Bill Text: CA SB31 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: SB 31 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Padilla
( Principal coauthor: Senator
Steinberg )
( Coauthors: Senators Gaines,
Lara, Price, and Wyland
)
( Coauthors: Assembly Members
Bocanegra, Bradford, Ian Calderon,
Garcia, Gomez, Holden,
Jones-Sawyer, Rendon, Wagner, and
Wilk )
DECEMBER 3, 2012
An act to amend Section 5213 5272 of
the Business and Professions Code, relating to outdoor advertising.
LEGISLATIVE COUNSEL'S DIGEST
SB 31, as amended, Padilla. Outdoor advertising:
definition of highway. 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 a venue located on public land with a capacity of
15,000 seats or more that is capable of providing a permanent venue
for professional sports, or on 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 distilled spirits,
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 highway nearest to the venue, or nearest to a development
project or district encompassing the arena within 1,000 feet of the
venue or a structure connected to the venue. The bill would provide
that, if an advertising display authorized by the bill is a message
center display, certain conditions would apply.
Existing law, the Outdoor Advertising Act, provides for regulation
by the Director of Transportation of advertising displays, as
defined, within view of public highways. The act regulates the
placement of off-premise advertising displays along highways, which
displays generally advertise business conducted or services rendered
or goods produced or sold at a location other than the property upon
which the display is located.
This bill would make a nonsubstantive change to the act.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
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 and 5404,
inclusive, nothing contained in this chapter applies to any
advertising display that is used exclusively for any of the
following purposes:
(a)
(1) To advertise the sale, lease, or exchange of real
property upon which the advertising display is placed.
(b)
(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).
(c)
(3) To designate the name of the owner or occupant of
the premises or to identify the premises.
(d)
(4) To advertise the business conducted or services
rendered or the goods produced or sold upon the property upon which
the advertising display is placed if the display is upon 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 or services are rendered or goods are
produced or sold.
(e) (1) To advertise any products, goods, or services sold by
persons on the premise of an arena pursuant to all of the following
conditions:
(A) The arena is located on public land.
(B) The arena provides a venue for professional sports on a
permanent basis.
(C) The arena has a capacity of 5,000 or more seats.
(D) The arena has an advertising display in existence before
January 1, 2009.
(E) The products, goods, or services advertised are or will be
offered for sale by persons on a regular basis during the term of an
agreement between the vendor or business whose products, goods, or
services are sold and the property owner, facility owner, or facility
operator, and the term of the agreement is a minimum of one year.
(2) An advertising display authorized pursuant to this subdivision
shall not advertise products, goods, or services directed at an
adult population, including, but not limited to, alcohol, tobacco,
gambling, or sexually explicit material.
(b) With the exception of Article 4 (commencing with Section 5300)
and Sections 5400 and 5404, nothing contained in this chapter
applies to any advertising display that is used exclusively to either
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 located on public land.
(2) The arena is capable of providing a venue for professional
sports on a permanent basis.
(3) The arena has a capacity of 15,000 or more seats.
(4) The advertising display does not cause the reduction in
federal aid highway funds as provided in Section 131 of Title 23 of
the United States Code.
(5) 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 or county, bears the name or logo
of the arena, and is visible when approaching offramps from the
interstate, primary, or state highway nearest to 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 authorized by,
or in accordance with, an ordinance, including, but not limited to, a
specific plan or sign district, adopted by the city or county, that
regulates advertising displays on the premises of the arena by either
identifying the specific displays or by 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
Secretary of Transportation a copy of the ordinance adopted by the
city or 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 secretary shall review and certify, in
consultation with the Department of Transportation, that the proposed
displays and ordinance meet the minimum requirements contained in
this section.
(3) An advertising display authorized pursuant to subdivision (b)
shall not advertise products, goods, or services related to distilled
spirits, tobacco, firearms, or sexually explicit material.
(4) Nothing in this chapter limits a local government from
adopting ordinances 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 or
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
of Transportation or the Department of the California Highway Patrol
for public service messages, including so-called "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 of Transportation and the
Department of the California Highway Patrol.
(3) Providing funding to the Department of Transportation 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 or county.
SECTION 1. Section 5213 of the Business and
Professions Code is amended to read:
5213. For purposes of this chapter, "highway" includes roads,
streets, boulevards, lanes, courts, places, commons, trails, ways or
other rights-of-way or easements used for or laid out and intended
for the public passage of vehicles or of vehicles and persons.
