S-1391.1          _______________________________________________


                                 SENATE BILL 5692



State of Washington              52nd Legislature             1991 Regular Session


By Senators L. Smith, Stratton and Pelz.


Read first time February 15, 1991.  Referred to Committee on Commerce & Labor.Prohibiting outdoor advertising of tobacco and alcohol products.

     AN ACT Relating to the restriction of advertisements of tobacco and alcoholic products; adding a new chapter to Title 70 RCW; and prescribing penalties.




     NEW SECTION.  Sec. 1.      The legislature finds that previously enacted laws prohibiting the use of tobacco and alcoholic products by minors are being thwarted by the advertising of these products on billboards, buses, cars, other motor vehicles, and placards.  The continuous exposure of children to these types of advertisement cannot be avoided despite efforts by parents and teachers.  This is particularly appalling because of the present tendency to place these types of advertisement in neighborhoods heavily populated by minority youth.  The legislature concludes that it is necessary to prohibit outdoor advertisements of tobacco and alcoholic products in order to protect children from messages encouraging them to engage in the illegal use of alcohol and tobacco and counteracting state policy discouraging them from tobacco and alcohol use.


     NEW SECTION.  Sec. 2.      It is a gross misdemeanor for any person to display on any billboard, streetcar, bus or other motor vehicle, placard, or on any other object or place of display, any advertisement of cigarettes, cigarette papers, cigars, chewing tobacco, smoking tobacco, or alcohol, or any disguise or substitute, except that a dealer in cigarettes, cigarette papers, tobacco, cigars, or alcohol, or their substitutes, may have a sign on the front of his or her place of business stating that she or he is a dealer in the articles.  Nothing in this section shall be construed to prohibit the advertising of cigarettes, cigarette papers, chewing tobacco, smoking tobacco, alcohol, or any substitute, in any newspaper, magazine, or periodical printed or circulated in this state.


     NEW SECTION.  Sec. 3.      In addition to the availability of any other remedy or penalty of law, an individual may initiate a civil action in superior court to enforce the provisions of this chapter.  Venue for such action shall be in the county where the violation is alleged to have taken place.  If the court finds that one or more violations have occurred, the court shall award the prevailing party its costs, including reasonable attorney's fees.  The court may also enjoin future violations and impose a civil penalty of up to one thousand dollars for each violation.


     NEW SECTION.  Sec. 4.      Sections 1 through 3 of this act shall constitute a new chapter in Title 70 RCW.