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Business Taxes Law Guide—Revision 2024
Cigarette and Tobacco Products Licensing Act
Business and Professions Code
Division 8.6. Cigarette and Tobacco Products Licensing Act of 2003
Chapter 5. Inspections, Prohibitions, and Penalties
Section 22980.2
Text of Section Operative Through December 31, 2016
22980.2. Penalty for unlicensed persons. (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(d) This section shall become inoperative on January 1, 2017, and, as of April 1, 2017, is repealed.
History—Stats. 2004, Ch. 82 (AB 2491), in effect June 30, 2004, added "the board or by" after "Each day after notification by" in subdivision (b). Stats. 2005, Ch. 512 (AB 892), in effect January 1, 2006, added "without a license or" after "Continued sales" in subdivision (c). Stats. 2010, Ch. 607 (AB 2733), in effect January 1, 2011, added "either" after "in this state", added "valid" after "without a", and added "this" after "so engages in" in subdivision (a); substituted "division" for "act" after licensed under this" in subdivision (b); added "or gifting of cigarettes and tobacco products either" after "Continued sales", added "valid" after "without a", and substituted "punishable as provided in" for "of" after "constitute a violation" in subdivision (c). Stats. 2016, Ch. 7x2 (SBx5), effective June 9, 2016, added subdivision (d).
Text of Section Operative on January 1, 2017
22980.2. Penalty for unlicensed persons. (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 (s) 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.
History—Added by Stats. 2016, Ch. 7x2 (SBx5), effective June 9, 2016, operative January 1, 2017.