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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 659Introduced by Senator ReyesFebruary 20, 2025 An act to amend Section 1798.99.1 of the Civil Code, relating to consumer protection. LEGISLATIVE COUNSEL'S DIGESTSB 659, as introduced, Reyes. The Parents Accountability and Child Protection Act: remedies.Existing law, the Parents Accountability and Child Protection Act, requires a person or business that seeks to sell a specified product or service that is illegal under state law to sell to a minor to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, as prescribed. The act, in an action brought by a public prosecutor, subjects a business or person that violates the act to at least a $7,500 civil penalty for each violation. Existing law requires that the amount in controversy not exceed $35,000 for a limited civil case.This bill would additionally subject the business or person to the civil penalty for each minor user of the product or service and in an action brought by a parent or legal guardian of a minor. The bill would increase the civil penalty to the maximum amount in controversy for a limited civil case, or 10 or 20 times that amount, as specified. The bill would specify that the civil penalty is in addition to any other available legal remedy. The bill would also require a court to suspend a business or person that violates an injunction issued to enforce the act from conducting business, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.99.1 of the Civil Code is amended to read:1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) In addition to any other remedy available under law, in an action brought by a public prosecutor, prosecutor or a parent or legal guardian of a minor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation. violation and each minor user of a product or service described in subdivisions (b) and (c), as follows:(1) For negligently violating this section, the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (2) For knowingly or willfully violating this section, 10 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (3) For intentionally violating this section, 20 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (e) A court shall suspend a business or person that violates an injunction issued in an action to enforce this section from conducting business in California as follows: (1) For negligently violating the injunction, for 10 calendar days. (2) For knowingly or willfully violating the injunction, for 90 calendar days. (3) For intentionally violating the injunction, indefinitely, until a receiver appointed by the court affirms to the court that the person or business will comply with the injunction.(e)(f) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification.(f)(g) For purposes of this section, a government-issued identification section:(1) Government-issued identification means any of the following:(1)(A) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operators license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person.(2)(B) A valid passport issued by the United States or by a foreign government.(3)(C) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person.(4)(D) A valid consular identification document.(5)(E) An identification card issued by a federally recognized tribal government.(2) Knowingly includes a business or a person having or showing awareness or understanding, including constructive knowledge, that a violation will almost certainly be a consequence of an act or omission. The knowledge of a corporate officer within the scope of the corporate officers employment is the knowledge of a business. Knowingly may be proven by circumstantial evidence. (3) Willfully includes a purpose or willingness to commit or omit an act and does not require any intent to violate law or to injure a minor.(g)This section shall become operative on January 1, 2020. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 659Introduced by Senator ReyesFebruary 20, 2025 An act to amend Section 1798.99.1 of the Civil Code, relating to consumer protection. LEGISLATIVE COUNSEL'S DIGESTSB 659, as introduced, Reyes. The Parents Accountability and Child Protection Act: remedies.Existing law, the Parents Accountability and Child Protection Act, requires a person or business that seeks to sell a specified product or service that is illegal under state law to sell to a minor to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, as prescribed. The act, in an action brought by a public prosecutor, subjects a business or person that violates the act to at least a $7,500 civil penalty for each violation. Existing law requires that the amount in controversy not exceed $35,000 for a limited civil case.This bill would additionally subject the business or person to the civil penalty for each minor user of the product or service and in an action brought by a parent or legal guardian of a minor. The bill would increase the civil penalty to the maximum amount in controversy for a limited civil case, or 10 or 20 times that amount, as specified. The bill would specify that the civil penalty is in addition to any other available legal remedy. The bill would also require a court to suspend a business or person that violates an injunction issued to enforce the act from conducting business, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Senate April 10, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate April 10, 2025 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 659 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator ReyesFebruary 20, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Reyes | |
| 18 | 18 | February 20, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 1798.99.1 of the Civil Code, relating to consumer protection. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 659, as | |
| 26 | + | SB 659, as introduced, Reyes. The Parents Accountability and Child Protection Act: remedies. | |
| 27 | 27 | ||
| 28 | - | Existing law, the Parents Accountability and Child Protection Act, requires a person or business that seeks to sell a specified product or service that is illegal under state law to sell to a minor to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, as prescribed. The act, in an action brought by a public prosecutor, subjects a business or person that violates the act to at least a $7,500 civil penalty for each violation. Existing law requires that the amount in controversy not exceed $35,000 for a limited civil case.This bill would additionally subject the business or person to the civil penalty for each minor user of the product or service and in an action brought by a parent or legal guardian of a minor. The bill would increase the | |
| 28 | + | Existing law, the Parents Accountability and Child Protection Act, requires a person or business that seeks to sell a specified product or service that is illegal under state law to sell to a minor to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, as prescribed. The act, in an action brought by a public prosecutor, subjects a business or person that violates the act to at least a $7,500 civil penalty for each violation. Existing law requires that the amount in controversy not exceed $35,000 for a limited civil case.This bill would additionally subject the business or person to the civil penalty for each minor user of the product or service and in an action brought by a parent or legal guardian of a minor. The bill would increase the civil penalty to the maximum amount in controversy for a limited civil case, or 10 or 20 times that amount, as specified. The bill would specify that the civil penalty is in addition to any other available legal remedy. The bill would also require a court to suspend a business or person that violates an injunction issued to enforce the act from conducting business, as specified. | |
| 29 | 29 | ||
| 30 | 30 | Existing law, the Parents Accountability and Child Protection Act, requires a person or business that seeks to sell a specified product or service that is illegal under state law to sell to a minor to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, as prescribed. The act, in an action brought by a public prosecutor, subjects a business or person that violates the act to at least a $7,500 civil penalty for each violation. Existing law requires that the amount in controversy not exceed $35,000 for a limited civil case. | |
| 31 | 31 | ||
| 32 | - | This bill would additionally subject the business or person to the civil penalty for each minor user of the product or service and in an action brought by a parent or legal guardian of a minor. The bill would increase the | |
| 32 | + | This bill would additionally subject the business or person to the civil penalty for each minor user of the product or service and in an action brought by a parent or legal guardian of a minor. The bill would increase the civil penalty to the maximum amount in controversy for a limited civil case, or 10 or 20 times that amount, as specified. The bill would specify that the civil penalty is in addition to any other available legal remedy. The bill would also require a court to suspend a business or person that violates an injunction issued to enforce the act from conducting business, as specified. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 1798.99.1 of the Civil Code is amended to read:1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 1798.99.1 of the Civil Code is amended to read:1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) In addition to any other remedy available under law, in an action brought by a public prosecutor, prosecutor or a parent or legal guardian of a minor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation. violation and each minor user of a product or service described in subdivisions (b) and (c), as follows:(1) For negligently violating this section, the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (2) For knowingly or willfully violating this section, 10 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (3) For intentionally violating this section, 20 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (e) A court shall suspend a business or person that violates an injunction issued in an action to enforce this section from conducting business in California as follows: (1) For negligently violating the injunction, for 10 calendar days. (2) For knowingly or willfully violating the injunction, for 90 calendar days. (3) For intentionally violating the injunction, indefinitely, until a receiver appointed by the court affirms to the court that the person or business will comply with the injunction.(e)(f) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification.(f)(g) For purposes of this section, a government-issued identification section:(1) Government-issued identification means any of the following:(1)(A) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operators license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person.(2)(B) A valid passport issued by the United States or by a foreign government.(3)(C) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person.(4)(D) A valid consular identification document.(5)(E) An identification card issued by a federally recognized tribal government.(2) Knowingly includes a business or a person having or showing awareness or understanding, including constructive knowledge, that a violation will almost certainly be a consequence of an act or omission. The knowledge of a corporate officer within the scope of the corporate officers employment is the knowledge of a business. Knowingly may be proven by circumstantial evidence. (3) Willfully includes a purpose or willingness to commit or omit an act and does not require any intent to violate law or to injure a minor.(g)This section shall become operative on January 1, 2020. | |
| 39 | 39 | ||
| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Section 1798.99.1 of the Civil Code is amended to read:1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) | |
| 44 | + | SECTION 1. Section 1798.99.1 of the Civil Code is amended to read:1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) In addition to any other remedy available under law, in an action brought by a public prosecutor, prosecutor or a parent or legal guardian of a minor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation. violation and each minor user of a product or service described in subdivisions (b) and (c), as follows:(1) For negligently violating this section, the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (2) For knowingly or willfully violating this section, 10 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (3) For intentionally violating this section, 20 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (e) A court shall suspend a business or person that violates an injunction issued in an action to enforce this section from conducting business in California as follows: (1) For negligently violating the injunction, for 10 calendar days. (2) For knowingly or willfully violating the injunction, for 90 calendar days. (3) For intentionally violating the injunction, indefinitely, until a receiver appointed by the court affirms to the court that the person or business will comply with the injunction.(e)(f) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification.(f)(g) For purposes of this section, a government-issued identification section:(1) Government-issued identification means any of the following:(1)(A) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operators license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person.(2)(B) A valid passport issued by the United States or by a foreign government.(3)(C) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person.(4)(D) A valid consular identification document.(5)(E) An identification card issued by a federally recognized tribal government.(2) Knowingly includes a business or a person having or showing awareness or understanding, including constructive knowledge, that a violation will almost certainly be a consequence of an act or omission. The knowledge of a corporate officer within the scope of the corporate officers employment is the knowledge of a business. Knowingly may be proven by circumstantial evidence. (3) Willfully includes a purpose or willingness to commit or omit an act and does not require any intent to violate law or to injure a minor.(g)This section shall become operative on January 1, 2020. | |
| 45 | 45 | ||
| 46 | 46 | SECTION 1. Section 1798.99.1 of the Civil Code is amended to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | 1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) | |
| 50 | + | 1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) In addition to any other remedy available under law, in an action brought by a public prosecutor, prosecutor or a parent or legal guardian of a minor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation. violation and each minor user of a product or service described in subdivisions (b) and (c), as follows:(1) For negligently violating this section, the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (2) For knowingly or willfully violating this section, 10 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (3) For intentionally violating this section, 20 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (e) A court shall suspend a business or person that violates an injunction issued in an action to enforce this section from conducting business in California as follows: (1) For negligently violating the injunction, for 10 calendar days. (2) For knowingly or willfully violating the injunction, for 90 calendar days. (3) For intentionally violating the injunction, indefinitely, until a receiver appointed by the court affirms to the court that the person or business will comply with the injunction.(e)(f) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification.(f)(g) For purposes of this section, a government-issued identification section:(1) Government-issued identification means any of the following:(1)(A) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operators license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person.(2)(B) A valid passport issued by the United States or by a foreign government.(3)(C) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person.(4)(D) A valid consular identification document.(5)(E) An identification card issued by a federally recognized tribal government.(2) Knowingly includes a business or a person having or showing awareness or understanding, including constructive knowledge, that a violation will almost certainly be a consequence of an act or omission. The knowledge of a corporate officer within the scope of the corporate officers employment is the knowledge of a business. Knowingly may be proven by circumstantial evidence. (3) Willfully includes a purpose or willingness to commit or omit an act and does not require any intent to violate law or to injure a minor.(g)This section shall become operative on January 1, 2020. | |
| 51 | 51 | ||
| 52 | - | 1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) | |
| 52 | + | 1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) In addition to any other remedy available under law, in an action brought by a public prosecutor, prosecutor or a parent or legal guardian of a minor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation. violation and each minor user of a product or service described in subdivisions (b) and (c), as follows:(1) For negligently violating this section, the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (2) For knowingly or willfully violating this section, 10 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (3) For intentionally violating this section, 20 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (e) A court shall suspend a business or person that violates an injunction issued in an action to enforce this section from conducting business in California as follows: (1) For negligently violating the injunction, for 10 calendar days. (2) For knowingly or willfully violating the injunction, for 90 calendar days. (3) For intentionally violating the injunction, indefinitely, until a receiver appointed by the court affirms to the court that the person or business will comply with the injunction.(e)(f) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification.(f)(g) For purposes of this section, a government-issued identification section:(1) Government-issued identification means any of the following:(1)(A) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operators license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person.(2)(B) A valid passport issued by the United States or by a foreign government.(3)(C) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person.(4)(D) A valid consular identification document.(5)(E) An identification card issued by a federally recognized tribal government.(2) Knowingly includes a business or a person having or showing awareness or understanding, including constructive knowledge, that a violation will almost certainly be a consequence of an act or omission. The knowledge of a corporate officer within the scope of the corporate officers employment is the knowledge of a business. Knowingly may be proven by circumstantial evidence. (3) Willfully includes a purpose or willingness to commit or omit an act and does not require any intent to violate law or to injure a minor.(g)This section shall become operative on January 1, 2020. | |
| 53 | 53 | ||
| 54 | - | 1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) | |
| 54 | + | 1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).(D) Shipping the product or service to an individual who is of legal age.(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.(B) Shipping the product or service to an individual who is of legal age.(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.(5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision.(6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.(5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.(d) In addition to any other remedy available under law, in an action brought by a public prosecutor, prosecutor or a parent or legal guardian of a minor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation. violation and each minor user of a product or service described in subdivisions (b) and (c), as follows:(1) For negligently violating this section, the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (2) For knowingly or willfully violating this section, 10 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (3) For intentionally violating this section, 20 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (e) A court shall suspend a business or person that violates an injunction issued in an action to enforce this section from conducting business in California as follows: (1) For negligently violating the injunction, for 10 calendar days. (2) For knowingly or willfully violating the injunction, for 90 calendar days. (3) For intentionally violating the injunction, indefinitely, until a receiver appointed by the court affirms to the court that the person or business will comply with the injunction.(e)(f) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification.(f)(g) For purposes of this section, a government-issued identification section:(1) Government-issued identification means any of the following:(1)(A) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operators license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person.(2)(B) A valid passport issued by the United States or by a foreign government.(3)(C) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person.(4)(D) A valid consular identification document.(5)(E) An identification card issued by a federally recognized tribal government.(2) Knowingly includes a business or a person having or showing awareness or understanding, including constructive knowledge, that a violation will almost certainly be a consequence of an act or omission. The knowledge of a corporate officer within the scope of the corporate officers employment is the knowledge of a business. Knowingly may be proven by circumstantial evidence. (3) Willfully includes a purpose or willingness to commit or omit an act and does not require any intent to violate law or to injure a minor.(g)This section shall become operative on January 1, 2020. | |
| 55 | 55 | ||
| 56 | 56 | ||
| 57 | 57 | ||
| 58 | 58 | 1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser. | |
| 59 | 59 | ||
| 60 | 60 | (2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following: | |
| 61 | 61 | ||
| 62 | 62 | (A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code. | |
| 63 | 63 | ||
| 64 | 64 | (B) Requiring the purchaser to use a nonprepaid credit card for an online purchase. | |
| 65 | 65 | ||
| 66 | 66 | (C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b). | |
| 67 | 67 | ||
| 68 | 68 | (D) Shipping the product or service to an individual who is of legal age. | |
| 69 | 69 | ||
| 70 | 70 | (3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following: | |
| 71 | 71 | ||
| 72 | 72 | (A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code. | |
| 73 | 73 | ||
| 74 | 74 | (B) Shipping the product or service to an individual who is of legal age. | |
| 75 | 75 | ||
| 76 | 76 | (4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor. | |
| 77 | 77 | ||
| 78 | 78 | (5) A sellers reasonable and good faith reliance on bona fide evidence of the purchaser or recipients age shall constitute an affirmative defense to any action under this subdivision. | |
| 79 | 79 | ||
| 80 | 80 | (6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order. | |
| 81 | 81 | ||
| 82 | 82 | (b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following: | |
| 83 | 83 | ||
| 84 | 84 | (1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code. | |
| 85 | 85 | ||
| 86 | 86 | (2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code. | |
| 87 | 87 | ||
| 88 | 88 | (3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code. | |
| 89 | 89 | ||
| 90 | 90 | (4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code. | |
| 91 | 91 | ||
| 92 | 92 | (5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code. | |
| 93 | 93 | ||
| 94 | 94 | (6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code. | |
| 95 | 95 | ||
| 96 | 96 | (c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following: | |
| 97 | 97 | ||
| 98 | 98 | (1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code. | |
| 99 | 99 | ||
| 100 | 100 | (2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code. | |
| 101 | 101 | ||
| 102 | 102 | (3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code. | |
| 103 | 103 | ||
| 104 | 104 | (4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code. | |
| 105 | 105 | ||
| 106 | 106 | (5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code. | |
| 107 | 107 | ||
| 108 | 108 | (6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code. | |
| 109 | 109 | ||
| 110 | - | (d) | |
| 110 | + | (d) In addition to any other remedy available under law, in an action brought by a public prosecutor, prosecutor or a parent or legal guardian of a minor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation. violation and each minor user of a product or service described in subdivisions (b) and (c), as follows: | |
| 111 | 111 | ||
| 112 | - | (d) | |
| 112 | + | (1) For negligently violating this section, the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. | |
| 113 | + | ||
| 114 | + | (2) For knowingly or willfully violating this section, 10 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. | |
| 115 | + | ||
| 116 | + | (3) For intentionally violating this section, 20 times the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. | |
| 117 | + | ||
| 118 | + | (e) A court shall suspend a business or person that violates an injunction issued in an action to enforce this section from conducting business in California as follows: | |
| 119 | + | ||
| 120 | + | (1) For negligently violating the injunction, for 10 calendar days. | |
| 121 | + | ||
| 122 | + | (2) For knowingly or willfully violating the injunction, for 90 calendar days. | |
| 123 | + | ||
| 124 | + | (3) For intentionally violating the injunction, indefinitely, until a receiver appointed by the court affirms to the court that the person or business will comply with the injunction. | |
| 125 | + | ||
| 126 | + | (e) | |
| 113 | 127 | ||
| 114 | 128 | ||
| 115 | 129 | ||
| 116 | - | (2) In addition to any other remedy available under law, in an action brought by a public prosecutor or a parent or legal guardian of a minor, a minor who acquired the product or service, an online business or person that violates this section shall be subject to a civil penalty for each violation and each minor user of a product or service described in subdivisions (b) and (c), as follows: | |
| 130 | + | (f) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification. | |
| 131 | + | ||
| 132 | + | (f) | |
| 133 | + | ||
| 134 | + | ||
| 135 | + | ||
| 136 | + | (g) For purposes of this section, a government-issued identification section: | |
| 137 | + | ||
| 138 | + | (1) Government-issued identification means any of the following: | |
| 117 | 139 | ||
| 118 | 140 | (1) | |
| 119 | 141 | ||
| 120 | 142 | ||
| 121 | 143 | ||
| 122 | - | (A) | |
| 144 | + | (A) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operators license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person. | |
| 123 | 145 | ||
| 124 | 146 | (2) | |
| 125 | 147 | ||
| 126 | 148 | ||
| 127 | 149 | ||
| 128 | - | (B) | |
| 150 | + | (B) A valid passport issued by the United States or by a foreign government. | |
| 129 | 151 | ||
| 130 | 152 | (3) | |
| 131 | 153 | ||
| 132 | 154 | ||
| 133 | 155 | ||
| 134 | - | (C) | |
| 156 | + | (C) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person. | |
| 135 | 157 | ||
| 136 | - | ( | |
| 158 | + | (4) | |
| 137 | 159 | ||
| 138 | 160 | ||
| 139 | 161 | ||
| 140 | - | (1)For negligently violating the injunction, for 10 calendar days. | |
| 162 | + | (D) A valid consular identification document. | |
| 163 | + | ||
| 164 | + | (5) | |
| 141 | 165 | ||
| 142 | 166 | ||
| 143 | - | ||
| 144 | - | (2)For knowingly or willfully violating the injunction, for 90 calendar days. | |
| 145 | - | ||
| 146 | - | ||
| 147 | - | ||
| 148 | - | (3)For intentionally violating the injunction, indefinitely, until a receiver appointed by the court affirms to the court that the person or business will comply with the injunction. | |
| 149 | - | ||
| 150 | - | ||
| 151 | - | ||
| 152 | - | (f) | |
| 153 | - | ||
| 154 | - | ||
| 155 | - | ||
| 156 | - | (e) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification. | |
| 157 | - | ||
| 158 | - | (g) | |
| 159 | - | ||
| 160 | - | ||
| 161 | - | ||
| 162 | - | (f) For purposes of this section: | |
| 163 | - | ||
| 164 | - | (1) Government-issued identification means any of the following: | |
| 165 | - | ||
| 166 | - | (A) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operators license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person. | |
| 167 | - | ||
| 168 | - | (B) A valid passport issued by the United States or by a foreign government. | |
| 169 | - | ||
| 170 | - | (C) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person. | |
| 171 | - | ||
| 172 | - | (D) A valid consular identification document. | |
| 173 | 167 | ||
| 174 | 168 | (E) An identification card issued by a federally recognized tribal government. | |
| 175 | 169 | ||
| 176 | 170 | (2) Knowingly includes a business or a person having or showing awareness or understanding, including constructive knowledge, that a violation will almost certainly be a consequence of an act or omission. The knowledge of a corporate officer within the scope of the corporate officers employment is the knowledge of a business. Knowingly may be proven by circumstantial evidence. | |
| 177 | 171 | ||
| 178 | - | ||
| 179 | - | ||
| 180 | 172 | (3) Willfully includes a purpose or willingness to commit or omit an act and does not require any intent to violate law or to injure a minor. | |
| 181 | 173 | ||
| 182 | - | ||
| 183 | - | ||
| 184 | - | (2) Online business means a business that seeks to sell a product or service described in subdivisions (b) and (c), on a public-facing internet website, web application, or digital application, including a mobile application, social media platform, advertising network, mobile operating system, search engine, email service, or internet access service. Online business does not include a business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year. | |
| 185 | - | ||
| 186 | - | (3) Social media platform means as defined in Section 22675 of the Business and Professions Code. | |
| 174 | + | (g)This section shall become operative on January 1, 2020. |