Chapter 9.81
MINORS AND TOBACCO PRODUCTS

Sections:

9.81.010    Sale of tobacco to minors.

9.81.020    Purchasing or obtaining tobacco by minor.

9.81.025    Refusal to give information.

9.81.030    Police officer authority.

9.81.010 Sale of tobacco to minors.

A.    Every person who sells or gives, or permits to be sold or given, to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor.

B.    It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

C.    It is a defense to a prosecution for a violation of this section that the person making a sale of tobacco products reasonably relied on any of the officially issued identification as defined in RCW 70.155.090(1), as now or hereafter amended. (Ord. 2003-94 § 1, 1994)

9.81.020 Purchasing or obtaining tobacco by minor.

A.    A person under the age of eighteen who purchases or attempts to purchase, possess, or obtains or attempts to obtain cigarettes or tobacco products commits a civil infraction and is subject to a fine of fifty dollars, not including any statutory assessments, or participation in up to four hours of community service, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

B.    The municipal court of the city of Everett shall have jurisdiction for the enforcement of this chapter. (Ord. 2312-98 § 1, 1998: Ord. 2003-94 § 2, 1994)

9.81.025 Refusal to give information.

A.    Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation of a violation of Section 9.81.020 of this chapter has a duty to identify himself or herself and give his or her current address.

B.    “Law enforcement officer” means any general authority, limited authority, or specially commissioned Washington peace officer as those terms are defined in RCW 10.93.020, as now or hereafter amended.

C.    Violation of any of the provisions of this section is a misdemeanor, and may be punished by a fine not to exceed one thousand dollars, or imprisonment in jail not to exceed ninety days, or by both such imprisonment and fine. (Ord. 2312-98 § 2, 1998)

9.81.030 Police officer authority.

For the purpose of enforcing the provisions of Sections 9.81.010 and 9.81.020 of this chapter, a police officer who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products is under the age of eighteen years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person’s true identity and date of birth. Further, tobacco products possessed by persons under the age of eighteen years of age are considered contraband and may be seized by a police officer. (Ord. 2003-94 § 3, 1994)