11-12-2014 Council Agenda - Laserfiche WebLink

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supplied by PM USA, whether inside or outside a Store. All PM USA Cigarette Signs and PM USA products must be unobstructed. (b) Signs on Fixtures. One or more Fixture Headers authorized by PM USA, and only such Fixture Headers, must be maintained directly above any Fixture Bodies in which PM USA Cigarettes are merchandised. PM USA Cigarette Signs must be maintained in or attached adjacent to the PM USA Portion, as designated by PM USA. Cigarette Signs for other manufacturers' cigarettes may be maintained in or attached adjacent to the Retailer's Choice Portion in any manner Retailer chooses; provided however, that such signs may not obstruct or otherwise interfere with any Fixture Header or the PM USA Portion. (c) Interior Cigarette Signs. (i) Signs Around Fixtures in the PCMA. PM USA has the right to require that PM USA Cigarette Signs be placed and maintained in the PM USA Signage Zone. Subject to Section 1.G.(1)(c)(iii), PM USA Cigarette Signs must be the only signs placed in the PM USA Signage Zone, and no tobacco products may be placed in the PM USA Signage Zone. All PM USA Interior Cigarette Signs that are not on a Fixture, Display, or OPM must be entirely within the PM USA Signage Zone, except that PM USA reserves the right to require that a PM USA Cigarette Sign be placed and maintained in the Number One Interior Cigarette Sign location outside the PM USA Signage Zone, but entirely within 48 inches of the PCMA. (ii) Signs and Merchandise Above an OCMA. No signs, cigarettes, or non -cigarette tobacco merchandise may be placed within the space 48 inches above an OCMA, subject to Section 1.0(1)(c)(iii). (iii) Retailer Signs in the PM USA Signage Zone or Above an OCMA. A Store may place signs in the PM USA Signage Zone or above an OCMA that feature the name, logo or slogan of the Store alone or in conjunction with a non -tobacco product or service that either (i) is unbranded or (11) bears a brand name that is owned by Retailer and only available in its stores. No part of such signage may be within six inches of the top of a Fixture, unless approved by PM USA. Sufficient space must exist to place at least one PM USA Cigarette Sign with an area no smaller than 24 inches wide by 15 inches high in the Signage Zone that is highly visible. (d) Exterior Cigarette Signs. (1) If at any time, other manufacturers' Exterior Cigarette Signs are maintained at a Store, PM USA has the right to require the Store to maintain an equal number of PM USA Exterior Cigarette Signs, up to three, in the Number One, Number Three and Number Five exterior sign locations, respectively, unless prohibited by applicable law or regulation. Any PM USA Cigarette Sign placed in the window of a Store must only be outward facing provided. however that a PM USA Cigarette Sign placed in the window of a Store may be both outward and inward facing if it is placed within 48 inches of the PCMA. (ii) For purposes of this Section: a. All PM USA Cigarette Signs on any Fixture in a window of a Store, facing outward, will be considered one PM USA Exterior Cigarette Sign, and all Cigarette Signs of other manufacturers on such Fixture in a window of a Store, facing outward, will be considered one other manufacturers' Exterior Cigarette Sign. b. If a Store has a fuel pump area that includes one or more fuel pump islands, such Store may maintain no more than the following PM USA Exterior Cigarette Signs: either one PM USA Exterior Cigarette Sign on or attached to each fuel pump, or no more than two PM USA Exterior Cigarette Signs, placed on, or attached to the ends of, the fuel pump island. All PM USA Exterior Cigarette Signs, if any, in the fuel pump area will be considered one PM USA Exterior Cigarette Sign. Exhibit S Page 3 of 6 29