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                                   ENGROSSED SUBSTITUTE HOUSE BILL NO. 76

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State of Washington                              50th Legislature                              1987 Regular Session

 

By House Committee on Human Services (originally sponsored by Representatives Nelson, Brooks, Brekke, Valle, C. Smith, Belcher, Lux, Walker, Wang, Wineberry, Ferguson, R. King, Locke, Todd, Rasmussen, Basich, Padden, Brough, Schoon, Winsley, L. Smith and May)

 

 

Read first time 2/18/87 and passed to Committee on Rules.

 

 


AN ACT Relating to tobacco; amending RCW 26.28.080; adding new sections to chapter 26.28 RCW; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Sections 1, 3, and 4, chapter 126, Laws of 1895 as last amended by section 37, chapter 292, Laws of 1971 ex. sess. and RCW 26.28.080 are each amended to read as follows:

          Every person who:

          (1) Shall admit to or allow to remain ((in any concert saloon, or)) in any place owned, kept, or managed by him or her where intoxicating liquors are sold, given away or disposed of‑-except a restaurant or dining room, any person under the age of eighteen years; or,

          (2) Shall admit to, or allow to remain ((in any dance-house, public pool or billiard hall, or)) in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, any person under the age of eighteen years; or,

          (3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, ((or in any place adjacent thereto,)) or to be or remain therein, or admit or allow to remain in any ((reputed)) house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or,

          (4) Shall sell or give, or permit to be sold or given to any person under the age of twenty-one years any intoxicating liquor, or to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, chewing tobacco, snuff, or tobacco in any form; or

          (5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;

!ixShall be guilty of a gross misdemeanor.

          It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

 

          NEW SECTION.  Sec. 2.     It is unlawful to sell, or offer for sale, at retail any cigarettes, cigars, chewing tobacco, snuff, or tobacco in any form without first having obtained a retailers license under RCW 19.91.130 or any successor statute.

 

          NEW SECTION.  Sec. 3.     The retailers license required under section 2 of this act may be denied, revoked, or suspended for the sale or gift of a tobacco product to a person under the age of eighteen years in violation of RCW 26.28.080(4).

 

          NEW SECTION.  Sec. 4.     Any retailer who sells or offers for sale, at retail, any cigarettes, cigars, chewing tobacco, snuff, or tobacco in any form, shall display at the point of sale a sign which shall be at least seven inches by ten inches in size and contain the following warning:

 

!ic5"It is illegal to sell cigarettes, smokeless tobacco, or other tobacco product or paraphernalia, to a person under the age of eighteen years.  It is also illegal for a person under the age of eighteen years to buy these tobacco products."

 

          NEW SECTION.  Sec. 5.     Every person under the age of eighteen years who knowingly purchases any smokeless tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, or products prepared from tobacco, is liable for a civil fine not exceeding one hundred dollars.

 

          NEW SECTION.  Sec. 6.     RCW 26.28.080(4) and sections 2 through 5 of this act may be enforced by any state or local law enforcement agency, including agents of the state liquor control board.

 

          NEW SECTION.  Sec. 7.     Sections 2 through 6 of this act are each added to chapter 26.28 RCW.