5048.E AMH ARMS BLAC 191

ESB 5048 - H AMD 1123

By Representative Armstrong

FAILED 3/3/2006

   Strike everything after the enacting clause and insert the following:

   "Sec. 1. RCW 70.155.010 and 2003 c 113 s 1 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) "Delivery sale" means any sale of cigarettes to a consumer in the state where either: (a) The purchaser submits an order for a sale by means of a telephonic or other method of voice transmission, mail delivery, any other delivery service, or the internet or other on-line service; or (b) the cigarettes are delivered by use of mail delivery or any other delivery service. A sale of cigarettes shall be a delivery sale regardless of whether the seller is located within or without the state. A sale of cigarettes not for personal consumption to a person who is a wholesaler licensed pursuant to chapter 82.24 RCW or a retailer pursuant to chapter 82.24 RCW is not a delivery sale.

   (3) "Delivery service" means any private carrier engaged in the commercial delivery of letters, packages, or other containers that requires the recipient of that letter, package, or container to sign to accept delivery.

   (4) "Minor" refers to an individual who is less than eighteen years old.

   (5) (("Public place" means a public street, sidewalk, or park, or any area open to the public in a publicly owned and operated building.

   (6)))"Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.

   (((7)))(6) "Sampler" means a person engaged in the business of sampling other than a retailer.

   (((8)))(7) "Sampling" means the distribution of samples to members of the ((general)) public ((in a public place)).

   (((9)))(8) "Shipping container" means a container in which cigarettes are shipped in connection with a delivery sale.

   (((10)))(9) "Shipping documents" means bills of lading, airbills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers.

   (((11)))(10) "Tobacco product" means a product that contains tobacco and is intended for human consumption.

   (11) "Twenty-one and over location" means a permanent building that:

   (a) Sells any type of liquor as defined in chapter 66.04 RCW;

   (b) Is classified as off-limits to persons under twenty-one years of age under chapter 66.24 RCW; and

   (c) Is located over on thousand feet from an outdoor venue.

   Sec. 2. RCW 70.155.060 and 1993 c 507 s 7 are each amended to read as follows:

   (((1) ))No person may distribute or offer to distribute samples in ((a public place. This prohibition does not apply to sampling (a) in an area to which persons under the age of eighteen are denied admission, (b) in or at a store or concession to which a retailer's license has been issued, or (c) at or adjacent to a production, repair, or outdoor construction site or facility.

   (2) Notwithstanding subsection (1) of this section, no person may distribute or offer to distribute samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when that facility is being used primarily by persons under the age of eighteen for recreational, educational, or other purposes))any place other than a twenty-one and over location.”

   Correct the title.

EFFECT: Limits tobacco sampling to twenty-one and over locations.