1746-S.E2 AAS 3/5/98 S5089.2

2ESHB 1746 - S AMD

By Committee on Commerce & Labor

                                                    ADOPTED 3/5/98

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that the protection of adolescents' health requires a strong set of comprehensive health and law enforcement interventions.  We know that youth are deterred from using alcohol in public because of existing laws making possession illegal.  However, while the purchase of tobacco by youth is clearly prohibited, the possession of tobacco is not.  It is the legislature's intent that youth hear consistent messages from public entities, including law enforcement, about public opposition to their illegal use of tobacco products.

    Sec. 2.  RCW 70.155.080 and 1993 c 507 s 9 are each amended to read as follows:

(1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in up to four hours of community service, or both.  The court may also require participation in a smoking cessation program((, or both)).  This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

(2) Municipal and district courts within the state have jurisdiction for enforcement of this section.

    Sec. 3.  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 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;

    (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.

(9) The liquor control board may reduce or waive either the penalties or the suspension or revocation of a license, or both, as set forth in this chapter where the elements of proof are inadequate or where there are mitigating circumstances.  Mitigating circumstances may include, but are not limited to, an exercise of due diligence by a retailer.  Further, the board may exceed penalties set forth in this chapter based on aggravating circumstances."

2ESHB 1746 - S AMD

By Committee on Commerce & Labor

                                                    ADOPTED 3/5/98

    On page 1, line 3 of the title, after "tobacco;" strike the remainder of the title and insert "amending RCW 70.155.080 and 70.155.100; creating a new section; and prescribing penalties."

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