WSR 99-03-031
PERMANENT RULES
LIQUOR CONTROL BOARD
[Filed January 13, 1999, 1:19 p.m.]
Date of Adoption: December 3, 1998.
Purpose: To clarify the conditions under which persons under eighteen years of age may sell and handle cigarettes and tobacco products.
Citation of Existing Rules Affected by this Order: Amending WAC 314-10-040.
Statutory Authority for Adoption: RCW 66.08.030.
Adopted under notice filed as WSR 98-20-078 on October 6, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
January 11, 1999
Charles F. Brydon
Board Member
OTS-2558.1
AMENDATORY SECTION (Amending WSR 93-23-016, filed 11/5/93, effective 12/6/93)
WAC 314-10-040 ((Employees under 18 allowed to sell and
handle tobacco products.)) How old do employees have to be to
sell and handle cigarettes or tobacco products? ((Employers
holding a cigarette retailers license issued under RCW 82.24.500
may allow employees of any age to sell tobacco products provided
their employees meet the age employment requirements set by the
department of labor and industries (RCW 26.28.060 and WAC 296-125-018).)) (1) Any employee can sell and handle tobacco products
when:
(a) The business has a cigarette retailer's license; or
(b) The business has registered with the department of revenue; and
(c) There is a supervising employee who is eighteen years of age or older on the retail premises.
(2) If someone under fourteen years of age is employed by a retailer, the retailer must comply with the requirements of the department of labor and industries under RCW 26.28.060 and WAC 296-125-018.
(3) Having an employee under eighteen years of age who handles and sells cigarettes and tobacco products according to subsections (1) and (2) of this section is not:
(a) Considered "possessing" cigarettes and tobacco products and is therefore not a violation of RCW 70.155.080(1); or
(b) Considered "giving" the employee cigarettes and tobacco products and is therefore not a violation of RCW 26.28.080.
[Statutory Authority: RCW 66.08.030. 93-23-016, § 314-10-040, filed 11/5/93, effective 12/6/93.]