AB 628

This bill allows a municipality that has issued a cigarette or tobacco products

retailer license to suspend, revoke, or refuse to renew the license under certain

circumstances, and establishes a procedure for doing so.

Under current law, local municipalities issue licenses to retailers to sell

cigarettes or tobacco products. Current law provides that a license is valid for one

year unless sooner revoked. Under current law, a retailer's license is terminated

upon conviction of its second or subsequent violation of selling cigarettes or tobacco

products without a license, if the retailer is found guilty of failing to exercise due care.

Current law also provides that a court must suspend a retailer's license if the court

finds the retailer guilty of two or more violations of certain restrictions relating to

sales to minors within a 12-month period.

This bill allows a municipality to suspend, revoke, or refuse to renew a cigarette

and tobacco products retailer license if the retailer does any of the following: 1)

violates certain restrictions relating to the sale of cigarettes and tobacco; 2) keeps

premises that are disorderly, riotous, indecent, or improper; 3) has failed to maintain

the premises according to sanitation standards; 4) has permitted known criminals

or prostitutes to loiter on the premises; 5) has been convicted of manufacturing,

distributing, or delivering, or possessing with the intent to manufacture, distribute,

or deliver, a controlled substance; or 6) knowingly allows another person on the

licensed premises to manufacture, distribute, or deliver, or possess with the intent

to manufacture, distribute, or deliver, a controlled substance.

Under the bill, a resident or authorized employee of the municipality that

issued the retailer license may file a sworn complaint with the municipal clerk,

alleging one of these grounds for suspension, revocation, or nonrenewal. The person

holding the retailer license is then entitled to a hearing before the municipal

governing body. The municipal governing body must find the allegations of the

complaint to be true and find that there are sufficient grounds for suspension,

revocation, or nonrenewal before suspending, revoking, or refusing to renew the

license. If a retailer's license is revoked following a hearing, the retailer may not

obtain another such license for 12 months. The municipal governing body's decision

to suspend, revoke, or not renew a license, or its decision not to act, may be reviewed

by the circuit court for the county in which the license was issued.

Under current law, it is a defense to any prosecution for selling cigarettes or

tobacco products to a minor if the retailer can show that the purchaser falsely

represented that he or she was at least 18 years of age, presented an identification

card, and appeared to be at least 18, and that the sale was made in good faith. The

bill provides that this is also a defense to a complaint, made under the procedures

described in this bill, that alleges the retailer sold cigarettes or tobacco products to

a minor.