Bill Text: CA SB336 | 2009-2010 | Regular Session | Introduced

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Bill Title: Advertising displays.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB336 Detail]

Download: California-2009-SB336-Introduced.html

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BILL NUMBER: SB 336	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 25, 2009

   An act to amend Section 5272 of the Business and Professions Code,
relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 336, as introduced, Correa. Advertising displays.
   The Outdoor Advertising Act provides for the regulation by the
Department of Transportation of advertising displays, as defined,
within view of public highways. With the exception of products,
goods, or services directed at an adult population, the act exempts
from its provisions certain advertising displays in existence before
January 1, 2009, 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 premise of the arena on a regular
basis pursuant to an agreement of at least one year duration between
the vendor or business and the property owner, facility owner, or
facility operator.
   This bill would authorize the advertising displays at the arena to
advertise certain food and beverage products directed at an adult
population if they are consumed on the premises and the products were
advertised prior to July 1, 2008, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: 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.  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) To advertise the sale, lease, or exchange of real property
upon which the advertising display is placed.
   (b) 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) To designate the name of the owner or occupant of the premises
or to identify the premises.
   (d) 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.  This paragraph does not
apply to any advertisement of a food or beverage product that is
consumed on the premises of the arena described in paragraph (1) if
those products were advertised on the display prior to July 1, 2008,
provided the advertisement continues to meet all of the conditions
specified in paragraph (1).