Chapter 8.16
ELECTRONIC CIGARETTES, RELATED DEVICES, AND SUPPLIES
Sections:
8.16.030 Sampling and sales to minors prohibited.
8.16.050 Purchase by minors prohibited.
8.16.060 Prohibition signage to be posted – Identification required.
8.16.070 Mechanical sales restricted.
8.16.080 Penalties and enforcement.
8.16.090 Chapter to be harmonized with state or federal law.
8.16.010 Purpose and intent.
The purpose and intent of this chapter is to protect minors from the hazards of nicotine addiction and the dangers of ingesting products with no regulatory oversight as to their purity, contents, and potential negative health impacts. (Ord. C-735 § 2, 2011)
8.16.020 Definitions.
As used in this chapter:
“Electronic cigarette” or “e-cigarette” means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provide a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices.
“Liquid nicotine” means any liquid product composed of, either in whole or part, nicotine, propylene glycol, and/or other substances and manufactured for use with e-cigarettes to be converted to gas for inhaling.
“Minor” means someone under 18 years of age.
“Person” means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or any other entity or business of any kind. (Ord. C-735 § 3, 2011)
8.16.030 Sampling and sales to minors prohibited.
A. No person may give, distribute, transfer, sell, market, or offer e-cigarettes, their components, or samples to persons under 18 years of age.
B. It is a defense to a prosecution for violation of the section when the person making the gift, distribution, transfer, sale, marketing, or offer as a gift, transfer, sale, marketing, or sample reasonably relied on any of the officially issued identification referenced in RCW 70.155.090 showing the purchaser or recipient was at least 18 years old. (Ord. C-735 § 4, 2011)
8.16.040 Coupon redemption.
No person shall give or distribute e-cigarettes, or their components, to a person by a coupon if such coupon is redeemed in any manner that does require an in-person transaction in a retail store to help prevention of such merchandise by a minor. (Ord. C-735 § 5, 2011)
8.16.050 Purchase by minors prohibited.
No person under the age of 18 may purchase, attempt to purchase, possess, or obtain e-cigarettes or their components. This prohibition does not apply to activities or enforcement actions under the control of a City, state, or federal law enforcement authority or Spokane Regional Health District. (Ord. C-735 § 6, 2011)
8.16.060 Prohibition signage to be posted – Identification required.
A. Any person selling, marketing, displaying, giving, or distributing e-cigarettes, or their components, shall display a printed sign, posted so that it is clearly visible to anyone purchasing e-cigarettes or their components. The sign must be in contrasting colors and at least 20-point type and must read substantially as follows:
IF YOU ARE UNDER 18, YOU COULD BE SUBJECT TO PENALTY FOR PURCHASING E-CIGARETTES OR RELATED DEVICES OR THEIR COMPONENTS – AHMC 8.16.050. THE SALE OF E-CIGARETTES OR RELATED DEVICES OR THEIR COMPONENTS TO PERSONS UNDER THE AGE OF 18 IS STRICTLY PROHIBITED – AHMC 8.16.030. PHOTO ID REQUIRED.
B. When there may be a question of a person’s age, identification of at least sufficiently referenced in RCW 70.155.090 shall be required by any person selling, giving, or distributing e-cigarettes or their components. (Ord. C-735 § 7, 2011)
8.16.070 Mechanical sales restricted.
A. No person shall sell or permit to be sold e-cigarettes or their components through any device that mechanically dispenses such products unless the device is located fully within premises from which minors are prohibited, or in industrial worksites where minors are not employed nor permitted, and not less than 10 feet from all entrance or exit ways to and from each premises.
B. It is a defense to this section if the person demonstrates to the satisfaction of the Building Official that it is architecturally impracticable for the device to be located not less than 10 feet from all entrance and exit ways. (Ord. C-735 § 8, 2011)
8.16.080 Penalties and enforcement.
A. A minor that violates any provision of this chapter shall be subject to a civil penalty of $250.00 per violation. Each transaction and/or incident of possession by a minor shall be considered a new and separate violation.
B. Any person other than a minor that violates any provision of this chapter shall be subject to a civil fine. Each transaction shall be considered a new and separate violation. Civil fines for a violation of any part of this chapter by any person other than a minor shall be as follows:
1. For a first violation, a civil fine of $250.00 shall be assessed.
2. For a second violation, a civil fine of $500.00 shall be assessed.
3. For a third violation, a civil fine of $1,000 shall be assessed.
4. Total civil penalty, per incident, shall not exceed $5,000.
C. Civil penalties assessed may be enforced and collected in accordance with lien, personal obligation, and other procedures authorized by law.
D. This chapter shall be enforced by the Chief of the Airway Heights Police Department, or his or her designee, and the Health Officer for the Spokane Regional Health Department, or his or her designee, who shall collectively be the “enforcement officer” as that term is used in Chapter 7.80 RCW. (Ord. C-735 § 9, 2011)
8.16.090 Chapter to be harmonized with state or federal law.
A. This chapter shall be harmonized to avoid any conflict with Chapter 70.155 RCW and with all other state and federal preempting laws or regulations. Nothing in this chapter diminishes the authority of the City to enforce RCW 70.155.080 or any applicable laws or regulations.
B. This chapter shall be repealed on the day that state or federal legislation goes into effect incorporating the same or substantially similar provisions as are contained in this chapter, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the City. The City Council may repeal this chapter whether or not identical or substantially similar state or federal legislation has been enacted for the purposes of triggering the provisions of this subsection. (Ord. C-735 § 10, 2011)