S-590                 _______________________________________________

                                                   SENATE BILL NO. 5092

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator West

Read first time 1/15/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to tobacco; amending RCW 26.28.080; adding new sections to chapter 19.91 RCW; and prescribing penalties.

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)) that person 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)) that person, 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;

          Shall be guilty of a gross misdemeanor.

A person under the age of eighteen years who purchases tobacco in any form is guilty of a 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.     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. 3.     The retailers license required under section 2 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. 4.     Sections 2 and 3 of this act shall be added to chapter 19.91 RCW.

NEW SECTION. Sec. 5.     If any part of this act is found to conflict with federal statute, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict.