HomeMy WebLinkAbout2022-06-13 22-206 OrderCITY COUNCIL ACTION
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22-206
JUNE 13, 2022
Bangor International Airport
Advertising Policy
I. Purpose and Objectives
The purpose of this policy is to provide guidelines for the sale of advertising space at Bangor
International Airport (BGR). BGR's objectives in managing its advertising program are to optimize
revenues to BGR by providing advertisers with aesthetically-pleasing advertising concepts and to provide
users of the Airport with a safe, welcoming and comfortable environment.
BGR facilities constitute non-public forums that are subject to reasonable and viewpoint-neutral
limitations and restrictions as set forth in this policy. The limitations set forth in subsection II(A) below
restrict advertising to commercial advertising, governmental public service advertising, and advertising
by community promotional organizations. The restrictions set forth in subsection II(B) below control the
content of the advertising.
BGR has determined that such limitations and restrictions will assist BGR: (a) in maintaining a position of
neutrality and avoid the appearance of favoritism on political, religious, social, economic and other
controversial issues at the Airport; (b) in maximizing the income earned from selling advertising space
because some commercial and other approved entities might be dissuaded from using the same forum
commonly used by those wishing to communicate political, religious, social, economic, or other
controversial messages; (c) in being as self-sustaining as possible, in accordance with FAA Grant
Assurances; and (d) in maintaining a safe, welcoming and comfortable environment for the captive
audience of passengers utilizing the Airport, including minors, and those working at the Airport.
II. Guidelines for Airport Advertising
A. Permitted Advertising Content:
Except to the extent prohibited under subsection II(B) of these guidelines, the following classes of
advertising are permitted at the Airport:
1. Commercial Advertising: Advertising promoting or soliciting the sale, rental, distribution, or
availability of goods, services, food, entertainment, events, programs, transactions, products, or
property (real or personal) for commercial purposes, advertising that markets a name, symbol or design
that identifies and differentiates a product from other products for commercial purposes, or advertising
that more generally promotes an entity that engages in such activities.
2. Governmental Advertising: Public service advertising sponsored by governmental entities (meaning
public entities specifically created by government action) that advance specific government purposes.
3. Community Promotion Organizations: In the event BGR does not have an advertising agreement in
place for the use of a desired advertising space, then BGR may make the space available to non-profit
community promotion organizations if the content otherwise meets the requirements of this policy. A
community promotion organization means an organization which markets business or tourism in the
Adopted by Council Order #_________
22-206
JUNE 13, 2022
Greater Bangor Region and the City of Bangor, and would benefit from the exposure provided on Airport
premises.
B. Prohibited Advertising Content:
The following categories of advertising are prohibited:
1. Political: Advertising promoting or opposing a political party or the election or opposition of any
candidate or group of candidates for federal, state, judicial, or local government offices, and advertising
that contains political messages, including advertising involving political or judicial figures.
2. Religious: Advertising that contains any direct or indirect reference to religion, or to the existence,
nonexistence, or other characteristics of any deity or deities. This prohibition covers the depiction of
text, symbols, or images commonly associated with any religion or with any deity or deities.
3. Social: Advertising that depicts a group or groups within society about or between which controversy
or disparity exits as a result of real or perceived current or historical societal conditions.
4. Economic: Advertising that addresses controversial issues relating to the financial status of
businesses, individuals, groups, or organizations, including but not limited to, the issues of wages, taxes,
trade, labor conditions, the financial system, entitlements, health insurance coverage, and subsidies.
5. Public Issues: Advertising that expresses or advocates an opinion, position or viewpoint on political,
religious, social, historical or economic issues.
6. Libelous Speech and Copyright or Trademark Infringement: Advertising that is libelous or infringes
on any copyright, trademark, or service mark.
7. Cigarettes, Tobacco or Electronic Cigarettes: Advertising that promotes, solicits, or markets the sale
or use of cigarettes, tobacco, or electronic cigarettes, or depicts such products, goods or services.
8. Medical Marijuana, Hemp or Cannabidiol (CBD): Advertising that promotes, solicits, or markets the
growing, distribution, sale, or use of medical marijuana, hemp or cannabidiol (CBD), or depicts such
products, goods or services.
9. Betting or Gambling: Only advertising for gambling establishments, betting services, lotteries or
contests that are in compliance with applicable federal, state and local laws and regulations and this
policy are acceptable. All other gambling establishments, betting services, lotteries, contests or
gambling related advertisements, including but not limited to, gambling tutorial websites, may not be
accepted.
10. Weapons, Firearms, Ammunition or Fireworks: Advertising that promotes, solicits, or markets the
sale, rental, distribution, or availability of weapons, firearms, ammunition, or fireworks, or depicts such
products, goods or services.
11. 900 and 976 Phone Numbers: Advertising that promotes, solicits, or markets the use of 900, 976 and
similar phone numbers.
12. Adult/Mature Rated Films, Television and Video Games: Advertising that promotes adult films
rated "X" or "NC-17," television rated "MA," or video games rated "AO" or "M" or similar adult/mature
audio or video content.
Adopted by Council Order #_________
22-206
JUNE 13, 2022
13. Obscenity, Pornography, Adult Entertainment or Services, or Adult Novelty Product: Advertising
that is obscene within the meaning of Maine law or City of Bangor ordinances, and advertising that
promotes adult book stores, adult video stores, nude dance clubs, other adult entertainment
establishments, adult telephone services, adult internet sites and escort services.
14. Profanity and/or Fighting Words: Advertising that contains or implies profanity or fighting words,
the suggestion of profanity or fighting words, or words that are of such slight social value that any
benefit that may be derived from the words is clearly outweighed by the social interest in order and
morality.
15. Harmful to Children: Advertising that contains harmful matter to children within the meaning of
Maine’s law on obscenity and child pornography or a matter that could cause or contribute to child
abuse within the meaning of Maine law.
16. Unlawful and/or Illegal Goods or Services: Advertising that promotes or encourages the sale, use or
possession of any activities, goods, or services that are illegal under federal, state or local law, or that
are directed to incite or produce imminent lawless action.
17. Violence, Disparagement, Hatred, Bigotry or Intolerance: Advertising that depicts graphic violence
or images of violence or gore (including body parts, dead, mutilated bodies, or fetuses of humans or
animals), or that promotes hatred, bigotry, disparagement, intolerance, or violence towards individuals,
groups, businesses, organizations or government entities, or which is offensive.
18. Result in Harm, Disruption or Interference to Airport: Advertising that contains speech or images
that is so objectionable under contemporary community standards as to be reasonably foreseeable that
it will result in harm to, disruption of, or interference with the Airport.
19. False, Fraudulent, Defamatory, Deceptive or Misleading: Advertising which is false, fraudulent,
defamatory, deceptive, or misleading in any way within the meaning of State of Maine or federal law.
20. lllegal Advertising: Advertising which is illegal under State of Maine or federal law, or advertising
that may conflict with any applicable federal, state, or local law, statute, or ordinance.
21. Competition: Advertising that promotes or encourages services in direct competition with BGR’s
business objectives or promotes or encourages services that detract from the mission of BGR to provide
a safe, welcoming and comfortable environment for workers and passengers.
22. Endorsement: Advertising that implies or declares an endorsement by BGR, BGR Aviation or the City
of Bangor without prior City of Bangor Council approval.
23. Threatening Words: Advertising that contains threatening words when applying contemporary
community standards which common sense dictates should not be displayed inside an airport facility
(e.g., killer, bomb, terrorist, hijack, etc.), or advertising that conveys any threat to do any act within the
meaning of State of Maine or federal law.
24. Consumption of Alcohol: Advertising that promotes consumption or purchase of alcoholic
beverages, including but not limited to, beer, wine, liquor, and other alcoholic substances, that are in
compliance with applicable federal, state and local laws and regulations and this policy are acceptable,
but such advertisements may not depict the act of consuming alcohol.
Adopted by Council Order #_________
22-206
JUNE 13, 2022
25. Internet Addresses, Telephone Numbers or Media Sources: Advertising that directs viewers to
internet addresses, telephone numbers or other media sources that contain materials that would violate
these advertising guidelines if the materials, images or information were contained in advertising
displayed at the Airport.
26. Likeness, Picture, Image or Name of Person: Advertising that employs or commercially exploits
without adequate proof of express written authorization, the likeness, picture, image or name of any
person.
27. Violation of BGR’s Rules and Regulations: Advertising that suggests or otherwise tends to promote
or encourages conduct on BGR facilities that would violate BGR’s rules and regulations.
28. Not Conducive to a Safe, Welcoming and Comfortable Environment: Advertising that is
aesthetically inappropriate, whether by reason of inappropriate graphic, design, color, size, or
unprofessional looking presentation, and for that reason is not conducive conductive to creating a safe,
welcoming and comfortable environment at the Airport.
C. Attribution Requirements:
Any advertising in which the identity of the sponsor is not readily and unambiguously identifiable must
include the following phrase to identify the sponsor in clearly visible letters as approved by BGR:
"Advertisement paid for by (name of sponsor)."
III. Advertising Agreement and Submission of Material.
A. Advertising Agreement:
All entities who wish to advertise at the Airport must execute an advertising agreement with BGR.
B. Written Approval of Advertisements:
All advertising at the Airport must receive written approval (email is allowed) by the BGR Marketing
Manager, Airport Director or their noted proxy prior to display. All proposed Airport advertising must be
submitted to the BGR Marketing Manager or designated proxy for initial compliance review. The
Marketing Manager will perform a preliminary evaluation of the submission to assess its compliance
with these guidelines. If the Marketing Manager determines that a proposed advertisement does not
comply with these guidelines or is unable to make a compliance determination, it will forward the
submission to the Airport Director for further evaluation. If the Airport Director determines that a
proposed advertisement does not comply with these guidelines or is unable to make a compliance
determination, the Airport Director will forward the submission to the City of Bangor’s legal department
for further evaluation. The Marketing Manager, Airport Director, and/or City of Bangor legal department
may at any time discuss, with the entity proposing the advertisement, revisions which, if adopted, would
bring the advertisement into conformity with these guidelines.
C. Approval Disputes:
The decision of the Airport Director to approve or reject any proposed advertising will be final.
Adopted by Council Order #_________
22-206
JUNE 13, 2022
IV. Reservation of Rights
BGR reserves the right, subject to any contractual obligations, to alter these guidelines, including the
right to set additional limitations and/or restrictions on advertising that may be displayed at the Airport,
or to ban the display of advertising in those facilities altogether.
The display of advertising at the Airport shall not be interpreted to imply that BGR endorses any brand,
product, or service advertised.
Adopted by Council Order #_________
IN CITY COUNCIL
JUNE 13, 2022
CO 22-206
Passed
CITY CLERK