H-1052              _______________________________________________

                                                   HOUSE BILL NO. 1019

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Tilly, Locke, Patrick, Ballard, Long and Haugen

Read first time 2/8/85. Referred to Committee on Commerce & Labor 2/11/85.

AN ACT Relating to alcoholic beverages; adding new sections to chapter 66.24 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 66.24 RCW to read as follows:

          The legislature finds that:

          (1) The consumption of alcoholic beverages is a leading cause of traffic accidents, traffic fatalities, and crime among young persons;

          (2) Those persons who begin consuming alcoholic beverages early in life are more likely to abuse alcoholic beverages as they mature;

          (3) The advertising of alcoholic beverages in print and electronic media, especially when directed to or appealing to young persons, encourages the consumption of alcoholic beverages within that age group;

          (4) Alcoholic beverage advertisements involving sports figures, musical celebrities, and personal endorsements by actors and actresses are in general especially appealing to young persons; and

          (5) Young persons are more likely to consume those alcoholic beverages that they have seen advertised in a manner appealing to them.

          Therefore, in the interest of protecting the welfare of young persons residing within its boundaries, the state finds it necessary to prohibit the importation and sale within the state of those brands of alcoholic beverages which are most likely to be consumed by young persons; that is, those brands which have been advertised within the state in a manner appealing to young persons.

NEW SECTION. Sec. 2.  A new section is added to chapter 66.24 RCW to read as follows:

          (1) No person may sell within, or import into, the state any brand of liquor or malt beverage if that person has, within the preceding twelve months, advertised that brand within the state in a manner appealing to persons under the age of twenty-one.

          (2) For the purposes of subsection (1) of this section, advertising appeals to persons under the age of twenty-one if it:

          (a) Depicts any activity typically associated with the entertainment or recreation of teenagers or young adults;

          (b) Depicts any person who is or has been a member of a professional sports team within the United States;

          (c) Depicts  an actor or actress in motion pictures or television giving a personal endorsement of any liquor or malt beverage;

          (d) Depicts any person under thirty years of age; or

          (e) Depicts any person who is a member of a professional musical group.

          (3) For the purpose of subsection (1) of this section, a person shall be considered to have advertised a brand of liquor or malt beverage if the advertisement is directly or indirectly funded in whole or in part by the person or disseminated with the approval, acquiescence, or collusion of the person.

          (4) Any person who sells or imports liquor or malt beverages in violation of subsection (1) of this section is guilty of a gross misdemeanor.

          (5) Subject to the provisions of RCW 66.08.150, the board shall cancel any permit or license issued under the provisions of Title 66 RCW to any person it finds in violation of subsection (1) of this section.  A person whose license or permit is canceled in this manner may not apply for any license or permit issued under the provisions of Title 66 RCW for a period of six months following the cancellation.

NEW SECTION. Sec. 3.     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.