Chapter 8.28
CIGARETTES AND TOBACCO PRODUCTS AND SMOKING IN PUBLIC PLACES
Sections:
8.28.020 Tobacco vending machines prohibited.
8.28.030 Warning posting of tobacco products required.
8.28.040 Cigarette sales by package only.
8.28.070 Smoking in public places.
8.28.080 Regulation of smoking in public places and inhalant delivery systems.
8.28.010 Definitions.
A. “Sales conducted in person” means that payment for the purchase of the tobacco item is received directly and in person from the purchaser by the seller or his/her employee. Sales from tobacco vending machines which are located in plain view of the seller or of his/her employee and which are controlled by an electronic device activated by the seller or his/her employee shall be considered to be “sales conducted in person.”
B. “Tobacco machine operator” means any person who operates, rents or possesses one or more tobacco vending machine.
C. “Tobacco vending machine” means and includes any machine or device designed for or used for the vending of cigarettes, cigars, tobacco or any tobacco products upon the insertion of coins, trade checks or slugs. (Ord. 643 § 1, 1989)
8.28.020 Tobacco vending machines prohibited.
After January 1, 1990, 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 in this city; provided, that this section shall not prohibit the installation and use of a tobacco vending machine by a proprietor, his/her agents or his/her employees eighteen years or older in:
A. 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 and/or exit ways; or
B. 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. (Ord. 16-10 § 2 (part), 2016: Ord. 643 § 2, 1989)
8.28.030 Warning posting of tobacco products required.
No one shall sell or permit to be sold cigarettes or other tobacco products, unless the tobacco vending machine or other location at which the cigarettes or other tobacco products are available for purchase is posted with a notice at point of purchase which is clearly visible to anyone considering purchase of the products, and which states:
IT IS ILLEGAL TO SELL OR PERMIT TO BE SOLD ANY TOBACCO PRODUCTS TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) — R.C.W. 26.28.080; BATTLE GROUND ORDINANCE NO. 643.
The notice must be black letters at least one inch in height on a white background, and will be made available by the city clerk’s office or the Department of Health. (Ord. 16-10 § 2 (part), 2016: Ord. 643 § 3, 1989)
8.28.040 Cigarette sales by package only.
It is unlawful for a retailer to sell cigarettes except in an unopened package provided by the manufacturer with required health warnings. (Ord. 643 § 4, 1989)
8.28.050 Samples.
It is unlawful for a manufacturer, a retailer or any other distributor of tobacco products to distribute free samples of tobacco products in any setting within the jurisdiction of Battle Ground. (Ord. 643 § 5, 1989)
8.28.060 Violation—Penalty.
All law enforcement personnel of the city are authorized and directed to enforce the terms and provisions of the ordinance codified in this chapter. Any violation shall be a misdemeanor and any person committed thereof shall be liable to a fine of not to exceed five hundred dollars and to a jail sentence of not to exceed five days. (Ord. 643 § 6, 1989)
8.28.070 Smoking in public places.
Chapter 70.160 RCW, Smoking in Public Places, as presently written and as it may be hereafter amended shall be and is hereby adopted by reference. (Ord. 16-10 § 2 (part), 2016: Ord. 643 § 7, 1989)
8.28.080 Regulation of smoking in public places and inhalant delivery systems.
Clark County Chapter 24.20, Regulation of Smoking in Public Places and Inhalant Delivery Systems, as presently written and as it may be hereafter amended shall be and is hereby adopted by reference. (Ord. 16-10 § 2 (part), 2016)