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 CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: September 25, 2001

Subject/Title: Repeal of Chapter 8.36, Restrictions on Tobacco Advertising Promotion 

Submitted by: Dennis Beougher, City Attorney

Approved by: Jon Elam, City Manager


RECOMMENDATION 
Staff recommends that the City Council repeal Ordinance No. 636 dealing with restrictions on tobacco advertising promotions within 1600 feet of schools and playgrounds.

PREVIOUS ACTION
The City Council approved Ordinance No. 636 last year in order to prohibit tobacco product advertising within 1600 feet of where children normally frequent such as schools and playground.

BACKGROUND
Since the City adopted Ordinance No. 636, the U.S. Supreme Court decided Lorillard Tobacco Company v. Thomas F. Reilly, et al. This case held that regulations governing outdoor and point-of-sale cigarette advertising were preempted by the Federal Cigarette Labeling and Advertising Act and regulations prohibiting outdoor advertising of smokeless tobacco or cigars within 1000 feet of school or playgrounds violated the First Amendment.

This case prohibits the actions stated in Ordinance No. 636, as stated in the Brentwood Municipal Code Chapter 8.36.


ORDINANCE NO.


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REPEALING CHAPTER 8.36, RESTRICTIONS ON TOBACCO ADVERTISING PROMOTION

WHEREAS, the City Council approved Ordinance No. 636 to restrict tobacco advertising promotion in publicly visible locations within one thousand six hundred feet of an elementary or secondary school, and public playground;

WHEREAS, the U.S. Supreme Court in Lorillard Tobacco Co. v. Thomas F. Reilly, et al, 121 S.Ct. 2404 (2001) held that regulations governing outdoor and point-of-sale cigarette advertising were preempted by the Federal Cigarette Labeling and Advertising Act and regulations prohibiting outdoor advertising of smokeless tobacco or cigars within 1000 feet of school or playground violated its First Amendment;

WHEREAS, the City’s Ordinance No. 636 is inconsistent with the ruling of the United States Supreme Court in the above entitled litigation

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood does ordain as follows:

Chapter 8.36 of the Brentwood Municipal Code is repealed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of September 2001 by the following vote:

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