Section § 22970

Explanation

This law is officially called the Cigarette and Tobacco Products Licensing Act of 2003.

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

Section § 22970.1

Explanation

This section explains that California imposes taxes on cigarette and tobacco distribution to fund various programs. However, the state loses a lot of money due to illegal sales and distributions of these products. To address this, strict enforcement of tax laws and licensing requirements for manufacturers, importers, and sellers of tobacco products are necessary.

The Legislature finds and declares all of the following:
(a)CA Business and Professions Code § 22970.1(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)CA Business and Professions Code § 22970.1(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)CA Business and Professions Code § 22970.1(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)CA Business and Professions Code § 22970.1(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.

Section § 22970.2

Explanation

This law requires a regulatory board to manage a statewide licensing program for anyone involved in making, bringing in, selling, or distributing cigarettes and tobacco products, including manufacturers, importers, distributors, wholesalers, and retailers.

The board shall administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products.

Section § 22970.3

Explanation

This section allows the board to establish a Tobacco Tax Compliance Task Force to provide advice on issues related to cigarette and tobacco tax compliance. The task force can include members from several specified organizations and agencies, including the Attorney General's office, the Franchise Tax Board, and federal agencies involved in fighting tax evasion. Other members can come from state health services, alcohol control, local law enforcement, other states working on tobacco tax efforts, and individuals who need licenses under this division.

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)CA Business and Professions Code § 22970.3(a) The board.
(b)CA Business and Professions Code § 22970.3(b) The office of the Attorney General.
(c)CA Business and Professions Code § 22970.3(c) The Franchise Tax Board.
(d)CA Business and Professions Code § 22970.3(d) The Department of Alcoholic Beverage Control.
(e)CA Business and Professions Code § 22970.3(e) The State Department of Health Services.
(f)CA Business and Professions Code § 22970.3(f) Federal agencies necessary to coordinate programs to combat tobacco tax evasion, smuggling, and counterfeiting.
(g)CA Business and Professions Code § 22970.3(g) One person from each of the categories of persons required by this division to have a license.
(h)CA Business and Professions Code § 22970.3(h) Other states engaged in tobacco tax compliance efforts.
(i)CA Business and Professions Code § 22970.3(i) Local law enforcement agencies.

Section § 22971

Explanation

This law section defines specific terms related to the regulation of cigarettes and tobacco products. It clarifies what is meant by 'brand family', 'cigarette', 'control', 'department', 'display for sale', and 'distributor', among other things. The 'control' involves significant influence over a person or business through voting rights or management. 'License' and 'licensee' refer to legal permissions granted to sell tobacco, while 'retailer' and 'retail location' concern where sales directly to the public occur. Also defined are 'unstamped package of cigarettes' which lack the necessary tax stamps, and 'gifting', which involves distributing tobacco without exchange. Lastly, it outlines entities like 'manufacturer', 'importer', 'wholesaler', and 'law enforcement agency' related to tobacco sales and regulations.

For purposes of this division, the following terms shall have the following meanings:
(a)CA Business and Professions Code § 22971(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)CA Business and Professions Code § 22971(b) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code.
(c)Copy CA Business and Professions Code § 22971(c)
(1)Copy CA Business and Professions Code § 22971(c)(1) “Control” or “controlling” means possession, direct or indirect, of the power:
(A)CA Business and Professions Code § 22971(c)(1)(A) To vote 25 percent or more of any class of the voting securities issued by a person.
(B)CA Business and Professions Code § 22971(c)(1)(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)CA Business and Professions Code § 22971(c)(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)CA Business and Professions Code § 22971(c)(3) For purposes of this division, the department may determine whether a person in fact controls another person.
(d)CA Business and Professions Code § 22971(d) “Department” means the California Department of Tax and Fee Administration.
(e)CA Business and Professions Code § 22971(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)CA Business and Professions Code § 22971(f) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code.
(g)CA Business and Professions Code § 22971(g) “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.
(h)CA Business and Professions Code § 22971(h) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code.
(i)CA Business and Professions Code § 22971(i) “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.
(j)CA Business and Professions Code § 22971(j) “License” means a license issued by the department pursuant to this division.
(k)CA Business and Professions Code § 22971(k) “Licensee” means a person holding a license issued by the department pursuant to this division.
(l)CA Business and Professions Code § 22971(l) “Local lead agency” means an agency designated as a local lead agency pursuant to Section 104400 of the Health and Safety Code.
(m)CA Business and Professions Code § 22971(m) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state.
(n)CA Business and Professions Code § 22971(n) “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.
(o)CA Business and Professions Code § 22971(o) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code.
(p)CA Business and Professions Code § 22971(p) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code.
(q)CA Business and Professions Code § 22971(q) “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.
(r)CA Business and Professions Code § 22971(r) “Retail location” means both of the following:
(1)CA Business and Professions Code § 22971(r)(1) Any building from which cigarettes or tobacco products are sold at retail.
(2)CA Business and Professions Code § 22971(r)(2) A vending machine.
(s)CA Business and Professions Code § 22971(s) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code.
(t)CA Business and Professions Code § 22971(t) “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.
(u)CA Business and Professions Code § 22971(u) “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.”
(v)CA Business and Professions Code § 22971(v) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code.

Section § 22971.1

Explanation

Starting January 1, 2006, the Bureau of State Audits must review how well the licensing and enforcement rules of this division are working. They're supposed to share their findings with the board and the Legislature by July 1, 2006. The audit will cover various areas including the actual costs and extra revenue generated by the program, tax compliance rates, enforcement costs, whether penalties are fair, and how effective the enforcement programs are overall.

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)CA Business and Professions Code § 22971.1(a) The actual costs of the program.
(b)CA Business and Professions Code § 22971.1(b) The level of additional revenue generated by the program compared to the period before its implementation.
(c)CA Business and Professions Code § 22971.1(c) Tax compliance rates.
(d)CA Business and Professions Code § 22971.1(d) The costs of enforcement at the varying levels.
(e)CA Business and Professions Code § 22971.1(e) The appropriateness of penalties assessed in this division.
(f)CA Business and Professions Code § 22971.1(f) The overall effectiveness of enforcement programs.

Section § 22971.2

Explanation

This section means that the board is responsible for overseeing and making sure that the rules in this division are followed. They can also create and enforce new rules to help them do this.

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.

Section § 22971.3

Explanation

This law says that, except for state tax collection rules, local governments can enforce their own tobacco control laws. They can also decide to suspend or revoke local licenses if someone violates state tobacco control laws.

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.

Section § 22971.4

Explanation

This law says that if someone is protected from regulation by the U.S. Constitution, federal laws, or the California Constitution, they don't have to follow the rules in this specific part of the law.

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.

Section § 22971.5

Explanation

If you need to send a notice according to this law, you can either mail it or deliver it in person. If you use the mail, put the notice in a sealed and stamped envelope and send it to the address on file. The notice is considered delivered as soon as you drop it in the mail, not when it actually arrives. If delivered in person, it's officially delivered when you hand it to the person. If the notice is for a corporation, you can give it to someone authorized to receive legal documents for the company.

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.