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<ns0:Id>20250SB__131499INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Menjivar</ns0:AuthorText>
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<ns0:Name>Menjivar</ns0:Name>
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<ns0:Title> An act to amend Section 22958 of, and to add Section 22965 to, the Business and Professions Code, relating to smoke shops. </ns0:Title>
<ns0:RelatingClause>smoke shops</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Smoke shops: locations, hours of operation, and sale of nitrous oxide.</ns0:Subject>
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<html:p>The Stop Tobacco Access to Kids Enforcement (STAKE) Act requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through specified enforcement activities. In addition to the primary enforcement responsibility assumed by the department, existing law authorizes other state and local governmental agencies to conduct inspections and assess penalties for violations of the act, as specified, and encourages state and local enforcement agencies to share the results of inspections and coordinate with the department when enforcing the act. In this regard, existing law authorizes an enforcing agency to assess specified 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, cigarettes, or
cigarette papers. Existing law, upon the assessment of a civil penalty for the 3rd, 4th, or 5th violation, requires the department to notify the California Department of Tax and Fee Administration (CDTFA), and requires the CDTFA to assess civil penalties and suspend or revoke a license issued under the Cigarette and Tobacco Products Licensing Act of 2003.</html:p>
<html:p>This bill, effective January 1, 2028, would prohibit the retail location for a smoke shop, as defined, from being located within a 600-foot radius of a school or a day care center in existence at the time the retail license is issued, unless the local jurisdiction specifies a different radius. The bill would prohibit a smoke shop from engaging in the retail sale of tobacco products directly to the public between the hours of 10:00 p.m. to 6:00 a.m. The bill would authorize the State Department of Public Health or the CDTFA to establish regulations relating to the operation of smoke shops, including the creation of
a separate license category with administrative processes and separate fee rates. The bill would also prohibit a smoke shop from possessing, storing, owning, or selling nitrous oxide or paraphernalia relating to the consumption of nitrous oxide. The bill would authorize an enforcement agency to assess civil penalties for a violation of those provisions. The bill would authorize the CDTFA to then assess a civil penalty and suspend or revoke a license for a violation of those provisions. The bill would define various terms relating to the bill’s provisions.</html:p>
<html:p>The California Constitution provides for the establishment of the State Board of Equalization, which, before July 1, 2017, had primary responsibility for most of the state’s duties, powers, and responsibilities regarding the administration of taxes and fees. Existing law, on July 1, 2017, transferred to the CDTFA various duties, powers, and responsibilities of the State Board of Equalization, including
administration of the STAKE Act, as specified.</html:p>
<html:p>This bill would change references in the provisions of the STAKE Act amended by this bill from the “State Board of Equalization” to the “California Department of Tax and Fee Administration” to reflect the transfer of the board’s duties, powers, and responsibilities to the CDTFA.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>This act shall be known, and may be cited, as the California Smoke Shop Regulation and Safety Act.</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 22958 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>22958.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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:
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<html:p>
(1)
<html:span class="EnSpace"/>
A civil penalty of one thousand dollars ($1,000) to one thousand five hundred dollars ($1,500) for the first violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A civil penalty of ten thousand dollars ($10,000) to twenty thousand dollars ($20,000) for a fourth violation within a five-year period.
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<html:p>
(5)
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A civil penalty of at least twenty thousand dollars ($20,000) for five or more violations within a five-year period.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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 California Department of Tax and Fee Administration 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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A 45-day suspension of the license for a third violation at the same location within a five-year period.
</html:p>
<html:p>
(B)
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A 90-day suspension of the license for a fourth violation at the same location within a five-year period.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Revocation of the license for a
fifth violation at the same location within a five-year period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall, upon request, provide to the California Department of Tax and Fee Administration 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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An enforcing agency shall assess penalties in accordance with the schedule set forth in subdivision (a) and provide notice in accordance with subdivision (b) against a person, firm, or corporation in violation of Section 22965. The California Department of Tax and Fee Administration shall then assess a civil penalty and suspend or revoke a license pursuant to subdivision (b) for violations of Section 22965.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
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.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 22965 is added to the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, to read:
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<ns0:Num>22965.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Cigar lounge” means any retailer whose retail location has 70 percent or more of its net floor area devoted to the sale or onsite consumption of cigars.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Daycare center” means a facility, other than a family daycare home, serving infant, toddler, preschool, or schoolage children licensed by the State Department of Social Services pursuant to Chapter 3.5
(commencing with Section 1596.90) of Division 2 of the Health and Safety Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“License” shall have the same meaning as provided in Section 22971.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Net floor area” means the sales area or customer area of a retailer and includes register areas, bar areas, waiting areas, and display areas that may not be directly accessible to customers, but does not include hallways, offices, restrooms, courtyards, break areas, or the forecourt of a service station.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Nitrous oxide” shall have the same meaning as provided in Section 381c of the Penal Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Retailer” shall have the same meaning as provided in Section 22971.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Retail location” shall have the same meaning as provided in
Section 22971.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“School” means, as evidenced by the State Department of Education’s school directory, either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A public school instructing children in kindergarten or any of grades 1 to 12, inclusive, as authorized by the State Department of Education.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A private school instructing children in kindergarten or any of grades 1 to 12, inclusive, that has filed a verification of private school affidavit with the State Department of Education pursuant to Section 33190 of the Education Code, excluding any private school in which education is primarily conducted in a private home.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Smoke shop” means any retailer whose retail location has 20 percent or more of its net floor area devoted to the sale of tobacco products, substances
intended for smoking or inhaling, or smoking or inhaling accessories, including, but not limited to, pipes, vaporizing devices, or other smoking or inhaling paraphernalia. Smoke shop does not include a cigar lounge licensed pursuant to Division 8.6 (commencing with Section 22970) or a cannabis retailer licensed pursuant to Division 10 (commencing with Section 26000).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Effective January 1, 2028, the retail location for a smoke shop shall not be located within a 600-foot radius of a school or daycare center that is in existence at the time the smoke shop’s license is issued unless the local jurisdiction specifies a different radius. The distance specified in this subdivision shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code, unless otherwise provided by law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The fact that the local
jurisdiction for the retail location for a smoke shop specified a different radius pursuant this subdivision shall be a defense to an action brought pursuant to this subdivision.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A smoke shop may only engage in the retail sale of tobacco products directly to the public between the hours of 6:00 a.m. and 10:00 p.m.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A smoke shop shall not possess, store, own, or sell nitrous oxide, including products derived from or containing nitrous oxide, or paraphernalia related to the consumption of nitrous oxide.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department or the California Department of Tax and Fee Administration may establish regulations and requirements for the operation of smoke shops, which may include the creation of a separate license category for smoke shops with administrative processes and separate fee rates, accordingly. Those rules
and regulations shall be consistent with the purposes and intent of this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section sets forth minimum state restrictions with respect to the operation of smoke shops and does not preempt or otherwise prohibit the adoption of a local standard that imposes more restrictive requirements on the operation of smoke shops. A local standard that imposes more restrictive requirements on the operation of smoke shops shall control in the event of any inconsistency between this section and a local standard.
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<ns0:Num>SEC. 4.</ns0:Num>
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<html:p>The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.</html:p>
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