Chapter 6A.44
SALES OF TOBACCO PRODUCTS
TO MINORS
Sections:
6A.44.030 Violations – By minor.
6A.44.040 Violations – Sales, transfers to minors.
6A.44.050 Penalties for violations of WCC 6A.44.030.
6A.44.060 Penalties for violations of WCC 6A.44.040.
6A.44.010 Findings.
Based upon studies in relation to the negative impact of tobacco use upon the health of individuals, the city finds that the public health and safety are served by the prohibition of the acquisition, possession, and use of tobacco products by individuals less than the age of 18. (Ord. 98-42 § 1)
6A.44.020 Definitions.
For purposes of this chapter, the following terms shall mean as follows, unless otherwise required by the context:
(1) “Minor” means an individual less than the age of 18 years.
(2) “Public place” means a public street, alley, right-of-way, sidewalk, park, or any structure, facility, or area within the city generally open to the public. By way of example, and not by way of limitation, it shall include schools, school grounds, stores, restaurants, parking lots, the interior of a motor vehicle located upon or within a public place, or private property upon which the individual does not have specific authority to be present.
(3) “Tobacco product” or “tobacco” means a product which contains tobacco and is intended for human consumption. By way of illustration, it shall include cigarettes, cigars, cigarillos, and chewing tobacco. (Ord. 98-42 § 2)
6A.44.030 Violations – By minor.
A minor commits an infraction by either:
(1) Purchasing or attempting to purchase or obtaining or attempting to obtain tobacco products; or
(2) Uses or consumes a tobacco product in a public place. Upon a finding of committed, that individual shall be subject to the civil penalties, and mitigation therefrom, set forth in WCC 6A.44.050. (Ord. 98-42 § 3)
6A.44.040 Violations – Sales, transfers to minors.
It shall be unlawful to sell, give, or transfer, or to allow the sale, gift, or transfer to any minor any tobacco product, including, but not limited to, any cigar, cigarette, or chewing tobacco. Compliance with RCW 70.155.090(2), as now existing or hereafter amended or succeeded shall be a defense to a prosecution under this section. (Ord. 98-42 § 4)
6A.44.050 Penalties for violations of WCC 6A.44.030.
An individual found to have violated the provisions of WCC 6A.44.030 shall be subject to the following penalties:
(1) For the first violation, a monetary penalty of $25.00 or, in the discretion of the court, proof of successful participation in a smoking cessation program, or both.
(2) For the second violation found to have been committed, a monetary penalty of $50.00 and, upon the order of the court, proof of successful participation in a smoking cessation program.
(3) For the third and successive violations found to have been committed, a monetary penalty of up to $250.00; provided, that $75.00 of said penalty may not be suspended nor deferred. (Ord. 98-42 § 5)
6A.44.060 Penalties for violations of WCC 6A.44.040.
A violation of WCC 6A.44.040 shall constitute an infraction and shall be punishable by the imposition of a monetary fine of up to $250.00 for each violation. (Ord. 98-42 § 6)