2005 California Health and Safety Code Sections 118950 Article 3. Tobacco Distribution

118950.  (a) The Legislature hereby finds and declares the
following:
   (1) Smoking is the single most important source of preventable
disease and premature death in California.
   (2) Smoking is responsible for one-quarter of all death caused by
fire.
   (3) Tobacco-related disease places a tremendous financial burden
upon the persons with the disease, their families, the health care
delivery system, and society as a whole.
   (4) Despite laws in at least 44 states prohibiting the sale of
tobacco products to minors, each day 3,000 children start using
tobacco products in this nation.  Children under the age of 18 years
consume 947 million packages of cigarettes in this country yearly.
   (5) The earlier a child begins to use tobacco products, the more
likely it is that the child will be unable to quit.
   (6) More than 60 percent of all smokers begin smoking by the age
of 14 years, and 90 percent begin by the age of 19 years.
   (7) Use of smokeless tobacco products among minors in this state
is increasing.
   (8) Smokeless tobacco or chewing tobacco is harmful to the health
of individuals and may cause gum disease, mouth or oral cancers,
increased tooth decay and leukoplakia.
   (9) Tobacco product advertising and promotion are an important
cause of tobacco use among children.  More money is spent advertising
and promoting tobacco products than any other consumer product.
   (10) Distribution of tobacco product samples and coupons is a
recognized source by which minors obtain tobacco products, beginning
the addiction process.
   (11) It is the intent of the Legislature that keeping children
from beginning to use tobacco products in any form and encouraging
all persons to quit tobacco use shall be among the highest priorities
in disease prevention for the State of California.
   (b) It is unlawful for any person, agent, or employee of a person
in the business of selling or distributing smokeless tobacco or
cigarettes from engaging in the nonsale distribution of any smokeless
tobacco or cigarettes to any person in any public building, park or
playground, or on any public sidewalk, street, or other public
grounds, or on any private property that is open to the general
public.
   (c) For purposes of this section:
   (1) "Nonsale distribution" means to give smokeless tobacco or
cigarettes to the general public at no cost, or at nominal cost, or
to give coupons, coupon offers, or rebate offers for smokeless
tobacco or cigarettes to the general public at no cost or at nominal
cost.  Distribution of tobacco products, coupons, coupon offers, or
rebate offers in connection with the sale of another item, including
tobacco products, cigarette lighters, magazines, or newspapers shall
not constitute nonsale distribution.
   (2) "Smokeless tobacco" means (A) a loose or flat, compressed cake
form of tobacco that may be chewed or held in the mouth or (B) a
shredded, powdered, or pulverized form of tobacco that may be inhaled
through the nostrils, chewed, or held in the mouth.
   (3) "Public building, park, playground, sidewalk, street, or other
public grounds" means any structure or outdoor area that is owned,
operated, or maintained by any public entity, including, but not
limited to:  city and county streets and sidewalks, parade grounds,
fair grounds, public transportation facilities and terminals, public
reception areas, public health facilities, public recreational
facilities, and public office buildings.
   (4) "Private property that is open to the general public" means
any structure or outdoor area that is owned, operated, or maintained
by any private entity and that is open for entry or use by the
general public, whether or not a fee or charge is imposed for entry
or use.
   (d) Any person who violates this section shall be liable for a
civil penalty of not less than two hundred dollars ($200) for one
act, five hundred dollars ($500) for two acts, and one thousand
dollars ($1,000) for each subsequent act constituting a violation.
Each distribution of a single package, coupon, coupon offer, or
rebate offer to an individual member of the general public in
violation of this section shall be considered a separate violation.
   (e) Neither this section nor any other provision of law shall
invalidate an ordinance of, or prohibit the adoption of an ordinance
by, a city or county regulating distribution of smokeless tobacco or
cigarette samples within its boundaries that is more restrictive than
this section.  An ordinance that imposes greater restrictions on the
sale or distribution of tobacco than this section shall govern, to
the extent of any inconsistency between it and this section.
   (f) This section does not apply to any public building, park,
playground, sidewalk, street, or other public grounds, or any private
property that is open to the general public where minors are
prohibited by law.  This section also shall not apply to any public
building, park, playground, sidewalk, street, or other public grounds
open to the general public and leased for private functions where
minors are denied access by a peace officer or licensed security
guard on the premises.
   (g) This section does not apply to any private property that is
open to the general public where minors are denied access to a
separate nonsale distribution area by a peace officer or licensed
security guard stationed at the entrance of the separate nonsale
distribution area and the separate nonsale distribution area is
enclosed so as to prevent persons outside the separate nonsale
distribution area from seeing the nonsale distribution unless they
undertake unreasonable efforts to see inside the area.