[bouldercouncilhotline] Hotline: Re: Citation! Advertising and Sponsorship Regs

[cmosupport at bouldercolorado.gov]

Sender: Carr, Thomas


Staff has interpreted the language ”purely incidental to sponsorship” to mean including the marijuana business’ name on any publications or signage for the event on which other sponsors are identified.  It has not been interpreted to allow a separate publication, booth, distribution point, or other activity that is in addition to sponsorship of the event.  This is how interpretation was balanced with the intent of
the language originally and the exceptions.  For example, the affirmative defense for handing out a business card indicates that distributing or advertising in a more overt manner is a violation of the section.  At the time the advertising restriction was adopted, the discussion related to protecting the community, particularly minors, from being exposed to marijuana advertising in public places.  Several parents had stated that they wanted to be able to enjoy festivals and events, and move around Boulder with
 their children without having to explain all the marijuana issues.  The advertising limitations was council’s response. 

For the PrideFest event, at least one other marijuana business asked before the event whether they could have a booth.  Staff advised that such a booth would be a violation of the advertising provision because it was not purely incidental to that business’ sponsorship of the event. 

While the term “incidental” is used several times in the Code, it is not defined.  The closest the code comes to defining “incidental” is with respect to accessory dwelling units in 9-6-3(a)(2)(C).   In such an event, we defer to the rules of construction and interpretation in Chapter 1-1 of the code, and the common and technical meaning of the word when read in context using rules of grammar and common usage.  In 6-16-8(p), “incidental” is used as an adjective and narrowed by the word “purely”.   Usually “incidental” is construed to mean something that is a minor and necessary part of the main subject.  Staff did not interpret a separate tent that was staffed during PrideFest as incidental to sponsorship.
 

From: Young, Mary

Sent: Tuesday, October 20, 2015 12:48 PM
To: Carr, Thomas <CarrT at bouldercolorado.gov>; Morzel, Lisa <MorzelL at bouldercolorado.gov>; Council <Council at bouldercolorado.gov>; HOTLINE <HOTLINE at bouldercolorado.gov>
Cc: Cook, Mishawn <cookm at bouldercolorado.gov>; Bookout, Beverly <BOOKOUTB at bouldercolorado.gov>
Subject: RE: Citation! Advertising and Sponsorship Regs

Tom, where does the definition of incidental appear in the code?

Thank you,

Mary Dolores Young
Boulder City Council Member
303-501-2439

"All ethics . . . rest upon a single premise: that the individual is a member of a community of interdependent parts . . ."
 - Aldo Leopold


From: Carr, Thomas
Sent: Tuesday, October 20, 2015 12:43 PM
To: Morzel, Lisa; Council; HOTLINE
Cc: Cook, Mishawn; Bookout, Beverly; Council
Subject: RE: Citation! Advertising and Sponsorship Regs

The citation was for advertising not for sponsorship.  The Farm and Terrapin each set up tents with tables and signs advertising their businesses along the creek
 path.  The language that you reference is intended to allow incidental advertising, for example a logo on a pamphlet or shirt acknowledging sponsorship.  I am attaching a phot of the Farm’s booth, which city staff believes was far more than incidental. 

The appeal is to seek administrative review.  This right is clarified in the ordinance proposed for second reading tonight, but has never been limited. 


From: Morzel, Lisa

Sent: Tuesday, October 20, 2015 12:10 PM
To: Council <Council at bouldercolorado.gov>; HOTLINE <HOTLINE at bouldercolorado.gov>
Cc: Cook, Mishawn <cookm at bouldercolorado.gov>; Bookout, Beverly <BOOKOUTB at bouldercolorado.gov>; Council <Council at bouldercolorado.gov>;
 Jeff Gard <jeff at gardlawfirm.com>; Henry Wykowski <hgw at wykowskilaw.com>; Jep Lobbiest <Jseman at corporateadvocates.net>; Jan
 Cole <jan at thefarmco.com>
Subject: Re: Citation! Advertising and Sponsorship Regs


Could we please have this addressed tonight?  I know another business was similarly cited.


As I read our ordinance, it says e prohibition shall not apply to :

(D) Advertising
 which is purely incidental to sponsorship of a charitable event by a recreational marijuana center or a recreational marijuana-infused products manufacturer.

I also understand from those cite that this was a charitable event for PrideFest.

What is their appeal process?

Thanks. 
Lisa

********

Lisa Morzel
Member of Boulder City Council
303-815-6723
303-938-8520

"Politics is what we create by what we do, what we hope for, and what we dare to imagine."  Paul Wellstone 1944-2002

On Oct 19, 2015, at 8:31 AM, "Jan Cole" <jan at thefarmco.com> wrote:

Mishawn, Bev, Council and Lawyers

Regarding the citation for our booth for sponsoring Out Boulder.

See below for Boulder Recreation marketing/adversing regs.  The areas I've highlighted indicate what I believe we were cited for AND clearly showing that sponsorships are
 one of the exceptions. 

I'm not sure why we were cited.  We have been sponsoring and have a presence with many non-profits in Boulder.  Our attorneys cleared us for sponsorships last year when we we sponsored the Symphony.  We are deeply concerned about this citation.  Please help guide us and staff so we are clear in our understanding of what the rules mean.  

Thank you

Jan Cole
The Farm


6-16-8 (p) Advertisement. 
A recreational marijuana business may not advertise in a manner that is misleading, deceptive, false, or designed to appeal to minors. The following conditions
 shall apply:
(1) Except as otherwise provided in this paragraph, it shall
 be unlawful for any person licensed under this chapter or any other person to advertise any recreational marijuana or recreational marijuana-infused product anywhere in the city where the advertisement is in plain view of, or in, a place open to the general public, including advertising utilizing any of the following media: any billboard or other outdoor general advertising device as defined by the zoning code; any sign mounted on a vehicle; any handheld or other portable sign; or any handbill, leaflet, or flier directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property.
The prohibition set forth in this paragraph shall not apply to:
(A) Any sign located on the same zone lot as a recreational marijuana center which exists solely for the purpose of identifying the location of the recreational marijuana center and which otherwise complies with this code and any other applicable city laws and regulations, which sign includes
only the name and address of the center;
(B) Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the city or on the internet;
(C) Any products marked with the name or logo of the licensed recreational marijuana center, including wearable or non-consumable merchandise, packaging in which marijuana is sold, or on recreational marijuana accessories sold; or
(D)
 Advertising which is purely incidental to sponsorship of a charitable event by a recreational marijuana center or a recreational marijuana-infused products manufacturer.