Bill Text: CA SB31 | 2013-2014 | Regular Session | Chaptered
Bill Title: Outdoor advertising displays: arenas.
Spectrum: Slight Partisan Bill (Democrat 15-6)
Status: (Passed) 2013-10-04 - Chaptered by Secretary of State. Chapter 542, Statutes of 2013. [SB31 Detail]
Download: California-2013-SB31-Chaptered.html
BILL NUMBER: SB 31 CHAPTERED
BILL TEXT
CHAPTER 542
FILED WITH SECRETARY OF STATE OCTOBER 4, 2013
APPROVED BY GOVERNOR OCTOBER 4, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY AUGUST 22, 2013
AMENDED IN ASSEMBLY JUNE 6, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Padilla
(Principal coauthor: Senator Steinberg)
(Coauthors: Senators Correa, Gaines, Huff, Lara, Price, Walters,
and Wyland)
(Coauthors: Assembly Members Bocanegra, Bradford, Ian Calderon,
Garcia, Gomez, Hall, Holden, Jones-Sawyer, Levine, Rendon, Wagner,
and Wilk)
DECEMBER 3, 2012
An act to amend Section 5272 of the Business and Professions Code,
relating to outdoor advertising.
LEGISLATIVE COUNSEL'S DIGEST
SB 31, Padilla. Outdoor advertising displays: arenas.
The Outdoor Advertising Act provides for the regulation by the
Department of Transportation of advertising displays, as defined,
within view of public highways. The act exempts from its provisions
certain advertising displays that advertise the business conducted,
services rendered, or goods produced or sold on the property upon
which the display is placed, as specified. The act also exempts from
its provisions specified advertising displays at an arena located on
public land with a capacity of 5,000 seats or more that provides a
permanent venue for professional sports, and that advertises
products, goods, or services that are or will be sold on the premises
of the arena on a regular basis pursuant to a specified agreement.
This bill would recast the arena advertising exception to exempt
from the act specified advertising displays authorized by local
ordinance at the premises of an arena, defined as a venue with a
capacity of 15,000 seats or more that is capable of providing a
permanent venue for professional sports, or a contiguous development
project or district encompassing or adjacent to the venue that
extends not more than 1,000 feet from a structure connected to the
venue, as specified. These advertising displays would be authorized
to advertise any products, goods, or services sold within that area
on a regular basis, or marketed or promoted in that area pursuant to
a sponsorship marketing plan, as defined, except tobacco, firearms,
or sexually explicit material, if specified conditions are met. The
bill would additionally authorize, under similar conditions, up to 2
advertising displays that are not required to comply with the act,
which the bill would require to be visible when approaching offramps
from the interstate, primary, or state highways used to access the
premises of an arena. The bill would require that certain conditions
apply if the advertising display authorized by the bill is a message
center display. The bill would require that if an advertising display
is subject to a notice from the United States Department of
Transportation, Federal Highway Administration, or other applicable
federal agency to the state that the operation of that display will
result in the reduction of federal funds, as provided, authorization
of the display would cease 60 days after the state notifies the
display owner of the receipt of the federal notice, and would require
the display owner to remove all advertising copy within that time.
The bill would provide for the imposition of a civil fine of $10,000
per day by the department on the owner for failure to remove
advertising copy. The bill would require the local agency to have
primary responsibility for enforcing its ordinance and these
provisions, and to indemnify the state Department of Transportation
for all costs incurred for failing to ensure that compliance, as
specified. The bill would prohibit, among other things, the state
Department of Transportation from assuming any liability in
connection with cessation of operation or removal of an advertising
display. In addition, the bill would require an advertising display
lawfully erected on or before December 31, 2013, in conformity with
the law relating to the exemption for advertising displays on arenas,
as it existed on that date, to remain authorized, subject to the
terms of that law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5272 of the Business and Professions Code is
amended to read:
5272. (a) With the exception of Article 4 (commencing with
Section 5300) and Sections 5400 to 5404, inclusive, this chapter does
not apply to any advertising display used exclusively for any of the
following purposes:
(1) To advertise the sale, lease, or exchange of real property
upon which the advertising display is placed.
(2) To advertise directions to, and the sale, lease, or exchange
of, real property for which the advertising display is placed;
provided, that the exemption of this paragraph does not apply to
advertising displays visible from a highway and subject to the
Highway Beautification Act of 1965 (23 U.S.C. Sec. 131).
(3) To designate the name of the owner or occupant of the premises
or to identify the premises.
(4) To advertise the business conducted, services rendered, or
goods produced or sold upon the property on which the advertising
display is placed if the display is on the same side of the highway
and within 1,000 feet of the point on the property or within 1,000
feet of the entrance to the site at which the business is conducted,
services are rendered, or goods are produced or sold.
(b) With the exception of Article 4 (commencing with Section 5300)
and Sections 5400 to 5404, inclusive, this chapter does not apply to
any advertising display used exclusively either to advertise
products, goods, or services sold by persons on the premises of an
arena on a regular basis, or to advertise any products, goods, or
services marketed or promoted on the premises of an arena pursuant to
a sponsorship marketing plan, if all of the following conditions are
met:
(1) The arena is capable of providing a venue for professional
sports on a permanent basis.
(2) The arena has a capacity of 15,000 or more seats.
(3) The advertising display is either of the following:
(A) Located on the premises of the arena.
(B) Has been authorized as of January 1, 2019, by, or in
accordance with, a local ordinance, including, but not limited to, a
specific plan or sign district adopted in connection with the
approval of the arena by the city, county, or city and county, bears
the name or logo of the arena, and is visible when approaching
offramps from the interstate, primary, or state highways used to
access the premises of the arena. No arena shall be permitted more
than two advertising displays allowed under this subparagraph.
(c) (1) Any advertising display erected pursuant to subdivision
(b) and located on the premises of the arena shall be lawful only if
authorized by, or in accordance with, an ordinance, including, but
not limited to, a specific plan or sign district, adopted by the
city, county, or city and county, that regulates advertising displays
on the premises of the arena by identifying the specific displays or
establishing regulations that include, at a minimum, all of the
following:
(A) Number of signs and total signage area allowed.
(B) Maximum individual signage area.
(C) Minimum sign separation.
(D) Illumination restrictions and regulations, including signage
refresh rate, scrolling, and brightness.
(E) Illuminated sign hours of operation.
(2) Authorization of advertising displays under subdivision (b) is
subject to the owner of the advertising display submitting to the
department a copy of the ordinance adopted by the city, county, or
city and county in which the arena is located authorizing the
advertising display and, for signs located on the premises of the
arena, identification of the provisions of the ordinance required
under paragraph (1). The department shall certify that the proposed
ordinance meets the minimum requirements contained in paragraph (1).
(3) An advertising display authorized pursuant to subdivision (b)
shall not advertise products, goods, or services related to tobacco,
firearms, or sexually explicit material.
(4) This chapter does not limit a local government from adopting
ordinances prohibiting or further restricting the size, number, or
type of advertising displays permitted by this section.
(d) As used in this section, "the premises of an arena" means
either of the following:
(1) A venue for indoor or outdoor sports, concerts, or other
events.
(2) Any development project or district encompassing the venue,
adjacent to it, or separated from it only by public or private
rights-of-way, the boundaries of which have been set by the city,
county, or city and county in which the arena is located. The
development project or district must be contiguous and may not extend
more than 1,000 feet beyond the arena structure or any structure
physically connected to the arena structure.
(e) As used in this section, "sponsorship marketing plan" means an
agreement between the property owner, facility owner, facility
operator, or occupant of the premises of an arena and a sponsor
pursuant to which the sponsor is allowed to include its logo, slogan,
or advertising on advertising displays and that meets both of the
following conditions:
(1) The sponsorship marketing plan is for a period of not less
than one year.
(2) The sponsorship marketing plan grants the sponsor the
opportunity to display its logo, slogan, or advertising in the
interior of structures on the premises of an arena, or conduct
promotions, public relations, or marketing activities on the premises
of an arena.
(f) Authorization of an advertising display under subdivision (b)
that is a message center display is subject to the owner of the
display complying with one of the following conditions:
(1) Making a message center display within the premises of the
arena available on a space-available basis for use by the department
or the Department of the California Highway Patrol for public service
messages, including Emergency Alert System (Amber Alert) messages
disseminated pursuant to Section 8594 of the Government Code, and
messages containing, among other things, reports of commute times,
drunk driving awareness messages, reports of accidents of a serious
nature, and emergency disaster communications.
(2) Making a message center display not subject to this section
that is under the control of the owner of the advertising display
available on a space-available basis for public service messages in a
location acceptable to the department and the Department of the
California Highway Patrol.
(3) Providing funding to the department for the installation of a
message center display to accommodate those public service messages,
which may include funding as part of mitigation in connection with
the approval of the arena by the city, county, or city and county.
(g) If an advertising display authorized under subdivision (b) is
subject to a notice from the United States Department of
Transportation, the Federal Highway Administration, or any other
applicable federal agency to the state that the operation of that
display will result in the reduction of federal aid highway funds
provided in Section 131 of Title 23 of the United States Code,
authorization of the display under subdivision (b) shall cease and
the display owner shall remove all advertising copy from the display
within 60 days after the state notifies the display owner of the
receipt of the federal notice. Failure to remove the advertising copy
pursuant to this subdivision shall result in a civil fine, imposed
by the California Department of Transportation, of ten thousand
dollars ($10,000) per day until the advertising copy is removed. The
department shall not assume any liability in connection with
cessation of operation or removal of an advertising display or
advertising copy pursuant to this subdivision.
(h) The city, county, or city and county adopting the ordinance
authorizing the displays erected pursuant to this section shall have
primary responsibility for ensuring that the displays remain in
conformance with all provisions of the ordinance and of this section.
If the city, county, or city and county fails to ensure that the
displays remain in conformance with all provisions of the ordinance
and of this section after 30 days of receipt of a written notice from
the department, the city, county, or city and county shall hold the
department harmless and indemnify the department for all costs
incurred by the department to ensure compliance with the ordinance
and this section or to defend actions challenging the adoption of the
ordinance allowing the displays.
(i) An advertising display lawfully erected on or before December
31, 2013, in conformity with subdivision (e) of this section as it
read on that date, shall remain authorized, subject to the terms of
that subdivision.
