BILL NUMBER: AB 2339	AMENDED
	BILL TEXT

	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)

                        FEBRUARY 21, 2008

   An act to add Section 5272.1 to the Business and Professions Code,
relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2339, as amended, 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, placed and in existence before January 1,
2009, at publicly owned properties with a capacity of 5,000 seats or
greater that provide a venue for professional sports  or
entertainment activities  , that advertise the business
conducted or services rendered or the brands or goods marketed,
produced, or sold for a minimum of one year at the property upon
which the advertising display is placed, if the owner or occupant of
the premises advertises pursuant to an agreement for an integrated
marketing plan, as defined, that meets specified requirements.
   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 5272.1 is added to the Business and Professions
Code, to read:
   5272.1.  (a) None of the provisions of this chapter apply to an
advertising display, that was placed and is in existence before
January 1, 2009, that advertises the business conducted or services
rendered or the brands or goods marketed, produced, or sold for a
minimum of one year at the property upon which the advertising
display is placed, if the owner or occupant of the premises
advertises pursuant to an agreement for an integrated marketing plan
between the property owner or occupant and sponsor.
   (b) Any agreement for an integrated marketing plan shall specify
the terms and conditions on which the business conducted or services
rendered or the brands or goods marketed, produced, or sold for a
minimum of one year at the property may include activities beyond a
singular presence on the advertising display and, therefore, are not
merely incidental to the principal activity conducted on the
property.
   (c) For the purposes of this section, the following definitions
apply:
   (1) "Integrated marketing plan" means a plan that demonstrates
that the sponsor is allowed to include its logo, slogan, or
advertising on a variety of items in, and associated with, the
premises, and its programs, such as signage inside the premises, in
program materials at premise events, on the premise's Internet
portal, or anything else in its effort to conduct advertising, sales
promotions, public relations, and marketing activities at the
premises, in addition to placement on the property's advertising
display.
   (2) "Sponsor" means the provider of services rendered or the brand
or goods marketed, produced, or sold at the property where an
advertising display is authorized under this section.
   (d) This section shall only apply to publicly owned properties
with a capacity of 5,000 seats or greater that provide a venue for
professional sports  or entertainment activities  on
a permanent basis.
   (e) An advertising display authorized pursuant to this section
shall not advertise products or services directed at an adult
population, including, but not limited to, alcohol, tobacco,
gambling, or sexually explicit material.