BILL NUMBER: SB 31	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2013
	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,  Levine,  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,   ordinance  at  the
premises of an arena, defined as  a venue 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 
 highways used to access  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 
 premises of an arena  . The bill would require that certain
conditions apply if the advertising display authorized by the bill
is a message center display. The bill would require that if an
advertising display is subject to a notice from the United States
 Secretary   Department  of Transportation
 ,   Federal Highway Administration, or other applicable
federal agency to the state  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 state notifies the
display owner of the receipt of the  federal  notice
 , and would require the display owner to remove all advertising
copy within tha   t time  .  The bill would provide
for the imposition of a civil fine of $10,000 per day by the 
 department on the owner for failure to remove advertising copy.
The bill would require the local agency to have primary
responsibility for enforcing its ordinance and these provisions, and
to indemnify the state Department of Transportation for all costs
incurred for failing to ensure that compliance, as specified. 
The bill would prohibit, among other things, the  state 
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 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
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, services
rendered, or goods produced or sold upon the property on which the
advertising display is placed if the display is 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, services are rendered, or goods are 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
 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 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, 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,  or city and county,  bears the name or logo of the
arena, and is visible when approaching offramps from the interstate,
primary, or state  highway nearest to   highways
used to access  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,  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) 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
department a copy of the ordinance adopted by the city  or
  ,  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 
distilled spirits,  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
 or   ,  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) 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
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) 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) 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  or   ,
 county  , or city and county  .
   (g) If an advertising display authorized under subdivision (b) is
subject to a notice from the United States  Secretary
  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 owner of the display receives notice. 
 after the state notifies the display owner of the receipt of the
federal notic   e. Failure to remove the advertising copy
pursuant to this subdivision shall result in a civil fine, imposed by
the California Department of Transportation, of ten thousand dollars
($10,000) per day until the advertising copy is removed.  The
 California Department of Transportation  
department  shall not assume any liability in connection with
cessation of operation or removal of an advertising display  or
advertising copy  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.  
subdivision.  
   (h) Except as provided in this section, the department shall not
otherwise be responsible for any regulation of the displays allowed
under this section. 
    (h)    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) 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.