11-12-2014 Council Agenda - Laserfiche WebLink

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E. Merchandising on Fixtures Comprising an OCMA. If cigarettes are merchandised in one or more Fixtures in an OCMA, such OCMA must be (1) located behind a Selling Counter or within the Line of Sight of a Selling Counter and (2) located a reasonable distance, as determined by PM USA, from the PCMA or be directly behind the front portion of a fixture commonly referred to as a slide -by fixture. (1) PM USA Portion Requirements. (a) Location. In an OCMA, the PM USA Portion must be located within and at the top of one or more Fixture Bodies, subject to PM USA approval. An OCMA, in its entirety, must be within 85 inches above the Store floor and must contain the PM USA Share of Category Space in the OCMA, up to a maximum of 65% of such Category Space. The PM USA Portion spans the entire width of an OCMA, as depicted in Exhibit A. (b) PM USA Merchandising. PM USA Cigarettes, PM USA Cigarette Signs, other PM USA products, and other information must be merchandised in the PM USA Portion, as designated by PM USA from time to time, across the entire top shelf and contiguously from left to right on successive lower shelves thereafter until such PM USA -occupied space equals the PM USA Share of Category Space in the OCMA, subject to a maximum of 65% of such Category Space. (2) Retailer's Choice Portion. Other manufacturers' cigarettes may be merchandised in any manner Retailer chooses in the Retailer's Choice Portion. F. Merchandising Restrictions. (1) Merchandising on Top of Fixtures. Except for PM USA Cigarette Signs in the PM USA Signage Zone, nothing may be placed on top of any Fixture containing the PM USA Portion, (2) Merchandising Within or Attached to Fixtures. Only tobacco products and tobacco product signs may be merchandised within or attached to any Fixture containing the PM USA Portion; provided, however, that such products and signs may not be attached adjacent to the PM USA Portion if they are non -PM USA products or non -PM USA signs, unless otherwise communicated by PM USA. Any tobacco products within or attached to any Fixture containing the PM USA Portion and any tobacco product signs within any such Fixture will be included in Category Space for purposes of determining the PM USA Share of Category Space, subject to Section 1.F.(3). (3) Exclusions from Category Space. Space on the bottom of a Fixture Body containing the PM USA Portion will be excluded from Category Space as Tong as (a) such space is no more than 24 inches in height, (b) 38 inches of vertical Category Space remain on each Fixture Body containing the PM USA Portion in the PCMA, or 30 inches of vertical Category Space remain on each Fixture Body containing the PM USA Portion in an OCMA, and (c) such space is occupied by either one of the following: (a) Inventory Storage Cabinets, unless such cabinets display any of the following: Cigarette Signs, signs for non -cigarette tobacco merchandise, or signs containing the name of any tobacco product manufacturer; or (b) Shelves that contain non -cigarette tobacco merchandise or signs for non -cigarette tobacco merchandise, other than Cigarette Signs and non -cigarette tobacco merchandise that displays a cigarette brand name, trademark, logo, symbol, motto, or selling message. G. Sign, Display, and OPM Requirements. (1) Signs. (a) General Requirements. PM USA has the right to approve the position, number, location, and size of all signs for PM USA products that are displayed, including signs not Exhibit B Page 2 of 6 30