S-1168.3  _______________________________________________

                         SENATE BILL 5681

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Quigley, Smith, Pelz, Prentice, Kohl, Fairley, Heavey, Moyer and Oke

Read first time 01/31/95.  Referred to Committee on Health & Long‑Term Care.

Providing penalties for illegal activities involving tobacco.

    AN ACT Relating to illegal activities involving tobacco; amending RCW 70.155.100 and 70.155.110; and prescribing penalties.

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

    Sec. 1.  RCW 70.155.100 and 1993 c 507 s 11 are each amended to read as follows:

    (1) The liquor control board may suspend or revoke a retailer's license held by a business at any location, or may impose a monetary penalty as set forth in subsection (2) of this section, if the liquor control board finds that the licensee has violated RCW 26.28.080(((4))), or 70.155.020, 70.155.030, 70.155.040, 70.155.050, 70.155.060, 70.155.070, or 70.155.090.

    (2) The sanctions that the liquor control board may impose against a person licensed under RCW 82.24.530 and 70.155.050 and 70.155.060 based upon one or more findings under subsection (1) of this section may not exceed the following:

    (a) For violation of RCW 26.28.080(((4))) or 70.155.020:

    (i) A monetary penalty of ((one)) three hundred dollars for the first violation within any ((two-year)) four-year period;

    (ii) A monetary penalty of ((three)) five hundred dollars for the second violation within any ((two-year)) four-year period;

    (iii) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of six months for the third violation within any ((two-year)) four-year period;

    (iv) A monetary penalty of ((one)) two thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any ((two-year)) four-year period;

    (v) A monetary penalty of five thousand dollars and revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any ((two-year)) four-year period;

    (b) For violations of RCW 70.155.030, a monetary penalty in the amount of one hundred dollars for each day upon which such violation occurred;

    (c) For violations of RCW 70.155.040 occurring on the licensed premises:

    (i) A monetary penalty of one hundred dollars for the first violation within any two-year period;

    (ii) A monetary penalty of three hundred dollars for the second violation within any two-year period;

    (iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third violation within any two-year period;

    (iv) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any two-year period;

    (v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;

    (d) For violations of RCW 70.155.050 and 70.155.060, a monetary penalty in the amount of three hundred dollars for each violation;

    (e) For violations of RCW 70.155.070, a monetary penalty in the amount of one thousand dollars for each violation.

    (3) The liquor control board may impose a monetary penalty upon any person other than a licensed cigarette retailer or licensed sampler if the liquor control board finds that the person has violated RCW 26.28.080(((4))), or 70.155.020, 70.155.030, 70.155.040, 70.155.050, 70.155.060, 70.155.070, or 70.155.090.

    (4) The monetary penalty that the liquor control board may impose based upon one or more findings under subsection (3) of this section may not exceed the following:

    (a) For violation of RCW 26.28.080(((4))) or 70.155.020, fifty dollars for the first violation and one hundred dollars for each subsequent violation;

    (b) For violations of RCW 70.155.030, one hundred dollars for each day upon which such violation occurred;

    (c) For violations of RCW 70.155.040, one hundred dollars for each violation;

    (d) For violations of RCW 70.155.050 and 70.155.060, three hundred dollars for each violation;

    (e) For violations of RCW 70.155.070, one thousand dollars for each violation.

    (5) The liquor control board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.

    (6) The liquor control board may issue a cease and desist order to any person who is found by the liquor control board to have violated or intending to violate the provisions of this chapter, RCW 26.28.080(((4))) or 82.24.500, requiring such person to cease specified conduct that is in violation.  The issuance of a cease and desist order shall not preclude the imposition of other sanctions authorized by this statute or any other provision of law.

    (7) The liquor control board may seek injunctive relief to enforce the provisions of RCW 26.28.080(((4))) or 82.24.500 or this chapter.  The liquor control board may initiate legal action to collect civil penalties imposed under this chapter if the same have not been paid within thirty days after imposition of such penalties.  In any action filed by the liquor control board under this chapter, the court may, in addition to any other relief, award the liquor control board reasonable attorneys' fees and costs.

    (8) All proceedings under subsections (1) through (6) of this section shall be conducted in accordance with chapter 34.05 RCW.

    Sec. 2.  RCW 70.155.110 and 1993 c 507 s 12 are each amended to read as follows:

    (1) The liquor control board shall, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080(((4))) and 82.24.500.  The liquor control board shall have full power to revoke or suspend the license of any retailer or wholesaler in accordance with the provisions of RCW 70.155.100.

    (2) The liquor control board and the board's authorized agents or employees shall have full power and authority to enter any place of business where tobacco products are sold for the purpose of enforcing the provisions of this chapter.

    (3) For the purpose of enforcing the provisions of this chapter and RCW 26.28.080(((4))) and 82.24.500, a peace officer or enforcement officer of the liquor control board who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products is under the age of eighteen years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth.  Further, tobacco products possessed by persons under the age of eighteen years of age are considered contraband and may be seized by a peace officer or enforcement officer of the liquor control board.

    (4) The liquor control board ((may work with)) shall provide staff and assistance when requested by local county health departments or districts and local law enforcement agencies to conduct random, unannounced((,)) inspections to assure compliance.

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