H-0459.3          _______________________________________________


                                  HOUSE BILL 1597



State of Washington              52nd Legislature             1991 Regular Session


By Representatives Locke, Heavey, Fuhrman, Valle, Vance, Jacobsen, Pruitt, Cole, Belcher, Sheldon, Brekke, H. Myers, Rasmussen and Dorn.


Read first time February 4, 1991.  Referred to Committee on Commerce & Labor.Restricting tobacco products sales.

     AN ACT Relating to restrictions on the sale of tobacco products; adding a new chapter to Title 70 RCW; and prescribing penalties.




     NEW SECTION.  Sec. 1.      As used in this chapter, the term "tobacco vending machine" means a machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, trade checks, or slugs.

     "Tobacco vending machine" does not include a machine or device that requires a sale to be conducted in person by the seller or agent of the seller.


     NEW SECTION.  Sec. 2.      It is unlawful to possess or operate a tobacco vending machine, unless:

     (1) The tobacco vending machine is located in a commercial building, industrial plant, or portion of a commercial building or industrial plant where the public is expressly prohibited and where no minor employees are usually admitted; or

     (2) The tobacco vending machine is located on any premises or portion thereof to which access by minors is expressly prohibited by law if, and only if, the tobacco vending machine is located fully within such premises from which minors are prohibited and not less than ten feet from all entrance or exit ways.


     NEW SECTION.  Sec. 3.      Any person, governmental entity, or political subdivision of the state may initiate a civil action in superior court to enforce the provisions of this chapter.  If the court finds that one or more violations have occurred, the court shall award the prevailing party its costs, including reasonable attorneys' fees.  The court may also enjoin future violations and impose a civil penalty of up to one thousand dollars per violation.


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