Chapter 9.92
SALE OF TOBACCO PRODUCTS
Sections:
9.92.020 Vending machines prohibited.
9.92.030 Posting of tobacco products required.
9.92.040 Cigarette sales by package only.
9.92.010 Definitions.
For purposes of this chapter: “Sales conducted in person” means the 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.”
“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.
“Tobacco machine operator” means any person who operates, rents or possesses one or more tobacco vending machine(s). (Ord. 979 § 1, 1990)
9.92.020 Vending machines prohibited.
After February 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 18 years or older 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 10 feet from all entrance and/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. (Ord. 979 § 2, 1990)
9.92.030 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)/RCW 26.28.080 WASHOUGAL CITY ORDINANCE NO. 979.
This notice must be in 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. 979 § 3, 1990)
9.92.040 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. 979 § 4, 1990)
9.92.050 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 the city. (Ord. 979 § 5, 1990)
9.92.060 Enforcement.
All law enforcement personnel of the city are authorized and directed to enforce the terms and provisions of this chapter. Any violation shall be a misdemeanor and any person convicted thereof shall be liable to a fine of not to exceed $500.00 and/or to a jail sentence of not to exceed five days. (Ord. 979 § 6, 1990).