Assembly Bill A9663

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9663

                          I N  A S S E M B L Y

                              May 14, 2014
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the transportation law, in relation  to  requiring  sign
  properties,  in  cities having a population of one million or more, to
  be licensed by the department of transportation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The transportation law is amended by adding a new section
23 to read as follows:
  S 23. SIGN PROPERTY LICENSING; CERTAIN CITIES.  1.  AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (B) "MAINTAIN" MEANS THE MAINTENANCE OF A SIGN PROPERTY INCLUDING, BUT
NOT LIMITED TO, THE INSTALLATION, MAINTENANCE AND REMOVAL OF ON-PREMISES
AND OFF-PREMISES ADVERTISING COPY ON A SIGN PROPERTY.
  (C)  "SIGN  PROPERTY" MEANS AND INCLUDES BILLBOARDS, BULLETINS, WALLS-
CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN.
  2. NO OUTDOOR ADVERTISING COMPANY SHALL MAINTAIN A SIGN PROPERTY IN  A
CITY  UNLESS THE DEPARTMENT HAS ISSUED AN OUTDOOR ADVERTISING LICENSE TO
THE COMPANY FOR EACH SUCH PROPERTY MAINTAINED. FURTHERMORE, THE  MAINTE-
NANCE  OF  A SIGN PROPERTY IN A CITY SHALL ONLY BE AUTHORIZED DURING THE
TERM OF THE OUTDOOR ADVERTISING LICENSE ISSUED THEREFOR. NO  CITY  SHALL
IMPOSE  ANY  ADDITIONAL  LICENSING REQUIREMENT FOR SIGN PROPERTIES OTHER
THAN THOSE CONTAINED IN THIS SECTION, AND THE PROVISIONS OF THIS SECTION
SHALL PREEMPT AND SUPERSEDE ANY LOCAL LAW, CODE OR ORDINANCE.
  3. AN OUTDOOR ADVERTISING LICENSE MAY BE ISSUED FOR  A  SIGN  PROPERTY
UPON THE APPLICATION OF THE OUTDOOR ADVERTISING COMPANY SUBMITTED TO THE
DEPARTMENT.  THE  APPLICATION  SHALL  BE  IN  SUCH FORM AND INCLUDE SUCH
INFORMATION AS THE DEPARTMENT SHALL DETERMINE. IN  ADDITION,  EACH  SUCH
APPLICATION SHALL BE SUBMITTED WITH THE APPROPRIATE ANNUAL LICENSING FEE
AS FOLLOWS:
  (A) FOR STATIC SIGN FACES:
  (I)  WITH  A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET:
THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15149-01-4

A. 9663                             2

  (II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR  MORE  SQUARE  FEET,
BUT  LESS  THAN  SIX  HUNDRED SEVENTY-TWO SQUARE FEET: THREE DOLLARS AND
SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA;
  (III)  WITH  A  SURFACE AREA OF SIX HUNDRED SEVENTY-TWO OR MORE SQUARE
FEET, BUT NOT MORE THAN ONE  THOUSAND  ONE  HUNDRED  SQUARE  FEET:  FOUR
DOLLARS PER SQUARE FOOT OF SURFACE AREA;
  (IV)  WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED SQUARE
FEET: FOUR DOLLARS AND TWENTY-FIVE CENTS  PER  SQUARE  FOOT  OF  SURFACE
AREA; OR
  (B)  FOR  DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS PER SQUARE
FOOT OF SURFACE AREA; AND
  (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION
FOR AN OUTDOOR ADVERTISING LICENSE OR RENEWAL THEREOF,  IF  ACCEPTED  BY
THE DEPARTMENT.
  4.  UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT TO
THIS SECTION, THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH  THE  DATE
AND  TIME  THE  APPLICATION  WAS  RECEIVED.  THE DEPARTMENT SHALL MAKE A
DETERMINATION OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN  ONE
HUNDRED  EIGHTY  DAYS  OF  THE  RECEIPT THEREOF. ANY DETERMINATION WHICH
EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL.
  5. IN THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF  AN  OUTDOOR
ADVERTISING  LICENSE,  UPON  THE  FILING OF A STATEMENT OF THE HOLDER OF
SUCH LICENSE, PROOF OF SUCH FACTS AS THE DEPARTMENT MAY  REQUIRE  AND  A
FEE  OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR SUBSTI-
TUTE LICENSE.
  6. ANY OUTDOOR ADVERTISING COMPANY  WHICH  UTILIZES  A  SIGN  PROPERTY
WHICH  WAS  ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT
TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE
ENTITLED TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR  SUCH
SIGN  PROPERTY  AS  A MATTER OF RIGHT AND RENEWALS THEREOF IN ACCORDANCE
WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION
BY THE DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO  A  SIGN
PROPERTY  IN  EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE
OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN-
UE TO MAINTAIN THE SIGN PROPERTY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.