The purpose of this article is to promote the welfare of minors by discouraging the commercial 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.
(Formerly 9.45.160; 1991 code § 9-3.1; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 10, 2022)
This article incorporates the definitions set forth in PHMC § 9.45.030. In addition, as used in this article:
Advertising display sign
means a sign, billboard, signboard, poster, placard, freestanding sign, pennant, banner, graphic display, mural, or similar device that is used to advertise or promote a product. It includes a sign which is temporary or permanent, placed on or affixed to the ground, sidewalk, a pole or post, fence, or a building, or displayed in the window or door of a commercial establishment.
Chief of police
means the city chief of police or his or her designee.
Mobile billboard
means an advertising display sign which is placed on or affixed to a vehicle if the vehicle is parked within a public right-of-way or on private property and is used primarily to advertise a product. (See Prohibited signs, PHMC § 18.60.060.)
Offering for sale
means that tobacco products are actually sold and/or displayed in the retail establishment.
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.
Publicly visible location
means an outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or a 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. To be considered publicly visible, an inside location must be within one foot of a window or doorway.
Self-service display
means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
(Formerly 9.45.170; 1991 code § 9-3.2; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 10, 2022)
This article shall be administered by the chief of police. The chief may develop guidelines to ensure implementation of this article.
(Formerly 9.45.180; 1991 code § 9-3.3; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 10, 2022)
A. 
Restriction. No person shall place or maintain, or cause or allow to be placed or maintained, any advertising or promotion of tobacco products on an advertising display sign in a publicly visible location within 1,600 feet of the perimeter of: a public or private elementary, middle or secondary school; or a 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).
B. 
Exceptions. Subsection A of this section does not apply to advertising or promotion for tobacco products which are:
1. 
Located inside a commercial establishment, unless the 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; or
4. 
On tobacco product packaging.
(Formerly 9.45.190; 1991 code § 9-3.5; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 10, 2022)
A. 
No manufacturer, distributor, or retailer of tobacco products may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item 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.
B. 
No person in the business of selling or otherwise distributing tobacco products for commercial purposes shall, in the course of such business, distribute, or direct, authorize or permit any agent or employee to distribute, any of the following on a public street or sidewalk, in a public park or playground, or on any other public ground or in a public building: (1) a tobacco product; or (2) a coupon, certificate, or other written material which may be redeemed for tobacco products without charge.
(Formerly 9.45.200; 1991 code § 9-3.6; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 10, 2022)
It is unlawful for a person to sell, permit to be sold, offer for sale, or display for sale any tobacco product by means of a self-service display, rack, counter top or shelf that allows a self-service customer access to a tobacco product. All tobacco products shall be offered for sale exclusively by means of seller assistance. Tobacco products shall be located exclusively in a locked case, located behind counters out of reach from customers, or in a similar location that is inaccessible to customers, requiring seller assistance for the customer to obtain access to the products.
(Formerly 9.45.210; 1991 code § 9-3.7; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 10, 2022)
A. 
Chief of police review. A private citizen or a city officer or employee may submit a written complaint to the chief of police concerning any advertising or promotion prohibited by this article. The chief will review and, if determined to be appropriate, act upon the complaint in a timely manner. The chief may serve written notice requiring correction of any violation of this article upon the person responsible for the business or 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 must be corrected. The notice shall be served by (1) personal service or by (2) certified and first class mail.
B. 
Correction. The person responsible shall correct the violation within the time specified in the notice.
C. 
Each display and each day a separate offense. Each separate display of advertising or promotion prohibited by this article is considered a separate violation. Each day a violation continues is considered a separate violation.
D. 
Each business location a separate entity. For purposes of determining liability, each individual franchise or business entity is deemed a separate entity.
(Formerly 9.45.220; 1991 code § 9-3.8; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 10, 2022)
A. 
Intent as to additional legal restrictions and remedies. Nothing in this article is intended to alter the obligations or restrictions that apply to any person under any other law governing signs, billboards, advertising or any other matter covered by this article. The remedies set forth in this article are not exclusive. If any action prohibited by this article is also unlawful under any other law, the penalties and remedies under other laws may be pursued in addition to those provided in this chapter.
B. 
Disclaimers. By prohibiting the advertising or promotion of the products regulated herein in outdoor or publicly visible locations, prohibiting the distribution of certain promotional items and self-service displays of enumerated products, the city is only promoting the general welfare. It is not assuming, nor is it imposing upon 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.
(Formerly 9.45.230; 1991 code § 9-3.9; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 10, 2022)