Bill Text: CA AB1581 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Advertising: business location representations: floral

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State - Chapter 633, Statutes of 2012. [AB1581 Detail]

Download: California-2011-AB1581-Chaptered.html

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BILL NUMBER: AB 1581	CHAPTERED
	BILL TEXT

	CHAPTER  633
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2012
	PASSED THE SENATE  AUGUST 13, 2012
	PASSED THE ASSEMBLY  MAY 3, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Wieckowski
   (Principal coauthor: Senator Wolk)

                        FEBRUARY 2, 2012

   An act to add Section 17537.15 to the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1581, Wieckowski. Advertising: business location
representations: floral businesses.
   Existing law provides for the regulation of advertising in this
state and makes certain advertising practices unlawful. A violation
of the provisions regulating advertising is a misdemeanor.
   This bill would make it an infraction, punishable by a fine not to
exceed $250, for a provider or vendor of floral or ornamental
products or services, as defined, to misrepresent the geographic
location of its business by either (1) listing a local telephone
number in any listing or advertisement, unless the advertisement or
listing identifies the true physical address, including the city, of
the provider's or vendor's business; or (2) listing a fictitious
business name or an assumed business name in any listing or
advertisement, if the name misrepresents the location of the business
and the listing or advertisement does not identify the true physical
address of the business. This bill would also state that it does not
create or impose any obligation or duty upon a person other than a
vendor or provider as described above.
   By creating new advertising prohibitions, the violation of which
would be a crime, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17537.15 is added to the Business and
Professions Code, to read:
   17537.15.  (a) For purposes of this section, "floral or ornamental
products or services" means floral arrangements, cut flowers, floral
bouquets, potted plants, balloons, floral designs, and related
products and services.
   (b) For the purposes of this section, "local telephone number"
means a specific telephone number (area code and prefix) assigned for
the purpose of completing local calls between a calling party or
station and any other party or station within a designated exchange
or all of its designated local calling areas. The term "local
telephone number" does not include long distance telephone numbers or
any toll-free telephone numbers listed in a local telephone
directory.
   (c) (1) It is an infraction for a provider or vendor of floral or
ornamental products or services to misrepresent the geographic
location of its business by doing either of the following:
   (A) Listing a local telephone number in any advertisement or
listing, unless the advertisement or listing identifies the true
physical address, including the city, of the provider's or vendor's
business.
   (B) Listing a fictitious business name or an assumed business name
in any advertisement or listing if both of the following criteria
are met:
   (i) The name of the business misrepresents the provider's or
vendor's geographic location.
   (ii) The advertisement or listing does not identify the true
physical address, including the city and state, of the provider's or
vendor's business.
   (2) Notwithstanding Sections 17534 and 17534.5, a violation of
this section is punishable, exclusively, by a fine not to exceed two
hundred fifty dollars ($250).
   (d) This section does not create or impose any duty or obligation
on a person other than a vendor or provider described in subdivision
(a).
   (e) This section does not apply to any of the following:
   (1) A publisher of a telephone directory or other publication or a
provider of a directory assistance service publishing or providing
information about another business.
   (2) An Internet Web site that aggregates and provides information
about other businesses.
   (3) An owner or publisher of a print advertising medium providing
information about other businesses.
   (4) An Internet service provider.
   (5) An Internet service that displays or distributes
advertisements for other businesses.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.