[HISTORY: Adopted by the City Council of the City of Atlantic City as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-22-1998 by Ord. No. 40-1998]
It shall be unlawful for any person, partnership, corporation, business association or any other entity to display a tobacco advertisement in a publicly visible location on or within 1,000 feet of the perimeter of any school premises, designated school bus stop, day-care center, park, playground, youth center or established place of worship within the City of Atlantic City. Any such tobacco advertisements located in said areas prior to the effective date of this article must either be removed or permanently and completely covered at the time this article takes effect.
This section shall not apply to:
Any single sign, poster, placard or label within 10 feet of an entrance to an establishment which sells tobacco products if such sign, poster, placard or label is no larger than six square feet and contains only black printing on white background; provided, however, that such sign contains only one or more of the following words: "tobacco," "tobacco products," "cigarettes," "cigars," "pipe tobacco," "chewing tobacco," "snuff," "sold here," "available," "for sale," "here."
Any tobacco advertisement on a licensed taxicab or autobus.
As used in this article, the following terms shall have the meanings indicated:
- DAY-CARE CENTER
- Any public, private or parochial child-care center, school age child-care program, day nursery school, kindergarten, play school or other similar school or service.
- An outdoor area open to the public where children play, which contains play equipment such as sliding board, swing, jungle gym, sandbox or see-saw, or which is designated as a public play area, or which includes, but is not limited to, a baseball diamond or basketball courts.
- PUBLICLY VISIBLE LOCATION
- Any outdoor location visible to the public, including but not limited to outdoor billboards, roofs and sides of buildings, water towers and freestanding signboards; and doors or windows reasonably visible to the public from the outside at a distance of two feet from such doors or windows. The term "publicly visible location" shall not include:
- SCHOOL PREMISES
- The building, grounds or facilities, or any portion thereof, owned, occupied by or under the custody or control of public, private or parochial institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level.
- TOBACCO ADVERTISEMENT
- Any words, pictures, posters, placards, signs, photographs, symbols, devices, graphic displays or visual images of any kind, or any combination thereof, the purpose or effect of which is to promote the use or sale of a product, including, through the identification of a brand of a tobacco product, a trademark of a tobacco product or a trade name associated exclusively with a tobacco product.
- YOUTH CENTER
- Any designated indoor public, private or parochial facility, other than a private residence or multiple-dwelling unit, which contains programs which provide, on a regular basis, activities or services for persons who have not yet reached the age of 18 years, to include but not be limited to community-leased programs, after-school programs, violence prevention programs, leadership development and vocational programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial or other educational assistance or enrichment, art, music, dance and other recreational or cultural activities, physical fitness activities and sports programs.
[Added 9-2-1998 by Ord. No. 48-1998; amended 11-25-2008 by Ord. No. 104]
Any person or persons who violate any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 2-2-2000 by Ord. No. 63-1999]
Any owner and/or operator of dry-cleaning business within the City of Atlantic City shall post all rates concerning the business of dry cleaning. The rates shall be posted so as to be plainly visible.