arcnav.gif (3459 bytes)

Back to pending legislation

Enforcement of the Prohibition of Tobacco Product Sales to Minors Act of 1999
Bill 13-60

DC Watch Home

Council Period 12

Council Period 13

Council Period 14

Council Period 15

Election 1998

Election 2000

Election 2002

themail

Search DCWatch

Chairman Linda a W. Cropp
Councilmember Phil Mendelson

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda W. Cropp and Councilmember Phil Mendelson introduced the following bill, which was referred to the Committee on Committee on Consumer and Regulatory Affairs with comments from the Committees on the Judiciary and Human Services

To amend An Act to prohibit the sale of tobacco to minors under sixteen years of age in the District to increase the fines for sale of tobacco to minors for the first and subsequent offenses, to prohibit self-service displays and certain advertisements that encourage the illegal sale of tobacco products to minors and establish fines for first and subsequent offenses, to provide for a private right of action to enforce the provisions of this act, and to authorize the Department of Health to conduct random inspections of retail establishments that sell tobacco products; and to amend Title 47 of the District of Columbia Code to prohibit tobacco sales by vending machine and establish fines for the first and subsequent offenses.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Enforcement of the Prohibition of Tobacco Product Sales to Minors Act of 1999".

Sec. 2. Chapter 1 17 of An Act to prohibit the sale of tobacco to minors under sixteen years of age in the District, approved February 7, 1891 (26 Stat. 736; D.C. Code §22-1120), is amended as follows:

(a) Subsection (c) is amended to read as follows:

"(c) Any person who violates subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction, shall be fined for the first offense not less than $500 and not more than $750, or imprisoned not more than 30 days, or both. Any person convicted of a subsequent violation of subsection (a) or (b) of this section shall be fined not less than $750 and not more than $1,500, or imprisoned not more than 1 year, or both.".

(b) A new subsection (f) is added to read as follows:

"(f)(1) For the purposes of this subsection, the terms:

"(A) "Free-standing or self-service display" means a display within a retail establishment's control that allows the customer to select individual containers, packages, or cartons of any tobacco product.

"(B) "Person" means any natural person, partnership, co-partnership, firm, company, corporation, limited liability corporation, agency, association, joint stock association, or other legal entity.

"(C) "Playground" means any outdoor premises or grounds owned or lawfully operated by or on behalf of, the Board of Education, the Department of Recreation, a youth center, or any public, private, or parochial school which contains any device, structure, or implement, fixed or portable, used or intended for use by persons under the age of 18 years for recreational or athletic purposes including, but not limited to, play equipment such as a sliding board, swing, jungle gym, sandbox, climbing bar, wading pool, obstacle course, see-saw, baseball diamond, athletic field, or basketball court.

"(D) "Publicly visible location" means any location inside a commercial establishment immediately adjacent to a window or door where such location is visible from any street, sidewalk, or public thoroughfare.

"(E) "School" means any building or property, or any portion thereof, owned, occupied by, or under the custody or control of any public, private, or parochial institution and lawfully used for the primary purpose of providing educational instruction to students at or below the twelfth grade level.

"(F) "Tobacco product" means tobacco in any of its forms, including, but not limited to, cigarettes, cigars, loose tobacco leaf, snuff, or smokeless or spit tobacco.

"(G) "Tobacco product advertisement" means any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display, or visual image of any kind, recognizable color or pattern of colors, or any indica of product identification identical or similar to, or identifiable with, those used for any brand of tobacco product, or any combination thereof, the purpose or effect of which is to promote the use or sale of a tobacco product, a trademark of a tobacco product, or a trade name associated exclusively with a tobacco product.

"(H) "Youth center" means any building or structure, or portion thereof, lawfully occupied by any person for the primary purpose of operating a trade school, including those conducting after-school vocational, remedial, tutorial, educational assistance programs, or an indoor recreation center, including recreational, cultural, physical fitness, or sports programs, for persons under the age of 18 years, and which has been certified as such by the Department of Recreation.

"(2) Free-standing or self service displays of tobacco products are prohibited. All tobacco products shall remain behind the counter, not accessible to the public, and shall be selected by a clerk or employee of the retail establishment. This section shall not apply to a tobacco shop or store that primarily concerns itself with selling tobacco and smoking equipment.

"(3) The following outdoor advertising is prohibited:

"(A) It shall be unlawful for any person to place, cause to be place, maintain, or cause to be maintained, a tobacco product advertisement at any location within 1,000 feet of a school, playground, youth center, Boys or Girls Club, YMCA or YWCA, or public swimming pool, in any outdoor area including, but not limited to, billboards, roofs, sides, windows, and doors of buildings, rolling shutters or gates, water tanks and towers, or free-standing signboards.

"(B) It shall be unlawful for any person to place, cause to be placed, maintain, or cause to be maintained, a tobacco product advertisement in the interior of a building or structure which is within 1,000 feet of a school, playground, youth center, Boys or Girls Club, YMCA or YWCA, or public swimming pool, which is outward facing and is situated in a publicly visible location from the exterior of the building or structure.

"(C) Tobacco product advertisements on Metrorail trains, bus shelters and in rail stations within the District of Columbia are prohibited after June 30, 1999.

"(D) Tobacco product advertisements on Metrobuses are prohibited.

"(E) Tobacco product advertisements on the outside or inside of city-owned or operated buildings are prohibited.

"(4)(A) Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provision of this subsection shall be guilty of a misdemeanor and, upon conviction in any court of competent jurisdiction, shall be subject to a fine as set forth in paragraph (4)(B) of this subsection.

"(B) Judgments for a first offense of the provisions of this subsection shall be not less than $500 plus court costs and not more than $750 plus court costs; judgments for subsequent offenses shall be not less than $750 plus court costs and not more than $3,000 plus court costs. Each individual advertisement found to be in violation of this section shall constitute a separate offense.

"(5)(A) For the purpose of this paragraph, an "enforcement action" has occurred if one of the following has taken place:

(1) A violator of section 2(b) or section 3 of this act has removed the tobacco product advertisement or vending machine;

(2) The Department of Consumer and Regulatory Affairs ("Department") has assessed a penalty pursuant to section 2(b) or section 3 of this act; or

(3) The Department has determined in a publicly available written notice with justification that there has been no violation of section 2(b) or section 3 of this act.

"(B) Section 2(b) or section 3 of this act may be enforced by a private plaintiff who seeks injunctive relief in Superior Court, provided that the conditions under paragraph (5)(C) of this subsection have been met.

"(C) From the date the Department has been notified or is otherwise made aware of a potential violation of this act, the Department has 60 days to institute an enforcement action, as defined in paragraph (5)(A) of this subsection, before a private right of action shall be permitted. If the Department institutes an enforcement action within this 60-day period, no private right of action shall be permitted against the alleged violator for the potential violation in question."

(c) A new subsection (g) is added to read as follows:

"(g) The Department of Health through the Addiction, Prevention and Recovery Administration ("APRA") shall conduct a semiannual inspection and random, unannounced inspections of retail establishments that sell tobacco products to monitor compliance with this act. It shall not be a violation of this act for APRA to use individuals under 18 years of age or younger. A determination of noncompliance shall be provided to the appropriate agency for enforcement within 60 days of the inspection.".

Sec. 3. D.C. Code §47-2404 is amended as follows:

(a) Subsection (a) is amended by striking the phrase "display for sale in vending machines,";

(b) Subsection (b)( 1 ) is amended by striking the phrase "or vending machine operator,";

(c) Subsection (b)(2) is amended by adding the phrase ", or to sell cigarettes outside of their original package or individually" after the word "resale".

(d) Subsection (b)(3) is amended to read as follows:

"(3) Vending machine operator's licenses prohibited.

"(A) No license shall be issued for the sale of any tobacco product from or by means of a vending machine.

"(B) Judgment for the first offense of the provisions of subsection (b) shall be not less than $500 plus court costs and not more than $750 plus court costs; judgments for subsequent offenses shall be not less than $1,500 plus court costs and not more than $5,000 plus court costs.".

Sec. 4. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).

Sec. 5. This act shall take effect following approval of the Mayor (or in the event of veto by the Mayor, action by the Council of the district of Columbia to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day Congressional review as provided in section 602(c)(1) of the of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.

Back to top of page


Send mail with questions or comments to webmaster@dcwatch.com
Web site copyright ©DCWatch (ISSN 1546-4296)