Pittsburg Municipal Code Art. III Restriction On Advertising Of Tobacco Products

A. No person shall place or maintain, or cause or allow to be placed or maintained, in any manner any advertising or promotion of cigarettes or tobacco products on an advertising display sign in a publicly visible location within 1,600 feet of the perimeter of an elementary or secondary school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts).

B. Exceptions. Subsection (A) of this section shall not apply to advertising or promotions for tobacco products:

1. Located inside a commercial establishment, unless such advertising display sign or promotion is attached to, affixed to, leaning against, or otherwise in contact with any window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare;

2. On vehicles, other than mobile billboards;

3. On any sign located inside or immediately outside a commercial establishment if the sign provides notice that the establishment sells tobacco products, so long as the sign does not promote any brand of tobacco product;

4. On billboard signs covered or exempted by voluntary agreements between the city and billboard companies in effect on the effective date of the ordinance codified in this chapter; or

5. On tobacco product packaging.

(Ord. 1157 § 3, 1999)

No manufacturer, distributor, or retailer of tobacco products may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item (other than tobacco products) or service to a minor, which bears the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical with, or similar to, or identifiable with, those used for any brand of tobacco product.

(Ord. 1157 § 3, 1999)

Repealed by Ord. 25-1530.

(Ord. 1157 § 3, 1999)

A. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer's packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. This subsection shall not apply to any approved business which exclusively sells cigar paraphernalia and cigars weighing more than four and one-half pounds per thousand.

B. Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

C. Distribution of Tobacco Samples. It is unlawful for any person to distribute free or nominally priced tobacco products.

D. Minimum Package Size for Cigars. No tobacco retailer shall sell:

1. Any cigar unless it is sold in a package of at least two cigars. This subsection shall not apply to: (a) a cigar that has a price of at least $10.00 per cigar, excluding all applicable taxes and fees, or (b) any approved business which exclusively sells cigar paraphernalia and cigars weighing more than four and one-half pounds per thousand.

(Ord. 25-1530 § 29, 2025)

A. General. Except as otherwise provided, this article shall be administered by the city manager.

B. Violations.

1. The city manager will review and, if determined appropriate, act upon any written complaint submitted by any private citizen or city officer or employee concerning any advertising or promotion prohibited by this article in a timely manner. The city manager may serve written notice requiring correction of any violation of this article upon the person responsible for the advertising display sign or promotion or self-service display prohibited by this article. Any notice issued shall specify a date by which the violation shall be corrected.

2. Failure to correct specified violations after written notice has been served may result in enforcement by any remedy allowed by this code. If three notices requiring the correction of any violation of this article (whether the violation involves the same or different displays or promotions) are served on the same person within a 30-day period, an enforcement action may be initiated against that person without the serving of another notice, if the additional violation occurs within 90 days of the serving of the third notice.

3. Each separate display of tobacco advertising or promotion prohibited by this article shall be considered a separate violation.

4. For purposes of determining liability of persons, firms or corporations, controlling franchises or business operations in multiple locations, each individual franchise or business location shall be deemed a separate entity.

C. Intent as to Additional Legal Restrictions and Remedies. Nothing in this article is intended to alter the obligations or restrictions that apply to any person under any other law governing signs, billboards, tobacco advertising or any other matter covered by this article. The remedies set forth in this article are not exclusive. If any action prohibited by this article is also unlawful under any other law, the penalties and remedies under other laws may be pursued in addition to those provided in this article.

D. Disclaimers. By prohibiting the advertising or promotion of tobacco products in outdoor or publicly visible locations, prohibiting the distribution of tobacco-related promotional items and self-service displays of tobacco products, the city is only promoting the general welfare. It is not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money any person who claims that such breach proximately caused injury.

(Ord. 1157 § 3, 1999)