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CA AB1301
Bill
Status
9/15/2012
Primary Sponsor
Jerry Hill
Click for details
AI Summary
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Removes the fixed schedule for State Board of Equalization enforcement actions and instead requires the board to assess a $250 civil penalty and suspend or revoke retailer licenses for 3rd, 4th, and 5th tobacco sales violations within a five-year period (45-day suspension for 3rd, 90-day for 4th, revocation for 5th).
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Increases civil penalties for selling tobacco to minors: $400-$600 for 1st violation, $900-$1,000 for 2nd, $1,200-$1,800 for 3rd, $3,000-$4,000 for 4th, and $5,000-$6,000 for 5th violation within five years.
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Establishes the Cigarette and Tobacco Products Compliance Fund to receive the $250 board penalties, making funds available upon legislative appropriation to support license suspension and revocation activities.
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Limits retailer license appeals to correction of clerical errors only, prohibiting challenges based on whether the Stop Tobacco Access to Kids Enforcement Act (STAKE Act) was violated.
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Clarifies that each retail location of multi-location businesses and each franchise location are treated separately when counting accumulated violations for penalty purposes.
Legislative Description
Retail tobacco sales: STAKE Act.
Last Action
Chaptered by Secretary of State - Chapter 335, Statutes of 2012.
9/15/2012