§ 14.04.280. Chapter 16 added.
Chapter 16 is added to read as follows:
RESTRICTING THE PLACEMENT OF OUTDOOR ADVERTISEMENTS FOR ALCOHOLIC BEVERAGES AND TOBACCO PRODUCTS AND ESTABLISHING ENFORCEMENT PROCESSES
Purpose
Sec. 1601. The primary purpose of this Section is to promote the general welfare and reduce illegal consumption and purchase of Alcoholic Beverages and Tobacco Products by minors. This is accomplished by limiting the exposure of minors to Publicly Visible Advertisements of Alcoholic Beverages and Tobacco Products.
Restrictions
Sec. 1602. Outdoor Advertising of Alcoholic Beverages or Tobacco Products. No Person may place any Advertising Sign promoting the sale of Alcoholic Beverages or Tobacco Products in Publicly Visible Locations.
Exceptions
Sec. 1603. Exceptions.
(a) The provisions of Section 1602 shall not apply to:
1. Any sign located on a property designated with one of the following General Plan Land Use categories:
Business Mix
General Industrial/Transportation
Mixed Use Waterfront/Estuary Plan Area
Regional Commercial
And that portion of the Central Business District, bound by Castro Street, 11th Street, Franklin Street, 13th Street, Harrison Street, Grand Avenue, Telegraph Avenue, Broadway, 14th Street to Castro Street.
Except that no alcohol or tobacco Advertising Sign in these areas shall face into other adjoining land use designations and that no alcohol or tobacco Advertising Sign shall be placed within 1,000 ft. of schools, City-owned youth recreation centers, licensed child care facilities, places of worship, and Raimondi Field.
2. The placement of Signs: (a) inside premises that lawfully sell Alcoholic Beverages or Tobacco Products, including without limitation, any neon or electrically charged Sign that is provided as part of a promotion of a particular brand of product; (b) on commercial vehicles used for transporting Alcoholic Beverages or Tobacco Products; or (c) in conjunction with a one-day Alcoholic Beverage sales license or temporary license issued by the California Department of Alcoholic Beverage Control;
3. Any Sign that contains the name or slogan of a business that sells Alcoholic Beverages or Tobacco Products that has been placed for the purpose of identifying the business;
4. Any Advertising Sign that does not refer to a specific brand of Alcoholic Beverages or Tobacco Products;
5. Any Advertising Sign on a taxicab;
6. Any Advertising Sign adjacent to and facing an interstate highway.
(b) This section shall not be construed to permit any Advertising Sign that is otherwise restricted or prohibited by law.
Public Service Advertising
Sec. 1604. Construction. This Chapter shall be construed to apply only to Commercial Speech.
Sec. 1605. Administrative Enforcement. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this ordinance shall be subject to procedures contained in the Municipal Code Chapter 1.08; Chapter 1.12; and Chapter 1.16.
Sec. 1606. Administrative Penalties. When an Authorized Enforcement Official finds that a violation of this Chapter has taken place or is likely to take place, the Enforcement Official may assess: a) civil penalties pursuant to the standards and procedures established in Chapter 1.08 of the Oakland Municipal Code; b) administrative citations pursuant to the standards and procedures established in Chapter 1.12 of the Oakland Municipal Code; and/or c) property use limitations pursuant to the standards and procedures established in Chapter 1.16 of the Oakland Municipal Code; and any amendments or revisions thereto.
Sec. 1610. Civil Actions. In addition to other remedies provided in this Chapter, any violation of this Chapter may be enforced by a civil action brought by the City. In such action, the City may seek, and the Court shall grant, as appropriate, any or all of the following remedies:
a) A temporary and/or permanent injunction;
b) Assessment of the violator for costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for reasonable costs of preparing and bringing legal action under this subsection, including but not limited to attorney compensation;
c) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.
Sec. 1611. Continuing Violation. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is committed, continued or permitted by the person and shall be punishable accordingly as herein provided.
Sec. 1612. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.
Reinspection Fees
Sec. 1613. Reinspection Fees. Whenever an Authorized Enforcement Official determines that upon reinspection of the premises there has been a failure to comply with any orders, notices or directions of the City, the Enforcement Official may charge a reinspection fee.
Remedies Not Exclusive
Sec. 1614. Remedies Not Exclusive. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. The Enforcement Official shall have the discretion to select a particular remedy to further the purposes and intent of the Chapter, depending on the particular circumstances. The Enforcement Official's decision to select a particular remedy is not subject to appeal.
Joint and Several Liability
Sec. 1615. Joint and Several Liability. The property owner and the Advertising Sign owner/operator shall be jointly and severally liable for violations of this Chapter.
Disclaimers
Sec. 1616. Disclaimers. By prohibiting the advertising or promotion of alcoholic beverages and tobacco products in outdoor or publicly visible locations, the City of Oakland is assuming an undertaking only to promote the general welfare by discouraging and reducing the illegal purchase and consumption of alcoholic beverages and tobacco products to minors. It is not assuming, nor is it imposing on 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.
Severability and Validity
Sec. 1617. Severability and Validity. If any portion of this Chapter or the application thereof to any person or circumstances is declared invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Chapter and the application of such portions to other persons or circumstances are to be considered valid. To this end, the provisions of this Chapter are severable.
(Ord. 12085 §§ 2—4, 1998; Ord. 12025 § 5, 1997)