonment or prison training, if the licensing agency finds them fit to be licensed.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 23.9. Notwithstanding any other provision of this code, any individual who, while imprisoned in a state prison or other correctional institution, is trained, in the course of a rehabilitation program approved by the particular licensing agency concerned and provided by the prison or other correctional institution, in a particular skill, occupation, or profession for which a state license, certificate, or other evidence of proficiency is required by this code shall not, when released from the prison or institution, be denied the right to take the next regularly scheduled state examination or any examination thereafter required to obtain the license, certificate, or other evidence of proficiency and shall not be denied such license, certificate, or other evidence of proficiency, because of that individual’s imprisonment or the conviction from which the imprisonment resulted, or because the individual obtained the individual’s training in prison or in the correctional institution, if the licensing agency, upon recommendation of the Adult Authority or the Department of the Youth Authority, as the case may be, finds that the individual is a fit person to be licensed. (Amended by Stats. 2019, Ch. 351, Sec. 2. (AB 496) Effective January 1, 2020.)
  103. 23000.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This division is called the Alcoholic Beverage Control Act and may be cited by that name.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23000. This division shall be known and may be cited as the “Alcoholic Beverage Control Act.” (Added by Stats. 1953, Ch. 152.)
  104. 23001.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section says the division is an exercise of state police power and that its provisions should be read broadly to carry out its purposes.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23001. This division is an exercise of the police powers of the State for the protection of the safety, welfare, health, peace, and morals of the people of the State, to eliminate the evils of unlicensed and unlawful manufacture, selling, and disposing of alcoholic beverages, and to promote temperance in the use and consumption of alcoholic beverages. It is hereby declared that the subject matter of this division involves in the highest degree the economic, social, and moral well-being and the safety of the State and of all its people. All provisions of this division shall be liberally construed for the accomplishment of these purposes. (Added by Stats. 1953, Ch. 152.)
  105. 23001.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If part of this division is held invalid, the rest still applies if it can function without the invalid part.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23001.5. If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this division that can be given effect without the invalid portion or application, and to this end the provisions of this division are severable. It is the intent of the Legislature that this division would have been adopted regardless if such invalid provision had not been included or any invalid application had not been made. (Added by Stats. 2006, Ch. 910, Sec. 1. Effective January 1, 2007.)
  106. 23002.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The chapter’s definitions and general provisions govern how this division is construed, unless the context requires otherwise.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23002. Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this division. (Added by Stats. 1953, Ch. 152.)
  107. 23003.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Alcohol” is defined as ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, regardless of source or production process.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23003. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (Added by Stats. 1953, Ch. 152.)
  108. 23004.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “alcoholic beverage” and excludes powdered alcohol.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23004. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. “Alcoholic beverage” does not include “powdered alcohol,” as defined in Section 23003.1. (Amended by Stats. 2016, Ch. 778, Sec. 2. (SB 819) Effective January 1, 2017.)
  109. 23005.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “distilled spirits” and excludes powdered alcohol from that term.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23005. “Distilled spirits” means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. “Distilled spirits” does not include “powdered alcohol,” as defined in Section 23003.1. (Amended by Stats. 2016, Ch. 778, Sec. 3. (SB 819) Effective January 1, 2017.)
  110. 23006.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “beer” for the code and excludes sake.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23006. “Beer” means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer may be produced using the following materials as adjuncts in fermentation: honey, fruit, fruit juice, fruit concentrate, herbs, spices, and other food materials. Beer aged in an empty wooden barrel previously used to contain wine or distilled spirits shall be defined exclusively as “beer” and shall not be considered a dilution or mixture of any other alcoholic beverage. (Amended by Stats. 2019, Ch. 60, Sec. 1. (AB 205) Effective January 1, 2020.)
  111. 23007.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “wine” and sets alcohol-content limits for that definition.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23007. “Wine” means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine. Nothing contained in this section affects or limits the power, authority, or duty of the State Department of Health Services in the enforcement of the laws directed toward preventing the manufacture, production, sale, or transportation of adulterated, misbranded, or mislabeled alcoholic beverages, and the definition of “wine” contained in this section is limited strictly to the purposes of this division and does not extend to, or repeal by implication, any law preventing the production, manufacture, sale, or transportation of adulterated, misbranded, or mislabeled alcoholic beverages. (Amended by Stats. 1978, Ch. 429.)
  112. 23008.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Person” includes a broad list of individuals and business or organizational forms, including any group acting as a unit.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23008. “Person” includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number. (Added by Stats. 1953, Ch. 152.)
  113. 23009.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Licensee” means a person holding a license, permit, certification, or other authorization issued by the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23009. “Licensee” means any person holding a license, a permit, a certification, or any other authorization issued by the department. (Amended by Stats. 2004, Ch. 437, Sec. 1. Effective September 9, 2004.)
  114. 23010.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Taxpayer” means a person liable to pay a tax under the specified Revenue and Taxation Code provision.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23010. “Taxpayer” means a person liable for the payment of a tax pursuant to Part 14 of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 1955, Ch. 1842.)
  115. 23011.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Salesman” means an individual who solicits or receives orders for alcoholic beverages from a licensee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23011. “Salesman” means any individual who solicits or receives an order for alcoholic beverages from any licensee. (Added by Stats. 1953, Ch. 152.)
  116. 23012.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Beer manufacturer” means a person with the facilities, equipment, and commercial activity to make beer.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23012. “Beer manufacturer” means any person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer. (Amended by Stats. 2013, Ch. 686, Sec. 1. (AB 647) Effective January 1, 2014.)
  117. 23013.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Winegrower” means a person with facilities and equipment to convert fruit into wine who is engaged in producing wine.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23013. “Winegrower” means any person who has facilities and equipment for the conversion of grapes, berries, or other fruit into wine and is engaged in the production of wine. (Amended by Stats. 2008, Ch. 28, Sec. 1. Effective June 6, 2008.)
  118. 23013.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines who counts as a “wine blender,” and excludes people who make or blend 200 gallons or less of wine per year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23013.5. A “wine blender” is a person authorized to operate a bonded wine cellar pursuant to a permit issued for that purpose under the Internal Revenue Laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine and does not engage in the production of wine in commercial quantities, provided that any person who produces or blends not to exceed 200 gallons of wine per year shall not, because of such production or blending, be considered a wine blender within the meaning of this division. (Added by Stats. 1965, Ch. 499.)
  119. 23014.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Brandy manufacturer” means a person who manufactures brandy only and does not manufacture any other distilled spirits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23014. “Brandy manufacturer” means any person engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits. (Added by Stats. 1953, Ch. 152.)
  120. 23015.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “distilled spirits manufacturer” and excludes certain winegrowers who produce spirits of wine under specified conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23015. “Distilled spirits manufacturer” means a person who produces distilled spirits from naturally fermented materials or in any other manner. “Distilled spirits manufacturer” does not include a winegrower that produces spirits of wine, provided the spirits of wine are blended into wine produced by the winegrower, are sold to an industrial alcohol dealer or a distilled spirits manufacturer, or are destroyed by the winegrower. (Amended by Stats. 2023, Ch. 375, Sec. 1. (AB 1704) Effective October 7, 2023.)
  121. 23016.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “rectifier” and excludes certain on-sale licensees who process distilled spirits or wine products on their licensed premises for on-premises consumption.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23016. “Rectifier” means every person who colors, flavors, or otherwise processes distilled spirits by distillation, blending, percolating, or other processes. “Rectifier” does not include an on-sale licensee that colors, flavors, or blends distilled spirits or wine products on the on-sale licensed premises to be consumed on the licensed premises. (Amended by Stats. 2011, Ch. 301, Sec. 1. (SB 32) Effective September 21, 2011.)
  122. 23017.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines who counts as an “importer” of alcoholic beverages for different import-and-delivery situations.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23017. “Importer” means: (a) Any consignee of alcoholic beverages brought into this State from without this State, when the alcoholic beverages are for delivery or use within this State. (b) Any person, except a public warehouse licensed under this division, to whom delivery is first made in this State of alcoholic beverages brought into this State from without this State for delivery or use within this State. (c) Any person, licensed as an importer, selling alcoholic beverages to nonlicensees within an area over which the United States Government exercises jurisdiction, when delivery of the alcoholic beverages is made to the nonlicensees by a common carrier transporting the alcoholic beverages from a point outside this State. (d) Any person bringing alcoholic beverages into this State from without this State which are not consigned to any person and which are for delivery or use within this State. A person licensed as a customs broker who is acting as an agent for a licensed importer or for another person whose place of business is without the State shall not be deemed to be the importer of alcoholic beverages consigned in United States internal revenue bond or in United States customs bond to the licensed customs broker. (Added by Stats. 1953, Ch. 152.)
  123. 23018.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Exporter” means a person who sells, delivers, or consigns alcoholic beverages in this state for delivery, use, or sale outside the state.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23018. “Exporter” means any person who sells, delivers, or consigns alcoholic beverages located within this State for delivery, use, or sale without the State. (Added by Stats. 1953, Ch. 152.)
  124. 23019.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “customs broker” for alcoholic beverage importation.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23019. “Customs broker” means every person who is authorized to act as agent or broker for a person licensed as an importer or for a person whose place of business is without the State, in regard to the importing of alcoholic beverages into the State in United States internal revenue bond or in United States customs bond. (Added by Stats. 1953, Ch. 152.)
  125. 23020.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A “wine broker” is a person, other than a salesman regularly employed by a licensee, who acts as an agent in buying or selling wine for someone else for a fee or commission.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23020. “Wine broker” means every person, other than a salesman who is regularly employed by a licensee, who engages as an agent in the sale or purchase of wine for or on behalf of another or others for a fee or commission. (Added by Stats. 1953, Ch. 152.)
  126. 23021.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Wholesaler” means a person who is a jobber or wholesale merchant dealing in alcoholic beverages, except manufacturers, winegrowers, and rectifiers, within the stated U.S. or bordering foreign-country areas.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23021. “Wholesaler” means every person other than a manufacturer, winegrower or rectifier who is engaged in business as a jobber or wholesale merchant, dealing in alcoholic beverages, in an area within the United States other than a territory or possession of the United States, or within a foreign country having common boundaries with any state of the United States. (Amended by Stats. 1975, Ch. 597.)
  127. 23022.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “industrial alcohol dealer” as a person who sells alcohol or distilled spirits in packages over one gallon for use in trades, professions, or industries, not for beverage use.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23022. “Industrial alcohol dealer” means a person who sells alcohol or distilled spirits in packages of more than one gallon for use in the trades, professions, or industries, but not for beverage use. (Added by Stats. 1953, Ch. 152.)
  128. 23023.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Retailer” means any on- or off-sale licensee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23023. “Retailer” means any on- or off-sale licensee. (Added by Stats. 1953, Ch. 152.)
  129. 23024.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Retailer’s on-sale license” is defined to include several types of on-sale beer, beer-and-wine, and general licenses, including seasonal-business general licenses.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23024. “Retailer’s on-sale license” means on-sale beer licenses, on-sale beer and wine licenses, on-sale general licenses, and on-sale general licenses for seasonal businesses. (Added by Stats. 1953, Ch. 152.)
  130. 23025.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “sell,” “sale,” and “to sell” for alcoholic beverages.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23025. “Sell” or “sale” and “to sell” includes any transaction whereby, for any consideration, title to alcoholic beverages is transferred from one person to another, and includes the delivery of alcoholic beverages pursuant to an order placed for the purchase of such beverages and soliciting or receiving an order for such beverages, but does not include the return of alcoholic beverages by a licensee to the licensee from whom such beverages were purchased. (Added by Stats. 1953, Ch. 152.)
  131. 23026.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “retail sale” or “sale at retail” as a sale by an on- or off-sale licensee for consumption, not for resale.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23026. “Retail sale” or “sale at retail” means the sale by an on- or off-sale licensee for consumption and not for resale. (Added by Stats. 1953, Ch. 152.)
  132. 23027.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Wholesale sale” means a sale to any licensee for resale.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23027. “Wholesale sale” or “sale at wholesale” means a sale to any licensee for purposes of resale. (Added by Stats. 1953, Ch. 152.)
  133. 23028.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Package” means a container or receptacle for holding alcoholic beverages that is corked or sealed in any manner.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23028. “Package” means any container or receptacle used for holding alcoholic beverages which is corked or sealed with a stub, stopper, cap, or in any other manner. (Added by Stats. 1953, Ch. 152.)
  134. 23029.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Case” or “original case” means a standard box or carton used by a manufacturer or wine grower to ship or transfer alcoholic beverage packages.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23029. “Case” or “original case” means a standard box or carton as packed by the manufacturer or wine grower in which packages of alcoholic beverages are shipped or transferred. (Added by Stats. 1953, Ch. 152.)
  135. 23030.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “to bottle” or “to package” as bottling, barreling, or otherwise placing alcoholic beverages in a container.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23030. “To bottle” or “to package” means to bottle, barrel, or otherwise place alcoholic beverages in a container. (Added by Stats. 1953, Ch. 152.)
  136. 23031.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Gallon” or “wine gallon” means a liquid measure of 231 cubic inches.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23031. “Gallon” or “wine gallon” means that liquid measure containing 231 cubic inches. (Added by Stats. 1953. Ch. 152.)
  137. 23032.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Proof spirits” means alcoholic liquor with one-half its volume as pure ethyl alcohol, measured at a specific gravity of 0.7939 at 60°F.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23032. “Proof spirits” means that alcoholic liquor which contains one-half of its volume of pure ethyl alcohol of a specific gravity of 0.7939 at 60 degrees Fahrenheit, referred to water at 60 degrees Fahrenheit as unity. (Added by Stats. 1953, Ch. 152.)
  138. 23033.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “proof gallon” as a gallon of proof spirits or an equivalent amount of alcohol.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23033. “Proof gallon” means a gallon of proof spirits or an equivalent amount of alcohol. (Added by Stats. 1953, Ch. 152.)
  139. 23034.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “still” as apparatus that can separate alcohol or alcoholic vapors/solutions, but excludes equipment used for laboratory purposes or only to make distilled water or non-alcoholic substances.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23034. “Still” means any apparatus capable of being used for separating alcohol, or alcoholic vapors or solutions from alcohol or alcoholic solutions or mixtures, but does not include stills or apparatus used for laboratory purposes or solely in the production of distilled water or substances other than alcoholic beverages. (Amended by Stats. 1959, Ch. 547.)
  140. 23035.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “private warehouse” as a place kept by a licensee, away from the licensed premises, for storing—but not selling—the licensee’s alcohol or alcoholic beverages.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23035. “Private warehouse” means any place maintained by a licensee, other than his licensed premises, for the storage but not for the sale of alcohol or alcoholic beverages owned by the licensee. (Added by Stats. 1953, Ch. 152.)
  141. 23036.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Public warehouse” means a licensed place for storing alcohol or alcoholic beverages, not selling them, for other licensees.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23036. “Public warehouse” means any place licensed for the storage of, but not the sale of, alcohol or alcoholic beverages for the account of other licensees and includes United States custom bonded warehouses and United States internal revenue bonded warehouses when the bonded warehouses are used for storage of alcoholic beverages for the account of another licensee. (Added by Stats. 1953, Ch. 152.)
  142. 23037.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “club” and “guest” for the Alcoholic Beverages Code.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23037. “Club” means a corporation or association which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or athletic nature but not for pecuniary gain, having a bona fide membership list, and the majority of the members of which pay dues at least once in every year, and the property as well as the advantages of which belong to the members, and which sells alcoholic beverages only to its members and its bona fide guests. A guest is defined as a person who is actually a houseguest, or a person whose presence as a guest is in response to a specific invitation for the special occasion. (Amended by Stats. 1957, Ch. 618.)
  143. 23038.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A “bona fide public eating place” is one that regularly serves meals for compensation and has suitable kitchen facilities; its kitchen must be sanitary and follow local health regulations.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23038. “Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. “Meals” means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. “Guests” shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage. (Amended by Stats. 1955, Ch. 1779.)
  144. 23038.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section expands the definition of “bona fide public eating place” to include certain publicly owned or leased convention centers, exhibit halls, and auditoriums if they regularly host groups of guests and serve meals under the listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23038.1. Notwithstanding the provisions of Section 23038, “bona fide public eating place” also means a convention center, exhibit hall, or auditorium, which shall hereinafter be referred to as “premises,” owned by or leased to the State of California, any incorporated city, county, city and county, or public corporation of the State of California which is regularly and in a bona fide manner used and kept open for the attendance of groups of guests, and in connection with such use serves meals to such groups of guests for compensation, and which has suitable kitchen facilities in connection therewith, such kitchen containing conveniences for preparation of ordinary meals and maintained in a sanitary condition with proper refrigeration for the keeping of food on the premises in compliance with all regulations of the local department of health. “Meals,” as used in this section, means foods commonly ordered at a lunch or dinner; provided, however, that the service of food such as sandwiches or salads only shall not be deemed compliance with this requirement. “Groups of guests,” as used in this section, means persons who come to the premises owned or leased as provided herein, to make use of such premises for the purpose or purposes for which it was designed, and in connection with such use may, as a group, order in advance and obtain or be served a meal therein. “Convention center” as used in this section, means a building or group of buildings in close physical proximity consisting of, but not necessarily limited to, a convention hall, exhibit hall, auditorium, or theater, or any combination thereof, and used for the purpose, among other things, of providing facilities for conventions, theatrical productions, shows, sporting centers, exhibits, displays, conferences or meetings. Nothing in this section shall be construed to require that meals be served every day that use is made of the premises or any part thereof. However, meals shall actually be available to groups of guests in good faith upon adequate notice and request to the operators of such premises on any day of any year that such premises are used by such groups of guests, and shall be served to groups of guests as heretofore provided on at least 25 percent of the total days each year that the premises are used by said groups of guests. Nothing in this section shall be construed to require that any food be sold or purchased with any alcoholic beverage. (Added by Stats. 1968, Ch. 860.)
  145. 23038.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    For on-sale beer and wine licenses, certain sports venues can count as a “bona fide public eating place,” and the Department of Alcoholic Beverage Control may set container types and sizes.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23038.2. Notwithstanding the provisions of Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a ball park, stadium, or coliseum featuring professional sporting events which maintains suitable kitchen facilities for the preparation of food which is offered for sale to persons attending such professional sporting events. The Department of Alcoholic Beverage Control may prescribe specific types and sizes of beer and wine containers which may be sold pursuant to the provisions of this section. (Amended by Stats. 1978, Ch. 270.)
  146. 23038.3.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    For on-sale beer and wine licenses, a “bona fide public eating place” also includes a cooking school that regularly teaches food preparation and has suitable kitchen facilities.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23038.3. Notwithstanding Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a cooking school that regularly and in a bona fide manner provides courses of instruction in the preparation of food, and that maintains suitable kitchen facilities for the preparation of food that is offered to persons attending the courses of instruction. (Added by Stats. 2011, Ch. 702, Sec. 1. (SB 339) Effective January 1, 2012.)
  147. 23039.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines when premises count as “public premises” and lists several exclusions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23039. (a) “Public premises” means: (1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department. (2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department. (b) “Public premises” does not include any of the following: (1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year. (2) Historic units of the state park system. (3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks. (4) Nonprofit theater companies, nonprofit radio broadcasting companies, or nonprofit cultural film exhibition companies licensed pursuant to Section 24045.7. (5) Theaters licensed pursuant to Section 24045.75. (6) Cemeteries licensed pursuant to Section 24045.76. (7) Winegrowers’ premises. (8) Licensed premises of a nonprofit arts foundation licensed pursuant to Section 24045.78. (Amended by Stats. 2022, Ch. 732, Sec. 1.5. (SB 1370) Effective January 1, 2023.)
  148. 23039.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Some on-sale beer and wine public premises licensees may admit people under 21 to theater performances if the venue has operated as a cabaret theater for at least 10 years, seats at least 375 patrons, and no alcohol is sold, served, or consumed during the performances.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23039.1. Notwithstanding any other provision of law, any on-sale beer and wine public premises licensee who has been licensed at premises operated as a cabaret theater for at least 10 years and which has a seating capacity for at least 375 patrons may admit persons under the age of 21 years to theater performances provided that alcoholic beverages are not sold, served, or consumed on the premises during those performances. (Amended by Stats. 2008, Ch. 18, Sec. 1. Effective June 2, 2008.)
  149. 23039.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An “entertainment zone” is a zone created by local ordinance on or after January 1, 2025 that allows drinking alcoholic beverages on certain public areas.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23039.5. “Entertainment zone” means a zone created by a city, county, or city and county ordinance on or after January 1, 2025, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way. (Amended by Stats. 2024, Ch. 869, Sec. 1. (SB 969) Effective January 1, 2025.)
  150. 23040.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Within this State” means all territory within the state’s boundaries.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23040. “Within this State” means all territory within the boundaries of this State. (Added by Stats. 1953, Ch. 152.)
  151. 23041.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Without the State” means territory outside the state’s boundaries.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23041. “Without the State” means all territory without the boundaries of this State. (Added by Stats. 1953, Ch. 152.)
  152. 23042.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Board” means the State Board of Equalization for the excise-tax powers and duties reserved by the Constitution.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23042. “Board” means the State Board of Equalization, in the exercise of the powers and duties with respect to excise taxes reserved to it by Section 22 of Article XX of the Constitution. (Amended by Stats. 1955, Ch. 447.)
  153. 23043.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “Department” and “director” for this code chapter.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23043. “Department” means the Department of Alcoholic Beverage Control, and “director” means the Director of Alcoholic Beverage Control. (Amended by Stats. 1955, Ch. 447.)
  154. 23044.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “license” as a license authorized to be issued by the department under this division.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23044. “License” means a license authorized to be issued by the department pursuant to this division. (Amended by Stats. 1955, Ch. 447.)
  155. 23045.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    “Appeals board” means the Alcoholic Beverage Control Appeals Board.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23045. “Appeals board” means the Alcoholic Beverage Control Appeals Board. (Added by Stats. 1955, Ch. 447.)
  156. 23046.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “air common carrier” and “airplane” or “common carrier airplane.”

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23046. “Air common carrier” means a person engaged in regularly scheduled air transportation between fixed termini under a certificate of public convenience and necessity issued by the Civil Aeronautics Board, or its successor, or the Public Utilities Commission, or its successor, and “airplane” or “common carrier airplane” means an airplane operated in air transportation by an air common carrier. (Amended by Stats. 1968, Ch. 607.)
  157. 23047.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section defines “scheduled flight” as a regularly scheduled and advertised flight of an air common carrier, and excludes each daily airplane operation on that flight.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1. General Provisions and Definitions [23000 - 23047] ( Chapter 1 added by Stats. 1953, Ch. 152. ) ## 23047. “Scheduled flight” means a regularly scheduled and advertised flight of an air common carrier but does not mean each daily operation of airplanes upon such flight. (Added by renumbering Section 23046 by Stats. 1957, Ch. 37.)
  158. 23049.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The Legislature states that this chapter is intended to create a government organization for strict, honest, impartial, and uniform administration and enforcement of the liquor laws statewide.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23049. It is the intention of the Legislature in enacting this chapter to provide a governmental organization which will ensure a strict, honest, impartial, and uniform administration and enforcement of the liquor laws throughout the State. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  159. 2305.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A California medical licensee can face disciplinary action for unprofessional conduct if another state or the federal government revokes, suspends, disciplines, restricts, or limits the person’s medical license or authority to practice, and that action would also be grounds for discipline in California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2305. The revocation, suspension, or other discipline, restriction, or limitation imposed by another state upon a license or certificate to practice medicine issued by that state, or the revocation, suspension, or restriction of the authority to practice medicine by any agency of the federal government, that would have been grounds for discipline in California of a licensee under this chapter, shall constitute grounds for disciplinary action for unprofessional conduct against the licensee in this state. (Amended by Stats. 1995, Ch. 708, Sec. 9. Effective January 1, 1996.)
  160. 23050.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The department must be run through a civil executive officer called the Director of Alcoholic Beverage Control, and the director is appointed and serves as provided by the Constitution.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23050. (a) There is in the state government, in the Business and Consumer Services Agency, a Department of Alcoholic Beverage Control. The department shall be administered through a civil executive officer who shall be known as the Director of Alcoholic Beverage Control. The director shall be appointed and shall serve as provided in Section 22 of Article XX of the Constitution and shall receive an annual salary as provided for by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. (b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 5. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  161. 23051.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The department takes over most powers and duties of the State Board of Equalization for alcoholic beverages starting January 1, 1955, except excise tax assessment and collection, and existing board-issued licenses are treated as department licenses.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23051. On and after January 1, 1955, the department shall succeed to all of the powers, duties, purposes, responsibilities, and jurisdiction now conferred on the State Board of Equalization under Section 22 of Article XX of the Constitution and this division, except the power to assess and collect such excise taxes as are or may be imposed by law on account of the manufacture, importation, and sale of alcoholic beverages in this State, which shall remain the exclusive power of the State Board of Equalization. All other laws heretofore or hereafter applicable to the State Board of Equalization with respect to alcoholic beverages, except as to excise taxes, shall hereafter be construed to apply to the department. Any license issued by the board and in effect on December 31, 1954, shall be deemed on and after January 1, 1955, to be a license of the department. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  162. 23052.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    Government Code provisions govern the department’s conduct, and “head of the department” means the director for this section.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23052. The provisions of Chapter 2, Part 1, Division 3, Title 2 of the Government Code shall govern and apply to the conduct of the department in every respect the same as if such provisions were herein set forth at length, and wherever in that chapter the term “head of the department” or similar designation occurs, for the purposes of this section it shall mean the director. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  163. 23053.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The director has appointing power over all department employees, and division heads, bureaus, and other employees are responsible to the director for carrying out their duties.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23053. The director shall be the appointing power of all employees within the department, and all heads of divisions, bureaus and other employees in the department shall be responsible to the director for the proper carrying out of the duties and responsibilities of their respective positions. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  164. 23053.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The director may bring court action to stop violations or threatened violations of this division.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23053.1. The director may bring an action to enjoin a violation or the threatened violation of any provision of this division, including, but not limited to, subdivision (e) of Section 24200 regarding a licensee’s failure to correct objectionable conditions following notice, or any rule promulgated pursuant to the provisions of this division. The action may be brought in the county in which the violation occurred or is threatened to occur. Any proceeding brought hereunder shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1994, Ch. 627, Sec. 1. Effective January 1, 1995.)
  165. 23053.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The department investigates violations of specified alcoholic beverage chapters, and certain license holders must pay set fees to the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23053.5. The department shall have the function of investigation of violations of Chapters 10, 11 and 15 of this division and rules of the department relating thereto. To the end that such provisions are more adequately and strictly enforced, funds for support of this program shall be derived as follows: In addition to fees otherwise provided for in this division, the following amounts shall be paid to the department by holders of the following types of licenses: (a) Retail package off-sale general license ........................ $24 per year (b) Rectifier’s license ........................ $52 per year (c) Distilled spirits wholesaler’s license ........................ $52 per year (d) Distilled spirits manufacturer’s agent’s license ........................ $52 per year (e) Distilled spirits manufacturer’s license ........................ $52 per year (f) Distilled spirits importer’s general li­cense ........................ $52 per year (g) California winegrower’s agent’s license ........................ $52 per year Payment of those amounts shall be made upon issuance or transfer of these types of licenses, and shall be made by the holders of these types of licenses at the time specified in this division for payment of annual renewal fees therefor. The provisions of Section 23322 shall apply to the amounts to be paid under this section. All money collected from the fees provided for in this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (Amended by Stats. 1992, Ch. 900, Sec. 2. Effective September 24, 1992.)
  166. 23054.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    Certain State Board of Equalization civil service employees are transferred to the Department of Alcoholic Beverage Control and keep their positions, subject to constitutional and other continuing laws.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23054. All persons in the state civil service employed on the operative date hereof in the State Board of Equalization in carrying out functions transferred to the Department of Alcoholic Beverage Control by this article are transferred to the department and retain their respective positions in the state civil service, subject to the provisions of Article XXIV of the Constitution and laws continued in force thereby or adopted pursuant thereto. The transfer of personnel made by this section shall be subject to the power of the director, in accordance with the State Civil Service Act, to reorganize the department, to discipline employees transferred for incompetency, inefficiency, inexcusable neglect of duty, prior or subsequent to the transfer, or for any other cause for discipline provided by law, and to lay off and demote employees for lack of funds, in accordance with the State Civil Service Act. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  167. 23055.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    When the Legislature requests it, the director must prepare and submit a report on the department’s activities and post it on the department’s website.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23055. (a) Notwithstanding Section 10231.5 of the Government Code, upon request from the Legislature, the director shall prepare and submit to the Legislature a report on the department’s activities and post the report on the department’s Internet Web site. The report shall include, but not be limited to, the following information for any previous fiscal year requested by the Legislature: (1) The amount of funds allocated and spent by the department for licensing, enforcement, and administration. (2) The number of licenses issued, renewed, denied, suspended, and revoked, by license category. (3) The average time for processing license applications, by license category. (4) The number and type of enforcement activities conducted by the department and by local law enforcement agencies in conjunction with the department. (5) The number, type, and amount of penalties, fines, and other disciplinary actions taken by the department. (b) The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2015, Ch. 257, Sec. 1. (SB 325) Effective January 1, 2016.)
  168. 23056.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    The department must send a copy of a California Highway Patrol information sheet with each renewal notice to any on-sale licensee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23056. The department shall send a copy of the information sheet prepared by the Department of the California Highway Patrol pursuant to Section 2426 of the Vehicle Code with each renewal notice to any on-sale licensee. (Amended by Stats. 1992, Ch. 838, Sec. 1. Effective January 1, 1993.)
  169. 23057.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The department must send certain under-21 enforcement information with each renewal notice to on-sale or off-sale licensees.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23057. The department shall send, with each renewal notice to any on-sale or off-sale licensee, information regarding the use of persons under the age of 21 years by peace officers to apprehend licensees, or the employees or agents of licensees, who sell alcoholic beverages to persons under the age of 21 years. (Amended by Stats. 1996, Ch. 124, Sec. 4. Effective January 1, 1997.)
  170. 23058.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The department must send the board a quarterly electronic report on licenses issued or transferred, at no cost to the board.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 1. The Department of Alcoholic Beverage Control [23049 - 23058] ( Article 1 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23058. In order to facilitate the board’s administration of the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), the department shall, each quarter at no cost to the board, electronically transmit to the board a report on the licenses issued or transferred pursuant to this division. The report shall include the names and addresses of all persons to whom the license is issued or transferred, the type of license issued or transferred, and the effective date of the license or transfer. With respect to transfers, the report shall additionally include the names and addresses of the transferors. The information shall be transmitted to the board in a format agreed upon by both the board and the department. (Added by Stats. 2005, Ch. 172, Sec. 1. Effective January 1, 2006.)
  171. 2306.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A suspended medical licensee must not practice medicine during the suspension. When the suspension ends, the Division of Medical Quality must reinstate the certificate unless the licensee practiced medicine in California during the suspension; if so, the division must revoke the certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2306. If a licensee’s right to practice medicine is suspended, he or she shall not engage in the practice of medicine during the term of such suspension. Upon the expiration of the term of suspension, the certificate shall be reinstated by the Division of Medical Quality, unless the licensee during the term of suspension is found to have engaged in the practice of medicine in this state. In that event, the division shall revoke the licensee’s certificate to engage in the practice of medicine. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  172. 23060.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 2. Prohibited Activity [23060- 23060.] ( Article 2 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    The Director of Alcoholic Beverage Control and members of the Alcoholic Beverage Control Appeals Board must not take commissions, have certain business interests, or solicit/request benefits from licensees.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 2. Prohibited Activity [23060- 23060.] ( Article 2 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23060. Neither the Director of Alcoholic Beverage Control nor any member of the Alcoholic Beverage Control Appeals Board shall have or do any of the following: (a) Receive any commission or profit whatsoever, directly or indirectly, from any person applying for or receiving any license or permit under the Alcoholic Beverage Control Act. (b) Engage or have any interest in the sale or any insurance covering a licensee’s business or premises. (c) Engage or have any interest in the sale of equipment for use upon licensed premises. (d) Knowingly solicit any licensee for the purchase of tickets for benefits or contributions for benefits. (e) Knowingly request any licensee to donate or receive money, or any other thing of value, for the benefit of any person whatsoever. Any person who violates any provision of this section shall be removed from office. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  173. 2307.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A disciplined licensee may ask the board to reinstate the certificate or change the penalty, but only after the required waiting period and with the required supporting recommendations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2307. (a) Except as provided in subdivision (i), a person whose certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation. (b) The person may file the petition after a period of not less than the following minimum periods have elapsed from the effective date of the surrender of the certificate or the decision ordering that disciplinary action: (1) At least five years for reinstatement of a license surrendered or revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after three years. (2) At least two years for early termination of probation or after more than one-half of the probation term has elapsed, whichever is greater. (3) At least one year for modification of a condition, or reinstatement of a license surrendered or revoked for mental or physical illness, or termination of probation of less than three years. (c) The petition shall state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from physicians and surgeons licensed in any state who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed. (d) The petition may be heard by a panel of the board. The board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. After a hearing on the petition, the administrative law judge shall provide a proposed decision to the board or the California Board of Podiatric Medicine, as applicable, which shall be acted upon in accordance with Section 2335. (e) The panel of the board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the certificate was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the administrative law judge designated in Section 11371 of the Government Code finds necessary. (f) The administrative law judge designated in Section 11371 of the Government Code reinstating a certificate or modifying a penalty may recommend the imposition of any terms and conditions deemed necessary. (g) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. The board shall automatically reject a petition for early termination or modification of probation if the board files a petition to revoke probation while the petition for early termination or modification of the probation is pending. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of three years from the effective date of the prior decision following a hearing under this section. (h) This section is applicable to and may be carried out with regard to licensees of the California Board of Podiatric Medicine. In lieu of two verified recommendations from physicians and surgeons, the petition shall be accompanied by at least two verified recommendations from doctors of podiatric medicine licensed in any state who have personal knowledge of the activities of the petitioner since the date the disciplinary penalty was imposed. (i) (1) The board shall not reinstate the certificate of a person under any of the following circumstances: (A) The person’s certificate has been surrendered because the person committed an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729. (B) The person’s certificate has been revoked based on a finding by the board that the person committed an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729. (C) The person was convicted in a court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal Code, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. (D) The person has been required to register as a sex offender pursuant to the provisions of Section 290 of the Penal Code, regardless of whether the conviction has been appealed, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. (2) A plea or a verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The record of conviction shall be conclusive evidence of the fact that the conviction occurred. (3) This subdivision does not apply to an applicant who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. (j) Nothing in this section shall be deemed to alter Sections 822 and 823. (Amended by Stats. 2023, Ch. 294, Sec. 20. (SB 815) Effective January 1, 2024.)
  174. 2307.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may set a fee for license reinstatement or penalty modification requests, and the fee cannot be more than the board’s reasonable processing and adjudication costs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2307.5. (a) The board may establish a fee to be paid by a person seeking a license reinstatement or modification of penalty pursuant to Section 2307. (b) The fee established shall not exceed the board’s reasonable costs to process and adjudicate a petition submitted pursuant to Section 2307. (c) The board shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this section. (Added by Stats. 2023, Ch. 294, Sec. 21. (SB 815) Effective January 1, 2024.)
  175. 23075.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 3. The Alcoholic Beverage Control Appeals Board [23075 - 23077] ( Article 3 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    This section creates the Alcoholic Beverage Control Appeals Board and says its members are appointed and serve as required by the Constitution, with an annual salary set by the Government Code. The 2026 amendment becomes operative on July 1, 2026.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 3. The Alcoholic Beverage Control Appeals Board [23075 - 23077] ( Article 3 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23075. (a) There is in the state government, in the Business and Consumer Services Agency, an Alcoholic Beverage Control Appeals Board the members of which shall be appointed and shall serve as provided in Section 22 of Article XX of the Constitution, and shall receive an annual salary as provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 6. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  176. 23076.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 3. The Alcoholic Beverage Control Appeals Board [23075 - 23077] ( Article 3 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    The board controls its personnel, and the director must provide the board’s needed equipment, supplies, and housing.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 3. The Alcoholic Beverage Control Appeals Board [23075 - 23077] ( Article 3 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23076. All personnel of the Alcoholic Beverage Control Appeals Board shall be appointed, directed and controlled by the board. The director shall furnish the equipment, supplies, and housing necessary to the operation of the board and shall perform such other mechanics of administration as the board and the director may agree upon. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  177. 23077.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 3. The Alcoholic Beverage Control Appeals Board [23075 - 23077] ( Article 3 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    The Alcoholic Beverage Control Appeals Board has constitutional powers, may make rules for appeals and other matters within its jurisdiction, and its board members and authorized representatives have the powers of a department head when performing duties under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 3. The Alcoholic Beverage Control Appeals Board [23075 - 23077] ( Article 3 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23077. The Alcoholic Beverage Control Appeals Board shall exercise such powers as are vested in it by Section 22 of Article XX of the Constitution and may adopt such rules pertaining to appeals and other matters within its jurisdiction as may be required. The board and its duly authorized representatives in the performance of its duties under this chapter shall have the powers of a head of a department as set forth in Sections 11180 to 11191, inclusive, of the Government Code. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  178. 23080.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    This section defines “decision” for this article as a final department determination imposing a penalty assessment or affecting a license, but not an emergency decision for temporary, interim relief.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23080. As used in this article, “decision” when used in reference to the department means any final determination of the department imposing a penalty assessment or affecting a license which may be appealed to the board under Section 22 of Article XX of the California Constitution, and does not include any emergency decision for temporary, interim relief issued pursuant to the authority conferred to the department pursuant to Section 11460.10 of the Government Code. (Amended by Stats. 2019, Ch. 257, Sec. 1. (SB 788) Effective September 5, 2019.)
  179. 23081.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    A person aggrieved by a final department decision may appeal to the board within the stated time limit, and the appeal must be written, state the grounds, and be served on the other parties and the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23081. On or before the tenth day after the last day on which reconsideration of a final decision of the department can be ordered, any party aggrieved by a final decision of the department may file an appeal with the board from such decision. The appeal shall be in writing and shall state the grounds upon which a review is sought. A copy of the appeal shall be served by the appellant to each party who appeared in the proceeding before the department, including the department which shall thereafter be treated in all respects as a party to the appeal. The right to appeal shall not be affected by failure to seek reconsideration before the department. (Amended by Stats. 2021, Ch. 306, Sec. 1. (AB 1589) Effective January 1, 2022.)
  180. 23081.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    An appeal is treated as filed when the board receives it electronically or by mail to its principal office; registered mail is treated as filed on the USPS registry date.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23081.5. An appeal to the board shall be deemed filed on the date it is received by the board electronically or by mail to the principal office; provided, however, an appeal mailed to the board by means of registered mail shall be deemed filed with the board on the date of the registry with the United States Post Office. (Amended by Stats. 2021, Ch. 306, Sec. 2. (AB 1589) Effective January 1, 2022.)
  181. 23082.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    A department decision does not become effective while an appeal can be filed, and filing an appeal stays the decision until the board makes a final order.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23082. No decision of the department shall become effective during the period in which an appeal may be filed and the filing of an appeal shall stay the effect of the decision until such time as a final order is made by the board. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  182. 23083.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    The board must decide an appeal based on the department record and any party briefs, and it must set an oral-argument date and time if a party requests oral argument.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23083. (a) The board shall determine the appeal upon the record of the department and upon any briefs which may be filed by the parties. If any party to the appeal requests oral argument, the board shall schedule a date and time for argument. The board shall not receive any evidence other than that contained in the record of the proceedings of the department. (b) Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the determination. (Amended by Stats. 2021, Ch. 306, Sec. 3. (AB 1589) Effective January 1, 2022.)
  183. 23083.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The department must collect a 3-percent surcharge on certain annual fees and deposit the collected surcharges into the Alcoholic Beverage Control Appeals Fund.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23083.5. (a) The department shall collect a 3-percent surcharge on the annual fees provided for in Section 23320 on behalf of the appeals board at the same time the department makes its regular collections of annual fees pursuant to Section 23320. The surcharge shall be rounded to the nearest five dollars ($5) and pay the costs of the appeals board in carrying out its duties. (b) All surcharges collected by the department on behalf of the appeals board pursuant to this section shall be deposited in the Alcoholic Beverage Control Appeals Fund, which is hereby created. All moneys in the Alcoholic Beverage Control Appeals Fund shall be available to the appeals board, upon appropriation by the Legislature, to pay the actual costs of the appeals board in carrying out its duties under this chapter. (Amended by Stats. 2019, Ch. 29, Sec. 5. (SB 82) Effective June 27, 2019.)
  184. 23084.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The board’s review of a department decision is limited to specific review questions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23084. The review by the board of a decision of the department shall be limited to the questions: (a) Whether the department has proceeded without, or in excess of, its jurisdiction. (b) Whether the department has proceeded in the manner required by law. (c) Whether the decision is supported by the findings. (d) Whether the findings are supported by substantial evidence in the light of the whole record. (e) Whether there is relevant evidence, which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  185. 23085.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The board must affirm or reverse the department’s decision in most appeals, and may remand a case for reconsideration if it finds relevant evidence that could not reasonably have been produced or was wrongly excluded.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23085. In appeals where the board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, it may enter an order remanding the matter to the department for reconsideration in the light of such evidence. In all other appeals the board shall enter an order either affirming or reversing the decision of the department. When the order reverses the decision of the department, the board may direct the reconsideration of the matter in the light of its order and may direct the department to take such further action as is specially enjoined upon it by law, but the order shall not limit or control in any way the discretion vested by law in the department. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
  186. 23086.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The board must enter its order within 60 days after an appeal is submitted for decision.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23086. In all cases, the board shall enter its order within 60 days after the appeal is submitted for decision. (Amended by Stats. 2022, Ch. 294, Sec. 1. (AB 2921) Effective January 1, 2023.)
  187. 23087.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

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    If a dispute pending before the board or a court is settled by the parties, the tribunal must send the matter back to the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23087. Whenever any matter is pending before the board or a court of record involving a dispute between the department and a licensee, petitioner or protestant and the parties to such a dispute agree upon a settlement or adjustment thereof, the tribunal shall upon the stipulation by the parties that such an agreement has been reached, remand the matter to the department. (Added by Stats. 1959, Ch. 545.)
  188. 23088.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    The board’s appeal order must be written and filed by giving copies to the parties personally, electronically, or by certified mail. Once filed, the order is final and the board may not reconsider or rehear it.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23088. An order of the board on appeal from a decision of the department shall be in writing and shall be filed by delivering copies to the parties personally or electronically or by mailing copies to them by certified mail. An order shall become final upon being filed as provided herein, and there shall be no reconsideration or rehearing by the board. (Amended by Stats. 2021, Ch. 306, Sec. 4. (AB 1589) Effective January 1, 2022.)
  189. 23089.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. )

    Verify source ↗

    Final orders of the board may be reviewed by the courts named in Article 5, but only within the time and in the manner that article specifies.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 4. Appeals From Decisions of the Department [23080 - 23089] ( Article 4 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## 23089. Final orders of the board may be reviewed by the courts specified in Article 5 (commencing with Section 23090) of this chapter within the time and in the manner therein specified and not otherwise. (Added by Stats. 1967, Ch. 1525.)
  190. 23090.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. )

    Verify source ↗

    A person affected by a final order of the board, including the department, may seek a writ of review in the Supreme Court or the relevant court of appeal, but the application must be filed within 30 days after the board’s final order is filed.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. ) ## 23090. Any person affected by a final order of the board, including the department, may, within the time limit specified in this section, apply to the Supreme Court or to the court of appeal for the appellate district in which the proceeding arose, for a writ of review of such final order. The application for writ of review shall be made within 30 days after filing of the final order of the board. (Repealed and added by Stats. 1967, Ch. 1525.)
  191. 23090.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. )

    Verify source ↗

    A writ of review must be made returnable at the time and place set by court order, and it must direct the board to certify the department’s whole record to the court.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. ) ## 23090.1. The writ of review shall be made returnable at a time and place then or thereafter specified by court order and shall direct the board to certify the whole record of the department in the case to the court within the time specified. No new or additional evidence shall be introduced in such court, but the cause shall be heard on the whole record of the department as certified to by the board. (Added by Stats. 1967, Ch. 1525.)
  192. 23090.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. )

    Verify source ↗

    The court’s review is limited to the department’s record and specific legal questions; it may not conduct a trial de novo, take evidence, or use independent judgment on the evidence.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. ) ## 23090.2. The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the board, whether: (a) The department has proceeded without or in excess of its jurisdiction. (b) The department has proceeded in the manner required by law. (c) The decision of the department is supported by the findings. (d) The findings in the department’s decision are supported by substantial evidence in the light of the whole record. (e) There is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department. Nothing in this article shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence. (Added by Stats. 1967, Ch. 1525.)
  193. 23090.3.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. )

    Verify source ↗

    The department’s factual findings are final and not subject to review, and the board, the department, and parties before the board may appear in the review proceeding.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. ) ## 23090.3. The findings and conclusions of the department on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall include ultimate facts and the findings and conclusions of the department. The board, the department, and each party to the action or proceeding before the board shall have the right to appear in the review proceeding. Following the hearing, the court shall enter judgment either affirming or reversing the decision of the department, or the court may remand the case for further proceedings before or reconsideration by the department. (Added by Stats. 1967, Ch. 1525.)
  194. 23090.4.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. )

    Verify source ↗

    This section says civil procedure rules on writs of review apply to court proceedings under this article, and copies of pleadings filed under the article must be served on the board, the department, and each party who appeared before the board.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. ) ## 23090.4. The provisions of the Code of Civil Procedure relating to writs of review shall, insofar as applicable, apply to proceedings in the courts as provided by this article. A copy of every pleading filed pursuant to this article shall be served on the board, the department, and on each party who entered an appearance before the board. (Added by Stats. 1967, Ch. 1525.)
  195. 23090.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. )

    Verify source ↗

    Most state courts are barred from reviewing or interfering with department orders and decisions, but higher courts have limited exceptions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. ) ## 23090.5. (a) Except as provided in subdivision (b), a court of this state, except the Supreme Court and the courts of appeal to the extent specified in this article, shall not have jurisdiction to review, affirm, reverse, correct, or annul any order, rule, or decision of the department or to suspend, stay, or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the department in the performance of its duties, but a writ of mandate shall lie from the Supreme Court or the courts of appeal in any proper case. (b) Notwithstanding subdivision (a), a superior court shall have jurisdiction to review an emergency decision issued by the department pursuant to Article 13 (commencing with Section 11460.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, in the manner provided by Section 11460.80 of the Government Code. Review by a superior court pursuant to this subdivision shall not be construed as giving the superior court jurisdiction over any other matter or aspect of a case pending before the department. The decision of a superior court following review of the emergency decision shall not be considered by the department in connection with the adjudicative proceedings commenced as required by Section 11460.60 of the Government Code, or by the Alcoholic Beverage Control Appeals Board, court of appeal, or Supreme Court upon review of a final decision of the department. (Amended by Stats. 2019, Ch. 257, Sec. 2. (SB 788) Effective September 5, 2019.)
  196. 23090.6.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. )

    Verify source ↗

    Filing or pending a writ of review does not automatically stay or suspend a department order, rule, or decision; the court may do so instead.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. ) ## 23090.6. The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, or decision of the department, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order, rule, or decision of the department subject to review, upon the terms and conditions which it by order directs. (Added by Stats. 1967, Ch. 1525.)
  197. 23090.7.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. )

    Verify source ↗

    A department decision appealed to the board, and a final board order, cannot become effective while an application for a writ of review may be made under Section 23090.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 5. Judicial Review [23090 - 23090.7] ( Article 5 repealed and added by Stats. 1967, Ch. 1525. ) ## 23090.7. No decision of the department which has been appealed to the board and no final order of the board shall become effective during the period in which application may be made for a writ of review, as provided by Section 23090. (Added by Stats. 1967, Ch. 1525.)
  198. 23095.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 6. Stay of Suspension [23095 - 23098] ( Article 6 added by Stats. 1957, Ch. 2298. )

    Verify source ↗

    A licensee may ask the department to accept a cash compromise instead of serving a suspension, but not if the proposed suspension is over 15 days.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 6. Stay of Suspension [23095 - 23098] ( Article 6 added by Stats. 1957, Ch. 2298. ) ## 23095. (a) Whenever a decision of the department suspending a license becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension, petition the department for permission to make an offer in compromise, to be paid into the Alcohol Beverage Control Fund, consisting of a sum of money in lieu of serving the suspension. (b) No licensee may petition the department for an offer in compromise in any case in which the proposed suspension is for a period in excess of 15 days. (c) Upon the receipt of the petition, the department may stay the proposed suspension and cause any investigation to be made which it deems desirable and may grant the petition if it is satisfied that the following conditions are met: (1) The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and the payment of the sum of money will achieve the desired disciplinary purposes. (2) The books and records of the licensee are kept in such a manner that the loss of sales of alcoholic beverages that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom. (d) The offer in compromise for retail licensees shall be the equivalent of 50 percent of the estimated gross sales of alcoholic beverages for each day of a proposed suspension, subject to the following limits: (1) The offer in compromise may not be less than seven hundred fifty dollars ($750) nor more than six thousand dollars ($6,000). (2) If the petitioning retailer has had any other accusation filed against the petitioning retailer by the department during the three years prior to the date of the petition that has resulted in a final decision to suspend or revoke the retail license concerned, the offer in compromise may be not less than one thousand five hundred dollars ($1,500) nor more than twelve thousand dollars ($12,000). (e) Notwithstanding subdivision (b), a licensee may petition the department for an offer in compromise for a second violation of Section 25658 that occurs within 36 months of the initial violation without regard to the period of suspension. In these cases, the offer in compromise shall be the equivalent of 50 percent of the estimated gross sales of alcoholic beverages for each day of the proposed suspension, and the offer in compromise may be not less than two thousand five hundred dollars ($2,500) nor more than forty thousand dollars ($40,000). (f) (1) The offer in compromise for nonretail licensees shall be the equivalent of 50 percent of the estimated gross sales of alcoholic beverages for each day of the proposed suspension, and the offer in compromise may not be less than seven hundred fifty dollars ($750) and may not exceed ten thousand dollars ($10,000) unless the nonretail licensee has violated Section 25500, 25502, 25503, or 25600 by giving to any licensee illegal inducements, secret rebates, or free goods amounting to more than ten thousand dollars ($10,000) in value, in which case the offer in compromise shall be equal to the value of the illegal inducements, secret rebates, or free goods given. (2) Notwithstanding paragraph (1), any nonretail licensee who pays an offer in compromise based upon a violation in the exercise of any retail privileges of that license shall have the offer in compromise computed on estimated retail gross sales only pursuant to subdivision (d). (3) All moneys collected as a result of penalties imposed under this subdivision shall be deposited directly in the General Fund in the State Treasury, rather than the Alcohol Beverage Control Fund as provided for in Section 25761. (Amended by Stats. 2023, Ch. 613, Sec. 1. (SB 498) Effective January 1, 2024.)
  199. 23096.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 6. Stay of Suspension [23095 - 23098] ( Article 6 added by Stats. 1957, Ch. 2298. )

    Verify source ↗

    Money paid in compromise under Section 23095 must be paid to the State Treasury for the Alcohol Beverage Control Fund, and the department must then issue an order permanently staying the suspension.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 6. Stay of Suspension [23095 - 23098] ( Article 6 added by Stats. 1957, Ch. 2298. ) ## 23096. The moneys derived from a payment in compromise under Section 23095 shall be paid to the State Treasury for deposit in the Alcohol Beverage Control Fund. Upon such payment, the department shall enter its further order permanently staying the imposition of the suspension. (Added by Stats. 1957, Ch. 2298.)
  200. 23097.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 6. Stay of Suspension [23095 - 23098] ( Article 6 added by Stats. 1957, Ch. 2298. )

    Verify source ↗

    The department may grant stays only as needed to finish its investigation and make findings, and it may issue a permanent stay only in the circumstances described here.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 1.5. Administration [23049 - 23098] ( Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20. ) ## ARTICLE 6. Stay of Suspension [23095 - 23098] ( Article 6 added by Stats. 1957, Ch. 2298. ) ## 23097. In connection with any such petition, the authority of the department is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or of that portion of the suspension not otherwise conditionally stayed by the decision of the department. If the suspension was imposed as a result of an accusation filed by another public officer acting in his official capacity, the department shall not order such permanent stay of suspension without the written concurrence of such other public officer. (Amended by Stats. 1961, Ch. 775.)

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