The purpose of this chapter is to promote the welfare of minors
by discouraging the commercial exploitation of potential consumers
of alcoholic beverages by discouraging actions that promote the unlawful
sale of alcoholic beverages to minors, as well as the unlawful purchase
or possession of alcoholic beverages by minors.
(Ord. 857-98 § 1)
The city council hereby incorporates and adopts as its findings
each and every preamble set forth in the recital portion of the ordinance
codified in this chapter.
(Ord. 857-98 § 1)
means printed matter that calls the public's attention to
things for sale.
means any sign, billboard, signboard, poster, placard, pennant,
banner, graphic display, mural, or similar device that is used to
advertise or promote a product.
means any liquid intended for human consumption containing
a percentage of alcohol by volume of equal to or greater than three
percent, including but not limited to, substances commonly referred
to as beer, wine, spritzers, champagne, and all other forms of distilled
spirits.
means any public or private kindergarten, elementary, middle,
junior high, or high school; licensed child-care facility or preschool,
but not including family day-care; playground; youth center; recreational
facility; arcade; park; or library.
means any individual, firm, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee,
or other legal entity.
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.
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.
(Ord. 857-98 § 1)
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 alcoholic beverages 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.
(Ord. 857-98 § 1)
This chapter shall not apply to any advertising display:
A.
That
is located in a nonresidential zone, provided it is more than one
thousand 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 within six hundred sixty feet from the edge of the right-of-way
of, and the copy on which is visible from, an interstate highway;
or
C.
That
exists at the time of the introduction of the ordinance codified in
this chapter, contains the name or slogan of a business that sells
alcoholic beverage products, and is on the premises of the business;
or
D.
1.
That
contains a generic description of alcoholic beverage products, or
2.
That
is located on the premises of a commercial establishment if the advertising
display provides notice that the establishment sells alcoholic beverage
products, as long as the display does not promote any brand of alcoholic
beverage product or otherwise constitute a "promotion" as defined
in this chapter, or
3.
That
is no larger than six square feet and contains only black text, in
any language, not exceeding eight inches in height on a white background
stating "Alcoholic Beverage Products Sold Here" located within ten
feet of an entrance to the premises where alcoholic beverage products
are sold or offered for sale, or
4.
That
contains only black text, in any language, on a white background and
states a alcoholic beverage product brand name, or an alcoholic beverage
product brand name and its price, or indicates that alcoholic beverage
products are sold on the premises, and is located within ten feet
of an entrance to the premises where alcoholic beverage products are
sold or offered for sale, provided that any such premises shall not
have more than one such sign; or
E.
That
is located on alcoholic beverage product packaging; or
F.
That
is worn as clothing by an individual.
(Ord. 857-98 § 1)
A.
Causing,
permitting, aiding, abetting, or concealing a violation of any provision
of this chapter shall constitute a violation. After notification,
it shall be a separate offense for each day such violation shall continue.
B.
Violations
of this chapter shall be prosecuted as infractions, pursuant to this
code, for the first and second violations in a twelve-month period;
and thereafter as misdemeanors, pursuant to this code.
C.
Violations
of this chapter are hereby declared to be public nuisances.
D.
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 or judicial nuisance
abatement proceedings, civil or criminal code enforcement proceedings,
and suits for injunctive relief. The remedies provided by this chapter
are cumulative and in addition to any other remedies available at
law or in equity.
E.
An action
for injunction may be brought in a court of competent jurisdiction
by any aggrieved person, or any person or entity that will fairly
and adequately represent the interests of the protected class.
(Ord. 857-98 § 1)
A.
The
effective date of the ordinance codified in this chapter shall be
thirty days from the date of its second reading and adoption by the
city council.
B.
On the
effective date of the ordinance codified in this chapter, advertising
displays that were in place at that time may remain in place for no
more than sixty additional days, unless an extension of time is granted
pursuant to this chapter.
C.
Owners
of advertising displays in place on the effective date of the ordinance
codified in this chapter may, by the sixtieth day thereafter, apply
for an extension of time for compliance and provide written documentation
to the city manager, or designee, that demonstrates that the owner
had a right or an obligation under a written lease or contract executed
prior to the effective date of the ordinance codified in this chapter
to maintain an advertising display in violation of this chapter for
a period extending beyond the sixtieth day thereafter. On timely receipt
of sufficient documentation, the city manager, or designee, shall
grant an extension of time to remove the advertising display for the
period required or authorized by the lease or contract or for a period
of one year, whichever is shorter. Renewal rights present in the lease
or contract shall not affect the determination of the period required
or authorized by the lease or contract.
D.
Owners
of advertising displays in place on the effective date of the ordinance
codified in this chapter may, by the sixtieth day thereafter, apply
for an extension of time for compliance and provide written documentation
to the city manager, or designee, that demonstrates that timely compliance
would cause unreasonable financial hardship and that granting the
extension of time would not confer a special privilege on the owner.
On timely receipt of sufficient documentation, the city manager or
designee shall conduct a hearing to determine whether, and on what
conditions, the extension of time shall be granted.
E.
Whether or not an extension of time to remove a preexisting advertising display is granted pursuant to Sections 5.60.070(C) or 5.60.070(D) of this chapter, advertising displays that are prohibited by this chapter shall not be legal nonconforming uses.
(Ord. 857-98 § 1)
