City of Milwaukee - File #: 971613

• File #: 971613
• Version: 3
• Type: Ordinance
• Status: Passed
• File created: 1/20/1998
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Final action: 3/3/1998
• Effective date: 3/24/1998
• Title: A substitute ordinance restricting the advertisement of tobacco products on certain billboards and signs.
• Sponsors: ALD. KALWITZ, ALD. PRATT, ALD. RICHARDS
• Indexes: ADVERTISING, OUTDOOR, SIGNS, SMOKING

Date	Ver.	Action By	Action	Result	Tally
3/23/1998	3	CITY CLERK	PUBLISHED
3/10/1998	3	MAYOR	SIGNED
3/3/1998	3	COMMON COUNCIL	PASSED	Pass	11:5
3/3/1998	2	JUDICIARY & LEGISLATION COMMITTEE	AMENDED	Pass	3:0
3/3/1998	3	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	2:1
2/24/1998	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: Pass substitute 1 as amended by adding to page 3 section 1.a. line 3 after the word "signboards" (delete the period) add the following : "including signs that are inside the premises but visible from outside." Speakers: Ald. Kalwitz, Linda Elmer-Legislative Reference Bureau and Marty Collins-Building Inspection. Refer to Judiciary and Legislation Committee for penalty only.	Pass	5:0
2/23/1998	1	CITY CLERK	DRAFT SUBMITTED
2/19/1998	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Speakers: Ald. Kalwitz, Linda Elmer-LRB, Rebecca Wong, M.D., Supt. Terrance Herron, Atty. Richard Whitney, John Crowley, Jeffrey Perlman, John Viebber, Dan Pomeroy, Peter Bock, Janet Swandby, Dr. William Pao, Jason Saari, Turns to the East, Dan Willis, Cindy Brandt, Betty Glasson, Donna Schlieman, Rafael P. Gonzalez, Penelope Williams for Paul Nannis, Humdah Salahadyn, Jeff Propp, Dave Kucej, Evans Stephens, Evans L. Stephens, Bill Reid, Bonnie Sumner, William Wucherer, Joseph Davis, Sr., William Hildebrandt, Ben Kordus	Pass	4:0
1/20/1998	0	COMMON COUNCIL	ASSIGNED TO

NUMB:
971613
VERS:
SUBSTITUTE 3
REF:

XXBY:
ALD. KALWITZ, PRATT AND RICHARDS
TITL:
A substitute ordinance restricting the advertisement of tobacco products on certain billboards and signs.
SECS:
244-20 rn
244-20 cr
ANLS:
- Analysis -

This ordinance restricts the location of signs advertising tobacco products to limited, defined locations within the city. The penalty for violation would be the standard penalty found in s. 200-19, which is forfeiture of not less than $150 per violation per day nor more than $5,000, with up to $10,000 in accumulated penalties recoverable in any one action. The building inspection department is the enforcing agency.

The ordinance also provides that contracts in existence on the effective date of this ordinance or any renewal term less than 6 months in length for advertising such products will not be abrogated by this ordinance.
BODY:
Whereas, Wisconsin law prohibits the sale or possession of tobacco products to any person under 18 years of age; and

Whereas, More than 3 million minors under the age of 18 consume more than 947 million packs of cigarettes annually in the United States, yielding gross sales to the tobacco industry each year of approximately $1 billion; and

Whereas, Cigarettes are the most heavily advertised product in America, and the tobacco industry spends more than $421 million annually for outdoor advertising of cigarettes; and

Whereas, Outdoor advertisements are a unique and distinguishable medium of advertising which subjects the general public to involuntary and unavoidable forms of solicitation; and

Whereas, The Supreme Court and other courts have recognized the positive relationship between advertising and consumption as regards a variety of goods and services; and

Whereas, In addition to judicial recognition of the general link between advertising and consumption, there is evidence that tobacco advertising plays a significant role in stimulating illegal consumpt...