AN ACT Relating to restrictions on the sale of tobacco products; adding a new chapter to Title 70 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds cigarette smoking by minors to be a continuing problem with grave social consequences. In recognition of the surgeon general's recent report finding cigarette smoking is as addictive as cocaine and heroin, much more strenuous action to curtail the availability of cigarettes and tobacco products to minors is necessary. The national institute on drug abuse and the United States public health service have concluded that the nicotine in tobacco is a powerful, habit-forming drug and described nicotine addiction as the most widespread example of drug dependence in our country. It is imperative to take more vigorous enforcement action to implement the existing prohibition of sales to minors. The American medical association has concluded cigarette smoking is the chief avoidable cause of death in our society. We seek to act now to avoid public and private costs of future health care for youths who develop the habit of smoking in adolescence. The legislature further finds that experience with the present system of prohibiting sales of cigarettes to minors has been proven significantly defective. The legislature seeks to develop a strict, comprehensive, effective, and enforceable system to control the sale of cigarettes to minors.

NEW SECTION. Sec. 2. Each city, town, county, or other municipality which is involved in the licensing of businesses shall develop and implement the regulations necessary for compliance with this chapter. Each city, town, county, or other municipality may adopt regulations which are more stringent than those in this chapter, but may not adopt any regulation or procedure that is less restrictive than the corresponding provision of this chapter. Each city, town, county, or other municipality may adopt higher fees, fines, or penalties than under this chapter. Each city, town, county, or other municipality shall designate a division of government which is responsible for licensing and for enforcing the provisions of this chapter.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Director" means the senior official of the division of government responsible for licensing and for enforcing this chapter.

(2) "Minor" means any individual who is less than eighteen years old.

(3) "Retailer" means any person, firm, association, company, partnership, or corporation who operates a store, stand, booth, concession, or other place at which sales are made to purchasers for consumption or use.

(4) "Sales conducted in person" means payment for the purchase of the tobacco item is received directly and in person from the purchaser by the seller or an employee. Tobacco vending machines which are located in plain view of the seller or an employee and controlled by an electronic device activated by the seller or an employee, upon the buyer's presentation of acceptable identification as required in section 5 of this act, shall be deemed "sales conducted in person."

(5) "Tobacco vending machine" means and includes any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, trade checks, or slugs.

NEW SECTION. Sec. 4. On July 1, 1989, tobacco vending machines or any other mechanism or method of retail sales of cigarettes or other tobacco products which do not require a sale to be conducted in person by the seller or agent of the seller are prohibited; provided that this section shall not prohibit the installation and use of a tobacco vending machine by a proprietor, a proprietor's agents, or the employees eighteen years of age or greater in:

(1) Any premises or portion thereof to which access by minors is expressly prohibited by law if, and only if, the tobacco vending machine is located fully within such premises from which minors are prohibited and not less than ten feet from all entrance or exit ways; or

(2) Commercial buildings or industrial plants or portions thereof where the public is expressly prohibited and where such machines are strictly for the use of the employees therein; provided that the area must be signed as not open to the public and no minor employees are usually admitted.

NEW SECTION. Sec. 5. No retailer shall sell or permit to be sold cigarettes or other tobacco products to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as eighteen years or greater unless the seller has some other conclusive basis for determining the buyer is over the age of eighteen years.

In the event the seller does not request and examine identification from the purchaser, the seller shall be deemed to have not had a conclusive basis under this section if the purchaser is in fact a minor. Identification shall be by means of an officially issued card accepted as proof of age for the sale of alcoholic beverages pursuant to RCW 66.16.040.

NEW SECTION. Sec. 6. After July 1, 1989, it shall be unlawful for any retailer to sell cigarettes or any tobacco products unless that retailer first obtains and maintains a valid license from the director for each location where cigarette sales are conducted. The license shall be good for a three-year term if the licensee complies with the provisions of this chapter.

NEW SECTION. Sec. 7. (1) A license shall be suspended by the director upon a finding, after notice and opportunity to be heard, that the licensee has failed to comply with any provision of this chapter as follows:

(a) In the case of a first and single violation, the licensee shall be fined one-hundred dollars and shall be given notification, in writing, of provisions for penalties to be levied in the event of additional or further violations;

(b) In the case of a second or two violations, the licensee shall be fined five hundred dollars and the license shall be suspended for not less than ninety consecutive business days nor more than six months; and

(c) In the case of three or more violations, the licensee shall be fined one thousand dollars and the license shall be revoked not less than nine months and no more than eighteen months from the date of revocation.

Each sale to a minor shall constitute a separate violation. All transactions completed during a single visit by a minor to the licensee's premises shall be one sale.

(2) The director shall waive the suspension or revocation of a license if the licensee clearly establishes the licensee acted in good faith to prevent violations and any violation occurred despite the licensee's exercise of due diligence. Any licensee who does each of the following shall be deemed to have exercised due diligence;

(a) Conspicuously post and reasonably maintain appropriate signs notifying customers that identification is required to purchase tobacco products;

(b) Conspicuously post and reasonably maintain appropriate signs in areas frequented by employees such as near time cards or in lunchrooms reminding them of the ordinance and sanctions thereunder;

(c) Conspicuously post and reasonably maintain appropriate signs on or near the cast register or cash registers or comparable area or areas reminding employees to check identification before selling tobacco products if in any doubt as to the customer's age;

(d) Require each employee, as part of the application for employment process, to read the ordinance or a summary of the ordinance and sign a covenant that they understand and will uphold the ordinance;

(e) Provide verbal instructions to each employee and require them to sign a covenant that verbal instructions have been received and understood; and

(f) Provide each employee with a written list of the types of identification that are acceptable to establish legal age. Any of the following officially issued cards of identification, if not visibly altered, which shows the person's correct age and bears the person's signature and photograph shall be sufficient proof of age and, if required and examined, shall be sufficient to establish that the licensee has not violated this chapter:

(i) Liquor control authority card of identification of any state or province of Canada;

(ii) Driver's license, instruction permit, or identification card of any state or province of Canada, or "identicard" issued by the Washington state department of licensing pursuant to RCW 46.20.117;

(iii) United States active duty military identification;

(iv) Passport; and

(v) Merchant marine identification card issued by the United States coast guard.

NEW SECTION. Sec. 8. Application for a tobacco retailers license shall be submitted in the name of the entity or person proposing to conduct retail tobacco sales on the business premise and shall be signed and notarized by such person or an agent. All applications shall be submitted on a form supplied by the director and contain the following information:

(1) The name, home address, home telephone number, date and place of birth, and social security number of the applicant if the applicant is an individual;

(2) The names, addresses, telephone numbers, and social security numbers of any partners or corporate officers; and

(3) The business name, address, and telephone number of each establishment where tobacco is retailed.

Upon receipt of an application for a tobacco retail license the director shall issue a license which must be prominently displayed at the location where tobacco retail sales are conducted.

NEW SECTION. Sec. 9. The fee for a three-year tobacco retailer's license is two hundred ten dollars for each tobacco retail location. A tobacco retail license is nontransferable, except, if a tobacco retailer changes location, a new tobacco retail license will be issued for the new address upon receipt of an application for change of location. The license will retain the same expiration date as that previously issued.

NEW SECTION. Sec. 10. It is prohibited for a retailer to sell cigarettes not in a package provided by the manufacturer with required health warnings.

NEW SECTION. Sec. 11. (1) Minors are prohibited from purchasing tobacco products. Purchase by a minor of tobacco products is hereby designated an infraction with penalties as follow:

(a) In the case of a ruling that a first infraction was found to have been committed by a minor purchaser, the minor shall be required to perform a maximum of ten hours of community service;

(b) In the case of a ruling that a second or two infractions were found to have been committed by a minor purchaser, the minor purchaser shall be required to perform a maximum of twenty-five hours community service;

(c) In the case of a ruling that three or more infractions were found to have been committed by a minor purchaser, the minor purchaser shall be required to perform a maximum of fifty hours community service.

(2) Smoking cessation classes can be ordered in addition to or in lieu of the community service for violations. Each purchase by a minor shall constitute a separate violation.

NEW SECTION. Sec. 12. Sections 1 through 11 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 13. 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. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.