Bill Text: CA AB1639 | 2019-2020 | Regular Session | Amended
Bill Title: Tobacco and cannabis products.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2020-07-27 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. [AB1639 Detail]
Download: California-2019-AB1639-Amended.html
Amended
IN
Assembly
July 02, 2019 |
Introduced by Assembly |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The Alcoholic Beverage Control Act contains limitations on sales commonly known as “tied-house” restrictions, which generally prohibit a manufacturer, wholesaler, and specified others from furnishing, giving, or lending any money or other thing of value to any person engaged in operating, owning, or maintaining any licensed premises. Existing law permits a manufacturer or wholesaler to furnish, give, rent, lend, or sell equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were lost or damaged as a result of a natural disaster and whose premises are located in an area proclaimed to be in a state of disaster by the Governor, except for transactions that occur 3 months or more after the Governor proclaims an area to be in a state of disaster.
This bill would
revise the above-described exception to permit a manufacturer or wholesaler to furnish, give, rent, lend, or sell equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were destroyed or damaged as a result of a fire, any act of God, or other force beyond the control of the retailer and whose premises are located in an area proclaimed to be in a state of disaster by the Governor, except for transactions that occur 90 days or more after the Governor proclaims an area to be in a state of disaster or after a fire, any act of God, or other force beyond the control of the retailer. The bill would authorize the Director of Alcoholic Beverage Control, in their discretion, to extend the 90-day period by an additional 90 days.
This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a)Notwithstanding any other provision of this division, a manufacturer or wholesaler, or any officer, director, or agent of any of those persons may furnish, give, rent, lend, or sell, directly or indirectly, any equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were destroyed or damaged as a result of
a fire, any act of God, or other force beyond the control of the retailer or whose premises are located in an area proclaimed to be in a state of disaster by the Governor.
(b)(1)This section does not apply to transactions that occur 90 days or more after the Governor proclaims an area to be in a state of disaster or after a fire, any act of God, or other force beyond the control of the retailer.
(2)The director, in their discretion, may extend the 90-day period by an additional 90 days.
(c)Nothing in this section is intended to affect or otherwise limit Section 23104.1, 23104.2, or 23104.3.
SECTION 1.
Section 22952 of the Business and Professions Code is amended to read:22952.
The State Department of Public Health shall do all of the following:SEC. 2.
Section 22956 of the Business and Professions Code is amended to read:22956.
SEC. 3.
Section 22958 of the Business and Professions Code is amended to read:22958.
(a) (1) An enforcing agency may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 years of age, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, according to the following schedule:SEC. 4.
Section 22962 of the Business and Professions Code is amended to read:22962.
(a) For purposes of this section, the following terms have the following meanings:SEC. 5.
Section 22964.5 is added to the Business and Professions Code, to read:22964.5.
(a) No person under 21 years of age may enter into a tobacco store.SEC. 6.
Section 119408 is added to the Health and Safety Code, to read:119408.
(a) An electronic cigarette manufacturer shall not advertise, promote, or package electronic cigarettes in a manner that does either of the following:SEC. 7.
Section 119409 is added to the Health and Safety Code, to read:119409.
(a) A tobacco retailer licensed under Division 8.6 (commencing with Section 22970) of the Business and Professions Code and an online retailer shall not sell flavored electronic cigarettes, except as provided in subdivision (b).SEC. 8.
Section 119410 is added to the Health and Safety Code, to read:119410.
(a) On or before January 1, 2021, the State Department of Public Health and the State Department of Education shall report to the Legislature, the Senate Committee on Health, and the Assembly Committee on Governmental Organization on all of the following:SEC. 9.
Section 308 of the Penal Code is amended to read:308.
(a) (1) (A) (i) Every(ii)
(d)
(e)
(f)