Retail tobacco licenses.

The Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarette and tobacco products in this state, and specifies instances when the board is not required to issue a license. Existing law requires an application for a license to be filed on or before April 15, 2004. Existing law makes it a misdemeanor to sign the application if the signer knows the application has false statements. Existing law, the Stop Tobacco Access to Kids Enforcement Act, or STAKE Act, establishes various requirements for retailers relating to tobacco sales to minors. This bill would make the location of a retail location within 600 feet of a public or private elementary or secondary school on or after January 1, 2013, a violation of the STAKE Act, and would prohibit the issuance of a license for a retail location that is located within 600 feet of a public or private elementary or secondary school on or after January 1, 2013. This bill would require the application to include a statement regarding the location. This bill would require the board to cancel licenses for retail locations issued on or after January 1, 2013, if these licenses were wrongfully issued, as specified, would delete the April 15, 2004, application deadline, and would make conforming changes. By changing the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.