(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.
(Repealed (in Sec. 6) and added by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 7. (SB 5 2x) Effective June 9, 2016. Section operative January 1, 2017, by its own provisions.)
Last modified: October 25, 2018