What SB 1314 does
An act to amend Sections 22958 and 22973.1 of, and to add Section 22965 to, the Business and Professions Code, relating to cigarettes and tobacco products.
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.
Summary from the Legislative Counsel's Digest of the amended assembly text, July 1, 2026. Read the full text on leginfo.
How it got here
Senator Menjivar introduced SB 1314 on February 20, 2026, with coauthors Senator Weber Pierson. The text was amended 4 times, 1 in the Assembly and 3 in the Senate, and heard in 8 committee hearings before its final floor votes.
- Senate Floor, May 26, 2026: 30 ayes, 2 noes.
Committee votes along the way:
- Senate Revenue and Taxation, April 8, 2026: Do pass, but first be re-referred to the Committee on [Health], 4-0.
- Senate Health, April 22, 2026: Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations], 8-0.
- Senate Appropriations, May 11, 2026: Placed on suspense file, 7-0.
- Senate Appropriations, May 14, 2026: Do pass as amended, 6-0.
- Assembly Health, June 23, 2026: Do pass and be re-referred to the Committee on [Business and Professions], 14-0.
- Assembly Business and Professions, June 30, 2026: Do pass as amended and be re-referred to the Committee on [Appropriations], 12-4.
Who supports and opposes SB 1314
The Assembly Business and Professions analysis dated June 26, 2026 lists 27 organizations in support and 6 in opposition. When Senate Revenue and Taxation first listed positions on April 6, 2026, the count was 6 in support and 0 opposed. By the Assembly Business and Professions analysis of June 26, 2026 it was 27 to 6.
In support: Sacramento Mayor Pro Tem Eric Guerra (sponsor); Arcadia Police Officers’ Association; Association of California School Administrators; Brea Police Association; Burbank Police Officers’ Association; California Association of School Police Chiefs; California Coalition of School Safety Professionals; California Narcotic Officers’ Association; and 19 more.
Opposed: American Cancer Society Cancer Action Network; American Heart Association; American Lung Association; California Asian Pacific Chamber of Commerce; Campaign for Tobacco-Free Kids; Capitol Business Alliance.
Read the Assembly Business and Professions analysis.
Our read
Analysis by Capitol Axis, drawn from the committee analyses and vote record for SB 1314.
Capitol Business Alliance is listed in opposition in the committee analysis, which is the kind of organization this bill is actually aimed at.
By the time Assembly Business and Professions listed positions, support had reached 27, up from 6.
Sacramento Mayor Pro Tem Eric Guerra is the sponsor of record.
What happens next
It is in Assembly Appropriations. The last recorded action was on August 13, 2026.
The Governor can sign the bill, veto it, or let it become law without a signature. Until the decision, sign and veto request letters are the remaining channel, and the Department of Finance's enrolled bill report carries weight on anything with a fiscal effect. If signed, most provisions take effect January 1, and implementation moves to the agencies named in the bill.
What it means for small business organizations
This is the stage where language still changes. Amendments taken in committee are the ones that reach the Governor, so an organization with a stake in the drafting has a reason to be in that conversation now rather than after the vote.
The small business group at Capitol Axis handles that for small business clients.
Questions about SB 1314
What does SB 1314 do?
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
Has SB 1314 passed the California Legislature?
It is in Assembly Appropriations. The last recorded action was on August 13, 2026.
Who supports and opposes SB 1314?
The Assembly Business and Professions analysis dated June 26, 2026 lists 27 organizations in support and 6 in opposition. Supporters include Sacramento Mayor Pro Tem Eric Guerra (sponsor); Arcadia Police Officers’ Association; Association of California School Administrators. Opponents include American Cancer Society Cancer Action Network; American Heart Association; American Lung Association.
What happens next with SB 1314?
It still has committee and floor votes ahead of it. Amendments taken now are the ones that reach the Governor, so this is the stage where language changes are still possible.