H-3354.1  _______________________________________________

                          HOUSE BILL 2471

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representative Karahalios

Read first time 01/14/94.  Referred to Committee on Commerce & Labor.

Prohibiting the promotion of liquor, tobacco, and firearms near public schools.

    AN ACT Relating to regulating the promotion of liquor, tobacco, and firearms near public schools; amending RCW 66.04.010 and 66.08.060; adding new sections to chapter 66.44 RCW; creating a new section; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that the control of advertising signs in areas within one thousand feet of public schools is necessary to protect the health and safety of children in this state.  Tobacco, liquor, and firearms are legal but strictly regulated products that are extremely hazardous when used by children.  The sale of tobacco, liquor, and handguns to minors is prohibited by law.  Therefore, advertising tobacco, liquor, and firearms in areas where children congregate, such as the area surrounding public schools, is both inappropriate and dangerous.  The purpose of this act is to help ensure the health and safety of the children of Washington state by restricting the advertising of certain dangerous products to the greatest extent practicable.

    Sec. 2.  RCW 66.04.010 and 1991 c 192 s 1 are each amended to read as follows:

    In this title, unless the context otherwise requires:

    (1) "Advertising" means making representations, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of a product.

(2) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance.  The term "alcohol" does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.

    (((2))) (3) "Beer" means any malt beverage or malt liquor as these terms are defined in this chapter.

    (((3))) (4) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor.

    (((4))) (5) "Board" means the liquor control board, constituted under this title.

    (((5))) (6) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for pecuniary gain.

    (((6))) (7) "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.

    (((7))) (8) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.

    (((8))) (9) "Distiller" means a person engaged in the business of distilling spirits.

    (((9))) (10) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical chemistry pursuant to chapter 18.64 RCW.

    (((10))) (11) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and employs a registered pharmacist during all hours the drug store is open.

    (((11))) (12) "Employee" means any person employed by the board, including a vendor, as hereinafter in this section defined.

    (((12))) (13) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.

(14) "Fund" means 'liquor revolving fund.'

    (((13))) (15) "Hotel" means every building or other structure kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty or more rooms are used for the sleeping accommodation of such transient guests and having one or more dining rooms where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building and buildings, in connection therewith, and such structure or structures being provided, in the judgment of the board, with adequate and sanitary kitchen and dining room equipment and capacity, for preparing, cooking and serving suitable food for its guests:  PROVIDED FURTHER, That in cities and towns of less than five thousand population, the board shall have authority to waive the provisions requiring twenty or more rooms.

    (((14))) (16) "Imprisonment" means confinement in the county jail.

    (((15))) (17) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating.  Liquor does not include confections or food products that contain one percent or less of alcohol by weight.

    (((16))) (18) "Maintain" means to allow to exist.

(19) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever.

    (((17))) (20) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume.  For the purposes of this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."

    (((18))) (21) "Package" means any container or receptacle used for holding liquor.

    (((19))) (22) "Permit" means a permit for the purchase of liquor under this title.

    (((20))) (23) "Person" means an individual, copartnership, association, or corporation.

    (((21))) (24) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.

    (((22))) (25) "Prescription" means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.

    (((23))) (26) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

    (((24))) (27) "Regulations" means regulations made by the board under the powers conferred by this title.

    (((25))) (28) "Restaurant" means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.

    (((26))) (29) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his agent in the state.  "Sale" and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the board to a person not licensed by the board, for personal use only.  "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315:  PROVIDED, That the nonprofit organization conducting the raffle has obtained the appropriate permit from the board.

    (((27))) (30) "Sign" means any outdoor display, device, figure, painting, drawing, message, placard, poster, billboard, electronic device, or other thing that is designed, intended, or used to advertise or inform, whether the medium is mobile or immobile and whether the medium is permanent or temporary.

(31) "Soda fountain" means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.

    (((28))) (32) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.

    (((29))) (33) "Store" means a state liquor store established under this title.

    (((30))) (34) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.

    (((31))) (35) "Vendor" means a person employed by the board as a store manager under this title.

    (((32))) (36) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.

    (((33))) (37) "Domestic winery" means a place where wines are manufactured or produced within the state of Washington.

    (((34))) (38) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume.  For purposes of this title, any beverage containing no more than fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall be referred to as "table wine," and any beverage containing alcohol in an amount more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified wine."  However, "fortified wine" shall not include:  (a) Wines that are both sealed or capped by cork closure and aged two years or more; and (b) wines that contain more than fourteen percent alcohol by volume solely as a result of the natural fermentation process and that have not been produced with the addition of wine spirits, brandy, or alcohol.

    This subsection shall not be interpreted to require that any wine be labeled with the designation "table wine" or "fortified wine."

    (((35))) (39) "Beer wholesaler" means a person who buys beer from a brewer or brewery located either within or beyond the boundaries of the state for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent.

    (((36))) (40) "Wine wholesaler" means a person who buys wine from a vintner or winery located either within or beyond the boundaries of the state for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent.

    Sec. 3.  RCW 66.08.060 and 1933 ex.s. c 62 s 43 are each amended to read as follows:

    The board shall not advertise liquor in any form or through any medium whatsoever.  The board shall have power to adopt any and all reasonable regulations as to the kind, character and location of advertising of liquor, subject to restrictions imposed upon liquor advertising under this title.

NEW SECTION. Sec. 4.  A new section is added to chapter 66.44 RCW to read as follows:

    (1) Any sign advertising tobacco products, liquor, or firearms within one thousand feet of a public school, as defined in RCW 28A.150.010, and visible from a public place is a public nuisance.  The board shall notify the owner of the property on which such a sign is located, by certified mail at his or her last known address, that the sign constitutes a public nuisance and must be made to comply with this section or be removed.

    (2) It is a violation of this chapter if the owner fails to change a sign to comply with this section or remove a sign within fifteen days after being notified by the board that the sign is a public nuisance.  The board may levy an initial administrative fine of five hundred dollars on the owner of the property on which a sign declared to be a public nuisance is located.  The board may levy an additional fine of one hundred dollars per day on the owner of the property on which the sign that has been declared to be a public nuisance is located, after the owner has been notified by the board.  In addition to the administrative penalties, an order may be entered compelling removal of the sign.

    (3) If the owner of the property upon which the sign is located is not found or refuses receipt of the notice, the board shall post on the sign and property upon which it is located a notice that the sign constitutes a public nuisance and must be removed.  If the sign is not removed within fifteen days after such posting, the board shall abate the nuisance and destroy the sign, and for that purpose may enter upon private property without incurring liability for doing so.

NEW SECTION. Sec. 5.  A new section is added to chapter 66.44 RCW to read as follows:

    All administrative fines collected under section 4 of this act shall be deposited in the liquor revolving fund, created in RCW 66.08.170, to defray the costs of enforcing the provisions of section 4 of this act.

NEW SECTION. Sec. 6.  This act shall take effect July 1, 1994.

NEW SECTION. Sec. 7.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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