S-5047.1 _______________________________________________
SUBSTITUTE SENATE BILL 6457
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senate Committee on Health & Long‑Term Care (originally sponsored by Senators Quigley, McAuliffe, Moyer, Oke, Pelz, Long, Heavey and Kohl; by request of Governor Lowry)
Read first time 02/02/96.
AN ACT Relating to regulation and control of tobacco products; amending RCW 70.155.010, 70.155.030, 70.155.040, 70.155.050, 70.155.100, 70.155.110, 82.24.500, and 82.24.550; repealing RCW 70.155.060 and 82.24.270; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.155.010 and 1993 c 507 s 2 are each amended to read as follows:
The definitions set forth in RCW 82.24.010 shall apply to RCW 70.155.020 through 70.155.130. In addition, for the purposes of this chapter, unless otherwise required by the context:
(1) "Board" means the Washington state liquor control board.
(2) "Minor" refers to an individual who is less than eighteen years old.
(3) (("Public
place" means a public street, sidewalk, or park, or any area open to the
public in a publicly owned and operated building.
(4)
"Sample" means a tobacco product distributed to members of the
general public at no cost or at nominal cost for product promotion purposes.
(5) "Sampler"
means a person engaged in the business of sampling other than a retailer.
(6)
"Sampling" means the distribution of samples to members of the
general public in a public place.
(7))) "Package" or
"container" means a package or container that holds twenty or more
cigarettes.
(4) "Tobacco product" means a product that contains tobacco and is intended for human consumption and as further defined in RCW 82.26.010(1).
Sec. 2. RCW 70.155.030 and 1994 c 202 s 1 are each amended to read as follows:
(1) No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which minors are prohibited or in industrial worksites where minors are not employed and not less than ten feet from all entrance or exit ways to and from each premise. The board shall adopt rules that allow an exception to the requirement that a device be located not less than ten feet from all entrance or exit ways to and from a premise if it is architecturally impractical for the device to be located not less than ten feet from all entrance and exit ways.
(2) All retail sales of cigarettes or chewing tobacco must be in-person transactions in a retail store, except for vending machine sales at authorized locations as authorized in subsection (1) of this section. Mail order sales or deliveries of cigarettes or chewing tobacco are prohibited.
(3) There shall be no poster, billboard, or other display advertisement of cigarettes or tobacco products in any wholly or partially state-owned or state-funded location.
Sec. 3. RCW 70.155.040 and 1993 c 507 s 5 are each amended to read as follows:
(1) No person
shall sell or permit to be sold single cigarettes ((not)).
All cigarettes must be sold in ((the)) original, unopened
packages or containers to which the stamps required by RCW
82.24.060 have been affixed.
(2) This section does not apply to the sale of loose leaf tobacco by a retail business that generates a minimum of sixty percent of annual gross sales from the sale of tobacco products.
Sec. 4. RCW 70.155.050 and 1993 c 507 s 6 are each amended to read as follows:
(((1))) No
person may engage in the business of sampling cigarettes or tobacco products
within the state ((unless licensed to do so by the board. If a firm
contracts with a manufacturer to distribute samples of the manufacturer's
products, that firm is deemed to be the person engaged in the business of
sampling.
(2) The board shall
issue a license to a sampler not otherwise disqualified by RCW 70.155.100 upon
application and payment of the fee.
(3) A sampler's
license expires on the thirtieth day of June of each year and must be renewed
annually upon payment of the appropriate fee.
(4) The board shall
annually determine the fee for a sampler's license and each renewal. However,
the fee for a manufacturer whose employees distribute samples within the state
is five hundred dollars per annum, and the fee for all other samplers must be
not less than fifty dollars per annum.
(5) A sampler's
license entitles the licensee, and employees or agents of the licensee, to
distribute samples at any lawful location in the state during the term of the
license. A person engaged in sampling under the license shall carry the
license or a copy at all times)).
Sec. 5. 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 be less than or
exceed the following:
(a) For violation of
RCW 26.28.080(((4))) or 70.155.020:
(i) A monetary penalty of not less than one hundred dollars and not more than two hundred fifty dollars for the first violation within any two-year period;
(ii) A monetary penalty of not less than three hundred dollars and not more than five hundred dollars for the second violation within any two-year period;
(iii) A monetary penalty of not less than one thousand dollars and not more than one thousand five hundred 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 not less than one thousand five hundred dollars and not more than two 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;
(b) For violations of
RCW 70.155.030, a monetary penalty ((in the amount)) of not less than
one hundred dollars and not more than two hundred fifty 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 not less than one hundred dollars and not more than two hundred fifty dollars for the first violation within any two-year period;
(ii) A monetary penalty of not less than three hundred dollars and not more than five hundred dollars for the second violation within any two-year period;
(iii) A monetary penalty of not less than one thousand dollars and not more than one thousand five hundred 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 not less than one thousand five hundred dollars and not more than two 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 not less than three hundred dollars and not more than five hundred
dollars for each violation;
(e) For violations of
RCW 70.155.070, a monetary penalty ((in the amount)) of not less than
one thousand dollars and not more than two thousand five hundred 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, not less than fifty dollars and
not more than one hundred dollars for the first violation and not less
than one hundred dollars and not more than two hundred fifty dollars
for each subsequent violation;
(b) For violations of RCW 70.155.030, not less than one hundred dollars and not more than two hundred fifty dollars for each day upon which such violation occurred;
(c) For violations of RCW 70.155.040, not less than one hundred dollars and not more than two hundred fifty dollars for each violation;
(d) For violations of
RCW 70.155.050 ((and 70.155.060)), not less than three hundred
dollars and not more than five hundred dollars for each violation;
(e) For violations of RCW 70.155.070, not less than one thousand dollars and not more than two thousand five hundred dollars for each violation.
(5) The liquor control board may impose sanctions against a person licensed under RCW 82.24.530 or this chapter for violations of rules strictly necessary to enforce this chapter and for which a statutory penalty is not proscribed in an amount of:
(a) A monetary penalty of not less than one hundred dollars and not more than two hundred fifty dollars for the first violation within any two-year period;
(b) A monetary penalty of not less than three hundred dollars and not more than five hundred dollars for the second violation within any two-year period; and
(c) A monetary penalty of not less than one thousand dollars and not more than two thousand five hundred dollars or suspension of the license privilege for a period not to exceed one year, or both, for a third or any subsequent violation within any two-year period.
(6) 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))) (7)
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))) (8)
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))) (9)
All proceedings under subsections (1) through (((6))) (7) of this
section shall be conducted in accordance with chapter 34.05 RCW.
Sec. 6. 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 local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.
(5) The liquor control board is authorized under this act to adopt only those rules necessary to implement chapter 70.155 RCW and RCW 26.28.080 and 82.24.500 relating to the enforcement of provisions regarding distribution of tobacco products, especially relating to minors.
Sec. 7. RCW 82.24.500 and 1986 c 321 s 4 are each amended to read as follows:
(1) No person may engage in or conduct the business of purchasing, selling, consigning, or distributing cigarettes or tobacco products as defined in Title 82 RCW in this state without a license under this chapter.
(2) Possession of cigarettes or tobacco products without a license with intent to sell is a violation of this section.
(3) A person whose license has been suspended or revoked shall not sell cigarettes or tobacco products or permit cigarettes or tobacco products to be sold during the period of such suspension or revocation on the premises.
(4) A violation of this section is a misdemeanor.
Sec. 8. RCW 82.24.550 and 1993 c 507 s 17 are each amended to read as follows:
(1) The department of
revenue shall enforce the provisions of this chapter except RCW 82.24.500,
which will be enforced by the liquor control board. The department of revenue
may adopt, amend, and repeal rules necessary to enforce and administer the
provisions of this chapter. The department of revenue has full power and
authority to revoke or suspend the license or permit of any wholesale or retail
((cigarette)) tobacco dealer in the state upon sufficient cause
appearing of the violation of this chapter or upon the failure of such licensee
to comply with any of the provisions of this chapter.
(2) A license shall not be suspended or revoked except upon notice to the licensee and after a hearing as prescribed by the department of revenue. The department of revenue, upon a finding by same, that the licensee has failed to comply with any provision of this chapter or any rule promulgated thereunder, shall, in the case of the first offender, suspend the license or licenses of the licensee for a period of not less than thirty consecutive business days, and, in the case of a second or plural offender, shall suspend the license or licenses for a period of not less than ninety consecutive business days nor more than twelve months, and, in the event the department of revenue finds the offender has been guilty of willful and persistent violations, it may revoke the license or licenses.
(3) Any person whose license or licenses have been so revoked may apply to the department of revenue at the expiration of one year for a reinstatement of the license or licenses. The license or licenses may be reinstated by the department of revenue if it appears to the satisfaction of the department of revenue that the licensee will comply with the provisions of this chapter and the rules promulgated thereunder.
(4) A person whose license has been suspended or revoked shall not sell cigarettes or tobacco products or permit cigarettes or tobacco products to be sold during the period of such suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form whatever.
(5) Any determination and order by the department of revenue, and any order of suspension or revocation by the department of revenue of the license or licenses, or refusal to reinstate a license or licenses after revocation shall be reviewable by an appeal to the superior court of Thurston county. The superior court shall review the order or ruling of the department of revenue and may hear the matter de novo, having due regard to the provisions of this chapter and the duties imposed upon the department of revenue.
NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:
(1) RCW 70.155.060 and 1993 c 507 s 7; and
(2) RCW 82.24.270 and 1995 c 278 s 12.
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