BILL NUMBER: AB 1581	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Wieckowski
   (Principal coauthor: Senator Wolk)

                        FEBRUARY 2, 2012

   An act to add Section 17537.15 to the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1581, as amended, Wieckowski. Advertising: business location
representations: floral businesses.
   Existing law provides for the regulation of advertising in this
state and makes certain advertising practices unlawful. A violation
of the provisions regulating advertising is a crime. 
   This bill would make it unlawful for a floral business, as
defined, to misrepresent the geographic location of its business by
(1) listing a local telephone number in any advertisement, as
defined, unless the advertisement identifies the true physical
address, including the city, of the floral business; or
(2)representing the geographic location of the floral business as
"local," "locally owned," or as being physically located, as defined,
in this state if it is not physically located in this state, in
specified manners that would cause a reasonable consumer to believe
that the floral business is physically located in this state, or if a
telephone call to the telephone number listed in the advertisement
routinely forwards or transfers the caller to, or terminates in, a
physical location outside of this state. This bill would also state
that its provisions shall not be construed to create or impose any
obligation or duty upon a person other than a floral business and
would specify circumstances under which provisions of the bill would
not apply.  
   This bill would make it unlawful for a provider or vendor of
floral or ornamental products or services, as defined, to
misrepresent the geographic location of its business by either (1)
listing a local telephone number in any listing or advertisement,
unless the advertisement or listing identifies the true physical
address, including the city, of the provider's or vendor's business;
or (2) listing a fictitious business name or an assumed business name
in any listing or advertisement, if the name misrepresents the
location of the business and the listing or advertisement does not
identify the true physical address of the business. This bill would
also state that it does not create or impose any obligation or duty
upon a person other than a vendor or provider as described above.

   By creating new advertising prohibitions, the violation of which
would be a crime, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 17537.15 is added to the 
 Business and Professions Code   , to read:  
   17537.15.  (a) For purposes of this section, "floral or ornamental
products or services" means floral arrangements, cut flowers, floral
bouquets, potted plants, balloons, floral designs, and related
products and services.
   (b) For the purposes of this section, "local telephone number"
means a specific telephone number (area code and prefix) assigned for
the purpose of completing local calls between a calling party or
station and any other party or station within a designated exchange
or all of its designated local calling areas. The term "local
telephone number" does not include long distance telephone numbers or
any toll-free telephone numbers listed in a local telephone
directory.
   (c) It is unlawful for a provider or vendor of floral or
ornamental products or services to misrepresent the geographic
location of its business by doing either of the following:
   (1) Listing a local telephone number in any advertisement or
listing, unless the advertisement or listing identifies the true
physical address, including the city, of the provider's or vendor's
business.
   (2) Listing a fictitious business name or an assumed business name
in any advertisement or listing if both of the following criteria
are met:
   (A) The name of the business misrepresents the provider's or
vendor's geographic location.
   (B) The advertisement or listing does not identify the true
physical address, including the city and state, of the provider's or
vendor's business.
   (d) This section does not create or impose any duty or obligation
on a person other than a vendor or provider described in subdivision
(a).
   (e) This section does not apply to any of the following:
   (1) A publisher of a telephone directory or other publication or a
provider of a directory assistance service publishing or providing
information about another business.
   (2) An Internet Web site that aggregates and provides information
about other businesses.
   (3) An owner or publisher of a print advertising medium providing
information about other businesses.
   (4) An Internet service provider.
   (5) An Internet service that displays or distributes
advertisements for other businesses.  
  SECTION 1.    Section 17537.15 is added to the
Business and Professions Code, to read:
   17537.15.  (a) For purposes of this section, the following terms
shall have the following meanings:
   (1) "Advertising medium" means any of the following:
   (A) Telephone directory or other directory assistance database.
   (B) Television.
   (C) Radio.
   (D) Newspaper, magazine, flyer, brochure, or other print medium.
   (E) Billboard, sign, or poster.
   (F) Facsimile.
   (G) Electronic mail or other electronic form of communication.
   (H) The Internet and services available by means of the Internet.
   (2) "Advertisement" means any oral, written, or graphic statement
or representation made while engaging in floral business regardless
of the medium of communication for the purpose of inducing, directly
or indirectly, the purchase of floral arrangements, plant
arrangements, and related merchandise and services by a resident of
this state or for delivery to a resident of this state.
   (3) "Floral business" means a business that engages directly or
indirectly in the retail sale of floral arrangements, plant
arrangements, and related merchandise and services that are purchased
by a resident of this state or for delivery to a resident of this
state, including, but not limited to, the sale, offer for sale,
marketing, distribution, order gathering, and advertisement of floral
arrangements, plant arrangements, and related merchandise and
services.
   (4) "Local telephone number" means a specific telephone number
(area code and prefix) assigned for the purpose of completing local
calls between a calling party or station and any other party or
station within a designated exchange or all of its designated local
calling areas. The term "local telephone number" does not include
long distance telephone numbers or 800, 888, or 900 exchange
telephone numbers listed in a local telephone directory.
   (5) "Physically located" means having a place of business that is
a physical geographic presence in this state at a location designated
by a post office mailing address in this state.
   (b) It is unlawful for a floral business to misrepresent the
geographic location of its business by doing any of the following in
an advertising medium:
   (1) Listing a local telephone number in any advertisement, unless
the advertisement identifies the true physical address, including the
city, of the floral business.
   (2) Representing the geographic location of the floral business as
"local," "locally owned," or as being physically located in this
state if the floral business is not physically located in this state
and any of the following applies:
   (A) The name of the floral business specified in the advertisement
is a fictitious business name or an assumed business name that would
lead a reasonable consumer to conclude that the floral business is
physically located in this state.
   (B) The advertisement uses the name of or any form of contact
information for another floral business that is physically located in
this state in a manner that would cause a reasonable consumer to
believe that the floral business is physically located in this state.

   (C) A telephone call to the telephone number listed in the
advertisement for purposes of contacting the floral business
routinely forwards or transfers the caller to, or terminates in, a
physical location that is outside of this state.
   (D) The advertisement would otherwise lead a reasonable consumer
to conclude that the floral business is physically located in this
state.
   (c) (1) This section shall not be construed to create or impose
any duty or obligation on a person other than a floral business as
defined in paragraph (3) of subdivision (a).
   (2) Subdivision (b) does not apply to a person as to whom any of
the following applies:
   (A) Has an ownership interest in another floral business that is
physically located in this state.
   (B) Is a service mark licensee of a service mark of another floral
business that is physically located in this state, regardless of
whether the service mark is registered under state law or federal
law.
   (C) Is a franchisor of a floral business that is physically
located in this state.
   (D) Is engaged in floral business at a geographical location
outside of this state and that discloses in a clear and conspicuous
manner that would cause a reasonable consumer to easily become aware
of the disclosure that the person is engaged in floral business at a
geographical location outside of this state.
   (3) This section does not apply to any of the following:
   (A) A publisher of a telephone directory or other publication or a
provider of a directory assistance service publishing or providing
information about another business.
   (B) An Internet Web site that aggregates and provides information
about other businesses.
   (C) An owner or publisher of a print advertising medium providing
information about other businesses.
   (D) An Internet service provider.
   (E) An Internet service that displays or distributes
advertisements for other businesses. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.