Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011

Cigarette and Tobacco Products Licensing Act Law


Section 22980.2

22980.2. Penalty for unlicensed persons. (a) A person or entity that engages in the business of selling cigarettes or tobacco products in this state either without a valid license or after a license has been suspended or revoked, and each officer of any corporation that so engages in this business, is guilty of a misdemeanor punishable as provided in Section 22981.

(b) Each day after notification by the board or by a law enforcement agency that a manufacturer, wholesaler, distributor, importer, retailer, or any other person required to be licensed under this deletiondivision offers cigarette and tobacco products for sale or exchange without a valid license for the location from which they are offered for sale shall constitute a separate violation.

(c) Continued sales or gifting of cigarettes and tobacco products either without a valid license or after a notification of suspension or revocation shall constitute a violation deletionpunishable as provided in Section 22981, and shall result in the seizure of all cigarettes and tobacco products in the possession of the person by the board or a law enforcement agency. Any cigarettes and tobacco products seized by the board or by a law enforcement agency shall be deemed forfeited.

History.—Stats. 2004, Ch. 82 (AB 2491), in effect June 30, 2004, added "the board or by" after "Each day after notification by" in subdivision (b). Stats. 2005, Ch. 512 (AB 892), in effect January 1, 2006, added "without a license or" after "Continued sales" in subdivision (c). Stats. 2010, Ch. 607 (AB 2733), in effect January 1, 2011, added "either" after "in this state", added "valid" after "without a", and added "this" after "so engages in" in subdivision (a); substituted "division" for "act" after licensed under this" in subdivision (b); added "or gifting of cigarettes and tobacco products either" after "Continued sales", added "valid" after "without a", and substituted "punishable as provided in" for "of" after "constitute a violation" in subdivision (c).