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HomeMy WebLinkAbout2022-06-13 22-206 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: 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