Placing restrictions and prohibitions    )
on the advertising and promotion       }      ORDlNANCE NO.________
of Tobacco and Tobacco products    )

The Moraga Town Council ordains as follows:

A new Article 3 is added to Chapter 7 of the Town Ordinances dealing with the regulation and advertising of tobacco and tobacco products and their promotion as follows:

      7-3001 Summary
      7-3010 Definitions
      7-3020 Restriction on Advertising of Tobacco Products
      7-3030 Exceptions
      7-3040 Sale and Distribution of Tobacco-related Promotional Items
      7-3050 Prohibition of self service displays
      7-3060 Vendor Assistance
      7-3070 Administration and Implementation
      7-3080 Violations
      7-3090 Intent as to Additional Legal Restrictions and Remedies
      7-3100 Disclaimers
      7-3110 Effective date

7-3001. SUMMARY
This ordinance restricts the advertising and promotion of tobacco products and distribution of tobacco-related promotional products to minors.

7-3010. DEFINITIONS
A)    Definitions. The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:

(1)    "Advertising display sign" means a sign, signboard, billboard, poster, free-standing sign, balloon, pennant, or banner, that is temporarily or permanently placed on or affixed to the ground, the sidewalk, a pole or post, a fence, or a building, or is displayed in the windows or doors of a commercial establishment, and that is used to advertise or promote products.

(2)    "Minor" means any person under 18 years of age.

(3)    "Manager" means the Moraga Town Manager or his or her designee.

(4)    "Mobile Billboard" means any sign, placard, billboard, or other display advertisement upon or affixed to a vehicle which is used primarily to advertise a product illegal to sale to minors, when the supporting vehicle or trailer is parked within a public right of way or on private property and visible to the public for a duration of time and in a manner which clearly indicates that the sign is for advertising products illegal to sell to minors or which carry a specific brand name, logo, indicia of a product illegal to sell to minors. For the purposes of this division, mobile billboard shall not include any advertisement on the side of a van, truck, or other vehicle which is primarily used for the transportation of goods or products.

(5)    "Person" means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or other legal entity.

(6)    "Promote" or "promotion" means a display of any logo, brand name, character, graphics, colors, scenes, designs, or recognizable color or pattern of colors, or any other indicia or product identification with, or similar to, or identifiable with those used for any particular brand of tobacco product

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

(8)    "Tobacco product" shall mean any substance containing tobacco leaf; including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco.

(9)    "Tobacco retailer" shall mean any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; "tobacco retailing" shall mean the doing of any of these things.

(10)    "offering for sale" shall mean any person who offers to exchange tobacco products for any form of consideration or compensation.

7-3020.Restriction on Advertising of Tobacco Products. No person shall place or maintain, or cause or allow to be placed or maintained, in any manner any advertising or promotion of cigarettes or tobacco products on an advertising display sign in a publicly visible location within 1,600 feet of the perimeter of an elementary or secondary school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts).

7-3030. Exceptions.
This section shall not apply to advertising or promotions for tobacco products:

(I)    Located inside a commercial establishment, unless such advertising display sign or promotion is attached to, affixed to, leaning against, or otherwise in contact with any window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare;

(2)    On vehicles, other than mobile billboards,

(3)    On any sign located inside or immediately outside a commercial establishment if the sign provides notice that the establishment sells tobacco products, so long as the sign does not promote any brand of tobacco product;

(4)    On billboard signs covered or exempted by voluntary agreements between the Town of Moraga and billboard companies in effect on the effective date of this ordinance;

(5)    On tobacco product packaging.

7-3040. Sale and Distribution of Tobacco-related Promotional Items.
No manufacturer, distributor, or retailer of tobacco products may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item (other than tobacco products) or service to a minor, which bears the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical with, or similar to, or identifiable with, those used for any brand of tobacco product

7-3050. Prohibition of self service displays.
It shall be unlawful for any person or tobacco retailer within the incorporated areas of the City to sell, permit to be sold, offer for sale, or display for sale any tobacco product by means of self-service display, rack, counter-top or shelf that allows self-service sales for any tobacco product other than vendor-assisted sales.

7-3060. Vendor Assistance.
All tobacco products shall be offered for sale exclusively by means of vendor/employee assistance, with tobacco products in a locked case requiring employee assistance to retrieve the tobacco products.

7-3070. Administration and Implementation
(1)    General. Except as otherwise provided, this division shall be administered by the Town Manager. The Town Manager may develop guidelines, as appropriate, to ensure implementation of this ordinance.

7-3080. Violations.
(1)    The Town Manager will review and, if determined appropriate, act upon any written complaint submitted by any private citizen or town officer or employee concerning any advertising or promotion prohibited by this chapter in a timely manner. The Town Manager may serve written notice requiring correction of any violation of this section upon the person responsible for the advertising display sign or promotion or self-service display prohibited by this Article. Any notice issued shall specify a date by which the violation shall be corrected.

(2)    Failure to correct specified violations after written notice has been served may result in enforcement by any remedy allowed by this ordinance. if three notices requiring the correction of any violation of this ordinance (whether the violation involves the same or different displays or promotions) are served on the same person within a thirty day period, an enforcement action may be initiated against that person without the serving of another notice, if the additional violation occurs within ninety days of the serving of the third notice.

(3)    Each separate display of tobacco advertising or promotion prohibited by this ordinance shall be considered a separate violation.

(4)    For purposes of determining liability of persons, firms or corporations, controlling franchises or business operations in multiple locations, each individual franchise or business location shall be deemed a separate entity.

7-3090. Intent as to Additional Legal Restrictions and Remedies.
Nothing in this ordinance is intended to alter the obligations or restrictions that apply to any person under any other law governing signs, billboards, tobacco advertising or any other matter covered by this ordinance. The remedies set forth in this division are not exclusive. if any action prohibited by this ordinance is also unlawful under any other law, the penalties and remedies under such other laws maybe pursued in addition to those provided in this ordinance.

7-3100. Disclaimers.
By prohibiting the advertising or promotion of tobacco products in outdoor or publicly visible locations, prohibiting the distribution of tobacco-related promotional items and self-service displays of tobacco products, the Town of Moraga is only promoting the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any Person who claims that such breach proximately caused injury.

7-3110. Effective date.
This ordinance shall become operative on January 1, 2000. Within 15 days after passage, this ordinance shall be published once with the names of council members voting for and against it in the Contra Costa Times, a newspaper published in this county.

PASSED on _____________________ by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:

____________________________________
      Mayor

ATTEST:

By:__________________________________

      Town Manager