Amended in Assembly June 6, 2013

Amended in Senate April 1, 2013

Senate Bill No. 31

Introduced by Senator Padilla

(Principal coauthor: Senator Steinberg)

(Coauthors: Senators begin insert Correa, end insert Gaines, begin insert Huff, end insert Lara, Price, begin insert Walters, end insert and Wyland)

(Coauthors: Assembly Members Bocanegra, Bradford, Ian Calderon, Garcia, Gomez, begin insert Hall, end insert Holden, Jones-Sawyer, Rendon, Wagner, and Wilk)

December 3, 2012

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

LEGISLATIVE COUNSEL’S DIGEST

SB 31, as amended, Padilla. Outdoor 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 begin delete located on public land end delete 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 begin delete provide that, end delete begin insert require that certain conditions apply end insert if begin delete an end delete begin insert the end insert advertising display authorized by the bill is a message center begin delete display, certain conditions would apply. end delete begin insert display. The bill would require that if an advertising display is subject to a notice from the United States Secretary of Transportation that the operation of that display will result in the reduction of federal funds, as provided, authorization of the display would cease 60 days after the owner of the display receives the notice. The bill would prohibit, among other things, the Department of Transportation from assuming any liability in connection with cessation of operation or removal of an advertising display. In addition, the bill would require an advertising display lawfully erected on or before December 31, 2013, in conformity with the law relating to the exemption for advertising displays on arenas, as it existed on that date, to remain authorized, subject to the terms of that law. end insert

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.  

(a) With the exception of Article 4 (commencing with
Section 5300) and Sections 5400 begin delete and end delete begin insert to end insert 5404, begin delete nothing contained
in this chapter applies end delete begin insert inclusive, this chapter does not apply end insert to any
advertising display begin delete that is end delete used exclusively for any of the following
purposes:

(1) To advertise the sale, lease, or exchange of real property
upon which the advertising display is placed.

(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).

(3) To designate the name of the owner or occupant of the
premises or to identify the premises.

(4) To advertise begin delete the end delete business begin delete conducted or end delete begin insert conducted, end insert services
begin delete rendered end delete begin insert rendered, end insert or begin delete the end delete goods produced or sold upon the property
begin delete upon end delete begin insert on end insert which the advertising display is placed if the display is
begin delete upon end delete begin insert on end insert 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 begin delete the end delete business is begin delete conducted or end delete begin insert conducted, end insert services are
begin delete rendered end delete begin insert rendered, end insert or goods are produced or sold.

(b) With the exception of Article 4 (commencing with Section
5300) and Sections 5400 begin delete and end delete begin insert to end insert 5404, begin delete nothing contained in end delete
begin insert inclusive, end insert this chapter begin delete applies end delete begin insert does not apply end insert to any advertising
display begin delete that is end delete 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:

begin delete

(1) The arena is located on public land.

end delete begin delete

(2)

end delete

begin insert (1) end insert  The arena is capable of providing a venue for professional
sports on a permanent basis.

begin delete

(3)

end delete

begin insert (2) end insert  The arena has a capacity of 15,000 or more seats.

begin delete

(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.

end delete begin delete

(5)

end delete

begin insert (3) end insert  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 begin insert lawful only
if end insert 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 begin delete either end delete identifying the specific displays or begin delete by end delete
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
begin delete Secretary of Transportation end delete begin insert department end insert 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 begin delete secretary end delete begin insert department end insert
shall begin delete review and certify, in consultation with the Department of
Transportation, end delete begin insert certify end insert that the proposed begin delete displays and end delete ordinance
begin delete meet end delete begin insert meets end insert the minimum requirements contained in begin delete this section end delete
begin insert paragraph (1) end insert .

(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)  begin delete Nothing in this chapter limits end delete begin insert This chapter does not limit end insert a
local government from adopting ordinances begin insert prohibiting or end insert 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
begin delete Department of Transportation end delete begin insert department end insert or the Department of
the California Highway Patrol for public service messages,
including begin delete so-called “Amber Alert” end delete begin insert Emergency Alert System end insert begin insert (Amber
Alert) end insert 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 begin delete Department of Transportation end delete
begin insert department end insert and the Department of the California Highway Patrol.

(3) Providing funding to the begin delete Department of Transportation end delete
begin insert department end insert 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.

begin insert

(g) If an advertising display authorized under subdivision (b)
is subject to a notice from the United States Secretary of
Transportation 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 60 days after the owner of the
display receives notice. The California Department of
Transportation shall not assume any liability in connection with
cessation of operation or removal of an advertising display
pursuant to this subdivision and shall be held harmless and
indemnified from all legal actions involving the displays by the
city, county, or city and county that adopted the ordinance allowing
those displays.

end insert begin insert

(h) Except as provided in this section, the department shall not
otherwise be responsible for any regulation of the displays allowed
under this section.

end insert begin insert

(i) 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.

end insert