Chapter 5.15
REGULATION OF SALE OF
TOBACCO PRODUCTS
Sections:
5.15.010 Definitions.
5.15.020 Tobacco vending machines.
5.15.030 Requirement for production of identification.
5.15.040 Posting of tobacco products required.
5.15.050 Penalty.
5.15.010 Definitions.
A. “Retailer” means any person, firm, association, company, partnership, or corporation who operates a store, stand, booth, concession, or other place at which sales are made to purchasers for consumption or use of tobacco products.
B. “Tobacco vending machine” means and includes any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, trade checks, slugs or credit cards.
C. “Minor” means an individual who is less than 18 years of age.
D. “Sales conducted in person” means payment for which the purchase of the tobacco item is received directly and in person from the purchaser by the seller or his employee. Tobacco vending machines which are located in plain view of the seller or his employee and controlled by an electronic device activated by the seller or his employee, upon the buyer's presentation of acceptable identification as required in ECC 5.15.030, shall be deemed “sales conducted in person.” [Ord. 2702, 1989].
5.15.020 Tobacco vending machines.
It is unlawful to install, place or permit the use of any tobacco vending machine in any establishment or portion thereof which is open to minors, except in a place therein where the machine is not accessible to or cannot be used by minors; provided however, that this section shall not apply to the installation and use by the proprietor, his agent or employees, of tobacco vending machines behind a counter or in some place in any such establishment or portion thereof in which access by minors is prohibited by law; provided, further, this regulation shall not apply to the installation and use of a tobacco vending machine in commercial buildings or industrial plants or portions thereof where the public is not usually admitted and where such machines are intended for the sole use of the employees employed therein who are not minors. [Ord. 2702, 1989].
5.15.030 Requirement for production of identification.
No retailer or employee of a retailer shall sell or permit to be sold, by vending machine or otherwise, cigarettes or other tobacco products to any individual suspected of being a minor. If the retailer or the retailer's employee suspects that a minor is attempting to purchase a tobacco item, the retailer or retailer's employee shall request and examine identification from the purchaser and positively establish the purchaser's age as 18 years or greater before allowing the purchase of the tobacco item to occur. [Ord. 2702, 1989].
5.15.040 Posting of tobacco products required.
No retailer 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 which is clearly visible to anyone purchasing 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 18 YEARS OF AGE – RCW 26.28.080
The notice must be black letters at least one inch in height on a white background, and will be made available through the city clerk at the request of any retailer. [Ord. 2702, 1989].
5.15.050 Penalty.
Unless otherwise provided in this chapter or by state statute adopted by reference, any person violating any provision of this chapter shall be punished by a fine not to exceed $5,000. [Ord. 2853 § 19, 1991; Ord. 2702, 1989].