WSR 98-20-078
PROPOSED RULES
LIQUOR CONTROL BOARD
[Filed October 6, 1998, 10:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-11-081.
Title of Rule: How old do employees have to be to sell and handle cigarettes or tobacco products?
Purpose: This rule clarifies the conditions under which persons under eighteen years of age may sell and handle cigarettes and tobacco products.
Statutory Authority for Adoption: RCW 66.08.030, chapter 133, Laws of 1998.
Statute Being Implemented: Chapter 133, Laws of 1998.
Summary: Chapter 133, Laws of 1998 made it a class 3 civil infraction for persons under eighteen years of age to possess tobacco products. The changes to this rule clarify that employees under eighteen years of age may sell and handle tobacco products provided a person eighteen years of age or older is on the premises to supervise the sale.
Name of Agency Personnel Responsible for Drafting and Implementation: Jan Britt, P.O. Box 43075, Olympia, WA 98504-3075, (360) 753-2710; and Enforcement: Gary Gilbert, P.O. Box 43075, Olympia, WA 98504-3075, (360) 753-2710.
Name of Proponent: Washington State Liquor Control Board, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The changes to this rule clarify that employees under eighteen years of age may sell and handle tobacco products provided a person eighteen years of age or older is on the premises to supervise the sale.
Chapter 133, Laws of 1998 made it a class 3 civil infraction for persons under eighteen years of age to possess tobacco products. The purpose of this proposed revision is to clarify that "possession" does not include selling or handling tobacco products by employees of grocery and convenience stores.
Proposal Changes the Following Existing Rules: The rule previously stated that employees of any age can sell and handle tobacco products. Chapter 133, Laws of 1998 made it a class 3 civil infraction for persons under eighteen years of age to possess tobacco products. The proposed revisions to this rule clarify that "possession" does not include selling or handling tobacco products by employees of grocery and convenience stores.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in section 201.
Hearing Location: DoubleTree Hotel Bellevue, Lakehills Room, 300 112th Avenue S.E., Bellevue, WA 98004, on November 18, 1998, at 2:00 p.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by November 17, 1998, TDD (360) 586-4727, or (360) 586-1641.
Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, fax (360) 704-4920, by November 18, 1998.
Date of Intended Adoption: November 23, 1998.
October 1, 1998
Nathan S. Ford, Jr.
Chair
OTS-2558.1
AMENDATORY SECTION (Amending WSR 93-23-016, filed 11/5/93, effective 12/6/93)
WAC 314-10-040 ((Employees under 18 allowed to sell and
handle tobacco products.)) How old do employees have to be to
sell and handle cigarettes or tobacco products? ((Employers
holding a cigarette retailers license issued under RCW 82.24.500
may allow employees of any age to sell tobacco products provided
their employees meet the age employment requirements set by the
department of labor and industries (RCW 26.28.060 and WAC 296-125-018).)) (1) Any employee can sell and handle tobacco products
when:
(a) The business has a cigarette retailer's license; or
(b) The business has registered with the department of revenue; and
(c) There is a supervising employee who is eighteen years of age or older on the retail premises.
(2) If someone under fourteen years of age is employed by a retailer, the retailer must comply with the requirements of the department of labor and industries under RCW 26.28.060 and WAC 296-125-018.
(3) Having an employee under eighteen years of age who handles and sells cigarettes and tobacco products according to subsections (1) and (2) of this section is not:
(a) Considered "possessing" cigarettes and tobacco products and is therefore not a violation of RCW 70.155.080(1); or
(b) Considered "giving" the employee cigarettes and tobacco products and is therefore not a violation of RCW 26.28.080.
[Statutory Authority: RCW 66.08.030. 93-23-016, § 314-10-040, filed 11/5/93, effective 12/6/93.]