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SUBSTITUTE HOUSE BILL NO. 601
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AS AMENDED BY THE SENATE
C 353 L 87
State of Washington 50th Legislature 1987 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Day, Dellwo, D. Sommers, Silver, Padden, Taylor and Nealey)
Read first time 3/6/87 and passed to Committee on Rules.
AN ACT Relating to hotels, motels, boarding houses, and lodging houses; and amending RCW 4.24.230.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 59, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 126, Laws of 1981 andRCW 4.24.230 are each amended to read as follows:
(1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof shall be liable in addition to actual damages, for a penalty to the owner or seller in the amount of the retail value thereof not to exceed one thousand dollars, plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller. A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. A person who shall receive any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section.
(2) The
parent or legal guardian having the custody of an unemancipated minor who takes
possession of any goods, wares, or merchandise displayed or offered for sale by
any wholesale or retail store or other mercantile establishment without the
consent of the owner or seller and with the intention of converting such goods,
wares, or merchandise to his own use without having paid the purchase price
thereof, shall be liable as a penalty to the owner or seller for the retail
value of such goods, wares, or merchandise not to exceed five hundred dollars
plus an additional penalty of not less than one hundred dollars nor more than
two hundred dollars, plus all reasonable attorney's fees and court costs
expended by the owner or seller. The parent or legal guardian having the
custody of an unemancipated minor, who orders a meal in a restaurant or other
eating establishment, receives at least a portion thereof, and then leaves
without paying, is subject to liability under this section. The parent or
legal guardian having the custody of an unemancipated minor, who receives any
food, money, credit, lodging, or accommodation at any hotel, motel, boarding
house, or lodging house, and then leaves without paying the proprietor,
manager, or authorized employee thereof, is subject to liability under this
section. For the purposes of this subsection, liability shall not be
imposed upon any governmental entity ((or private agency which has been)),
private agency, or foster parent assigned responsibility for the minor
child pursuant to court order or action of the department of social and health
services.
(3) Judgments, but not claims, arising under this section may be assigned.
(4) A conviction for violation of chapter 9A.56 RCW or RCW 9.45.040 shall not be a condition precedent to maintenance of a civil action authorized by this section.
(5) An owner or seller demanding payment of a penalty under subsection (1) or (2) of this section shall give written notice to the person or persons from whom the penalty is sought. The notice shall state:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision."
This notice shall be boldly and conspicuously displayed, in at least the same size type as is used in the demand, and shall be sent with the demand for payment of a penalty described in subsection (1) of (2) of this section.