§ 22973.1. — 22973.1. (Amended by Stats. 2010, Ch. 607, Sec. 3.)

California § 22973.1.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 8.6.: DIVISION 8.6. CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003
• Ch. 2.: CHAPTER 2. License for Retailers of Cigarettes and Tobacco Products

Text

(a)
The board shall issue a license to a retailer upon receipt of a completed application and payment of the fees prescribed in Section 22973, unless any of the following apply:
(1)
The retailer, or if the retailer is not an individual, any person controlling the retailer, has previously been issued a license that is suspended or revoked by the board for violation of any of the provisions of this division.
(2)
The application is for a license or renewal of a license for a retail location that is the same retail location as that of a retailer whose license was revoked or is subject to revocation proceedings for
violation of any of the provisions of this division, unless:
(A)
It has been more than five years since a previous license for the retail location was revoked.
(B)
The person applying for the license provides the board with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm’s length transaction. For purposes of this section, an “arm’s length transaction” is defined as a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this division that occurred at the retail location, is presumed not to be made at “arm’s length.”
(3)
The retailer, or if the retailer is not an individual, any person controlling the retailer, has been convicted of a felony pursuant to Section 30473 or 30480 of the Revenue and Taxation Code.
(4)
The retailer does not possess all required permits or licenses required under the Revenue and Taxation Code.
(b)
(1)
Any retailer who is denied a license may petition for a redetermination of the board’s denial of the license within 30 days after service upon that retailer of the notice of the denial of the license. If a petition for redetermination is not filed within the 30-day period, the determination of denial becomes final at the expiration of the 30-day period.
(2)
Every petition for redetermination shall be in writing and shall
state the specific grounds upon which the petition is founded. The petition may be amended to state additional grounds at anytime prior to the date on which the board issues its order or decision upon the petition for redetermination.
(3)
If the petition for redetermination is filed within the 30-day period, the board shall reconsider the determination of the denial and, if the retailer has so requested in the petition, shall grant the retailer an oral hearing and shall give the retailer at least 10 days’ notice of the time and place of the hearing. The board may continue the hearing from time to time as may be necessary.
(4)
The order or decision of the board upon a petition for redetermination becomes final 30 days after mailing of notice thereof.

Legislative History

Amended by Stats. 2010, Ch. 607, Sec. 3. (AB 2733) Effective January 1, 2011.