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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: November 14, 2000

Subject/Title: Amendment to Tobacco Advertising Ordinance

Submitted by: Jon Elam, City Manager

Approved by: Jon Elam, City Manager

RECOMMENDATION 
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.

PREVIOUS ACTION
The City Council adopted Ordinance No. 636 on June 27, 2000 (see attached Ordinance).

BACKGROUND
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:

8.36.030 Exceptions

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:

AYES: 
NOES:
ABSENT: 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov