AN
ACT Relating to making minor possession of tobacco a class 3 civil infraction
and clarifying penalties for violation of current laws regarding youth access
to tobacco; amending RCW 70.155.080 and 70.155.100; creating a new section; and
prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.
