Moorpark Municipal Code Ch. 8.60 Alcohol Advertising Prohibited in Certain Areas of the City

A. It is unlawful for any person under the age of 21 years to obtain, possess or control any alcoholic beverage in the state, and it is unlawful for any licensee authorized to sell such products to furnish any alcoholic beverage to any person under the age of 21 years.

B. The city council has reviewed statistics prepared by other jurisdictions regarding the potential harmful effects on persons under the age of 21 years of outdoor advertising for alcoholic beverages.

C. Certain studies reveal that outdoor advertisements are a unique and distinguishable medium of advertising which subjects the general public to involuntary and unavoidable forms of solicitation.

D. Courts have recognized the positive relationship between advertising and consumption regarding a variety of goods and services.

E. Courts have also recognized that children are exposed to outdoor advertisement on a regular basis simply by walking to and from school and playing in their neighborhood, and there exists no practical means of parental monitoring or limiting exposure to these public advertisements.

F. Certain studies have also revealed that the attitude of children toward alcohol is significantly influenced by their exposure to alcoholic beverage advertisements.

G. Certain studies have also revealed an association between juvenile alcohol use and juvenile crime, between juvenile alcohol use and suicide, and between juvenile alcohol use and accidents.

H. The restrictions contained in this chapter will not unduly burden the legitimate business activities of persons licensed to sell alcoholic beverages on a retail basis, nor prevent adults from obtaining information needed to make lawful purchases.

I. By adopting this chapter, the city council intends to narrowly focus its efforts on those advertisements, which most directly affect minors where they live, attend school and engage in recreational and social activities while protecting legitimate business activities.

J. The placement of outdoor advertisements for alcohol beverages where minors live, attend school an engage in recreational and social activities is injurious to the public health, safety and welfare of the community.

K. The adoption of this chapter is necessary to protect the health, safety and welfare of the community.

(Ord. 252 § 1, 1999)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Alcoholic beverage"

means any beverage in liquid form that contains not less than 1/2 of 1% alcohol by volume and is intended for human consumption.

"Child care center"

means a facility, other than a family day care home, in which less than 24 hour-per-day nonmedical care and supervision is provided for children in a group setting as defined and licensed under the regulations of the state of California. For purposes of this chapter, "Child care center" shall not include such a facility when it is appurtenant and clearly subordinate to a commercial or industrial facility or activity, established on the same lot or parcel, and operated exclusively for the children of the employees of the commercial or industrial activity.

"Church"

means a development maintained and used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith.

"Outdoor advertising sign"

means any sign which is located off-site, with a single square footage greater than 75 square feet or a double-sided sign with more than 150 square feet.

"Park"

means any park, playground or grounds under the control, direction or management of a public entity, whether such use is within or outside the municipal boundaries of the city.

"Recreational facility"

means any recreational facility under the control, direction or management of a public agency, whether such use is within or outside the municipal boundaries of the city.

"School"

means and includes any elementary, secondary, junior or senior high school, public or private, attendance at which satisfies the compulsory education laws of the state of California, whether such use is within or outside the municipal boundaries of the city.

"Youth center"

means any designated indoor or outdoor private or parochial facility, other than a residence or multiple dwelling unit, which offers programs, activities or services, for persons who have not yet reached the age of 18, including, but not limited to, community-based programs, after-school programs, weekend programs, violence prevention programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial and other educational assistance or enrichment, music, art, dance, other recreational or cultural activities, physical fitness activities and sports programs.

(Ord. 252 § 1, 1999)

A. No person shall place or cause to be placed any advertisement for alcoholic beverages on any outdoor advertising sign within a residential or agricultural zone, or within 1,500 feet of any school, park, playground, recreational facility, youth center, child care center, entertainment park or church.

B. Nothing in this section shall prohibit the posting of advertisements that specifically discourage the use of alcoholic beverages.

C. The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the outdoor advertising sign to the nearest property line of a use or zone listed above.

(Ord. 252 § 1, 1999)