Cal. Code Regs. tit. 17 § 6903

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 6903 - Inspections; Decoys

(a) The Department shall conduct inspections using decoys who shall present the appearance of an individual under 21 years of age. For purposes of verifying that a decoy appears to be under 21 years of age at the time of the inspection, a photograph or video recording of the decoy shall be taken prior to and on the same day as the inspection and shall be retained by the Department.

(b) A decoy, if requested, shall present valid identification.

(c) A decoy shall be supervised by a regularly employed peace officer at all times during the inspection.

(d) Within 2 working days of a sale of tobacco to a decoy during an inspection, the peace officer who originally accompanied and supervised the decoy during the inspection, shall return to the retail site, advise the seller of the inspection and violation, and identify the decoy to the seller by means of a photograph taken the same day as the inspection.

(e) The Department may use video recording equipment, including video, audio, photographic and other audio/visual recording equipment, to record and document an inspection.

(f) Inspections of retail sites may be conducted:

(1) on the basis of random selection in a given geographic area; or

(2) in response to reports of violations of Penal Code section 308 subsection (a) or of Business and Professions Code section 22958; or

(3) in response to reports of unlawful sales over the toll-free telephone number authorized by subdivision (b) of section 22952 of the Business and Professions Code.

Cal. Code Regs. Tit. 17, § 6903

1. New section filed 12-22-95 as an emergency; operative 12-22-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (f) (Register 96, No. 16).
3. New section refiled 4-17-96 as an emergency; operative 4-20-96 (Register 96, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-19-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 8-12-96 as an emergency; operative 8-12-96 (Register 96, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-96 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsection (e) (Register 96, No. 50).
6. New section refiled 12-10-96 as an emergency; operative 12-10-96 (Register 96, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-9-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-10-96 order, including amendment of subsection (d), transmitted to OAL 1-8-97 and filed 2-3-97 (Register 97, No. 6).
8. Change without regulatory effect amending subsection (b) filed 2-25-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 9).
9. Change without regulatory effect amending subsection (a) filed 8-11-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 33).

Note: Authority cited: Section 22952(d), Business and Professions Code. Reference: Sections 22952(b), 22952(c), 22952(d)(1)-(7) and 22958, Business and Professions Code; and Section 308, Penal Code.

1. New section filed 12-22-95 as an emergency; operative 12-22-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (f) (Register 96, No. 16).
3. New section refiled 4-17-96 as an emergency; operative 4-20-96 (Register 96, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-19-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 8-12-96 as an emergency; operative 8-12-96 (Register 96, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-96 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsection (e) (Register 96, No. 50).
6. New section refiled 12-10-96 as an emergency; operative 12-10-96 (Register 96, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-9-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-10-96 order, including amendment of subsection (d), transmitted to OAL 1-8-97 and filed 2-3-97 (Register 97, No. 6).
8. Change without regulatory effect amending subsection (b) filed 2-25-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 9).
9. Change without regulatory effect amending subsection (a) filed 8-11-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 33).