Chapter 44
REGULATIONS OF TOBACCO ADVERTISING AND SALES

Sections:

5-44.01    Purpose.

5-44.02    Definitions.

5-44.03    Restrictions on tobacco advertising.

5-44.04    Exceptions.

5-44.05    Enforcement; penalties; civil actions.

5-44.06    Hardship extension of compliance deadline.

5-44.07    Restriction on self-service sale of tobacco products.

5-44.08    Severability.

5-44.01 Purpose.

The purpose of this chapter is to promote the welfare of minors by discouraging the conunercial exploitation of potential underage tobacco users and by discouraging actions that promote the unlawful sale of tobacco products to minors as well as the unlawful purchase or possession of tobacco products by minors.

(§ 1, Ord. 1089-00 C-M, eff. May 11, 2000)

5-44.02 Definitions.

“Advertising” means printed matter that calls the public’s attention to things for sale.

“Advertising display” means any sign, billboard, signboard, poster, placard, pennant, banner, graphic display, mural or similar device that is used to advertise or promote a product.

“Area which minors frequent” means any public or private kindergarten, elementary, middle, junior high or high school; public park; public library, and youth centers.

“Person” has the meaning set forth in subsection (in) of Section 1-3.13 of this Code.

“Promotion” means a display of any logo, brand name, character, graphic, artwork, colors, scenes, or designs that are a recognized image of a particular product brand that calls the public’s attention to the product brand.

“Private School” means an elementary or high school that is listed in the California Private School Directory published by the California Department of Education pursuant to California Code Section 33190.

“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 that is in or adjacent to a window or doorway and is visible from any street, sidewalk, or other public thoroughfare.

“Retail tobacco store” means any retail store where at least fifty percent of the annual gross receipts are from the sale of tobacco products and smoking accessories and in which the sale of the other products is merely incidental.

“Self-service display” means an open display of tobacco products which is accessible without the intervention of a vendor, including, but not limited to a rack, shelf, or counter-top display.

“Tobacco product” means any substance containing any tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

“Vendor-assisted sale” means any purchase requiring a direct, face-to-face exchange between the vendor and the customer, in which the vendor does not transfer possession of the product to the customer until the purchase is completed.

(§ 1, Ord. 1089-00 C-M, eff. May 11, 2000)

5-44.03 Restrictions on tobacco advertising.

(a)    Except as otherwise provided in this chapter, no person shall place or maintain, or cause or allow to be placed or maintained, any advertising or promotion of tobacco products on any advertising display in a publicly visible location.

(b)    No part of this chapter shall be construed to permit any advertising display that is otherwise restricted or prohibited by law. Nor shall it be construed to permit an otherwise restricted or prohibited advertising display because it is combined with a permitted public service message.

(c)    No part of this chapter shall be construed to regulate messages that do not propose a commercial transaction.

(§ 1, Ord. 1089-00 C-M, eff. May 11, 2000)

5-44.04 Exceptions.

The provisions of Section 544.03 shall not apply to any advertising display:

(a)    That is located on a parcel with a nonresidential zoning designation, provided it is more than one thousand (1,000) feet in any direction (measured in a straight line from parcel boundary to parcel boundary) from any area which minors frequent; or

(b)    That is located on the premises of a commercial establishment if the advertising display provides that the establishment sells tobacco products, as long as the display, does not promote any brand of tobacco product or otherwise constitute a “promotion” as defined by this chapter, and provided that any such premises shall have no more than one such sign; or

(c)    That is located on a commercial vehicle used for transporting tobacco products; or

(d)    That is located on tobacco product packaging; or

(e)    That is worn as clothing as an individual.

(§ 1, Ord. 1089-00 C-M, eff. May 11, 2000)

5-44.05 Enforcement; penalties; civil actions.

(a)    Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation. After notifications, it shall be a separate offense for each day such violation shall continue.

(b)    Violations of this Chapter may be prosecuted as infractions in accordance with Chapter 2 of Title 1 of the Watsonville Municipal Code.

(c)    This chapter shall be administered and enforced by the Community Development Department.

(d)    Violations of this chapter are hereby declared to be public nuisances.

(e)    In addition to other remedies provided by this chapter, any violation of this chapter may be enforced by a civil action, brought by the City Attorney, including but not limited to administrative proceedings, and suits for injunctive relief. The remedies provided by this Chapter are cumulative and in addition to any other remedies at law or in equity.

(§ 1, Ord. 1089-00 C-M, eff. May 11, 2000)

5-44.06 Hardship extension of compliance deadline.

(a)    Owners of advertising displays in place on the date the ordinance adopting this Chapter was first introduced may, within sixty (6) days after the date that the City Council takes final action to adopt this ordinance, submit an application for an extension of time for compliance to the City Manager. The application shall include written documentation that demonstrates that timely compliance would cause unreasonable financial hardship and that granting the extension of time would not constitute a grant of special privileges inconsistent with other owners of such advertising who are required to comply. On timely receipt of a completed application, the City Manager or the City Manager’s designee shall conduct a hearing to determine whether, and under what conditions, the extension of time shall be granted.

(1)    Whether or not an extension of time to remove a preexisting advertising display is granted pursuant to this section, advertising displays that are prohibited by this ordinance shall not be legal nonconforming uses.

(§ 1, Ord. 1089-00 C-M, eff. May 11, 2000)

5-44.07 Restriction on self-service sale of tobacco products.

Except for retail tobacco stores, it is unlawful to sell, permit to be sold, or offer for sale any tobacco product by means of self-service merchandising, or by any means other than a vendor-assisted sale.

(§ 1, Ord. 1089-00 C-M, eff. May 11, 2000)

5-44.08 Severability.

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not effect the validity of the remaining portions thereof.

(§ 1, Ord. 1089-00 C-M, eff. May 11, 2000)