text:
(a) Any image or video recording collected or retained through the operation of an in-vehicle camera shall not be:

(1) Used for any advertising.

(2) Sold to a third party.

(3) Shared with a third party unless any of the following apply:

(A) The user has provided affirmative prior consent, and all of the following requirements are met:

(i) Recipients of images or video recordings shared pursuant to this subparagraph do not use the images or video recordings for any purpose other than a purpose affirmatively consented to by the consumer, do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.

(ii) The user receives clear, meaningful notice prior to the sharing of the images or video recordings, including the party or parties with whom the images or recordings will be shared, and the purpose for which the images or recordings will be shared.

(B) (i) The images or video recordings are shared with a third party only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.

(ii) Recipients of images or video recordings shared pursuant to this subparagraph do not use the images or video recordings for any purpose other than a purpose specified in clause (i), do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.

(C) The images or video recordings are shared with a third party in order to comply with a valid verifiable consumer request pursuant to Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code.

(D) The images or video recordings are shared with a third party pursuant to a records request, including, but not limited to, a request pursuant to subdivision (b) of Section 832.7 of the Penal Code or Section 7923.625 of the Government Code or Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.

(4) Retained at any location, other than the vehicle itself, unless either of the following apply:

(A) The user has provided affirmative prior consent.

(B) The images or video recordings are retained only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.

(5) Downloaded, retrieved, or otherwise accessed by a person or entity other than the user, unless either of the following apply:

(A) The user has provided affirmative prior consent.

(B) (i) Subject to clause (ii), the images or video recordings are retained only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.

(ii) The person or entity that downloads, retrieves, or otherwise accesses the images or recordings does not use the images or video recordings for any purpose other than the purpose specified in clause (i), does not share or transmit the images or video recordings, and does not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.

(b) (1) A person or entity that provides the operation of an in-vehicle camera in this state shall provide effective mechanisms, without any cost, penalty, or unnecessary steps, for a consumer to revoke their consent pursuant to subparagraph (A) of paragraph (3) of subdivision (a), subparagraph (A) of paragraph (4) of subdivision (a), and subparagraph (A) of paragraph (5) of subdivision (a) after it is given. At least one of these mechanisms shall utilize the primary medium through which the person or entity communicates with users.

(2) A person or entity subject to paragraph (1) shall honor the user’s consent revocation, and shall delete from all locations other than the vehicle itself any image or recording associated with that user that has been collected, retained, downloaded, or retrieved by that person or entity under subparagraph (A) of paragraph (3) of subdivision (a), subparagraph (A) of paragraph (4) of subdivision (a), and subparagraph (A) of paragraph (5) of subdivision (a), as soon as practicable, but not later than 30 days after the user revokes consent.

(c) A person or entity shall not discriminate against a user because the user has exercised any of their rights under this chapter. Discriminatory acts shall include, but not be limited to, the following:

(1) Denying goods, services, or benefits to the user.

(2) Charging different prices or rates for goods or services, including through the use of discounts or other incentives or imposing penalties.

(3) Providing a different level or quality of goods, services, or benefits to the user.

(4) Suggesting that the user will receive a different price or rate for goods, services, or benefits, or a different level or quality of goods, services, or benefits.

(5) Considering the user’s exercise of rights under this chapter as a basis for suspicion of criminal wrongdoing or unlawful conduct.

(d) Images or video recordings retained through the operation of an in-vehicle camera may be retrieved or shared without the user’s permission if any of the following apply:

(1) In a court, arbitration, or other judicial or administrative authority, the video recordings are subject to the standards for admission into evidence required by that court, arbitrator, or other administrative authority.

(2) (A) The images or video recordings are retrieved pursuant to an investigation or inspection authorized under Section 1131(a) or 30166 of Title 49 of the United States Code, and the personal information of an owner or a lessee of the vehicle, including the vehicle identification number, is not disclosed in connection with the video recordings retrieved pursuant to this subparagraph.

(B) Notwithstanding subparagraph (A), a vehicle identification number may be disclosed to the manufacturer or other entity responsible for providing the images or video recordings pursuant to subparagraph (A).

(3) The images or video recordings are retrieved for the purpose of immediately determining the need for, or facilitating, emergency medical response to a motor vehicle crash.

(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, any image or video recording collected or retained through the operation of an in-vehicle camera may be shared with a third party, retained at a location other than the vehicle, or downloaded, retrieved, or otherwise accessed by a person or entity other than the user to comply with a preservation request pursuant to Chapter 119 or 121 of Title 18 of the United States Code, or a lawful subpoena, court order, or search warrant.

(2) Paragraph (1) shall not be construed to relieve a person or entity from compliance with the California Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code), including, but not limited to, Section 1546.5 of the Penal Code.


kind: section

code: BPC

text: A person or entity shall not compel a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.

history: (History: Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)

division: 8. SPECIAL BUSINESS REGULATIONS

chapter: 36. In-Vehicle Cameras

path: 8. SPECIAL BUSINESS REGULATIONS > 36. In-Vehicle Cameras


text:
For purposes of this chapter, the following definitions shall apply:

(a) (1) “Affirmative prior consent” means a user’s freely given, informed, and unambiguous affirmative authorization for the prospective sharing or retention of their in-vehicle camera recordings or images, in accordance with the requirements of subdivision (a) of Section 22948.51, in one of the following forms:

(A) A page on the vehicle manufacturer’s internet website clearly dedicated to privacy where the user can acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. This acknowledgment of consent shall not be given in combination with any other acknowledgment, consent, or agreement.

(B) A user’s response to a mail form sent by the vehicle manufacturer and returned by the user with their signature acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51.

(C) A user’s signature on a written or electronic form, at the time of the vehicle purchase, acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. The form shall be contained on a single document or single internet page, written in at least 20-point bold font, that is separate from the conditional sales contract, purchase order, or any other document or internet page.

(D) A dedicated prompt displayed on a screen located on the vehicle’s center console which allows the user to acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. The prompt shall meet all of the following criteria:

(i) Outline the limited sharing or retention for which the user may give consent under subdivision (a) of Section 22948.51, and provide a description of how the user may acknowledge or revoke consent in the future.

(ii) Only allow the user to give consent pursuant to the provisions of subdivision (a) of Section 22948.51, and shall not be used to provide consent for any other purpose or be used in conjunction with any other separate acknowledgment of consent.

(iii) Be displayed to the user only in any of the following instances:

(I) The initial setup of the vehicle during or after purchase.

(II) When diagnoses, service, or repair of the in-vehicle camera, or vehicle equipment that relies on or utilizes the in-vehicle camera, is required.

(III) When the user chooses, through a setting on the vehicle’s center console, to view the prompt for the purpose of acknowledging or revoking consent.

(2) “Affirmative prior consent” shall not include any of the following:

(A) Acceptance of a general or broad terms of use, or similar document, that contains descriptions of sharing or retention of in-vehicle camera recordings or images along with other, unrelated information.

(B) Hovering over, muting, pausing, or closing a given piece of content in an electronic format.

(C) Agreement obtained through a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice.

(b) “Dealer” has the same meaning as set forth in Section 285 of the Vehicle Code.

(c) “In-vehicle camera” means any device included as part of a vehicle by the manufacturer that is designed to, or is capable of, recording images or video inside the cabin of the vehicle.

(d) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or consumer device.

(e) “User” means a person who originally purchases, leases, or takes ownership of a vehicle equipped with an in-vehicle camera. A person who is incidentally recorded when a vehicle is operated by a user shall not be deemed to be a user.

(f) “Vehicle manufacturer” or “manufacturer” has the same meaning as set forth in Section 672 of the Vehicle Code.


text: Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.


text:
(a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.

(b) A court may enjoin a person who engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.

(c) A person who knowingly engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each vehicle equipped with an in-vehicle camera sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.


text: The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.


text:
(a) This chapter does not reduce the rights afforded to a consumer or the obligations imposed on a business pursuant to any applicable state or federal law for the protection of individual privacy.

(b) In the event of a conflict between this chapter and any other state law, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control.

(c) The rights afforded to consumers and the obligations imposed on any business pursuant to this chapter do not apply to the extent that they infringe on the noncommercial activities of a person or entity described in subdivision (b) of Section 2 of Article I of the California Constitution.


text:
(a) This chapter shall not apply to cameras installed in vehicles that are primarily for commercial use, including buses, as defined in Section 233 of the Vehicle Code, motortrucks, as defined in Section 410 of the Vehicle Code, and truck tractors, as defined in Section 655 of the Vehicle Code.

(b) Nothing in this chapter authorizes the sale or advertising for commercial use of any image or video depicting a commercial driver without their consent.


text: The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.


text: Except as permitted by federal law, a person shall not sell a gene therapy kit in this state unless the seller includes a notice on the seller’s internet website in a conspicuous location that is displayed to the consumer prior to the point of sale, and on a label on the package containing the gene therapy kit, in plain view and readily legible, stating that the kit is not for self-administration.

history: (History: Added by Stats. 2019, Ch. 140, Sec. 2. (SB 180) Effective January 1, 2020.)

chapter: 37. Gene Therapy Kits: Notice

path: 8. SPECIAL BUSINESS REGULATIONS > 37. Gene Therapy Kits: Notice


text:
For purposes of this chapter, the following definitions apply:

(a) “Gene therapy” refers to the administration of genetic material to modify or manipulate the expression of a gene product, or to alter the biological properties of living cells, for therapeutic use.

(b) “Gene therapy kit” refers to a product that is sold as a collection of materials for the purpose of facilitating gene therapy experiments, including, but not limited to, a system for the targeted cutting of DNA molecules, such as type II clustered regularly interspaced short palindromic repeats (CRISPR), associated proteins (CRISPR-Cas) systems, including CRISPR-Cas9, as described in Regents of University of California v. Broad Institute, Inc. (2018) 903 F.3d 1286.


text:
(a) The Legislature hereby finds and declares that the proliferation of assault weapons, .50 BMG rifles, and unserialized firearms poses a threat to the health, safety, and security of all residents of, and visitors to, this state. All Californians are directly harmed by the proliferation of these weapons and this state has a compelling state interest in protecting its citizens from gun violence and from intimidation by persons brandishing these weapons. Further, this state has a compelling interest in enabling law enforcement authorities to trace firearms used, manufactured, distributed, or transported unlawfully.

(b) The Legislature further finds and declares that the proliferation of firearms to and among young people poses a threat to the health, safety, and security of all residents of, and visitors to, this state. Firearms are especially dangerous in the hands of young people because current research and scientific evidence show that young people are more impulsive, more likely to engage in risky and reckless behavior, unduly influenced by peer pressure, motivated more by rewards than costs or negative consequences, less likely to consider the future consequences of their actions and decisions, and less able to control themselves in emotionally arousing situations. In recognition of these facts, the Legislature has previously prohibited licensed firearm dealers from selling a firearm to a person under 21 years of age, subject to certain exemptions. This state has a compelling interest in further restricting the proliferation of firearms among those under 21 years of age.

(c) The Legislature has previously restricted assault weapons based upon finding that each such firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. The Legislature has also previously restricted .50 BMG rifles based upon finding that they pose a clear and present threat to the health, safety, and security of all residents of, and visitors to, this state, because those firearms have such a high capacity for long-distance and highly destructive firepower that they pose an unacceptable risk of death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. Each of these previous findings is readopted. The Legislature further finds and declares that the manufacture, distribution, transport, importation, and sale of unserialized firearms poses a threat to the health, safety, and security of all residents of, and visitors to, this state, and impedes law enforcement activities, and that the manufacture, distribution, transport, importation, and sale of firearm precursor parts and kits is contributing to the proliferation of unserialized firearms in the state.

(d) It is the intent of the Legislature in enacting this chapter to further restrict in this state the manufacture, distribution, transportation, importation, sale, lending, and transfer of assault weapons, .50 BMG rifles, and unserialized firearms, and further restrict the proliferation of firearms to and among those under 21 years of age, by creating new civil law prohibitions and a civil enforcement mechanism, independent of existing law. Nothing in this chapter shall be construed to limit in any way the enforceability of existing laws concerning firearms, including, but not limited to, Part 6 (commencing with Section 16000) of the Penal Code.

history: (History: Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

path: 8. SPECIAL BUSINESS REGULATIONS > 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts


text:
For purposes of this chapter, the following definitions shall apply:

(a) “.50 BMG rifle” means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun. “.50 BMG rifle” does not include any antique firearm, nor any curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(b) (1) “Assault weapon” means the following designated semiautomatic firearms:

(A) All of the following specified rifles:

(i) All AK series, including, but not limited to, the models identified as follows:

(I) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.

(II) Norinco 56, 56S, 84S, and 86S.

(III) Poly Technologies AKS and AK47.

(IV) MAADI AK47 and ARM.

(ii) UZI and Galil.

(iii) Beretta AR-70.

(iv) CETME Sporter.

(v) Colt AR-15 series.

(vi) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.

(vii) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.

(viii) MAS 223.

(ix) HK-91, HK-93, HK-94, and HK-PSG-1.

(x) The following MAC types:

(I) RPB Industries Inc. sM10 and sM11.

(II) SWD Incorporated M11.

(xi) SKS with detachable magazine.

(xii) SIG AMT, PE-57, SG 550, and SG 551.

(xiii) Springfield Armory BM59 and SAR-48.

(xiv) Sterling MK-6.

(xv) Steyer AUG.

(xvi) Valmet M62S, M71S, and M78S.

(xvii) Armalite AR-180.

(xviii) Bushmaster Assault Rifle.

(xix) Calico M-900.

(xx) J&R ENG M-68.

(xxi) Weaver Arms Nighthawk.

(B) All of the following specified pistols:

(i) UZI.

(ii) Encom MP-9 and MP-45.

(iii) The following MAC types:

(I) RPB Industries Inc. sM10 and sM11.

(II) SWD Incorporated M-11.

(III) Advance Armament Inc. M-11.

(IV) Military Armament Corp. Ingram M-11.

(V) Intratec TEC-9.

(VI) Sites Spectre.

(VII) Sterling MK-7.

(VIII) Calico M-950.

(IX) Bushmaster Pistol.

(C) All of the following specified shotguns:

(i) Franchi SPAS 12 and LAW 12.

(ii) Striker 12.

(iii) The Streetsweeper type S/S Inc. SS/12.

(D) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991.

(E) Any firearm included in the list promulgated by the Attorney General pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this paragraph because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.

(F) As used in this paragraph, “series” includes all other models that are only variations, with minor differences, of those models listed in subparagraph (A), regardless of the manufacturer.

(2) (A) Notwithstanding paragraph (1), “assault weapon” also means any of the following:

(i) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:

(I) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(II) A thumbhole stock.

(III) A folding or telescoping stock.

(IV) A grenade launcher or flare launcher.

(V) A flash suppressor.

(VI) A forward pistol grip.

(ii) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(iii) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

(iv) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:

(I) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

(II) A second handgrip.

(III) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.

(IV) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(v) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(vi) A semiautomatic shotgun that has both of the following:

(I) A folding or telescoping stock.

(II) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

(vii) A semiautomatic shotgun that does not have a fixed magazine.

(viii) Any shotgun with a revolving cylinder.

(ix) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following:

(I) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(II) A thumbhole stock.

(III) A folding or telescoping stock.

(IV) A grenade launcher or flare launcher.

(V) A flash suppressor.

(VI) A forward pistol grip.

(VII) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

(VIII) A second handgrip.

(IX) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.

(X) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(x) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds.

(xi) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.

(B) For purposes of this paragraph, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

(C) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subparagraph (D).

(D) “Assault weapon” does not include either of the following:

(i) Any antique firearm.

(ii) Any of the following pistols, because they are consistent with the significant public purpose expressed in subparagraph (C):

MANUFACTURERMODELCALIBERBENELLIMP90.22LRBENELLIMP90.32 S&W LONGBENELLIMP95.22LRBENELLIMP95.32 S&W LONGHAMMERLI280.22LRHAMMERLI280.32 S&W LONGHAMMERLISP20.22LRHAMMERLISP20.32 S&W LONGPARDINIGPO.22 SHORTPARDINIGP-SCHUMANN.22 SHORTPARDINIHP.32 S&W LONGPARDINIMP.32 S&W LONGPARDINISP.22LRPARDINISPE.22LRWALTHERGSP.22LRWALTHERGSP.32 S&W LONGWALTHEROSP.22 SHORTWALTHEROSP-2000.22 SHORT

(c) “Federally regulated firearm precursor part” means any firearm precursor part deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto, and that has been imprinted with a serial number by a federal licensee authorized to serialize firearms in compliance with all applicable federal laws and regulations.

(d) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.

(e) (1) “Firearm precursor part” means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(2) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170 of the Penal Code, are not firearm precursor parts.

(f) “Unserialized firearm” means a firearm that does not have a serial number as required by law or has had its serial number altered or obliterated.

chapter: 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts


text:
(a) Notwithstanding any other law, no person within this state may manufacture or cause to be manufactured, distribute, transport, or import into the state, or cause to be distributed, transported, or imported into the state, keep for sale, offer or expose for sale, or give or lend, any assault weapon, .50 BMG rifle, or unserialized firearm, except as provided in subdivisions (e) and (f) and in Section 22949.63.

(b) (1) Except as provided in paragraph (2), or except by operation of law, it shall be unlawful for a person to purchase, sell, offer to sell, or transfer ownership of any firearm precursor part in this state that is not a federally regulated firearm precursor part.

(2) This subdivision (b) shall not apply to all of the following:

(A) The purchase of a firearm precursor part that is not a federally regulated firearm precursor part by a federally licensed firearms manufacturer or importer, or by a federal licensee authorized to serialize firearms.

(B) The sale, offer to sell, or transfer of ownership of a firearm precursor part that is not a federally regulated firearm precursor part to a federally licensed firearms manufacturer or importer, or to a federal licensee authorized to serialize firearms.

(C) A common carrier licensed under state law, or a motor carrier, air carrier or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

(c) (1) A person licensed under Sections 26700 to 26915, inclusive, of the Penal Code shall not sell, supply, deliver, or give possession or control of a firearm to any person who is under 21 years of age.

(2) (A) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun or a semiautomatic centerfire rifle to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.

(B) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part to a person who is 18 years of age or older and provides proper identification of being an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subdivision, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.

(C) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:

(i) An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is authorized to carry a firearm in the course and scope of employment.

(ii) An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of employment.

(iii) A reserve peace officer, as described in Section 832.6 of the Penal Code, who is authorized to carry a firearm in the course and scope of employment as a reserve peace officer.

(iv) A person who provides proper identification of active membership in the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States.

(d) The prohibitions described in subdivisions (a), (b), and (c) apply whether or not the firearm or firearm precursor part is misused or is intended to be misused in a criminal or unlawful manner.

(e) Subdivisions (a), (b), and (c) do not apply to the sale of an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to, or the purchase, transport, importation, sale or other transfer, or manufacture of, an assault weapon, a .50 BMG rifle, unserialized firearm, or firearm precursor part by, any law enforcement agency, public entity that employs peace officers, or any authorized law enforcement representative thereof, if that person or entity is not prohibited by law from possessing an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part, including, without limitation, the Department of Justice, a police department or sheriffs’ or marshals’ office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, a district attorneys’ office, the Department of Fish and Wildlife, the Department of Parks and Recreation, the Department of Cannabis Control, the military or naval forces of this state or of the United States, a law enforcement or military agency of another state, any federal law enforcement agency, or any foreign government or agency approved by the United States Department of State, for use in the discharge of the official duties of such entities.

(f) Subdivisions (a) and (b) do not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6 of the Penal Code, or that was possessed pursuant to subdivision (a) of Section 30630 of the Penal Code, or a firearm assigned a serial number pursuant to Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code, that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by Chapter 1.5 (commencing with Section 30400) or Chapter 2 (commencing with Section 30500), of Division 10 of Title 4 of Part 6 of the Penal Code.


text:
(a) Notwithstanding Section 22949.62, any licensed firearms dealer may take possession of any assault weapon or .50 BMG rifle from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code, or of any firearm precursor part, for the purposes of servicing or repair.

(b) Notwithstanding Section 22949.62, any licensed firearms dealer may transfer possession of any assault weapon, .50 BMG rifle, or firearm precursor part received pursuant to subdivision (a), to a gunsmith for purposes of repairing or servicing that weapon. A transfer is permissible only to the following persons:

(1) A gunsmith employed the dealer.

(2) A gunsmith with whom the dealer has contracted for gunsmithing services.

(c) Paragraph (2) of subdivision (b) applies only if the gunsmith receiving the assault weapon, .50 BMG rifle, or firearm precursor part meets both of the following qualifications:

(1) The gunsmith holds a dealer license issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(2) The gunsmith holds any business license required by a state or local governmental entity.

(d) In addition to the uses permitted in Chapter 1.5 (commencing with Section 30400) of, and Article 5 (commencing with Section 30900) of Chapter 2 of, Division 10 of Title 4 of Part 6 of the Penal Code, any licensed gun dealer who lawfully possesses an assault weapon, .50 BMG rifle, or firearm precursor part pursuant to those provisions may do either of the following:

(1) Transport the firearm or firearm precursor part between dealers or out of the state if that person is permitted pursuant to the National Firearms Act. Any transporting allowed by this section or Section 22949.62 shall be in compliance with Sections 16850 and 25610 of the Penal Code.

(2) Sell the firearm or firearm precursor part to a resident outside the state.

(e) Notwithstanding Section 22949.62, any individual may, provided that the assault weapon or .50 BMG rifle is transported in compliance with Sections 16850 and 25610 of the Penal Code, do any of the following:

(1) Arrange in advance to relinquish an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to a police or sheriff’s department.

(2) Sell, deliver, or transfer an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to an authorized representative of a city, city and county, county, or state government, or of the federal government, provided that the entity is acquiring the weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals.

(3) Transfer, relinquish, or dispose of a firearm or precursor part in compliance with the requirements of Section 29810 or Section 29830 of the Penal Code.


text:
(a) Notwithstanding any other law, the requirements of this chapter shall be enforced exclusively through the private civil actions described in Section 22949.65. No enforcement of this chapter may be taken or threatened by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision against any person, except as provided in Section 22949.65.

(b) The fact that conduct violates this chapter shall not be an independent basis for enforcement of any other law of this state, or the denial, revocation, suspension, or withholding of any right or privilege conferred by the law of this state or a political subdivision, or a threat to do the same, by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision, or a board, commission, or similar body assigned authority to do so under law, against any person, except as provided in Section 22949.65. Nor shall any civil action predicated upon a violation of this chapter be brought by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision. For avoidance of doubt, the rights and privileges described by this subdivision include, but are not limited to, any business licenses and permits issued pursuant to this code or any firearms, ammunition, or precursor parts dealer or vendor licenses issued pursuant to Title 4 (commencing with Section 23500) of Part 6 of the Penal Code. This subdivision shall not be construed to prevent or limit enforcement of any other law regulating conduct that also violates this chapter, including, but not limited to, Chapter 1.5 (commencing with Section 30400) and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.

(c) Subdivisions (a) and (b) shall not be construed to do any of the following:

(1) Legalize the conduct prohibited by this chapter or by Chapter 1.5 (commencing with Section 30400) and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.

(2) Waive any requirements prescribed in Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code.

(3) Limit or affect the availability of a remedy established by Section 22949.65.

(4) Limit the enforceability of any other laws that regulate or prohibit any conduct relating to firearms or firearm precursor parts.


text:
(a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who does any of the following:

(1) Knowingly violates Section 22949.62.

(2) Knowingly engages in conduct that aids or abets a violation of Section 22949.62, regardless of whether the person knew or should have known that the person aided or abetted would be violating Section 22949.62.

(3) Knowingly commits an act with the intent to engage in the conduct described by paragraph (1) or (2).

(b) If a claimant prevails in an action brought under this section, the court shall award all of the following:

(1) Injunctive relief sufficient to prevent the defendant from violating this chapter or engaging in acts that aid or abet violations of this chapter.

(2) (A) (i) Statutory damages in an amount of not less than ten thousand dollars ($10,000) for each weapon or firearm precursor part as to which the defendant violated Section 22949.62, and for each weapon or firearm precursor part as to which the defendant aided or abetted a violation of Section 22949.62.

(ii) This subparagraph shall remain in effect unless found by a court to be invalid or unconstitutional, in which case this subparagraph is repealed and subparagraph (B) shall become operational.

(B) (i) A civil penalty in an appropriate amount to be determined by the court for each violation of this chapter. In making that determination, the court shall consider factors that include, but are not limited to, the number of firearms or precursor parts involved in the defendant’s violation of this chapter, the duration of the prohibited conduct, whether the defendant has previously violated this chapter or any other federal, state, or local law concerning the regulation of firearms, and any other factors tending to increase the risk to the public, such as proximity of the violations to sensitive places.

(ii) This subparagraph shall become effective only if a court finds subparagraph (A) to be invalid or unconstitutional.

(3) Attorney’s fees and costs.

(c) Notwithstanding subdivision (b), a court shall not award relief under this section in response to a violation of subdivision (a) if the defendant demonstrates that the defendant previously paid the full amount of any monetary award under subdivision (b) in a previous action for each weapon or firearm precursor part as to which the defendant violated, or aided or abetted a violation of, Section 22949.62.

(d) Notwithstanding any other law, a cause of action under this section shall be extinguished unless the action is brought not later than four years after the cause of action accrues.

(e) An act or omission in violation of Section 22949.62 shall be deemed an injury in fact to all residents of, and visitors to, this state, and any such person shall have standing to bring a civil action pursuant to this section.

(f) Notwithstanding any other law, none of the following is a defense to an action brought under this section:

(1) A defendant’s ignorance or mistake of law.

(2) A defendant’s belief that the requirements of this chapter are unconstitutional or were unconstitutional.

(3) A defendant’s reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this chapter.

(4) A defendant’s reliance on any state or federal court decision that is not binding on the court in which the action has been brought.

(5) Nonmutual issue preclusion or nonmutual claim preclusion.

(6) Any claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate a constitutional right of a third party.

(7) A defendant’s assertion that this chapter proscribes conduct that is separately prohibited by the Penal Code or any other law of this state, or that this chapter proscribes conduct beyond that which is already prohibited by the Penal Code or any other law of this state.

(8) Any claim that the firearm or firearm precursor part at issue was not misused, or was not intended to be misused, in a criminal or unlawful manner.

(g) (1) Both of the following are affirmative defenses to an action brought under this section:

(A) A person sued under paragraph (2) of subdivision (a) reasonably believed, after conducting a reasonable investigation, that the person aided or abetted was complying with this chapter.

(B) A person sued under paragraph (3) of subdivision (a) reasonably believed, after conducting a reasonable investigation, that the person was complying with this chapter or was aiding or abetting another who was complying with this chapter.

(2) The defendant has the burden of proving an affirmative defense under this subdivision by a preponderance of the evidence.

(h) This section shall not be construed to impose liability on any speech or conduct protected by the First Amendment to the United States Constitution, as made applicable to the states through the Fourteenth Amendment to the United States Constitution, or by Section 2 of Article I of the California Constitution.

(i) Notwithstanding any other law, this state, a state official, or a district, county, or city attorney shall not intervene in an action brought under this section. However, this subdivision does not prohibit a person described by this subdivision from filing an amicus curiae brief in the action.

(j) Notwithstanding any other law, a court shall not award attorney’s fees or costs to a defendant in an action brought under this section.

(k) An action pursuant to this section shall not be brought against a federal government, state, political subdivision, or an employee of a federal government, state, or political subdivision on the basis of acts or omissions in the course of discharge of official duties.


text:
(a) A defendant against whom an action is brought under Section 22949.65 does not have standing to assert the right of another individual to keep and bear arms under the Second Amendment to the United States Constitution as a defense to liability under that section unless either of the following is true:

(1) The United States Supreme Court holds that the courts of this state must confer standing on that defendant to assert the third-party rights of other individuals in state court as a matter of federal constitutional law.

(2) The defendant has standing to assert the rights of other individuals under the tests for third-party standing established by the United States Supreme Court.

(b) A defendant in an action brought under Section 22949.65 may assert an affirmative defense to liability under this section if both of the following are true:

(1) The defendant has standing to assert the third-party right of an individual to keep and bear arms in accordance with subdivision (a).

(2) The defendant demonstrates that the relief sought by the claimant will violate a third-party’s rights under the Second Amendment to the United States Constitution right as defined by clearly established case law of the United States Supreme Court.

(c) Nothing in this section shall in any way limit or preclude a defendant from asserting the defendant’s personal constitutional rights as a defense to liability under Section 22949.65, and a court shall not award relief under Section 22949.65 if the conduct for which the defendant has been sued was an exercise of a state or federal constitutional right that personally belongs to the defendant.


text:
This chapter shall not be construed to do any of the following:

(a) Authorize the initiation of a cause of action under this chapter against a person purchasing, obtaining, or attempting to purchase or obtain an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part from a person acting in violation of this chapter.

(b) Wholly or partly repeal, either expressly or by implication, any other statute that regulates or prohibits any conduct relating to firearms or firearm precursor parts, including, but not limited to, Chapters 1.5 and 2 (commencing with Sections 30400 and 30500, respectively) of Division 10 of Title 4 of Part 6 and Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code.

(c) Restrict a political subdivision from regulating or prohibiting conduct relating to assault weapons, .50 BMG rifles, unserialized firearms, or firearm precursor parts in a manner that is at least as stringent as the laws of this state.


text:
(a) Notwithstanding any other law, a civil action brought under Section 22949.65 shall be brought in any of the following:

(1) The county in which all or a substantial part of the events or omissions giving rise to the claim occurred.

(2) The county of residence for any one of the natural person defendants at the time the cause of action accrued.

(3) The county of the principal office in this state of any one of the defendants that is not a natural person.

(4) The county of residence for the claimant if the claimant is a natural person residing in this state.

(b) Notwithstanding any other law, if a civil action is brought under Section 22949.65 in one of the venues described by subdivision (a), the action shall not be transferred to a different venue without the written consent of all parties.


text:
(a) Notwithstanding any other law, this state has sovereign immunity, a political subdivision has governmental immunity, and each officer and employee of this state or a political subdivision has official immunity in any action, claim, or counterclaim or any type of legal or equitable action that challenges the validity of any provision or application of this chapter, on constitutional grounds or otherwise.

(b) A provision of state law shall not be construed to waive or abrogate an immunity described by subdivision (a) unless it expressly waives immunity under this section.


text:
(a) It is the intent of the Legislature that every provision, section, subdivision, sentence, clause, phrase, and word in this chapter, and every application of the provisions in this chapter, are severable from each other.

(b) If any application of any provision in this chapter to any person, group of persons, or circumstances is found by a court to be invalid or unconstitutional, the remaining applications of that provision to all other persons and circumstances shall be severed and shall not be affected. All constitutionally valid applications of this chapter shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the Legislature’s intent and priority that the valid applications be allowed to stand alone. Even if a reviewing court finds a provision of this chapter to impose an unconstitutional burden in a large or substantial fraction of relevant cases, the applications that do not present an unconstitutional burden shall be severed from the remaining applications and shall remain in force, and shall be treated as if the Legislature had enacted a statute limited to the persons, group of persons, or circumstances for which the statute’s application does not present an unconstitutional burden. If any court declares or finds a provision of this chapter facially unconstitutional, when discrete applications of that provision can be enforced against a person, group of persons, or circumstances without violating the United States Constitution and the California Constitution, those applications shall be severed from all remaining applications of the provision, and the provision shall be interpreted as if the Legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision’s application will not violate the United States Constitution and the California Constitution.

(c) The Legislature further declares that it would have enacted this chapter, and each provision, section, subdivision, sentence, clause, phrase, and word, and all constitutional applications of this chapter, irrespective of the fact that any provision, section, subdivision, sentence, clause, phrase, or word, or application of this chapter, were to be declared unconstitutional or to represent an unconstitutional burden.

(d) If any provision of this chapter is found by any court to be unconstitutionally vague, then the applications of that provision that do not present constitutional vagueness problems shall be severed and remain in force.

(e) A court shall not decline to enforce the severability requirements of this section on the ground that severance would rewrite the statute or involve the court in legislative or lawmaking activity. A court that declines to enforce or enjoins a state official from enforcing a statutory provision of this chapter does not rewrite a statute, as the statute continues to contain the same words as before the court’s decision. Each of the following is true about a judicial injunction or declaration of unconstitutionality of a provision of this chapter:

(1) It is nothing more than an edict prohibiting enforcement that may subsequently be vacated by a later court if that court has a different understanding of the requirements of the California Constitution or the United States Constitution.

(2) It is not a formal amendment of the language in a statute.

(3) It no more rewrites a statute than a decision by the executive not to enforce a duly-enacted statute in a limited and defined set of circumstances.


text: This chapter shall become inoperative upon invalidation of Subchapter H (commencing with Section 171.201) of Chapter 171 of the Texas Health and Safety Code in its entirety by a final decision of the United States Supreme Court or Texas Supreme Court, and is repealed on January 1 of the following year.

history: (History: Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by its own provisions. Repealed on January 1 following the inoperative date. Note: Repeal affects Ch. 38, commencing with Section 22949.60.)


text:
(a) (1) A firearm industry member shall not advertise, market, or arrange for placement of an advertising or marketing communication offering or promoting any firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors.

(2) In determining whether marketing or advertising of a firearm-related product is attractive to minors, as described in paragraph (1), a court shall consider the totality of the circumstances, including, but not limited to, whether the marketing or advertising:

(A) Uses caricatures that reasonably appear to be minors or cartoon characters to promote firearm-related products.

(B) Offers brand name merchandise for minors, including, but not limited to, hats, t-shirts, or other clothing, or toys, games, or stuffed animals, that promotes a firearm industry member or firearm-related product.

(C) Offers firearm-related products in sizes, colors, or designs that are specifically designed to be used by, or appeal to, minors.

(D) Is part of a marketing or advertising campaign designed with the intent to appeal to minors.

(E) Uses images or depictions of minors in advertising and marketing materials to depict the use of firearm-related products.

(F) Is placed in a publication created for the purpose of reaching an audience that is predominately composed of minors and not intended for a more general audience composed of adults.

(3) This subdivision does not apply to a communication offering or promoting any firearm safety program, hunting safety or promotional program, firearm instructional course, sport shooting event or competition, or any similar program, course, or event, nor does it apply to a communication offering or promoting membership in any organization, or promotion of lawful hunting activity, including, but not limited to, any fundraising event, youth hunting program, or outdoor camp.

(b) A firearm industry member publishing material directed to minors in this state or who has actual knowledge that a minor in this state is using or receiving its material, shall not knowingly use, disclose, compile, or allow a third party to use, disclose, or compile, the personal information of that minor with actual knowledge that the use, disclosure, or compilation is for the purpose of marketing or advertising to that minor any firearm-related product.

(c) As used in this chapter:

(1) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code.

(2) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code.

(3) “Firearm accessory” means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with, a firearm which is designed, intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter’s ability to hold, carry, or use a firearm.

(4) “Firearm industry member” means any of the following:

(A) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products.

(B) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association formed for the express purpose of promoting, encouraging, or advocating for the purchase, use, or ownership of firearm-related products that does one of the following:

(i) Advertises firearm-related products.

(ii) Advertises events where firearm-related products are sold or used.

(iii) Endorses specific firearm-related products.

(iv) Sponsors or otherwise promotes events at which firearm-related products are sold or used.

(5) “Firearm-related product” means a firearm, ammunition, reloaded ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions:

(A) The item is sold, made, or distributed in California.

(B) The item is intended to be sold or distributed in California.

(C) It is reasonably foreseeable that the item would be sold or possessed in California.

(D) Marketing or advertising for the item is directed to residents of California.

(6) “Marketing or advertising” means, in exchange for monetary compensation, to make a communication to one or more individuals, or to arrange for the dissemination to the public of a communication, about a product, the primary purpose of which is to encourage recipients of the communication to engage in a commercial transaction.

(7) “Minor” means a natural person under 18 years of age who resides in this state.

(d) This section shall not be construed to require or authorize a firearm industry member to collect or retain age information about users or subscribers of products or services offered.

(e) (1) Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction.

(2) The court shall impose a civil penalty under paragraph (1) for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.

(3) A person harmed by a violation of this section may commence a civil action to recover their actual damages.

(4) The court shall also order injunctive relief, including a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the court deems necessary to prevent the harm described in this section.

(5) Upon a motion, a court shall award reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in an action brought pursuant to this section.

(6) Each copy or republication of marketing or advertising prohibited by this section shall be deemed a separate violation.

(f) The provisions of this section are severable. If any portion, subdivision, paragraph, clause, sentence, phrase, word, or application of this section is for any reason held to be invalid by any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this chapter. The Legislature hereby declares that it would have adopted this section and each and every portion, subdivision, paragraph, clause, sentence, phrase, word, and application not declared invalid or unconstitutional without regard to whether any other portion of this section or application thereof would be subsequently declared invalid.

history: (History: Amended by Stats. 2022, Ch. 771, Sec. 1. (AB 160) Effective September 29, 2022.)

chapter: 39. Marketing Firearms to Minors

path: 8. SPECIAL BUSINESS REGULATIONS > 39. Marketing Firearms to Minors


text:
For purposes of this chapter, the following definitions apply:

(a) (1) “Covered establishment” includes a grocery establishment or a pharmacy establishment.

(A) “Grocery establishment” means a retail store operating in this state that meets both of the following requirements:

(i) The retail store sells primarily household foodstuffs for offsite consumption, including, but not limited to, the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods.

(ii) The sale of any other household supplies or other products by the retail store is secondary to the primary purpose of food sales.

(B) “Pharmacy establishment” means a pharmacy as defined in Section 4037 that meets all of the following requirements:

(i) The pharmacy is a chain community pharmacy or an independent community pharmacy as defined in Section 4001.

(ii) The pharmacy is open to the public.

(iii) The pharmacy is not owned by a health facility as defined in Section 1250 of the Health and Safety Code.

(iv) The pharmacy is not a part of a fully integrated delivery system. For purposes of this clause, a “fully integrated delivery system” means a system that includes a physician organization, health facility or health system, and a nonprofit health care service plan that provides health care services to enrollees in a specific geographic region of the state through an affiliate hospital system and an exclusive contract between the nonprofit health care service plan and a single physician organization in each geographic region to provide those medical services.

(2) Nothing in clause (iii) or (iv) of subparagraph (B) of paragraph (1) shall be construed as exempting a chain community pharmacy as defined in Section 4001 from this chapter. However, a pharmacy location owned and operated by a physician organization, health facility or health system, and a nonprofit health care service plan that is part of a fully integrated delivery system is not a store as described in Section 4001.

(b) “Closure” means the cessation or substantial cessation of industrial or commercial operations by a covered establishment.

history: (History: Added by Stats. 2024, Ch. 625, Sec. 2. (SB 1089) Effective January 1, 2025.)

path: 8. SPECIAL BUSINESS REGULATIONS > 42. Grocery and Pharmacy Establishment Closures


text:
(a) A covered establishment shall, no later than 45 days before a closure of the covered establishment takes effect, perform all of the following acts:

(1) (A) Provide written notice of the closure to all of the following persons or entities:

(i) (I) The employees of the covered establishment affected by the closure and their authorized representatives if the covered establishment employs more than five employees.

(II) Notwithstanding any other provision of this subdivision, a covered establishment that employs five or fewer employees shall, no later than 30 days before a closure of the covered establishment takes effect, provide written notice of the closure to the employees of the covered establishment affected by the closure.

(ii) The Employment Development Department.

(iii) The State Department of Social Services.

(iv) The local workforce development board of any city and county government within which the closure occurs.

(v) The chief elected official of each city and county government within which the closure occurs.

(vi) The California State Board of Pharmacy, if the covered establishment is a pharmacy establishment.

(B) Notwithstanding any other provision of this subdivision, a covered establishment that is a pharmacy as defined in Section 4037, is owned by a person or entity who owns 15 or fewer pharmacies nationwide, and is not a covered establishment as defined in subdivision (a) of Section 1400.5 of the Labor Code shall not be required to provide written notice pursuant to subparagraph (A) to any of the following persons or entities:

(i) The Employment Development Department.

(ii) The State Department of Social Services.

(iii) The local workforce development board of any city and county government within which the covered establishment is located.

(iv) The chief elected official of each city and county government within which the covered establishment is located.

(C) Notwithstanding any other provision of this subdivision, a covered establishment that is a grocery establishment as defined in subdivision (a) of Section 22949.92, is owned by a person or entity who owns 15 or fewer grocery establishments nationwide, and is not a covered establishment as defined in subdivision (a) of Section 1400.5 of the Labor Code shall not be required to provide written notice pursuant to subparagraph (A) to any of the following persons or entities:

(i) The Employment Development Department.

(ii) The local workforce development board of any city and county government within which the covered establishment is located.

(iii) The chief elected official of each city and county government within which the covered establishment is located.

(D) Notwithstanding any other provision of this subdivision, a covered establishment that is also a covered establishment as defined in subdivision (a) of Section 1400.5 of the Labor Code shall only be considered in compliance with the requirements of clauses (ii), (iv), and (v) of subparagraph (A) if the covered establishment provides a written notice as required and pursuant to the timeframe specified in Section 1401 of the Labor Code.

(2) (A) Post a written notice of the closure in a conspicuous location at the entrance to the covered establishment’s premises that includes the planned closure date of the covered establishment.

(B) If the covered establishment is a pharmacy establishment regardless of the number of employees, the written notice described in subparagraph (A) shall also include both of the following:

(i) The name, address, and contact information of the pharmacy establishment where any prescriptions will be transferred.

(ii) The phone number, email address, or internet website where patients may obtain information regarding the process of transferring the prescription to a pharmacy establishment of the patient’s choosing.

(3) Take reasonable steps to provide a written notice of the closure in at least one form other than the forms described in paragraphs (1) and (2) that is in a form in which the covered establishment regularly communicates or advertises to its consumers, if the covered establishment is a grocery establishment, or to its patients, if the covered establishment is a pharmacy establishment.

(b) Except as otherwise required under Section 1401 of the Labor Code or any other provision of the law, a covered establishment shall not be required to provide notice pursuant to this section if either of the following circumstances applies:

(1) A closure is necessitated by a physical calamity or act of war.

(2) The closure is caused by business circumstances that were not reasonably foreseeable at the time that notice would have been required.

(c) (1) A covered establishment that violates this section shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each closure, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney where the covered establishment was located.

(A) In assessing the amount of the civil penalty, the court shall consider relevant circumstances presented by the parties to the case, including, but not limited to, the following circumstances:

(i) The nature and severity of the misconduct.

(ii) The number of violations.

(iii) The length of time over which the misconduct occurred, and the persistence of the misconduct.

(iv) The willfulness of the misconduct.

(v) The defendant’s assets, liabilities, and net worth.

(vi) The number of employees employed by the defendant.

(B) (i) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half shall be paid to the General Fund.

(ii) If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered.

(iii) If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half shall be paid to the treasurer of the county in which the judgment was entered.

(C) The court shall grant a prevailing plaintiff reasonable attorney’s fees and costs.

(2) (A) An employee that does not receive written notice by a covered establishment in violation of this section is entitled to recover in a civil action an additional sum payable as liquidated damages in the amount of one hundred dollars ($100) per employee for each day the rights of an employee under this section are violated and continuing until the violation is cured.

(B) An employee shall only be entitled to either recover the liquidated damages provided for in this paragraph or to enforce a civil penalty as set forth in Section 1403 of the Labor Code, but not both, for the same violation.

(3) Notwithstanding any other provision of this subdivision, a person shall have no right to bring a private cause of action against a covered establishment for a violation of paragraph (3) of subdivision (a).

(d) Except as provided in subparagraph (B) of paragraph (2) of subdivision (c), this section does not preempt or alter any other rights or remedies, including any causes of action, available under any other federal or state law.

chapter: 42. Grocery and Pharmacy Establishment Closures


text:
(a) (1) After receiving a written notice described in Section 22949.92.1 from a covered establishment, the county in which that covered establishment is located shall provide the local workforce development board of the county in which the covered establishment is located with information about safety net programs, including, but not limited to, unemployment insurance, the CalWORKs program, the CalFresh program, and the Medi-Cal program. The local workforce development board of the county in which that covered establishment is located shall provide the covered establishment with information about safety net programs and the availability of local workforce training services.

(2) A covered establishment that receives information from a county or a local workforce development board pursuant to paragraph (1) shall, no later than 30 days before a closure of the covered establishment takes effect, provide any information that it receives from the county and local workforce development board to each employee of the covered establishment.

(b) After receiving a written notice described in Section 22949.92.1 from a grocery establishment, the State Department of Social Services shall transmit to the Food and Nutrition Service of the United States Department of Agriculture information stating that the grocery establishment is closing and the closure date.


text: This Division shall be known and may be referred to as the Stop Tobacco Access to Kids Enforcement Act or the STAKE Act.

history: (History: Added by Stats. 1994, Ch. 1009, Sec. 1. Effective January 1, 1995.)

division: 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT


text:
For purposes of this division, the following terms have the following meanings:

(a) “Department” means the State Department of Public Health.

(b) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.

(c) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

(d) (1) “Tobacco product” means any of the following:

(A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

(B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.

(2) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

history: (History: Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 1. (SB 5 2x) Effective June 9, 2016.)

path: 8.5. STOP TOBACCO ACCESS TO KIDS ENFORCEMENT ACT


text: The Legislature finds and declares that reducing and eventually eliminating the illegal purchase and consumption of tobacco products by any person under 21 years of age is critical to ensuring the long-term health of our state’s citizens. Accordingly, California must fully comply with federal regulations, particularly the “Synar Amendment,” that restrict tobacco sales to minors and require states to vigorously enforce their laws prohibiting the sale and distribution of tobacco products to persons under 18 years of age. Full compliance and vigorous enforcement of the “Synar Amendment” requires the collaboration of multiple state and local agencies that license, inspect, or otherwise conduct business with retailers, distributors, or wholesalers that sell tobacco.

history: (History: Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 2. (SB 7 2x) Effective June 9, 2016.)


text:
The State Department of Public Health shall do all of the following:

(a) Establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through the enforcement activities authorized by this division.

(b) Establish requirements that retailers of tobacco products post conspicuously, at each point of purchase, a notice stating that selling tobacco products to anyone under 21 years of age is illegal and subject to penalties. The notice shall also state that the law requires that all persons selling tobacco products check the identification of a purchaser of tobacco products who reasonably appears to be under 21 years of age. The warning signs shall include a toll-free telephone number to the department for persons to report unlawful sales of tobacco products to any person under 21 years of age.

(c) Provide that primary responsibility for enforcement of this division shall be with the department. In carrying out its enforcement responsibilities, the department shall conduct random, onsite sting inspections at retail sites and shall enlist the assistance of persons that are under 21 years of age in conducting these enforcement activities. The department may conduct onsite sting inspections in response to public complaints or at retail sites where violations have previously occurred, and investigate illegal sales of tobacco products to any person under 21 years of age by telephone, mail, or the Internet. A person under 21 years of age who participates in these enforcement activities is immune from prosecution under any provision of law prohibiting the purchase of these products by a person under 21 years of age.

(d) In accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall adopt and publish guidelines for the use of persons under 21 years of age in inspections conducted pursuant to subdivision (c) that shall include, but not be limited to, all of the following:

(1) An enforcing agency may use persons under 21 years of age in random inspections to determine if sales of cigarettes or other tobacco products are being made to persons under 21 years of age.

(2) A photograph or video recording of the person under 21 years of age shall be taken prior to each inspection or shift of inspections and retained by the enforcing agency for purposes of verifying appearances.

(3) An enforcing agency may use video recording equipment when conducting the inspections to record and document illegal sales or attempted sales.

(4) The person under 21 years of age, if questioned about his or her age, need not state his or her actual age but shall present a true and correct identification if verbally asked to present it. Any failure on the part of the person under 21 years of age to provide true and correct identification, if verbally asked for it, shall be a defense to an action pursuant to this section.

(5) The person under 21 years of age shall be under the supervision of a regularly employed peace officer during the inspection.

(6) All persons under 21 years of age used in this manner by an enforcing agency shall display the appearance of a person under 21 years of age. It shall be a defense to an action under this division that the person’s appearance was not that which could be generally expected of a person under 21 years of age, under the actual circumstances presented to the seller of the cigarettes or other tobacco products at the time of the alleged offense.

(7) Following the completion of the sale, the peace officer accompanying the person under 21 years of age shall reenter the retail establishment and shall inform the seller of the random inspection. Following an attempted sale, the enforcing agency shall notify the retail establishment of the inspection.

(8) Failure to comply with the procedures set forth in this subdivision shall be a defense to an action brought pursuant to this section.

(e) Be responsible for ensuring and reporting the state’s compliance with Section 1926 of Title XIX of the federal Public Health Service Act (42 U.S.C. Sec. 300x-26) and any implementing regulations adopted in relation thereto by the United States Department of Health and Human Services. A copy of this report shall be made available to the Governor and the Legislature.

(f) Provide that any civil penalties imposed pursuant to Section 22958 shall be enforced against the owner or owners of the retail business and not the employees of the business.

history: (History: Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 3. (SB 7 2x) Effective June 9, 2016.)


text: All moneys collected as civil penalties by the department and other state agencies pursuant to this division shall be deposited in the State Treasury to the credit of the Sale of Tobacco to Minors Control Account that is hereby established.

history: (History: Amended by Stats. 2007, Ch. 653, Sec. 4. Effective January 1, 2008.)


text:
(a) Any cigarette or tobacco products distributor or wholesaler as defined in Sections 30011 and 30016 of the Revenue and Taxation Code, and licensed under Article 1 (commencing with Section 30140) of Chapter 3 of Part 13 of Division 2 of the Revenue and Taxation Code or Article 3 (commencing with Section 30155) of Chapter 3 of Part 13 of Division 2 of the Revenue and Taxation Code, and any cigarette vending machine operator granted a seller’s permit under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), shall annually provide to the State Department of Health Services, the names and addresses of those persons to whom they provide tobacco products, including, but not limited to, dealers as defined in Section 30012 of the Revenue and Taxation Code, for the purpose of identifying retailers of tobacco to ensure compliance with this division.

(b) Cigarette vending machine operators granted a seller’s permit under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), shall annually provide to the department their name and the address of each location where cigarette vending machines are placed, in order to ensure compliance with this division.

(c) The data provided, pursuant to this section, shall be deemed confidential official information by the department and shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 36. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)


text: Agents of the state department, while conducting enforcement activities pursuant to this division, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Section inspectors pursuant to Section 106500 of the Health and Safety Code in the same manner as are any Food and Drug Section inspectors of the state department.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 24. Effective September 29, 1996.)


text: All persons engaging in the retail sale of tobacco products shall check the identification of tobacco purchasers, to establish the age of the purchaser, if the purchaser reasonably appears to be under 21 years of age.

history: (History: Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 4. (SB 7 2x) Effective June 9, 2016.)


text:
(a) In addition to the primary enforcement responsibility assumed by the department, another enforcing agency may conduct inspections and assess penalties for violations of this division if the enforcing agency complies with this division and with all applicable laws and guidelines developed pursuant to this division.

(b) State and local enforcement agencies are encouraged, in order to avoid duplication, to share the results of inspections and coordinate with the department when enforcing this division.

history: (History: Amended by Stats. 2007, Ch. 653, Sec. 5. Effective January 1, 2008.)


text:
(a) An enforcing agency may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, according to the following schedule:

(1) A civil penalty of one thousand dollars ($1,000) to one thousand five hundred dollars ($1,500) for the first violation.

(2) A civil penalty of two thousand dollars ($2,000) to three thousand dollars ($3,000) for the second violation at the same location within a five-year period.

(3) A civil penalty of five thousand dollars ($5,000) to ten thousand dollars ($10,000) for the third violation at the same location within a five-year period.

(4) A civil penalty of ten thousand dollars ($10,000) to twenty thousand dollars ($20,000) for a fourth violation within a five-year period.

(5) A civil penalty of at least twenty thousand dollars ($20,000) for five or more violations within a five-year period.

(b) (1) In addition to the civil penalties described in subdivision (a), upon the assessment of a civil penalty for the third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the State Board of Equalization of the violation. The State Board of Equalization shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 in accordance with the following schedule:

(A) A 45-day suspension of the license for a third violation at the same location within a five-year period.

(B) A 90-day suspension of the license for a fourth violation at the same location within a five-year period.

(C) Revocation of the license for a fifth violation at the same location within a five-year period.

(2) The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the penalty imposed by the State Board of Equalization pursuant to paragraph (1).

(c) (1) For each suspension or revocation pursuant to subdivision (b), the civil penalty of two hundred fifty dollars ($250) assessed pursuant to that subdivision, notwithstanding Section 22953, shall be deposited into the Cigarette and Tobacco Products Compliance Fund established pursuant to Section 22990. Moneys from that civil penalty deposited into this fund shall be made available to the State Board of Equalization, upon appropriation by the Legislature, for the purposes of meeting its duties under subdivision (b).

(2) The department shall, upon request, provide to the State Board of Equalization information concerning any person, firm, or corporation that has been assessed a civil penalty for violation of the STAKE Act pursuant to this section when the department has notified the State Board of Equalization of the violation.

(d) The enforcing agency shall assess penalties pursuant to the schedule set forth in subdivision (a) against a person, firm, or corporation that sells, offers for sale, or distributes tobacco products from a cigarette or tobacco products vending machine, or a person, firm, or corporation that leases, furnishes, or services these machines in violation of Section 22960.

(e) An enforcing agency may assess civil penalties against a person, firm, or corporation that sells or deals in tobacco or any preparation thereof, and fails to post conspicuously and keep posted in the place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952. The civil penalty shall be in the amount of two hundred dollars ($200) for the first offense and five hundred dollars ($500) for each additional violation.

(f) An enforcing agency shall assess penalties in accordance with the schedule set forth in subdivision (a) against a person, firm, or corporation that advertises or causes to be advertised a tobacco product on an outdoor billboard in violation of Section 22961.

(g) If a civil penalty has been assessed pursuant to this section against a person, firm, or corporation for a single, specific violation of this division, the person, firm, or corporation shall not be prosecuted under Section 308 of the Penal Code for a violation based on the same facts or specific incident for which the civil penalty was assessed. If a person, firm, or corporation has been prosecuted for a single, specific violation of Section 308 of the Penal Code, the person, firm, or corporation shall not be assessed a civil penalty under this section based on the same facts or specific incident upon which the prosecution under Section 308 of the Penal Code was based.

(h) (1) In the case of a corporation or business with more than one retail location, to determine the number of accumulated violations for purposes of the penalty schedule set forth in subdivision (a), violations of this division by one retail location shall not be accumulated against other retail locations of that same corporation or business.

(2) In the case of a retail location that operates pursuant to a franchise as defined in Section 20001, violations of this division accumulated and assessed against a prior owner of a single franchise location shall not be accumulated against a new owner of the same single franchise location for purposes of the penalty schedule set forth in subdivision (a).

(i) Proceedings under this section shall be conducted pursuant to Section 131071 of the Health and Safety Code, except in cases where a civil penalty is assessed by an enforcing agency other than the department, in which case proceedings shall be conducted pursuant to the procedures of that agency that are consistent with Section 131071 of the Health and Safety Code.

history: (History: Amended by Stats. 2024, Ch. 462, Sec. 3. (SB 1230) Effective January 1, 2025.)


text:
(a) The sum of two million dollars ($2,000,000) shall be transferred annually from the portion of the federal Substance Abuse Prevention and Treatment block grant moneys allocated to the State Department of Health Care Services for administrative purposes related to substance abuse programs, to the Sale of Tobacco to Minors Control Account.

(b) Upon appropriation by the Legislature, moneys in the Sale of Tobacco to Minors Control Account shall be expended by the state department to administer and enforce this division.

history: (History: Amended by Stats. 2013, Ch. 22, Sec. 4. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)


text:
(a) Except as provided in subdivision (b), no cigarette or tobacco product shall be sold, offered for sale, or distributed from a vending machine or appliance, or any other coin or token operated mechanical device designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.

(b) (1) Commencing January 1, 1996, cigarette or tobacco product vending machines or appliances may be located at least 15 feet away from the entrance of a premise issued an on-sale public premises license as defined in Section 23039 by the Department of Alcoholic Beverage Control to sell alcoholic beverages.

(2) As used in this subdivision “at least 15 feet away from the entrance” means within the premises of the licensed establishment and not outside those premises.

(c) This section and subdivision (b) of Section 22958 set forth minimum state restrictions on the sale of cigarettes or tobacco products from vending machines or devices and do not preempt or otherwise prohibit the adoption of a local standard that further restricts access to and reduces the availability of cigarette or tobacco products from vending machines or devices or that imposes a complete ban on the sale of cigarettes or tobacco products from vending machines or devices. A local standard that further restricts or imposes a complete ban on the sale of cigarettes or tobacco products from vending machines or devices shall control in the event of an inconsistency between this section and a local standard.

history: (History: Added by Stats. 1995, Ch. 823, Sec. 2. Effective January 1, 1996.)


text:
(a) No person, firm, corporation, partnership, or other organization shall advertise or cause to be advertised any tobacco products on any outdoor billboard located within 1,000 feet of any public or private elementary school, junior high school, or high school, or public playground.

(b) This section sets forth minimum state restrictions on the advertisement of any tobacco products on outdoor billboards near schools and public playgrounds and does not preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive or complete ban on billboard advertising or on tobacco-related billboard advertising. A local standard that imposes a more restrictive or complete ban on billboard advertising or on tobacco-related billboard advertising shall control in the event of any inconsistency between this section and a local standard.

(c) This section shall not be construed to prohibit the display of a message or advertisement opposing the use of tobacco products. However, this subdivision shall not be construed to permit an advertisement promoting the use of tobacco products by including a message opposing the use of tobacco products within that advertisement.

history: (History: Added by Stats. 1997, Ch. 219, Sec. 3. Effective January 1, 1998.)


text:
(a) For purposes of this section, the following terms have the following meanings:

(1) “Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.

(2) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.

(3) “Tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

(4) “Tobacco store” means a retail business that meets all of the following requirements:

(A) Primarily sells tobacco products.

(B) Generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia.

(C) Does not permit any person under 18 years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, as defined in Section 6903 of the Family Code.

(D) Does not sell alcoholic beverages or food for consumption on the premises.

(b) (1) (A) Except as permitted in subdivision (b) of Section 22960, it is unlawful for a person engaged in the retail sale of tobacco products to sell, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by self-service display. A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958.

(B) A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958.

(2) It is unlawful for a person engaged in the retail sale of blunt wraps to place or maintain, or to cause to be placed or maintained, any blunt wraps advertising display within two feet of candy, snack, or nonalcoholic beverage displayed inside any store or business.

(3) It is unlawful for any person or business to place or maintain, or cause to be placed or maintained, any blunt wrap advertising display that is less than four feet above the floor.

(c) Subdivision (b) shall not apply to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, provided that in the case of cigars they are generally not sold or offered for sale in a sealed package of the manufacturer or importer containing less than six cigars. In any enforcement action brought pursuant to this division, the retail business that displays any of the items described in this subdivision in a self-service display shall have the burden of proving that it qualifies for the exemption established in this subdivision.

(d) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section.

(e) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.

history: (History: Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 3. (SB 5 2x) Effective June 9, 2016.)