Cigarette or tobacco product retailers: new retail locations and sale of nitrous oxide.
Summary
The Stop Tobacco Access to Kids Enforcement (STAKE) Act requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through specified enforcement activities. In addition to the primary enforcement responsibility assumed by the department, existing law authorizes other state and local governmental agencies to conduct inspections and assess penalties for violations of the act, as specified, and encourages state and local enforcement agencies to share the results of inspections and coordinate with the department when enforcing the act. In this regard, existing law authorizes an enforcing agency to assess specified 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, cigarettes, or cigarette papers. Existing law, upon the assessment of a civil penalty for the 3rd, 4th, or 5th violation, requires the department to notify the California Department of Tax and Fee Administration (CDTFA) , and requires the CDTFA to assess civil penalties and suspend or revoke a license issued under the Cigarette and Tobacco Products Licensing Act of 2003. This bill, effective July 1, 2027, would prohibit a new retail location for a retailer of cigarettes or tobacco products from being located within a 600-foot radius of a school or a daycare center unless the local jurisdiction specifies a radius greater than 600 feet. The bill would also prohibit a retailer of cigarettes or tobacco products from possessing, storing, owning, or selling nitrous oxide or paraphernalia relating to the consumption of nitrous oxide. The bill would authorize an enforcement agency to assess civil penalties for a violation of those provisions. The bill would authorize the CDTFA to then assess a civil penalty and suspend or revoke a license for a violation of those provisions. The bill would exempt a grocery store, as defined, from the bill's provisions and would define other terms relating to the bill's provisions. 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 an exception applies. This bill, on and after July 1, 2027, would include among those exceptions an application for a new license for a retail location within 600 feet of a school or daycare center or a greater radius established by the local jurisdiction, as specified. The California Constitution provides for the establishment of the State Board of Equalization, which, before July 1, 2017, had primary responsibility for most of the state's duties, powers, and responsibilities regarding the administration of taxes and fees. Existing law, on July 1, 2017, transferred to the CDTFA various duties, powers, and responsibilities of the State Board of Equalization, including administration of the STAKE Act, as specified. This bill would change references in the provisions of the STAKE Act amended by this bill from the "State Board of Equalization" to the "California Department of Tax and Fee Administration" to reflect the transfer of the board's duties, powers, and responsibilities to the CDTFA.
Bill statuspassed3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Aug 2026
Senate Passage
May 2026
Assembly Passage
Governor
Introduced Feb 20, 2026Last action Aug 13, 2026
Maddy AI version diff · 5 comparisons
What changed between versions
07/01/26 - Amended Assembly→SB1314·5 edits
MODERATE
The Assembly amendment broadened the bill's scope from targeting only 'smoke shops' (retailers with 20%+ floor area devoted to tobacco) to covering all 'retailers of cigarettes or tobacco products' for the 600-foot radius restriction near schools and daycares. However, it simultaneously narrowed the restriction to apply only to NEW retail locations rather than existing ones, and added an explicit grocery store exemption. The license denial provision in Section 22973.1 was also revised to only block new license applications on or after July 1, 2027, with carve-outs for renewals of existing retailers and grocery stores.
SCOPE
The 600-foot radius restriction near schools and daycares was expanded from applying only to 'smoke shops' (a narrow category defined by floor area percentage) to applying to all 'retailers of cigarettes or tobacco products,' significantly widening the class of businesses affected.
The 600-foot radius restriction was narrowed to apply only to NEW retail locations, meaning existing cigarette and tobacco product retailers within 600 feet of a school or daycare center are not displaced or required to close.
ELIGIBILITY
A grocery store exemption was added to the definition of 'retail location' in Section 22965(a), explicitly excluding grocery stores (as defined in Health and Safety Code Section 113948(e)(3)) from being treated as retailers subject to the bill's restrictions.
REQUIREMENT
Section 22973.1(a)(5) was changed from a blanket denial of licenses for any smoke shop within 600 feet of a school or daycare to a denial only for NEW license applications on and after July 1, 2027, with explicit exceptions for (A) renewals of existing retailers and (B) new or renewed licenses for grocery stores.
DEFINITION
The bill title and legislative counsel digest were changed from 'Smoke shops: locations, hours of operation' to 'Cigarette or tobacco product retailers: new retail locations and sale of nitrous oxide,' reflecting the broader scope and the focus on new locations.
The Assembly amendment narrows the bill's location restriction to apply only to new retail locations rather than all smoke shops, adds an exemption for grocery stores, removes CDTFA's authority to create a separate license category for smoke shops, and explicitly exempts existing retailers from the 600-foot buffer when renewing their licenses. These changes significantly reduce the bill's impact on currently operating businesses while still preventing new tobacco retail locations near schools and daycares.
Scope change
The bill's scope is narrowed in two important ways: (1) the location restriction now applies only to new retail locations rather than all smoke shops, and (2) grocery stores are carved out entirely. The removal of CDTFA's rulemaking authority for a separate smoke shop license category also reduces the regulatory framework the bill would establish.
SCOPE
The 600-foot location restriction now applies only to NEW retail locations for smoke shop retailers, rather than to all existing and future smoke shop locations. Existing smoke shops already within 600 feet of a school or daycare are no longer subject to the restriction.
The language 'in existence at the time the smoke shop's license is issued' is removed from the school/daycare center reference, meaning the 600-foot buffer applies to all schools and daycare centers regardless of when they were established, not just those existing at the time of licensing.
ELIGIBILITY
A new exemption is added for grocery stores (as defined in Section 113948(e)(3) of the Health and Safety Code). Grocery stores are excluded from the definition of 'retailer' for purposes of this section, and the 600-foot licensing restriction does not apply to new or renewal licenses for grocery stores.
A new provision explicitly exempts the renewal of a license for an existing retailer from the 600-foot location restriction, ensuring that currently operating smoke shops can renew their licenses even if they are within 600 feet of a school or daycare center.
REQUIREMENT
The provision authorizing CDTFA to establish regulations for smoke shop operations, including creating a separate license category with distinct administrative processes and fee rates, is entirely removed from the bill.
The May 14 amendment adds a new licensing enforcement mechanism by amending Section 22973.1 of the Business and Professions Code to allow CDTFA to deny tobacco retail licenses to smoke shops located within the prohibited distance from schools or daycare centers. It also narrows regulatory authority over smoke shop operations from both the State Department of Public Health and CDTFA to CDTFA alone, and adds Senator Rubio as a coauthor.
ENFORCEMENT
New Section 22973.1 amendment (SEC. 4) adds a licensing exception: CDTFA must deny a tobacco retail license if the applicant is a smoke shop located within 600 feet of a school or daycare center (or a greater local radius). This creates a front-end enforcement tool that prevents non-compliant smoke shops from obtaining licenses in the first place, complementing the existing civil penalty and suspension/revocation framework.
Section 22965(e) regulatory authority was narrowed. The old version allowed 'the department or the California Department of Tax and Fee Administration' to establish regulations for smoke shop operations. The new version limits this authority to CDTFA only, removing the State Department of Public Health as a potential rulemaking body.
SCOPE
The bill's stated scope expanded from amending Section 22958 and adding Section 22965 to also amending Section 22973.1 of the Business and Professions Code, reflecting the new licensing denial provision.
The April 27 amendment to SB 1314 makes several substantive changes: it shortens the bill's short title, adds a co-author, removes a later effective date (January 1, 2028) leaving only July 1, 2027, and narrows local government flexibility by requiring that any locally specified buffer zone radius be greater than 600 feet rather than simply 'different.' It also removes an explicit defense provision for local radius specifications.
TIMELINE
The effective date was changed from a dual date of January 1, 2028 and July 1, 2027 to only July 1, 2027, removing the later date entirely.
SCOPE
Local jurisdictions can now only specify a buffer zone radius greater than 600 feet (previously they could specify any 'different' radius, which could have been smaller). This removes local authority to set a shorter distance from schools and day care centers.
ENFORCEMENT
The explicit provision stating that a local jurisdiction's specification of a different radius would be a defense to an enforcement action was removed from Section 22965(b).
TECHNICAL
The bill's short title was changed from 'California Smoke Shop Regulation and Safety Youth Over Smoke Act' to simply 'Youth Over Smoke Act.'
Senator Weber Pierson was added as a co-author of the bill.
The Senate amended SB 1314 to move up the effective date of the smoke shop buffer zone restriction from January 1, 2028 to July 1, 2027, restrict local jurisdictions so they can only set a radius greater than 600 feet (not any different radius), add service station kiosks to the exclusion from the net floor area definition, and rename the bill to include 'Youth Over Smoke' in its title.
TIMELINE
The effective date for the 600-foot buffer zone requirement around schools and daycare centers was moved up from January 1, 2028 to July 1, 2027, bringing the restriction into force six months earlier.
SCOPE
Local jurisdictions can now only specify a radius greater than 600 feet, rather than any different radius. This means local governments can no longer set a smaller buffer zone than the state minimum; they can only increase it.
DEFINITION
The definition of 'net floor area' was expanded to exclude service station kiosks from the calculation. This means tobacco sales conducted from a gas station kiosk will not count toward the 20% threshold that classifies a retailer as a smoke shop, effectively exempting such kiosks from the bill's restrictions.
TECHNICAL
The bill was renamed from the 'California Smoke Shop Regulation and Safety Act' to the 'California Smoke Shop Regulation and Safety Youth Over Smoke Act.'
Floor votes · Senate May 26, 2026
How they voted
30–2
Passed · 8 other
Total votes 40
May 26, 2026
D
Democratic30
29 Yea1
96% Yea
R
Republican10
1 Yea2 Nay7
20% Nay
Your representatives
Vote distribution
All YeaAll NayMixedNo data
Full legislative history
Actions timeline
Total actions
24
Key actions
11
Committee
5
Amendments
7
Aug 13, 2026
Lower · Passed
August 13 hearing: Held in committee and under submission.
lower
Aug 5, 2026
Other
August 5 set for first hearing. Placed on suspense file.
lower
Jul 1, 2026
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jun 30, 2026
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 4.) (June 30).
lower
Jun 24, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on B. & P. (Ayes 14. Noes 0.) (June 23). Re-referred to Com. on B. & P.
lower
Jun 8, 2026
Committee
Referred to Coms. on HEALTH and B. & P.
lower
May 26, 2026
Reading-1
In Assembly. Read first time. Held at Desk.
lower
May 26, 2026
Upper · Passed
Read third time. Passed. (Ayes 30. Noes 2. Page 4451.) Ordered to the Assembly.
upper
May 18, 2026
Reading-1
Read second time. Ordered to third reading.
upper
May 14, 2026
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 14, 2026
Upper · Passed
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 4272.) (May 14).
upper
May 12, 2026
Other
Set for hearing May 14.
upper
May 11, 2026
Other
May 11 hearing: Placed on APPR. suspense file.
upper
May 4, 2026
Other
Set for hearing May 11.
upper
Apr 27, 2026
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 23, 2026
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 4011.) (April 22).
upper
Apr 14, 2026
Other
Set for hearing April 22.
upper
Apr 8, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 4. Noes 0. Page 3795.) (April 8). Re-referred to Com. on HEALTH.
upper
Apr 6, 2026
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
upper
Mar 25, 2026
Other
Set for hearing April 8.
upper
Mar 4, 2026
Committee
Referred to Coms. on REV. & TAX. and HEALTH.
upper
Feb 23, 2026
Reading-1
Read first time.
upper
Feb 23, 2026
Other
From printer. May be acted upon on or after March 23.
upper
Feb 20, 2026
Introduced
Introduced. To Com. on RLS. for assignment. To print.