BILL NUMBER: AB 2339	CHAPTERED  09/28/08

	CHAPTER  493
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2008
	PASSED THE SENATE  AUGUST 21, 2008
	PASSED THE ASSEMBLY  AUGUST 29, 2008
	AMENDED IN SENATE  AUGUST 18, 2008
	AMENDED IN SENATE  AUGUST 6, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN ASSEMBLY  MAY 12, 2008
	AMENDED IN ASSEMBLY  APRIL 23, 2008
	AMENDED IN ASSEMBLY  APRIL 14, 2008

INTRODUCED BY   Assembly Member Solorio
   (Coauthors: Assembly Members Carter, Coto, Emmerson, Jeffries,
Mendoza, Silva, Spitzer, and Tran)
   (Coauthor: Senator Correa)

                        FEBRUARY 21, 2008

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2339, Solorio. 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. The act exempts from its provisions
certain advertising displays that advertise the business conducted or
services rendered or goods produced or sold on the property upon
which the display is placed, as specified.
   This bill would also exempt from the provisions of the act 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.


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.