H-153                _______________________________________________

                                                   HOUSE BILL NO. 1940

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Sprenkle, Valle, Prentice, Leonard, Rust, Nelson, May, Phillips, Wolfe and Brekke

Read first time 2/10/89 and referred to Committee on Health Care.

AN ACT Relating to distribution of tobacco products; adding new sections to chapter 70.54 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     In order to avoid obstruction and congestion of public ways and places, to protect pedestrians from annoyance and invasion of privacy, and to avoid facilitating the availability of cigarettes or other tobacco or smoking products to minors, no person in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes, or any agent or employee, shall in the course of business, distribute cigarettes or other tobacco or smoking products free or at nominal cost to any person on a public street or sidewalk, in a public park or playground, or in any other public ground or public building.

NEW SECTION. Sec. 2.     Any person who violates section 1 of this act shall be punished by a fine of not less than twenty nor more than fifty dollars for each violation.  Every hour or part thereof in which a person engages in the conduct prohibited by section 1 of this act shall constitute a single and separate violation.

NEW SECTION. Sec. 3.     A private cause of action shall accrue to any person desiring to enjoin a violation of section 1 of this act by any other person.  Any person bringing suit to seek such injunction shall, if successful, be entitled to the payment of court costs and attorney fees.

NEW SECTION. Sec. 4.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 5.     Sections 1 through 3 of this act are each added to chapter 70.54 RCW.