Requires all outdoor advertising in N.Y. city to be licensed by the department of transportation

Section 1 defines the terms "city", "maintain" and "sign property" as used in this bill.

Section 2 states that no outdoor advertising company shall maintain a sign property in a city unless the department has issued an outdoor advertising permit to the company for each such property maintained. Furthermore, the maintenance of a sign property in a city shall only be authorized during the term of the outdoor advertising permit issued. City resolutions, local laws, and ordinances, including zoning laws and regulations, relative to the location, siting, or use of a sign property are preempted, and a sign property may be installed and/or maintained upon receipt of a permit issued by the department. Notwithstanding the terms of this provision, nothing in this section shall be interpreted to prevent enforcement by the New York city department of buildings of its licensing requirements and any other rules and regulations pertaining to work required for the installation, maintenance, or removal of sign structures and equipment.

Section 3 states that an outdoor advertising license may be issued for a sign property upon the application of the outdoor advertising company submitted to the Department. Such application must be in a form and include information as determined by the Department. In addition, advertising companies shall submit an appropriate annual licensing fee as follows:

(i) $3.50 per square foot for a surface area of less than 220 square feet;

(ii) $3.75 per square foot for a surface area of 220 to 671 square feet;

(iii) $4.00 per square foot for a surface area of 672 to 1,100 square feet;

(iv) $4.25 per square foot for a surface area of more than 1,100 square feet;

Or for digital sign faces, $8.50 per square foot of surface area.

An additional fee of $100 for each late application may be charged by the Department for an outdoor advertising license or renewal thereof.

Section 4 provides that, upon receipt of an application and appropriate registration fee, DOT shall mark the application with the date and time the application was received. Determinations to approve or deny application must be made with 180 days or else the application shall be automatically approved. Section 5 establishes a $50 fee payable to DOT in the event that an outdoor advertising license has to be replaced.

Section 6 provides that any advertising company that currently utilizes a sign property pursuant to any permits issued by the City Department of Buildings shall be entitled to the issuance of a license through DOT. During the time that DOT reviews an application for a license relating to sign property that is already in existence, the advertising company maintaining such sign shall continue to maintain the property.

Justification

The program would be administered by the State Department of Transportation, which already regulates outdoor advertising through it s existing sign program for the rest of the State. The fee structure proposed in this bill was recommended by the advertising industry and is expected to generate approximately $315 million in state revenues.

Prior legislative history

2015: S.1141 - referred to Transportation / A.4356 (DenDekker) - referred to Transportation 2014: S.7612 - referred to Transportation / A.9663 (DenDekker) - referred to Transportation

Fiscal implications

The bill is estimated to generate at least $15 million in state revenues.

Effective date

This act shall take effect on the thirtieth day after it shall have become law.