11-12-2014 Council Agenda - Laserfiche WebLink

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(e) No Access Stores. If a No Access Store maintains one or more other manufacturers' Exterior Cigarette Signs in the selling window, then such Store must display at least one PM USA Exterior Cigarette Sign in the PM USA Signage Zone. Only PM USA Cigarette Signs may be placed in such PM USA Signage Zone. (2) Displays. PM USA does not require PM USA Cigarettes to be merchandised in Displays. If, however, a Store merchandises PM USA Cigarettes in Displays, such Store may maintain no more than three such Displays. Any such Display (a) may contain only PM USA Cigarettes and (b) must be placed behind the Selling Counter in an NSS location visible to adult tobacco consumers. The location of any such Display is subject to PM USA approval. (3) OPMs. If a Store Cigarette Signs, (b) other signs authorized of the Store alone or in conjunction with a (ii) bears a brand name that is owned by obstruct or otherwise interfere with any PM maintains an OPM, such OPM may display only (a) PM USA by PM USA, or (c) signs that feature the name, logo or slogan non -tobacco product or service that either (i) is unbranded or Retailer and only available in its stores. The OPM must not USA Portion, as determined by PM USA. 2. PMO Requirements for Retailers. If, with respect to a Store, Retailer chooses to participate in the PMO, Retailer agrees that such Store will not merchandise cigarettes or place or display Cigarette Signs, or brand imagery associated with cigarettes, on top of, attached to the top of, attached to the vertical surface below the front of, or above the surface of, any Selling Counter in front of the PCMA or the Selling Counter closest to and within the Line of Sight of the PCMA, all as determined by PM USA. The Store may, however, maintain an OPM above the surface of a Selling Counter as long as the cigarettes in such OPM are not visible to consumers standing at such counter and there are no Cigarette Signs on such OPM, Notwithstanding the foregoing, a No Access Store with respect to which Retailer chooses to participate in the PMO may place Cigarette Signs attached to or in the front selling window, on top of, attached to the top of, or above a Selling Counter, as set forth in Section 1.G.(1)(e). 3. General Requirements. For any Store with respect to which Retailer participates in the Program at the Choice Level or the Premium Level, Retailer must satisfy the following requirements: A. We Card Signs, Underage Access Prevention Education, and Compliance. (1) We Gard Signs or Equivalent Signs. (a) Two We Card Signs or equivalent signs must be posted in the following locations at a Store: (i) one sign outward facing at the primary point of entry into the Store or outward facing in a window next to the primary point of entry into the Store; provided however that if a Store cannot be entered by customers or if the prescribed placement of We Card Signs or equivalent signs is prohibited by law, PM USA may designate an alternative location for placement of these signs; and (ii) one sign on top of, above, or behind the Selling Counter in front of the PCMA or the Selling Counter closest to and within the Line of Sight of the PCMA, as determined by PM USA. Signs prescribed by a state or other governmental authority that perform a function similar to We Card Signs are considered equivalent signs for purposes of the Agreement. We Card Signs should not be considered a replacement for state or other government -required signs performing a similar function. (b) One or more We Card Items or equivalent items, as determined by PM USA, must be maintained in a Store on top of, above, or behind the Selling Counter in front of the PCMA or the Selling Counter closest to and within the Line of Sight of the PCMA, (2) Underage Retail Access Prevention Education. (a) Retailer must ensure that (i) any current employee who sells tobacco products and has not completed We Card Training or equivalent training prior to the effective date of the Agreement completes such training within 90 days following the effective date of the Agreement, (U) any new employee who sells tobacco products completes We Card Training or equivalent training within 90 Exhibit 13 Page 4 of 6 31