Amended
 INÂ
Senate
 June 20, 2019 |
Amended
 INÂ
Assembly
 May 16, 2019 |
Amended
 INÂ
Assembly
 April 25, 2019 |
Amended
 INÂ
Assembly
 March 21, 2019 |
Assembly Bill | No. 1687 |
Introduced by Assembly Members Jones-Sawyer and Calderon |
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, including, among other things, 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 specified conditions are met, including that the advertising display is located on the premises of the arena or has been authorized as of January 1, 2021, by, or in accordance with, a local ordinance, as specified. The act requires that, in order to qualify
for the exemption, a sponsorship marketing plan, among other things, must be for a period of at least one year. This bill would extend the authorization date for advertising displays, as described above, to January 1, 2028. The bill would require that, in order to qualify for the exemption, a sponsorship marketing plan, among other things, instead must be in effect for at least one week during a sports league season or year or at least 30 days in duration if outside a sports league season or year.
Digest KeyVote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO ÂBill TextThe 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 (2) To advertise directions to, and the sale, lease, or exchange of, real property for which the advertising display is (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 (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 (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, (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)Â Number of signs and total signage area allowed. (B)Â Maximum individual signage area. (C)Â Minimum sign separation. (D)Â Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness. (E)Â Illuminated sign hours of operation. (2)Â 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)Â The sponsorship marketing plan is (2)Â 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)Â 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)Â 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)Â 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)Â 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)Â 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 (h)Â 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)Â 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.
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