Today's Law As Amended


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



As Amends the Law Today


SECTION 1.

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

22960.
 (a) Except as provided in subdivision (b), no cigarette  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  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, an electronic cigarette has the meaning set forth in Section 119405 of the Health and Safety Code.