SB 1314 California Senate · 2025-2026 Regular Session

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 status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Aug 2026
Senate Passage
May 2026
Assembly Passage
Governor
Introduced Feb 20, 2026 Last 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.

Floor votes · Senate May 26, 2026

How they voted

302
Passed · 8 other
Total votes 40
May 26, 2026
D Democratic30
29 Yea 1
96% Yea
R Republican10
1 Yea 2 Nay 7
20% Nay
Vote distribution
All Yea All Nay Mixed No 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
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
Upper · Passed
Read third time. Passed. (Ayes 30. Noes 2. Page 4451.) Ordered to the Assembly.
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
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 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 4, 2026
Committee
Referred to Coms. on REV. & TAX. and HEALTH.
upper
Feb 20, 2026
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor

Sponsors