5881 AMS JOHN S2210.1

SB 5881 - S AMD - 111

By Senators Johnson and Thibaudeau

    Beginning on page 7, line 19, strike all of section 8 and insert the following:

    "Sec. 8.  RCW 70.155.130 and 1993 c 507 s 14 are each amended to read as follows:

    This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances ((prohibiting sampling)) regulating tobacco by January 1, 1993, may continue to enforce these ordinances.  No political subdivision may:  (1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or (2) regulate or prohibit activities covered by RCW 70.155.020 through 70.155.080.  ((This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with chapter 507, Laws of 1993.)) Nothing in this chapter limits the powers of a political subdivision from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products, not inconsistent with this chapter, occurring outside a retail store.  Tobacco advertising and promotions within a retail store that are conspicuous to the view of the public from outside the retail store are considered to be occurring outside the retail store."

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