H-4094              _______________________________________________

 

                                                   HOUSE BILL NO. 2023

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives D. Nelson, Valle and Appelwick

 

 

Read first time 1/24/86 and referred to Committee on Environmental Affairs.  Referred to Committee on Social & Health Services 1/27/86.

 

 


AN ACT Relating to tobacco; amending RCW 26.28.080; adding a new section to chapter 26.28 RCW; adding a new section to chapter 69.40 RCW; creating new sections; prescribing penalties; and providing an effective date.

 

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

 

        Sec. 1.  Sections 1, 3, and 4, chapter 126, Laws of 1895 as last amended by section 37, chapter 292, Laws of 1971 ex. sess. and RCW 26.28.080 are each amended to read as follows:

          Every person who:

          (1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him where intoxicating liquors are sold, given away or disposed of‑-except a restaurant or dining room, any person under the age of eighteen years; or,

          (2) Shall admit to, or allow to remain in any dance-house, public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him, any person under the age of eighteen years; or,

          (3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or,

          (4) Shall sell or give, or permit to be sold or given to any person under the age of twenty-one years any intoxicating liquor, or to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, chewing tobacco, snuff, or tobacco in any form; or

          (5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;

!ixShall be guilty of a gross misdemeanor.

          It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 26.28 RCW to read as follows:

          It is unlawful for any person under the age of eighteen years to possess cigarettes, cigars, chewing tobacco, snuff, or tobacco in any form.

 

          NEW SECTION.  Sec. 3.     It is unlawful to sell, or offer for sale, at retail any cigarettes, cigars, chewing tobacco, snuff, or tobacco in any form without first having obtained a retailers license under RCW 19.91.130 or any successor statute.

 

          NEW SECTION.  Sec. 4.     The retailers license required under section 3 of this act may be denied, revoked, or suspended for the sale or gift of a tobacco product to a person under the age of eighteen years in violation of RCW 26.28.080(4).

 

          NEW SECTION.  Sec. 5.     RCW 26.28.080(4) and sections 2, 3, and 4 of this act may be enforced by any state or local law enforcement agency, including agents of the state liquor control board.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 69.40 RCW to read as follows:

          (1) The legislature finds that substantial knowledge exists to indicate that smokeless tobacco, defined for the purposes of this section as snuff and chewing tobacco, can be addictive and can cause serious diseases, including mouth cancer and other mouth disorders.  This finding strongly justifies a warning to the public that these products are a health hazard.

          (2) Smokeless tobacco containers sold or offered for sale in this state shall have protective labeling that reads "WARNING:  The use of smokeless tobacco can be addictive and can cause mouth cancer and other mouth disorders."

 

          NEW SECTION.  Sec. 7.     Section 6 of this act shall take effect on July 1, 1987.