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SB-648 Electronic cigarettes: restriction of use and advertising.(2013-2014)

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SB648:v94#DOCUMENT

Amended  IN  Assembly  July 02, 2014
Amended  IN  Assembly  June 18, 2014
Amended  IN  Assembly  August 05, 2013
Amended  IN  Senate  May 07, 2013
Amended  IN  Senate  April 22, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill No. 648


Introduced by Senator Corbett

February 22, 2013


An act to amend Section 22960 of the Business and Professions Code, relating to electronic cigarettes.


LEGISLATIVE COUNSEL'S DIGEST


SB 648, as amended, Corbett. Electronic cigarettes: restriction of use and advertising.
Existing law defines an electronic cigarette as a device that can provide an inhalable dose of nicotine by delivering an inhalable a vaporized solution. Existing law, to the extent not preempted by federal law, makes it unlawful for a person to sell or otherwise furnish an electronic cigarette to a person under 18 years of age.
Existing law, the Stop Tobacco Access to Kids Enforcement Act or the STAKE Act, requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to minors and to enforce the provisions of the act. Among other things, the act prohibits a cigarette or tobacco product from being 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, unless the machine or appliance is located at least 15 feet away from the entrance of a premise that has been issued an on-sale public premises license to sell alcoholic beverages, as specified. The act authorizes the adoption of more restrictive local standards that further restrict access to and reduce the availability of cigarette or tobacco products from vending machines or devices or ban the sale entirely.
This bill would make the provision of the STAKE Act restricting the sale of cigarette and tobacco products from vending machines applicable to electronic cigarettes, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 22960 of the Business and Professions Code is amended to read:

22960.
 (a) Except as provided in subdivision (b), no cigarette, electronic 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 appliances, and, commencing January 1, 2015, electronic cigarette 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 cigarettes, electronic 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, electronic cigarette, or tobacco products from vending machines or devices or that imposes a complete ban on the sale of cigarettes cigarettes, electronic 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 cigarettes, electronic cigarettes, or tobacco products from vending machines or devices shall control in the event of an inconsistency between this section and a local standard.
(d) For purposes of this section, a cigarette includes an electronic cigarette, as defined cigarette has the meaning set forth in Section 119405 of the Health and Safety Code.