BILL NUMBER: SB 31	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 6, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Padilla
   (Principal coauthor: Senator Steinberg)
   (Coauthors: Senators  Correa,  Gaines,  Huff, 
Lara, Price,  Walters,  and Wyland)
   (Coauthors: Assembly Members Bocanegra, Bradford, Ian Calderon,
Garcia, Gomez,  Hall,  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  located on public land  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  provide that,   require that certain
conditions apply  if  an   the 
advertising display authorized by the bill is a message center
 display, certain conditions would apply.  
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. 
   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  and   to 
5404,  nothing contained in this chapter applies 
 inclusive, this chapter does not apply  to any advertising
display  that is  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  the  business 
conducted or   conducted,  services 
rendered   rendered,  or  the 
goods produced or sold upon the property  upon  
on  which the advertising display is placed if the display is
 upon   on  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   conducted, 
services are rendered   rendered,  or goods
are produced or sold.
   (b) With the exception of Article 4 (commencing with Section 5300)
and Sections 5400  and   to  5404,
 nothing contained in   inclusive,  this
chapter  applies   does not apply  to any
advertising display  that is  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: 
   (1) The arena is located on public land.  
   (2) 
    (1)  The arena is capable of providing a venue for
professional sports on a permanent basis. 
   (3) 
    (2)  The arena has a capacity of 15,000 or more seats.

   (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.  
   (5) 
    (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, 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  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 or county, that regulates advertising displays on
the premises of the arena by  either  identifying
the specific displays or  by  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
 Secretary of Transportation   department 
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
 secretary   department  shall 
review and certify, in consultation with the Department of
Transportation,   certify  that the proposed
 displays and  ordinance  meet 
 meets  the minimum requirements contained in  this
section   paragraph (1)  .
   (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)  Nothing in this chapter limits   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 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 
Department of Transportation   department  or the
Department of the California Highway Patrol for public service
messages, including  so-called "Amber Alert"  
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) 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 of Transportation
  department  and the Department of the California
Highway Patrol.
   (3) Providing funding to the  Department of Transportation
  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 or county. 
   (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.  

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