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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 5. Inspections, Prohibitions, and Penalties
Section 22980
22980. Inspection authority. (a) A peace officer or department employee granted limited peace officer status pursuant to paragraph (6) of subdivision (a) of Section 830.11 of the Penal Code, upon presenting appropriate credentials, is authorized to enter any place as described in paragraph (2) or (3) and to conduct inspections in accordance with all of the following:
(1) Inspections shall be performed in a reasonable manner and at times that are reasonable under the circumstances, taking into consideration the normal business hours of the place to be entered.
(2) Inspections may be at any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of activities involving evasion of cigarette or tobacco products tax and violations of Section 30165.1 of the Revenue and Taxation Code may be discovered.
(3) Inspections may be at any place where evidence of a violation of Section 104559.1 or 104559.5 of the Health and Safety Code may be discovered.
(4) Inspections shall be requested or conducted no more than once in a 24-hour period.
(b) Any person that refuses to allow an inspection shall be subject to the penalties imposed pursuant to Section 22981.
History—Stats. 2010, Ch. 265 (AB 2496), in effect January 1, 2011, added "and violations of Section 30165.1 of the Revenue and Taxation Code" after "or tobacco products tax" in paragraph (3) of subdivision (a). Stats. 2024, Ch. 849 (AB 3218), in effect January 1, 2025, redesignated the former paragraph (a)(1) as the new first sentence of subdivision (a); substituted "A peace officer or department" for "Any peace officer, or board" before "employee" in subdivision (a); added "(2) or" after "described in paragraph" in subdivision (a); substituted "all of the following:" for "the following paragraph, inclusive." after "in accordance with" in subdivision (a); renumbered former paragraphs (a)(2) and (a)(3) as new paragraphs (a)(1) and (a)(2), respectively; and added new paragraph (a)(3).