RETAIL SALE OF TOBACCO PRODUCTS

SEA-MC tit. 6, subtit. IV, ch. 6.240

in effect

Seattle Mun. Code § 6.240.010 Definitions

6.240.010 - Definitions As used in this Chapter 6.240, the following terms shall have the following meanings: "Minor" means any individual who is less than 21 years of age. "Tobacco product retailer" means a person who offers for sale or who sells any tobacco product at or from any location to any individual other than a person who purchases the tobacco product for the purposes of resale as tangible personal property in the regular course of business without intervening use by such person. "Tobacco vending machine" means any machine or device designed or used for the vending of a tobacco product upon the insertion of money, a trade check, slug or other activating device. "Tobacco product" means any pipe tobacco, chewing tobacco, snuff, cigar, cigarette, or cigarillo. "Vapor product" means a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. Vapor product does not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act. (Ord. 125937, § 1, 2019; Ord. 124301, § 1, 2013; Ord. 115948, § 1, 1991; Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.020 Tobacco product retailer's license required

6.240.020 - Tobacco product retailer's license required No person shall offer for retail sale at any location within The City of Seattle any tobacco product without having a valid City license therefor. For the purposes of this Chapter 6.240, all tobacco vending machines owned or managed by the same operator at a single business address shall be deemed to be one operation for which a single tobacco product retailer's license shall be required. A separate tobacco product retailer's license shall be required for each motor vehicle from which any tobacco product is offered for retail sale. A license may be issued to authorize the retail sale of tobacco product from a motor vehicle only where such vehicle follows one or more fixed and definite retail sales routes having sales location stops only at business, industrial, or construction sites, which routes are precisely described on the license application form submitted to the Director. (Ord. 115948, § 2, 1991; Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.040 License expiration dates

6.240.040 - License expiration dates A tobacco product retailer's license issued pursuant to Section 6.240.020 shall be valid for an initial period ending June 30, 1991; thereafter, any such license shall be valid for an annual period, beginning on the immediately following July 1, and expiring on the next succeeding June 30. (Ord. 115948, § 3, 1991; Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.050 Change of route or location of tobacco product retailer's licensed operation

6.240.050 - Change of route or location of tobacco product retailer's licensed operation In the event a licensed tobacco product retailing operation is relocated to any route different from that identified on a tobacco product retailer's license, such license shall become void. The Director shall issue a tobacco product retailer's license for a new route pursuant to Section 6.202.100 if application therefor is filed pursuant to Sections 6.202.130 and 6.202.140, and the change of route fee specified in Section 6.204.120 is paid. Any license issued pursuant to this Section 6.240.050 shall expire on the expiration date of the tobacco product retailer's license made void by a change in such licensee's location. (Ord. 115948, § 4, 1991; Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.070 Tobacco vending machines prohibited except in certain locations

6.240.070 - Tobacco vending machines prohibited except in certain locations No tobacco product may be sold or offered for sale from any vending machine unless said machine: A. Is located fully within premises in which minors are expressly prohibited by law from entering and not less than 10 feet from any entrance to or exit from such premises; or B. Has been provided solely for the use of the employees in a commercial building or industrial plant and is located in an area of such building or plant into which minor employees are usually not permitted to enter, that the public is expressly prohibited from entering, and that has posted, at each entrance to such area, a sign indicating that such area is not open to the public. (Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.080 Sale of tobacco products not contained in sealed, previously unopened packaging bearing legally required health warnings prohibited

6.240.080 - Sale of tobacco products not contained in sealed, previously unopened packaging bearing legally required health warnings prohibited No tobacco product retailer or any agent or employee thereof shall offer for sale or sell any tobacco product that is not contained in a sealed, previously unopened package bearing, in accordance with any applicable law, the health warning required for such product (if any). (Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.090 Minors prohibited from purchasing tobacco products

6.240.090 - Minors prohibited from purchasing tobacco products No minor shall purchase any tobacco product. (Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.100 Sale of tobacco product to minor unlawful

6.240.100 - Sale of tobacco product to minor unlawful A. Every person who sells or gives, or permits to be sold or given, to any minor any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is guilty of a gross misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed and none of the mental states described in Section 12A.04.030 need be proved. It shall be no defense to a prosecution for a violation of this subsection that the person acted, or was believed by the defendant to act, as agent or representative of another. B. No tobacco product retailer shall sell or permit any agent or employee of such retailer to sell any tobacco product to a potential purchaser where there may be any question of such purchaser's right to purchase a tobacco product because of the purchaser's age, without first having requested and examined identification provided by the potential purchaser that positively establishes that said person is not a minor. In the event that the tobacco product retailer or an agent or employee thereof fails to request and examine such identification before making a tobacco product sale and the purchaser was, in fact, a minor at the time such failure occurs, such retailer shall be deemed to have had no conclusive basis for determining that a tobacco product sale could lawfully be made to such purchaser. Every tobacco product sale to a minor shall constitute a separate violation unless multiple purchases are made during a single visit by such minor to a tobacco product retailer's premises, in which event all sales made during that visit shall constitute a single violation. (Ord. 125937, § 2, 2019; Ord. 124301, § 2, 2013; Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.110 Acceptable forms of proof of age for tobacco product purchasing

6.240.110 - Acceptable forms of proof of age for tobacco product purchasing Any of the following officially issued forms of identification, if not visibly altered and if bearing thereon the cardholder's signature, birth date, and photograph, shall be sufficient proof of age for the purposes of this Chapter 6.240: A. A liquor control authority card of identification issued by any state of the United States of America or a province of Canada; B. A driver's license, instruction permit, or identification card issued by any state of the United States of America or a province of Canada; C. A United States active duty military identification card; D. A passport from any nation admitted to the United Nations; E. A Merchant Marine identification card issued by the United States Coast Guard; or F. An "identicard" issued by the Washington State Department of Licenses pursuant to RCW 46.20.117. (Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.120 Prohibition against distribution of tobacco product samples

6.240.120 - Prohibition against distribution of tobacco product samples No person shall, on behalf of a tobacco product retailer, distributor, or manufacturer, or any person or entity having an interest in a tobacco product vending machine, give away or distribute, or employ another to give away or distribute, any sample of any tobacco product to the general public. Each item given away shall constitute a separate infraction. (Ord. 115948, § 5, 1991; Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.200 Violation of Sections 6.240.020, 6.240.050 through 6.240.080, or 6.240.120 constitutes civil infraction

6.240.200 - Violation of Sections 6.240.020, 6.240.050 through 6.240.080, or 6.240.120 constitutes civil infraction Notwithstanding any contrary provision in Section 6.202.470, each act or omission in violation of Sections 6.240.020, 6.240.050 through 6.240.080, or 6.240.120 shall constitute a civil infraction, which shall be punishable as follows: A. Initial infraction: Imposition of a monetary penalty of $50 and, where applicable, suspension of the tobacco product retailer's license for not less than 30 nor more than 90 days; B. Second infraction: Imposition of a monetary penalty of $125 and, where applicable, suspension of the tobacco product retailer's license for not less than 91 nor more than 180 days; C. Third and any succeeding infraction: Imposition of a monetary penalty of $250 and, where applicable, suspension of the tobacco product retailer's license for not less than nine nor more than 18 months, or revocation of such license; Provided, that each person found to have committed such a civil infraction shall also be given notice that any subsequent civil infraction may result in the imposition of an increased monetary penalty or a longer license suspension or license revocation. In the event a tobacco product retailer's license is suspended for a period of time greater than that remaining before such license would expire, then, notwithstanding any provision in Chapter 6.202 to the contrary, such licensee shall be ineligible to renew or replace such license until the day after the period of suspension ends. (Ord. 124301, § 3, 2013; Ord. 115948, § 6, 1991; Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.210 Defense to alleged violation of Section 6.240.100

6.240.210 - Defense to alleged violation of Section 6.240.100 A. The establishment, by a preponderance of the evidence, that a tobacco product retailer acted in good faith to prevent a violation of Section 6.240.100 and that any such violation occurred despite such retailer's exercising of due diligence, shall be a valid defense against allegation that such retailer violated Section 6.240.100. B. A tobacco product retailer may establish that he, she, or it exercised due diligence to prevent a violation of Section 6.240.100 only by proving that such retailer: 1. Conspicuously posted and reasonably maintained appropriate signs notifying potential customers that identification is required to purchase any tobacco product; 2. Conspicuously posted and reasonably maintained appropriate signs in areas frequented by employees and agents of such retailer (such as near time cards or in lunchrooms) reminding them of this ordinance and the sanctions contained herein for violations; 3. Conspicuously posted and reasonably maintained appropriate signs near such retailer's cash registers or comparable facilities reminding employees and agents of such retailer to check a customer's identification before selling any tobacco product to such customer if the employee or agent has any doubt regarding the customer's legal right to purchase a tobacco product; 4. Required each person employed by or acting as the agent of such tobacco product retailer on or after March 22, 1991 whose duties may include the offering for sale or the selling of any tobacco product to read this chapter or a summary thereof, which shall be provided by the Department, upon request, and to sign a declaration attesting that he or she has read this Chapter 6.240 or the Department's summary thereof, and understands and will comply with the same; 5. Provided each of such tobacco product retailer's employees and agents whose duties may include the offering for sale or the selling of any tobacco product for or on the behalf of such retailer, with a written list of the types of identification that are acceptable under Section 6.240.110 to establish a customer's legal age; and 6. Imposed discipline on any employee or agent found to have been responsible for a violation of this Chapter 6.240. (Ord. 115531, § 1, 1991.)

Seattle Mun. Code § 6.240.220 Public Health—Seattle & King County assistance in enforcement

6.240.220 - Public Health—Seattle & King County assistance in enforcement The Director of Public Health—Seattle & King County shall cooperate with and assist the Director in the enforcement of this Chapter 6.240, as requested by the Director. (Ord. 123668, § 1, 2011 [department/department head name change]; Ord. 115531, § 1, 1991.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT6BURE_SUBTITLE_IVNELICO_CH6.240RESATOPRFetched: 11/1/2026