S-0599.1                   _______________________________________________

                                                     SENATE BILL 5527

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Barr and Moyer

Read first time 02/01/93.  Referred to Committee on Health & Human Services.

Increasing penalties for persons who sell tobacco to minors.

          AN ACT Relating to tobacco sales to minors; reenacting and amending RCW 26.28.080; and prescribing penalties.

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

        Sec. 1.  RCW 26.28.080 and 1987 c 250 s 2 and 1987 c 204 s 1 are each reenacted and 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 or her 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 public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, 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 eighteen years any cigar, cigarette, cigarette paper or wrapper, 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.  In addition, a violator of subsection (4) of this section may be enjoined from the otherwise lawful sale of tobacco in any form for a period of up to one year following the entry of the order.

          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.

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