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Business Taxes Law Guide—Revision 2024

Cigarette and Tobacco Products Licensing Act

Business and Professions Code

Division 8.6. Cigarette and Tobacco Products Licensing Act of 2003

Chapter 2. License for Retailers of Cigarettes and Tobacco Products

Section 22974.8


22974.8. Sales to minors; activation and penalties. [Repealed by Stats. 2012, Ch. 335 (AB 1301), operative January 1, 2013.]

22974.8. Sales to minors; penalties. (a) Except as provided in subdivision (b), the board shall suspend or revoke the license of a retailer upon notification by the State Department of Public Health pursuant to subdivision (b) of Section 22958.

(b) Notwithstanding any other provision regarding the suspension or revocation of a license pursuant to this part, the board shall provide a licensee with at least 10 days' written notice of a pending suspension or revocation pursuant to this section and an opportunity to appeal the suspension or revocation and the civil penalty assessed pursuant to subdivision (b) of Section 22958 only to correct a mistake or clerical error. The board shall not accept or consider an appeal of suspension or revocation under this section if the appeal is founded upon the grounds of whether the retailer, or any employee or agent of the retailer, violated the STAKE Act (Division 8.5 (commencing with Section 22950)) for which violation civil penalties are imposed by the State Department of Public Health pursuant to subdivision (a) of Section 22958. This section shall not be construed to prevent the board from modifying its action on its own to correct a mistake or clerical error.

History—Added by Stats. 2012, Ch. 335 (AB 1301), operative January 1, 2013.