Chapter 5.13
MADE IN NORTH POLE TRADEMARK
Sections:
5.13.020 Administration of chapter.
5.13.030 Design of Made in North Pole emblem.
5.13.040 Utilization of Made in North Pole emblem.
5.13.050 Eligibility – Permit holder requirements.
5.13.080 No cause of action against the City.
5.13.010 Purpose and intent.
The purpose and intent of the Made in North Pole Program is to validate items made in North Pole, raise revenues, encourage local manufacturing production of handicrafts, further economic development and promote the uniqueness of the City of North Pole. (Ord. 13-03A § 2, 2013)
5.13.020 Administration of chapter.
A. The City of North Pole hereby creates a Made in North Pole Program.
1. The City of North Pole reserves all rights and privileges to the Made in North Pole emblem as outlined and approved by the North Pole City Council.
B. The Mayor of the City of North Pole is responsible for management and administration of the provisions relating to the Made in North Pole emblem, including:
1. The supervision of the use of the emblem;
2. The design, issuance, and control of emblem;
3. The enforcement of NPMC 5.13.060 regarding the use of the emblem.
C. The North Pole City Council shall establish forms and fees for the applications and permits to be used or issued under this section, the period for which the permits are valid, and the procedures for renewing the permits.
D. The City of North Pole is responsible for maintaining the rights and privileges associated with the Made in North Pole Program. (Ord. 13-03A § 2, 2013)
5.13.030 Design of Made in North Pole emblem.
The official emblem for an article that is made in the North Pole area is a design approved by the North Pole City Council, that depicts a candy cane lined pole with a sign suspended from the side with the wording “Made in North Pole.” (Ord. 13-03A § 2, 2013)
5.13.040 Utilization of Made in North Pole emblem.
A. The permit holder may obtain Made in North Pole Alaska emblems from sources that conform to the requirements of this chapter. The representation of the emblem may be in the form of tags, stickers, rubber stamps, etc.
B. A permit holder may use a representation of that emblem on labels, letterheads, business cards, in-store and other advertising, and for other similar purposes.
C. The Made in North Pole Alaska emblem or a representation of that emblem may not be sold as art or be used as a document or as a dominant feature of a product logo or label unless approved by the Mayor or North Pole Agent in writing and adhere to the Made in North Pole Permit Process Policy No. 13-01.
D. A person may use the Made in North Pole Alaska emblem to identify an article that is made in the North Pole area. The emblem may not be used to identify an article made outside the North Pole area.
E. The Made in North Pole Alaska emblem may only be used after paying all fees and receiving a use permit from North Pole City Hall. A person may report alleged violations of the Made in North Pole Alaska emblem to the Mayor or the North Pole City Council. (Ord. 13-03A § 2, 2013)
5.13.050 Eligibility – Permit holder requirements.
A. A permit to use the Made in North Pole Alaska emblem will be issued to an applicant who:
1. Locates and maintains the handicraft or product making or manufacturing operation with the North Pole area as defined in NPMC 5.13.100; or
2. Produces a handicraft or a product in the State of Alaska for which value-added processes were accomplished in the North Pole area; or
3. Uses North Pole area resources and materials in the manufacturing or production of the product or handicraft; and
4. Has a current Alaska business license if required by AS 43.70; and
5. Has a current North Pole City business license as required by NPMC 5.02.020; and
6. Submits a completed application and the required annual fees; and
7. Permits the inspection of the production or manufacturing site by the Mayor or a City of North Pole Agent; and
8. Complies with the requirements of this chapter.
B. A finished product that is only partially manufactured within the North Pole area may be authorized to use the Made in North Pole Alaska emblem if:
1. The producer demonstrates that no manufacturing facility exists in the North Pole area with the capacity or expertise to do the work being accomplished outside the North Pole area; the Mayor or City of North Pole Agent will not consider cost alone as a valid justification for using out-of-North Pole manufacturing facilities; and
2. The majority of the value-added processes are accomplished in the North Pole area.
C. The printing industry is not eligible for a permit to use the Made in North Pole Alaska emblem for routine printing projects that involve printing or duplication of items or writings not created by the printer in the North Pole area. (Ord. 13-03A § 2, 2013)
5.13.060 Prohibited conduct.
An individual or business may not:
A. Knowingly or willfully alter, change, or counterfeit the Made in North Pole Alaska emblem.
B. Knowingly or willfully sell, or offer to sell an article that is not made in the North Pole area but bears the Made in North Pole Alaska emblem.
C. Knowingly or willfully use the emblem for an article that is not made in the North Pole area.
D. Use the emblem authorized under this section in any fashion without paying all fees and receiving a Made in North Pole Alaska permit from North Pole City Hall. (Ord. 13-03A § 2, 2013)
5.13.070 Penalties.
Penalties for the misuse of the Made in North Pole Alaska emblem seal are as follows:
A. A person who knowingly or willfully alters, changes, or counterfeits the Made in North Pole Alaska emblem is guilty of a Class B misdemeanor.
B. A person who knowingly or willfully sells, or offers to sell an article that is not made in the North Pole area but bears the Made in North Pole Alaska emblem is guilty of a Class B misdemeanor.
C. A person who knowingly or willfully uses the Made in North Pole emblem for an article that is not made in the North Pole area is guilty of a Class B misdemeanor.
D. An agent who has been authorized to issue a Made in North Pole use permit under this chapter is guilty of a Class B misdemeanor if the person knowingly or willfully issues a permit for an article that is not made in the North Pole area.
E. A person who uses the Made in North Pole Alaska emblem without obtaining a use permit and paying all applicable fees is guilty of a Class B misdemeanor. (Ord. 13-03A § 2, 2013)
5.13.080 No cause of action against the City.
Any failure on the part of the City of North Pole to follow the provisions of this chapter shall not:
A. Waive any rights of the City of North Pole;
B. Give rise to any cause of action on behalf of the permit applicant or holder against the City of North Pole. (Ord. 13-03A § 2, 2013)
5.13.090 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or in violation of law, then that holding shall not affect the validity of the remainder of this chapter. (Ord. 13-03A § 2, 2013)
5.13.100 Definitions.
“Emblem” means the Made in North Pole Alaska emblem outlined in this chapter.
“Handicraft” means an object that is crafted by skilled hands and for the purpose of this chapter and policy include works of art.
“Knowingly” or “willfully” means with respect to conduct or to a circumstance described by a provision of law defining an offense when the person is aware that the conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had that person not been intoxicated acts knowingly with respect to that conduct or circumstance.
“Mayor” means chief administrative official of the City of North Pole or the Mayor’s designee.
“North Pole Agent” is a City staff member or Council member given written authority to act as an administrative assistant for the Made in North Pole Program by the Mayor.
“North Pole area” means all of the incorporated City of North Pole, all land from the Moose Creek Dam to the Chena River following the Chena River north to where it intersects with the back side of Fort Wainwright bordering the Fairbanks City Line to the Tanana River Dike and following the Tanana River Dike south to where it intersects with the Moose Creek Dam.
“Product line” means a group of products, crafts or works of art, manufactured by a firm or by an artisan that are closely related in use and in production and marketing requirements.
“Work of art” means a creation or crafting of:
A. A visual article, including a painting, a sculpture, a drawing, a mosaic, a photograph, an etching, a lithograph, and a serigraph; or
B. Calligraphy; or
C. Clay, textile, fiber, wood, metal, plastic, or glass, or a combination of these materials; or
D. Traditional Alaska Native materials, including ivory, bone, grass, baleen, animal skins, wood, or furs; or
E. A collage or combination of two or more of the categories identified in subsections (A) through (D) of this definition. (Ord. 13-03A § 2, 2013)