Existing law requires a person or business that conducts business in California and that seeks to sell specified products or services, to take reasonable steps, as specified, to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser. That law specifies that a person or business that violates these provisions is subject to a civil penalty not exceeding $7,500 for each violation.

This bill would add nitrous oxide, as provided, to the above-referenced list of specified products or services. The bill would prohibit an online seller from allowing a purchaser to use a gift card for specified products or services that are illegal to sell to a minor. The bill would increase the amount of the civil penalty that may be imposed upon a person or business that violates these provisions to $7,500 for each violation, and would also authorize a court to exercise its discretion to increase the civil penalty imposed upon a business if it had annual gross revenues in excess of $25,000,000 in the preceding calendar year, to an amount not exceeding $250,000 per violation if it finds that doing so is necessary to deter future violations. The bill would specify that a public prosecutor that brings an action for violation of these provisions may also seek injunctive relief and attorney’s fees and costs.