Ordinance 27020006.90000
WSS/crd
01/19/89
ORDINANCE NO. 2702
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE
TO ADD A NEW CHAPTER 5.15 RELATING TO THE
REGULATION OF SALE OF TOBACCO PRODUCTS, AMENDING
THE PROVISIONS OF SECTION 5.50.020 TO ADD A NEW
SUBPARAGRAPH F TO PROVIDE A PENALTY AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council of the City of Edmonds finds
that the use of tobacco products, and in particular cigarette
smoking by minors, is a continuing problem with grave social
consequences, and
WHEREAS, in recognition of the Surgeon General's recent
report finding cigarette smoking to be as addictive as cocaine
and heroine, the Council finds that it is the consensus of the
medical and public health community and the Surgeon General of
the United States that the use of tobacco, especially in the form
of cigarette smoking, is a public health problem of the highest
priority which results in the premature death of more than
300,000 persons annually in this nation through cancer, health
disease and other causes, and
WHEREAS, the Council finds that it is imperative to
take more vigorous enforcement action to implement the existing
prohibition of sales to minors, and
WHEREAS, the Council seeks to act in order to avoid
public and private costs of future health care for youths who
develop the habit of smoking in their adolescence, and
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WHEREAS, tobacco products and especially cigarettes are
often available to persons under the age of 18, and
WHEREAS, the Council further finds the decades of
experience with the present system of prohibiting sales of
tobacco products to minors has proven significantly defective,
and
WHEREAS, the Council seeks to develop a strict,
comprehensive, effective and enforceable system in order to
control the sale of tobacco products to minors, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
Section 1. The Edmonds City Code is hereby amended
by the addition of a new Chapter 5.15 to be entitled REGULATION
❑F SALE OF TOBACCO PRODUCTS and to read as follows:
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
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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 Section 5.15.030, shall be
deemed "sales conducted in person."
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; PROVIDE❑ 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.
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.
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
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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 EIGHTEEN (18) YEARS OF AGE - RCW 26.28.080
The notice must be black letters at least one
(1) inch in height on a white background, and
will be made available through the City Clerk
at the request of any retailer.
5.15.050 PENALTY. Violation of any
provision of this ordinance shall be
punishable as provided in Section
5.50.020(F).
Section 2. The provisions of Section 5.50.020 of the
Edmonds City Code relating to Penalties is hereby amended by the
addition of a new subparagraph F to read as follows:
5.50.020 PENALTIES
F. Any person violating the provisions of
Chapter 5.15 shall be guilty of a
misdemeanor and be punished by a fine of
$500 for each such offense.
Section 3. This ordinance, being necessary as an
emergency measure for the preservation of the health, safety and
welfare of the citizens of Edmonds shall not be subject to
referendum and shall be effective February 8, 1989
APPROVED:
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ATTEST/AUTHENTICATED:
dITlf CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF, THE CITY TTORNEY:
BY
FILED WITH THE CITY CLERK: January 21, 1989
PASSED BY THE CITY COUNCIL: February 7, 1989
PUBLISHED: February 12, 1989
EFFECTIVE DATE: February 8, 1989
ORDINANCE NO. .27Q2_
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STATE OF WASHINGTON,
COUNTY OF SNOHOIKISH,
OF EDMONOS. WASHIINGTON
1999n Me Cityy Crath in l$ of the Cihv
of Edmonds passed Ordinance
No. 2702. d summary of the
Content of sold ordlnon".
conSlstlnq of the till., prarld. as
follows:
AN ORDINANCE OF THE
CITY Or
TON AMENDING EDMONO5YHFAPRDVt.
SIO45 OF THE EOMONDS CITY
C-ODE . ro ADD A NCW
PRQVQE A PENALTY AND
FIXING A TIME WHEN THE
SAME .SHALL 6E COME
EFFECTIVE.
The full reset of this Ordinance
wIll be mailed upon request.
DATED this 7th dov of Febru-
ary, 1"9.
JACOC eE1.1NE G. PARRETT
Cftrk
Pohllshed: February 12, 1989.
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
slry.. . 2702.......................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
1989
................:..............................
and that said newspaper was regularly distributed to its subscribers
during all of -said period. ~^� .
f
............................ ...........:............ ........ ...
Principal Clerk
Subscribed and sworn to before me this.-..1.2th ...............
day of........
Not
r •d
Public ir►1 an for the State of Washington,
at Everett, Snohomish County.
8-2-1