Chapter 20.40 — CANNABIS BUSINESS SIGNS AND CANNABIS PRODUCT ADVERTISING

The purposes of this chapter are to:

A. To promote the general welfare and reduce illegal purchase and consumption of cannabis or cannabis products by persons under the age of 21, which is accomplished by limiting the exposure of persons under the age of 21 to cannabis product advertising; and

B. To provide design criteria and development standards to be used in the review of applications for cannabis business signage to ensure that the cannabis businesses are compatible with the other land uses in the City. (Ord. 7646-NS § 1 (part), 2019)

"Cannabis" and "Cannabis Products" shall have the same meaning as set forth in Berkeley Municipal Code Section 12.21.020.

"Cannabis product advertising" means any billboard, sign, poster, placard, device, graphic display, or other item which promotes or is designed to promote the sale, use or consumption of a particular brand of cannabis or cannabis products, but shall not mean any advertising on the packaging of the product itself.

"Owner or operator" includes the owner of the property at which the advertising subject to this chapter is located, the owner of any billboard or other structure on which cannabis product advertising is located, as well as the operator of any commercial or other establishment at that location.

"Person" means any individual, firm corporation, partnership, cooperative association, receiver, trustee, assignee public or private entity, or other legal entity.

"Publicly visible location" means any outdoor location and any window of a commercial establishment that is visible to the public from any street sidewalk, or other public thoroughfare. This shall not be construed to include the inside of any commercial establishment, with the exception of its windows. (Ord. 7646-NS § 1 (part), 2019)

No person shall place or maintain, or cause or allow to be placed or maintained any cannabis product advertising in any publicly visible location, except as provided in this Chapter. (Ord. 7646-NS § 1 (part), 2019)

This chapter shall not apply to cannabis product advertising which is:

A. Inside any commercial establishment, except that no cannabis product advertising may be placed in a publicly visible location inside any commercial establishment. (Ord. 7646-NS § 1 (part), 2019)

Any violation of the provisions of this chapter is declared to be a public nuisance. The procedures for the abatement of such nuisances shall be governed by Berkeley Municipal Code Chapter 1.24 as may hereafter be amended. (Ord. 7646-NS § 1 (part), 2019)

A. Infraction. Any person violating any provision or failing to comply with any requirement of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code.

1. Each separate display of cannabis product advertising in violation of this chapter is deemed to be a
separate offense.

2. Each day an item of cannabis product advertising remains in violation of this chapter is deemed to be a
separate offense.

B. Civil Action. In addition to any other remedy provided by this chapter, any violation of this chapter may be enforced by a civil action brought by the City or any other interested person. The City or any other interested person may seek and the court shall grant as appropriate:

1. Injunctive relief, both temporary and permanent;

2. Reasonable attorney fees and costs of suit.

C. Remedies Not Exclusive. Nothing in this chapter shall preclude the City from seeking any other remedy provided by law. (Ord. 7646-NS § 1 (part), 2019)

The City Council may adopt a resolution establishing a fee which must be paid by the owner or operator of a specified location whenever the City Manager, or their designee, determines upon reinspection that a person has failed to comply with any orders, notices or directions issued by the City under this chapter. (Ord. 7646-NS § 1 (part), 2019)

This chapter shall apply to all existing cannabis product advertising in violation of this chapter unless the owners or operators of the location at which such advertising is located provide written documentation to the City Manager, or their designee, within thirty days from the effective date of the ordinance codified in this chapter that this chapter unreasonably interferes with any contracts executed before the date of adoption of said ordinance.

A. Failure to provide such timely, written documentation shall be deemed a waiver of the right to seek an exemption.

B. The City Manager is authorized to grant an exemption from enforcement of this chapter for up to 6 months from the date of adoption. The decision of the City Manager with respect to such exemption is final.) (Ord. 7646-NS § 1 (part), 2019)

The advertiser, the property owner and any operator of any location at which prohibited cannabis product advertising exists shall be jointly and severally liable for violations of this chapter. (Ord. 7646-NS § 1 (part), 2019)

If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. (Ord. 7646-NS § 1 (part), 2019)

A. Retailers that have a storefront and allow customer visits are allowed on-premises signs as set forth in BMC Chapter 20.24.

B. Delivery-Only Retailers in C-prefixed districts are allowed business complex signs as set forth in BMC Section 20.16.070.

C. Delivery-Only Retailers in M-prefixed districts and non-retailers are allowed on-premises signs as set forth in BMC Chapter 20.32. (Ord. 7687-NS § 1, 2020; Ord. 7646-NS § 1 (part), 2019)

A. The number of on-premises signs for Cannabis Retailers are limited to BMC Section 20.24.030.

B. The number of on-premises signs for Cannabis non-retailers and Delivery-Only Retailers in M-prefixed districts are limited to BMC Section 20.32.030. (Ord. 7687-NS § 2, 2020; Ord. 7646-NS § 1 (part), 2019)

A. The sign area for all signs of Retailers that have a storefront shall not exceed seven and a half (7.5) percent of the building face of the premises or seventy-five (75) square feet, whichever is less.

B. The sign area for all signs of Delivery-Only Retailers in C-prefixed districts are subject to BMC Section 20.16.070.

C. The sign area for all signs of Delivery-Only Retailers in M-prefixed districts and non-Retailers shall not exceed twelve (12) square feet.

D. Signage may not include depictions of cannabis or cannabis products. Logos with such depictions are also prohibited on signs. A Cannabis Business that used a logo depicting cannabis or a cannabis product prior to the adoption of this ordinance, and was based in Berkeley prior to 2020, is not subject to the requirements of this subsection and may continue to use the logo. (Ord. 7687-NS § 3, 2020; Ord. 7646-NS § 1 (part), 2019)