Cigarette and Tobacco Products Licensing Act of 2003.

Existing law makes it a misdemeanor for a person to dispense or distribute nitrous oxide to a person if the distributor knows or should know that the person is going to use the nitrous oxide for certain unlawful purposes and that person proximately causes great bodily injury or death to that person or another person. Existing law also requires a person who dispenses or distributes nitrous oxide to record each transaction involving the dispensing or distribution of nitrous oxide in a written or electronic document, as specified. This bill would require a court to order the suspension, for up to one year, of the business license of a person who knowingly violates either of those provisions after having been previously convicted of a violation of the same provision, except as specified, and would authorize the prosecuting entity to notify the California Department of Tax and Fee Administration of convictions for violations of those provisions. Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires the California Department of Tax and Fee Administration to issue a license to a retailer to engage in the sale of cigarettes or tobacco products upon receipt of a completed application and payment of certain fees unless any of certain exceptions apply, including that the retailer, or if the retailer is not an individual, any person controlling the retailer, has been convicted of certain felonies related to evading taxes on cigarette and tobacco products. The act also subjects a license issued under the act to revocation or suspension for violations of the act and the Revenue and Taxation Code, as specified. This bill would additionally except from the requirement that the board issue a license a retailer that has been convicted of certain crimes relating to the distribution of nitrous oxide, including those described above. The bill would require the department to provide a licensee with at least 10 days' written notice of a pending suspension or revocation and an opportunity to appeal the suspension or revocation only to correct a mistake or clerical error, as specified. The bill would also additionally subject a license issued under the act to revocation or suspension for commission of those crimes.