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                                          SUBSTITUTE HOUSE BILL NO. 1711

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                                                           AS AMENDED BY THE SENATE

 

                                                                          C 357 L 89 PV

 

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By House Committee on Commerce & Labor (originally sponsored by Representatives Cole, R. King, Winsley, Jacobsen, Wood, Wang, Patrick, Anderson, Wineberry, Walker and Todd)

 

 

Read first time 3/1/89 and referred to Committee on Appropriations.

 

 


AN ACT Relating to establishing a crime prevention employee training program in businesses operating during late night hours; adding a new chapter to Title 49 RCW; prescribing penalties; and providing an effective date.

 

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

 

          NEW SECTION.  Sec. 1.     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

          (1) "Department" means the department of labor and industries.

          (2) "Late night retail establishment" means any business or commercial establishment making sales to the public between the hours of eleven o'clock p.m. and six o'clock a.m., except restaurants, hotels, taverns, or any lodging facility.

          (3) "Employer" means the operator, lessee, or franchisee of a late night retail establishment.

 

          NEW SECTION.  Sec. 2.     All employers operating late night retail establishments shall provide to their employees crime prevention training.  Such crime prevention training shall be a part of the accident prevention program requirements imposed pursuant to the Washington industrial safety and health act of 1973, chapter 49.17 RCW, and shall be limited to:

          (1) Providing a training manual developed and distributed by the department to employers or a manual which has been certified by the department pursuant to this section containing security policies, safety and security procedures, and personal safety and crime avoidance techniques; and

          (2) Attendance at a training seminar or training video presentation developed and distributed by the department or at a training seminar or training video presentation certified by the department pursuant to this section.

 

          NEW SECTION.  Sec. 3.     In addition to providing crime prevention training as provided in section 2 of this act, all employers operating late night retail establishments shall:

          (1) Post a conspicuous sign in the window or door which states that there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register contains only the minimal amount of cash needed to conduct business:  PROVIDED, That an employer shall not be subject to penalties under section 4 of this act for having moneys in the cash register in excess of the minimal amount needed to conduct business;

          (2) So arrange all material posted in the window or door so as to provide a clear and unobstructed view of  the cash register, provided the cash register is otherwise in a position visible from the street;

          (3) Have a drop-safe, limited access safe, or comparable device on the premises; and

          (4) Operate the outside lights for that portion of the parking area that is necessary to accommodate customers during all night hours the late night retail establishment is open, if the late night retail establishment has a parking area for its customers.

 

          NEW SECTION.  Sec. 4.     The requirements of this chapter shall be implemented and enforced, including rules, citations, violations, penalties, appeals, and other administrative procedures by the director of the department of labor and industries pursuant to the Washington industrial safety and health act of 1973, chapter 49.17 RCW.

 

          NEW SECTION.  Sec. 5.     It is the sole responsibility of the employer to comply with the provisions of this chapter:  PROVIDED, That no employer is subject to the penalties for noncompliance with section 2 of this act if the training manual was provided to employees and the employer gave written notice to the employees of the time, date, and place of the training seminar or video presentation.

 

          NEW SECTION.  Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 49 RCW.

 

          NEW SECTION.  Sec. 7.     This act shall take effect January 1, 1990.  The director of the department of labor and industries may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.


                                                                                                                           Passed the House April 20, 1989.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                           Passed the Senate April 14, 1989.

 

                                                                                                                                       President of the Senate.