CITY COUNCIL AGENDA ITEM
Meeting Date: November 14, 2000
Subject/Title: Amendment to Tobacco Advertising Ordinance
Submitted by: Jon Elam, City Manager
Approved by: Jon Elam, City Manager
Second reading of Ordinance 652 amending Chapter 8, Section 8.36.30 by adding
Section 8.36.30(E) to exempt businesses that include tobacco in its name for
advertising restrictions as to its identity signs and commercial center signs.
The City Council adopted Ordinance No. 636 on June 27, 2000 (see attached Ordinance).
City staff was recently approached by Brentwood Fine Cigars regarding Ordinance
No. 636 worried that it might force them out of business because of the term “cigar” in
their business title. Since it was not the City Council’s intention to cause
any business undue hardship, staff has developed the attached Ordinance Amendment
to ensure no misunderstanding occur.
ORDINANCE NO. 652
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND
CHAPTER 8.36 BY ADDING 8.36.30 (E) TO EXEMPT BUSINESSES THAT INCLUDE
TOBACCO IN ITS NAME FROM ADVERTISING RESTRICTIONS AS TO ITS IDENTITY
SIGNS AND COMMERCIAL CENTER SIGNS
WHEREAS, the City of Brentwood does not want to harm a business
whose predominant sales is tobacco products and includes tobacco
in its business name from the provisions of Chapter 8.36 concerning
the regulation of tobacco advertising within a certain distance of
schools, playgrounds, and related centers;
WHEREAS, the City of Brentwood desires to limit this tobacco
business exemption to the advertising on the tobacco business’ store
front identity sign and any commercial center advertising (i.e.,
monument sign for center) approved by City and commercial center
NOW, THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
BRENTWOOD DOES HEREBY ORDAIN AS FOLLOWS:
1. Brentwood Municipal Code is amended by adding Subsection 8.36.30(E) as follows:
E. If tobacco or a tobacco brand name is included in the business name as recorded
with the Contra Costa County or is the advertised name of a store, only the
outdoor advertising on its store front’s identity sign and/or if the tobacco
store is located in commercial center, the commercial center’s monument sign
or A-frame sign permitted by both City and commercial center shall be exempt
from this chapter.
2. Effective Date.
This ordinance shall take effect thirty (30) days after passage and shall within
fifteen (15) days after passing, be posted in accordance with section 36933
of the Government Code of the State of California with the names of those City
Councilmembers voting for or against it.
The foregoing ordinance was introduced at a regular meeting of the City Council
of the City of Brentwood, held on the 24th day of October 2000.
Adopted and ordered posted at a meeting of the City Council of the City of
Brentwood held on the 14th day of November 2000 by the following vote: