Business and Professions Code — Part 37 | BPC — United States — California law | Esheria

Business and Professions Code

Part 37 of 52 · provisions 7,201–7,400

This section says the act is called the Business and Professions Code.

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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 5079.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    Firms in public accountancy may have nonlicensed owners if the section’s ownership, participation, disclosure, and reporting conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5079. (a) Notwithstanding any other provision of this chapter, any firm lawfully engaged in the practice of public accountancy in this state may have owners who are not licensed as certified public accountants or public accountants if the following conditions are met: (1) Nonlicensee owners shall be natural persons or entities, such as partnerships, professional corporations, or others, provided that each ultimate beneficial owner of an equity interest in that entity shall be a natural person materially participating in the business conducted by the firm or an entity controlled by the firm. (2) Nonlicensee owners shall materially participate in the business of the firm, or an entity controlled by the firm, and their ownership interest shall revert to the firm upon the cessation of any material participation. (3) Licensees shall in the aggregate, directly or beneficially, comprise a majority of owners, except that firms with two owners may have one owner who is a nonlicensee. (4) Licensees shall in the aggregate, directly or beneficially, hold more than half of the equity capital and possess majority voting rights. (5) Nonlicensee owners shall not hold themselves out as certified public accountants or public accountants and each licensed firm shall disclose actual or potential involvement of nonlicensee owners in the services provided. (6) There shall be a certified public accountant or public accountant who has ultimate responsibility for each financial statement attest and compilation service engagement. (7) Except as permitted by the board in the exercise of its discretion, a person may not become a nonlicensee owner or remain a nonlicensee owner if the person has done either of the following: (A) Been convicted of any crime, an element of which is dishonesty or fraud, under the laws of any state, of the United States, or of any other jurisdiction. (B) Had a professional license or the right to practice revoked or suspended for reasons other than nonpayment of dues or fees, or has voluntarily surrendered a license or right to practice with disciplinary charges or a disciplinary investigation pending, and not reinstated by a licensing or regulatory agency of any state, or of the United States, including, but not limited to, the Securities and Exchange Commission or Public Company Accounting Oversight Board, or of any other jurisdiction. (b) (1) A nonlicensee owner of a licensed firm shall report to the board in writing of the occurrence of any of the events set forth in paragraph (7) of subdivision (a) within 30 days of the date the nonlicensee owner has knowledge of the event. A conviction includes the initial plea, verdict, or finding of guilt, pleas of no contest, or pronouncement of sentence by a trial court even though that conviction may not be final or sentence actually imposed until appeals are exhausted. (2) A California nonlicensee owner of a licensed firm shall report to the board in writing the occurrence of any of the following events occurring on or after January 1, 2006, within 30 days of the date the California nonlicensee owner has knowledge of the events: (A) Any notice of the opening or initiation of a formal investigation of the nonlicensee owner by the Securities and Exchange Commission or its designee, or any notice from the Securities and Exchange Commission to a nonlicensee owner requesting a Wells submission. (B) Any notice of the opening or initiation of an investigation of the nonlicensee owner by the Public Company Accounting Oversight Board or its designee. (C) Any notice of the opening or initiation of an investigation of the nonlicensee owner by another professional licensing agency. (3) The report required by paragraphs (1) and (2) shall be signed by the nonlicensee owner and set forth the facts that constitute the reportable event. If the reportable event involves the action of an administrative agency or court, the report shall identify the name of the agency or court, the title of the matter, and the date of occurrence of the event. (4) Notwithstanding any other provision of law, reports received by the board pursuant to paragraph (2) shall not be disclosed to the public pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) other than (A) in the course of any disciplinary proceeding by the board after the filing of a formal accusation, (B) in the course of any legal action to which the board is a party, (C) in response to an official inquiry from a state or federal agency, (D) in response to a subpoena or summons enforceable by order of a court, or (E) when otherwise specifically required by law. (5) Nothing in this subdivision shall impose a duty upon any licensee or nonlicensee owner to report to the board the occurrence of any events set forth in paragraph (7) of subdivision (a) or paragraph (2) of this subdivision either by or against any other nonlicensee owner. (c) For purposes of this section, the following definitions apply: (1) “Licensee” means a certified public accountant or public accountant in this state or a certified public accountant in good standing in another state. (2) “Material participation” means an activity that is regular, continuous, and substantial. (d) All firms with nonlicensee owners shall certify at the time of registration and renewal that the firm is in compliance with this section. (e) The board shall adopt regulations to implement, interpret, or make specific this section. (Amended by Stats. 2021, Ch. 615, Sec. 11. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  2. 5080.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board must grant a certified public accountant license to an applicant who meets this article’s requirements, has not committed disqualifying acts or crimes under Section 480, and files the required application form.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5080. The “certified public accountant” license shall be granted by the board to any person who meets the requirements of this article, has not committed acts or crimes constituting grounds for denial of a license under Section 480, and files an application for licensure on a form provided by the board. (Amended by Stats. 1994, Ch. 1278, Sec. 2. Effective January 1, 1995.)
  3. 5080.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may require a CPA license applicant to appear in person.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5080.1. The board may require an applicant for a certified public accountant license to appear in person to determine if the applicant’s qualifications are as prescribed in this chapter and in rules adopted by the board. (Added by renumbering Section 5081.3 by Stats. 1994, Ch. 1278, Sec. 5. Effective January 1, 1995.)
  4. 5081.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    An applicant for CPA exam admission must avoid disqualifying acts or crimes, file the board’s application, and meet one educational requirement in the article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5081. An applicant for an authorization to be admitted to the examination for a certified public accountant license shall: (a) Not have committed acts or crimes constituting grounds for denial of a license under Section 480. (b) File the application prescribed by the board. This application shall not be considered filed unless all required supporting documents, fees, and the fully completed board-approved application form are received in the board office or submitted via a board-provided electronic application or filed by mail. (c) Meet one of the educational requirements specified in this article. (Amended by Stats. 2025, Ch. 293, Sec. 2. (AB 1175) Effective January 1, 2026.)
  5. 5082.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    A CPA license applicant must pass an examination approved by the board, and the board may set exam application, administration, grading, and passing-grade methods by regulation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5082. An applicant for a certified public accountant license shall have successfully passed an examination in subjects the board deems appropriate, and in the form and manner that the board deems appropriate. The board may, by regulation, prescribe the methods for applying for and conducting the examination, including methods for grading and determining a passing grade. (Amended by Stats. 2003, Ch. 807, Sec. 6. Effective January 1, 2004.)
  6. 5082.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may conduct the CPA examination itself or through a specified public or private organization.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5082.1. (a) The examination required by the board for the granting of a license as a certified public accountant may be conducted by the board or by a public or private organization specified by the board. The examination may be conducted under a uniform examination system. (b) The board may make arrangements with a public or private organization for the conduct of the examination, as deemed necessary by the board. The board may contract with a public or private organization for materials or services related to the examination. (Repealed and added by Stats. 2003, Ch. 807, Sec. 8. Effective January 1, 2004.)
  7. 5082.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    If a candidate fails an examination in this article, the candidate has a right to reexamination under this article and board regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5082.2. A candidate who fails an examination provided for in this article shall have the right to reexamination pursuant to the provisions of this article and regulations adopted by the board. (Amended by Stats. 2004, Ch. 909, Sec. 19. Effective September 30, 2004.)
  8. 5082.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may deem a CPA license applicant to have met the examination requirements if the applicant meets all listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5082.3. An applicant for a license as a certified public accountant may be deemed by the board to have met the examination requirements of Section 5082 if the applicant satisfies all of the following requirements: (a) The applicant is licensed or has comparable authority under the laws of any country to engage in the practice of public accountancy. (b) The International Qualifications Appraisal Board jointly established by the National Association of State Boards of Accountancy and the American Institute of Certified Public Accountants has determined that the standards under which the applicant was licensed or under which the applicant secured comparable authority meet its standards for admission to the International Uniform Certified Public Accountant Qualification Examination. (c) The applicant has successfully passed the International Uniform Certified Public Accountant Qualification Examination referenced in subdivision (b). (Amended by Stats. 2025, Ch. 293, Sec. 3. (AB 1175) Effective January 1, 2026.)
  9. 5082.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may deem a Canadian Chartered Accountant in good standing to have met Section 5082’s examination requirements if the person has passed one of the listed qualification examinations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5082.4. A Canadian Chartered Accountant in good standing may be deemed by the board to have met the examination requirements of Section 5082 if they have successfully passed the Canadian Chartered Accountant Uniform Certified Public Accountant Qualification Examination of the American Institute of Certified Public Accountants or the International Uniform Certified Public Accountant Qualification Examination referenced in subdivision (b) Section 5082.3. (Amended by Stats. 2025, Ch. 293, Sec. 4. (AB 1175) Effective January 1, 2026.)
  10. 5082.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may give a candidate credit for passing all or part of an exam in another state if the board finds that the other state’s standards are at least as high as this chapter’s standards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5082.5. The board may give credit to a candidate who has passed all or part of the examination in another state if the members of the board determine that the standards under which the examination was held are as high as the standards established for the examination in this chapter. (Amended by Stats. 2025, Ch. 293, Sec. 5. (AB 1175) Effective January 1, 2026.)
  11. 5087.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may issue a certified public accountant license to qualified out-of-state applicants, and may waive some exam-passage requirements in particular cases. An applicant must meet Section 5095 requirements to sign reports on attest engagements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5087. (a) The board may issue a certified public accountant license to any applicant who is a holder of a current, active, and unrestricted certified public accountant license issued under the laws of any state with comparable licensure requirements and who has not committed acts or crimes constituting grounds for denial under Section 480. To be authorized to sign reports on attest engagements, the applicant shall meet the requirements of Section 5095. (b) The board may in particular cases waive any of the requirements regarding the circumstances in which the various parts of the examination were to be passed for an applicant from another state. (Amended by Stats. 2025, Ch. 293, Sec. 7. (AB 1175) Effective January 1, 2026.)
  12. 5088.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    A qualified out-of-state CPA applicant may practice public accountancy in this state on a practice privilege while the application is pending, and the board may regulate fee exemptions, credits, or proration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5088. Any individual who is the holder of a current, active, and unrestricted license as a certified public accountant issued under the laws of any state and who applies to the board for a license as a certified public accountant under the provisions of Section 5087 may, until the time the application for a license is granted or denied, practice public accountancy in this state only under a practice privilege pursuant to the provisions of Article 5.1 (commencing with Section 5096), except that, for purposes of this section, the individual is not disqualified from a practice privilege during the period the application is pending by virtue of maintaining an office or principal place of business, or both, in this state. The board may by regulation provide for exemption, credit, or proration of fees to avoid duplication of fees. (Amended by Stats. 2025, Ch. 293, Sec. 8. (AB 1175) Effective January 1, 2026.)
  13. 5090.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    An applicant for a certified public accountant license must comply with the education, examination, and experience requirements in this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5090. An applicant for the certified public accountant license shall comply with the education, examination, and experience requirements in this article. (Amended by Stats. 2025, Ch. 293, Sec. 9. (AB 1175) Effective January 1, 2026.)
  14. 5093.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

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    Applicants for a California certified public accountant license must meet the section’s education, exam, and experience requirements, and the board may adopt implementing regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5093. (a) To qualify for the certified public accountant license, an applicant who is applying under this section shall meet the education, examination, and experience requirements specified in subdivisions (b), (c), and (d), or otherwise prescribed pursuant to this article. The board may adopt regulations as necessary to implement this section. (b) (1) An applicant for admission to the certified public accountant examination under this section shall present satisfactory evidence that the applicant has completed a baccalaureate or higher degree conferred by a degree-granting university, college, or other institution of learning accredited by an accrediting agency included in a list of these agencies published by the United States Secretary of Education under the requirements of the federal Higher Education Act of 1965 as amended (20 U.S.C. Sec. 1001 et seq.), or meeting, at a minimum, the standards described in Section 5094. The total educational program shall include a minimum of 24 semester units in accounting subjects and 24 semester units in business-related subjects. This evidence shall be provided at the time of application for admission to the examination, except that an applicant who applied, qualified, and sat for at least two subjects of the examination for the certified public accountant license before May 15, 2002, may provide this evidence at the time of application for licensure. (A) An applicant enrolled in a program at an institution as described in this paragraph that grants conferral of a baccalaureate degree upon completion of the 150 semester units required by paragraph (2) of this subdivision may satisfy the requirements of this paragraph if the applicant’s institution sends electronically or delivers the applicant’s official transcript or its equivalent together or separately with a letter signed by the institution’s registrar, or its equivalent, directly to the board pursuant to subdivision (c) of Section 5094. The letter shall include all of the following: (i) A statement that the applicant is enrolled and in good standing in a program that will result in the conferral of a baccalaureate degree upon completion of either a master’s degree or the 150 semester units required by paragraph (2) of this subdivision. (ii) A statement that the applicant has completed all requirements, including general education and elective requirements, for a baccalaureate degree and the only reason the college or university has yet to confer the degree is because the applicant is enrolled in a program that confers a baccalaureate degree upon completion of either a master’s degree or the 150 semester units required by paragraph (2) of this subdivision. (iii) The date on which the applicant met all of the college’s or university’s requirements for conferral of a baccalaureate degree. (B) The total educational program for an applicant described in subparagraph (A) shall include a minimum of 24 semester units in accounting subjects and 24 semester units in business-related subjects. This evidence shall be provided at the time of application for admission to the examination, except that an applicant who applied, qualified, and sat for at least two subjects of the examination for the certified public accountant license before May 15, 2002, may provide this evidence at the time of application for licensure. (2) An applicant for issuance of the certified public accountant license under this section shall present satisfactory evidence that the applicant has completed at least 150 semester units of college education, including a baccalaureate or higher degree conferred by a college or university, meeting, at a minimum, the standards described in Section 5094, the total educational program to include a minimum of 24 semester units in accounting subjects, 24 semester units in business-related subjects, and, after December 31, 2013, shall also include a minimum of 10 units of ethics study consistent with the requirements set forth in Section 5094.3 and 20 units of accounting study consistent with the regulations promulgated under subdivision (c) of Section 5094.6. This evidence shall be presented at the time of application for the certified public accountant license. Nothing in this paragraph shall be deemed inconsistent with Section 5094 or 5094.6. Nothing in this paragraph shall be construed to be inconsistent with prevailing academic practice regarding the completion of units. (c) An applicant for the certified public accountant license shall pass an examination prescribed by the board. (d) (1) The applicant shall show, to the satisfaction of the board, that the applicant has had one year of qualifying experience. This experience may include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills. (2) To be qualifying under this section, experience shall have been performed in accordance with applicable professional standards. Experience in public accounting shall be completed under the supervision or in the employ of a person licensed or otherwise having comparable authority under the laws of any state or country to engage in the practice of public accountancy. Experience in private or governmental accounting or auditing shall be completed under the supervision of an individual licensed by a state to engage in the practice of public accountancy. (3) Notwithstanding paragraph (2), the board may, by regulation, allow experience in academia to be qualifying under this section. (e) Applicants completing education at a college or university located outside of this state, meeting, at a minimum, the standards described in Section 5094, shall be deemed to meet the educational requirements of this section if the board determines that the education is substantially equivalent to the standards of education specified under this chapter. (f) An applicant who has successfully passed the examination requirement specified under Section 5082 on or before December 31, 2013, may qualify for the certified public accountant license without satisfying the 10 semester units of study set forth in Section 5094.3 or 20 semester units of accounting study consistent with the regulations promulgated under Section 5094.6, if the applicant completes all other requirements for the issuance of a license on or before December 31, 2015. (g) The education and experience requirements of this section are notwithstanding Sections 5093.2 and 5093.3 and pertain to applicants who submit an application for licensure by December 31, 2028, inclusive of qualifying experience and satisfactory evidence of meeting the education requirements of this section. (h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2025, Ch. 293, Sec. 11. (AB 1175) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)
  15. 5093.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Applicants for the CPA exam must meet specified education requirements and submit proof; the board may recognize certain degrees and must set the required accounting concentration by regulation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5093.2. (a) An applicant for admission to the certified public accountant examination under Section 5082 shall meet the educational requirements by presenting satisfactory evidence that the applicant has completed one of the following: (1) The applicant was conferred a board-recognized baccalaureate or advanced accounting degree. The board may recognize accounting degrees conferred by United States institutions of higher education that require the completion of an accounting concentration of courses pursuant to regulations established pursuant to subparagraph (B) of paragraph (2). (2) (A) The applicant was conferred a baccalaureate or advanced degree not recognized by the board and completed an accounting concentration of courses. (B) The board shall establish by regulation an accounting concentration of courses required to be completed to satisfy the requirements of this section. (3) The applicant is enrolled in a dual degree program at an institution of higher education that confers a baccalaureate degree, as described in paragraph (1) or (2), upon conferral of a master’s degree. Satisfactory evidence shall include, but not be limited to, all of the following: (A) A statement that the applicant is enrolled and in good standing in a dual degree program at an institution of higher education that will result in the conferral of a baccalaureate degree, as described in paragraph (1) or (2), upon conferral of a master’s degree. (B) The date the applicant completed all educational requirements for a baccalaureate degree at their enrolled institution of higher education. (C) Degrees to be conferred. (4) (A) The applicant is enrolled in an institution of higher education and is within 180 days of completing the education requirements set forth in paragraph (1) or (2). (B) Within 240 days of submitting an application to qualify for the examination, the applicant shall provide the board with satisfactory evidence that they have completed the educational requirement set forth in paragraph (1) or (2). Failure to comply with this subparagraph may result in the loss of any credit received for passage of any part of the examination before the requirement described in paragraph (1) or (2) was met. (b) This section shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 293, Sec. 12. (AB 1175) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.)
  16. 5093.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    An applicant for certified public accountant licensure must show qualifying experience and pass the Section 5082 exam, subject to board satisfaction and certain substitution rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5093.3. (a) An applicant seeking certified public accountant licensure shall show, to the satisfaction of the board, completion of two years of qualifying experience and passage of the certified public accountant examination under Section 5082. This experience may include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills. The board may also, by regulation, require the completion of specified job tasks associated with minimum competencies of entry-level practice. (b) To the satisfaction of the board, an advanced degree in an accounting-related subject may be substituted for one year of experience. (c) The board may, by regulation, accept the completion of board-recognized certificate or training programs as a substitute for a portion of the otherwise required amount of experience. (d) An applicant may only receive credit for substitution of the experience requirement under either subdivision (b) or (c), but not both. (e) To be qualifying under this section, experience shall have been performed in accordance with applicable professional standards. Experience in public accounting shall be completed under the supervision or in the employ of a person certified under the laws of any state or country to engage in the practice of public accountancy. Experience outside of public accounting shall be completed under the supervision of an individual licensed by a state to engage in the practice of public accountancy. (f) Notwithstanding subdivisions (a) and (e), the board may, by regulation, allow experience in academia to be qualifying under this section. (g) This section shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 293, Sec. 13. (AB 1175) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.)
  17. 5093.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may let an applicant take the CPA exam before finishing education requirements if the applicant is close to completion and enrolled in a qualifying institution. The applicant must then submit proof within 240 days, or may lose exam credit.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5093.5. (a) Notwithstanding subdivision (b) of Section 5093, the board may admit an applicant to the certified public accountant examination before the applicant completes the education requirements set forth in Section 5093, if the applicant is enrolled in a degree-granting university, college, or other institution of learning, as defined in Section 5094, and is within 180 days of completing the educational requirements set forth in paragraph (1) of subdivision (b) of Section 5093. (b) Within 240 days of submitting an application pursuant to subdivision (a), the applicant shall provide the board with satisfactory evidence that they have completed the educational requirements set forth in paragraph (1) of subdivision (b) of Section 5093. (c) Failure to comply with subdivision (b) may result in the loss of any credit received for passage of any part of the certified public accountant examination before the requirement described in subdivision (b) was met. (d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2025, Ch. 293, Sec. 14. (AB 1175) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)
  18. 5094.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Education qualifies only if it meets the standards in subdivisions (b) or (c), and the board may require documentation and adopt approval rules for credential evaluation services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5094. (a) In order for education to be qualifying, it shall meet the standards described in subdivision (b) or (c) of this section. (b) At a minimum, education shall be from a degree-granting university, college, or other institution of learning accredited by an accrediting agency included in a list of these agencies published by the United States Secretary of Education under the requirements of the Higher Education Act of 1965 as amended (20 U.S.C. Sec. 1001 et seq.). (c) Education from a degree-granting college, university, or other institution of learning located outside the United States may be qualifying provided it is deemed by the board to be equivalent to education obtained under subdivision (b). The board may require an applicant to submit documentation of their education to a credential evaluation service approved by the board for evaluation and to cause the results of this evaluation to be reported to the board in order to assess educational equivalency. (d) The board shall adopt regulations specifying the criteria and procedures for approval of credential evaluation services. These regulations shall, at a minimum, require that the credential evaluation service (1) furnish evaluations directly to the board, (2) furnish evaluations written in English, (3) be a member of the American Association of Collegiate Registrars and Admissions Officers, NAFSA: Association of International Educators, or the National Association of Credential Evaluation Services, (4) be used by accredited colleges and universities, (5) be reevaluated by the board every five years, (6) maintain a complete set of reference materials as specified by the board, (7) base evaluations only upon authentic, original transcripts and degrees and have a written procedure for identifying fraudulent transcripts, (8) include in the evaluation report, for each degree held by the applicant, the equivalent degree offered in the United States, the date the degree was granted, the institution granting the degree, an English translation of the course titles, and the semester unit equivalence for each of the courses, (9) have an appeal procedure for applicants, and (10) furnish the board with information concerning the credential evaluation service that includes biographical information on evaluators and translators, three letters of references from public or private agencies, statistical information on the number of applications processed annually for the past five years, and any additional information the board may require in order to ascertain that the credential evaluation service meets the standards set forth in this subdivision and in any regulations adopted by the board. (e) Colleges, universities, or other institutions of learning that provide qualifying education as described in subdivisions (b) and (c) shall be referenced as “institutions of higher education” in this chapter. (Amended by Stats. 2025, Ch. 293, Sec. 15. (AB 1175) Effective January 1, 2026.)
  19. 5094.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Applicants for CPA licensure must document completion of specified ethics education units, subject to board satisfaction and listed unit limits/exceptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5094.3. (a) An applicant for licensure as a certified public accountant shall, to the satisfaction of the board, provide documentation of the completion of 10 semester units or 15 quarter units of ethics study, as set forth in paragraph (2) of subdivision (b) of Section 5093, in the manner prescribed in this section. (b) Beginning January 1, 2017, an applicant shall complete 10 semester units or 15 quarter units in courses described in subdivisions (c), (d), (e), and (f). (c) A minimum of three semester units or four quarter units in courses at an upper division level or higher devoted to accounting ethics, accountants’ professional responsibilities, auditing, or fraud unless the course was completed at a community college, in which case it need not be completed at the upper division level or higher. (d) A maximum of 7 semester units or 11 quarter units, in the following subjects relating to ethics: (1) Business, government, and society. (2) Business law. (3) Corporate governance. (4) Corporate social responsibility. (5) Ethics. (6) Fraud. (7) Human resources management. (8) Business leadership. (9) Legal environment of business. (10) Management of organizations. (11) Morals. (12) Organizational behavior. (13) Professional responsibilities. (14) Auditing. (e) (1) A maximum of three semester units or four quarter units in courses taken in the following disciplines: (A) Philosophy. (B) Religion. (C) Theology. (2) To qualify under this subdivision, the course title shall contain one or more of the terms “introduction,” “introductory,” “general,” “fundamentals of,” “principles,” “foundation of,” or “survey of,” or have the name of the discipline as the sole name of the course title. (f) A maximum of one semester unit of ethics study for completion of a course specific to financial statement audits. (g) An applicant who has successfully passed the examination requirement specified under Section 5082 on or before December 31, 2013, is exempt from this section unless the applicant fails to obtain the qualifying experience as specified in Section 5092 or 5093 on or before December 31, 2015. (h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2025, Ch. 293, Sec. 16. (AB 1175) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)
  20. 5094.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board must adopt regulations with guidelines for accounting study that counts toward the education required under Section 5093.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5094.6. (a) The board shall, by regulation, adopt guidelines for accounting study to be included as part of the education required under Section 5093. (b) For purposes of this section, “accounting study” means independent study or other academic work in accounting, business, ethics, business law, or other academic work relevant to accounting and business, so as to enhance the competency of students as practitioners. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2025, Ch. 293, Sec. 17. (AB 1175) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)
  21. 5095.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A licensee must complete at least 500 hours of board-satisfactory experience in attest services before being authorized to sign reports on attest engagements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5. Certificates, Information and Records [5080 - 5095] ( Article 5 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5095. (a) To be authorized to sign reports on attest engagements, a licensee shall complete a minimum of 500 hours of experience, satisfactory to the board, in attest services. The board may, by regulation, also require the completion of specified job tasks associated with performing attest services. (b) To qualify under this section, verified attest experience shall have been performed in accordance with applicable professional standards. Experience in public accounting shall be completed under the supervision or in the employ of a person licensed or otherwise having comparable authority under the laws of any state or country to engage in the practice of public accountancy and provide attest services. Experience outside of public accounting shall be completed under the supervision of an individual licensed by a state to engage in the practice of public accountancy and perform attest services. An applicant may be required to present work papers or other evidence substantiating that the applicant has met the requirements of this section and any applicable regulations. (c) The board shall adopt regulations to implement this section, including, but not limited to, a procedure for applicants under Section 5092 or 5093 to qualify under this section. (Amended by Stats. 2025, Ch. 293, Sec. 18. (AB 1175) Effective January 1, 2026.)
  22. 5096.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

    Verify source ↗

    Certain out-of-state public accountants may practice in California under a practice privilege, but they must follow article rules, report specified issues, and stop practicing if disqualifying events occur.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096. (a) An individual whose principal place of business is not in this state and who has a current and active license, certificate, or permit to practice public accountancy from another state may, subject to the conditions and limitations in this article, engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license under this chapter. (b) An individual who qualifies for the practice privilege under this section may engage in the practice of public accountancy in this state, and a notice, fee, or other requirement shall not be imposed on that individual by the board. (c) An individual who qualifies for the practice privilege under this section may perform the following services only through a firm of certified public accountants that has obtained a registration from the board pursuant to Section 5096.12: (1) An audit or review of a financial statement for an entity headquartered in California. (2) A compilation of a financial statement when that person expects, or reasonably might expect, that a third party will use the financial statement and the compilation report does not disclose a lack of independence for an entity headquartered in California. (3) An examination of prospective financial information for an entity headquartered in California. (d) An individual who holds a practice privilege under this article, and is exercising the practice privilege in California: (1) Is subject to the personal and subject matter jurisdiction and disciplinary authority of the board and the courts of this state. (2) Shall comply with the provisions of this chapter, board regulations, and other laws, regulations, and professional standards applicable to the practice of public accountancy by the licensees of this state and to any other laws and regulations applicable to individuals practicing under practice privileges in this state, except the individual is deemed, solely for the purpose of this article, to have met the continuing education requirements of this state when the individual has met the continuing education requirements of the state in which the individual holds the current and active license, certificate, or permit. (3) Shall not provide public accountancy services in this state from any office located in this state, except as an employee of a firm registered in this state. This paragraph does not apply to public accountancy services provided to a client at the client’s place of business or residence. (4) Is deemed to have appointed the regulatory agency of the state in which the principal place of business identified by the individual is located, as the individual’s agent on whom notices, subpoenas, or other process may be served in any action or proceeding by the board against the individual. (5) Shall cooperate with any board investigation or inquiry and shall timely respond to a board investigation, inquiry, request, notice, demand, or subpoena for information or documents and timely provide to the board the identified information and documents. (6) Shall cease exercising the practice privilege in this state if a regulatory agency in a state in which the individual holds a certificate, license, or permit takes disciplinary action resulting in the suspension or revocation, including stayed suspension, stayed revocation, or probation of the individual’s certificate, license, or permit, or takes other disciplinary action against the individual’s certificate, license, or permit that arises from any of the following: (A) Gross negligence, recklessness, or intentional wrongdoing relating to the practice of public accountancy. (B) Fraud or misappropriation of funds. (C) Preparation, publication, or dissemination of false, fraudulent, or materially incomplete or misleading financial statements, reports, or information. (7) Shall cease exercising the practice privilege in this state if convicted in any jurisdiction of any crime involving dishonesty, including, but not limited to, embezzlement, theft, misappropriation of funds or property, or obtaining money, property, or other valuable consideration by fraudulent means or false pretenses. (8) Shall cease exercising the practice privilege if the United States Securities and Exchange Commission or the Public Company Accounting Oversight Board bars the individual from practicing before them. (9) Shall cease exercising the practice privilege if any governmental body or agency suspends the right of the individual to practice before the body or agency. (10) Shall report to the board in writing any pending criminal charges, other than for a minor traffic violation, in any jurisdiction within 30 days of the date the individual has knowledge of those charges. (e) An individual who is required to cease practice pursuant to paragraphs (6) to (9), inclusive, of subdivision (d) shall notify the board within 15 calendar days, on a form prescribed by the board, and shall not practice public accountancy in this state pursuant to this section until the individual has received from the board written permission to do so. (f) An individual who fails to cease practice as required by subdivision (d) or who fails to provide the notice required by subdivision (e) shall be subject to the personal and subject matter jurisdiction and disciplinary authority of the board as if the practice privilege were a license and the individual were a licensee. An individual in violation of subdivision (d) or (e) shall, for a minimum of one year from the date the board learns there has been a violation of subdivision (d) or (e), not practice in this state and shall not have the possibility of reinstatement during that period. If the board determines that the failure to cease practice or provide the notice was intentional, that individual’s practice privilege shall be revoked and there shall be no possibility of reinstatement for a minimum of two years. (g) The board shall require an individual who provides notice to the board pursuant to subdivision (e) to cease the practice of public accountancy in this state until the board provides the individual with written permission to resume the practice of public accountancy in this state. (h) (1) An individual to whom, within the last seven years immediately preceding the date on which the individual wishes to practice in this state, any of the following criteria apply, shall notify the board, on a form prescribed by the board, and shall not practice public accountancy in this state pursuant to this section until the board provides the individual with written permission to do so: (A) The individual has been the subject of any final disciplinary action by the licensing or disciplinary authority of any other jurisdiction with respect to any professional license or has any charges of professional misconduct pending against that individual in any other jurisdiction. (B) The individual has had their license in another jurisdiction reinstated after a suspension or revocation of the license. (C) The individual has been denied issuance or renewal of a professional license or certificate in any other jurisdiction for any reason other than an inadvertent administrative error. (D) The individual has been convicted of a crime or is subject to pending criminal charges in any jurisdiction other than a minor traffic violation. (E) The individual has otherwise acquired a disqualifying condition as described in subdivision (a) of Section 5096.2. (2) An individual who fails to cease practice as required by subdivision (d) or who fails to provide the notice required by paragraph (1) shall be subject to the personal and subject matter jurisdiction and disciplinary authority of the board as if the practice privilege were a license and the individual were a licensee. An individual in violation of subdivision (d) or paragraph (1) shall, for a minimum of one year from the date the board knows there has been a violation of subdivision (d) or paragraph (1), not practice in this state and shall not have the possibility of reinstatement during that period. If the board determines that the failure to cease practice or provide the notice was intentional, that individual shall be prohibited from practicing in this state in the same manner as if a licensee has that licensee’s practice privilege revoked and there shall be no possibility of reinstatement for a minimum of two years. (i) At the time of notification pursuant to subdivision (e) or (h), if the individual has a valid email address, that individual shall provide that email address to the board. (j) The board shall consult the Public Company Accounting Oversight Board and the United States Securities and Exchange Commission at least once every six months to identify out-of-state licensees who may have disqualifying conditions or who may be obliged to cease practice, and shall disclose, pursuant to this subdivision, whether those out-of-state licensees are lawfully permitted to exercise the privilege. Disclosure of this information shall not be considered discipline. (Amended by Stats. 2025, Ch. 293, Sec. 19. (AB 1175) Effective January 1, 2026.)
  23. 5096.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

    Verify source ↗

    A non-California licensee practicing public accountancy in California without qualifying for the practice privilege is treated as practicing unlawfully. The board may revoke a practice privilege for violations or other discipline-worthy conduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.1. (a) Any individual, not a licensee of this state, who is engaged in any act which is the practice of public accountancy in this state, and who does not qualify to practice pursuant to the practice privilege described in Section 5096 and who has a license, certificate, or other authority to engage in the practice of public accountancy in any other state, regardless of whether active, inactive, suspended, or subject to renewal on payment of a fee or completion of an educational or ethics requirement, is: (1) Deemed to be practicing public accountancy unlawfully in this state. (2) Subject to the personal and subject matter jurisdiction and disciplinary authority of the board and the courts of this state to the same extent as a holder of a valid practice privilege. (3) Deemed to have appointed the regulatory agency of the state in which the principal place of business identified by the individual is located, as the individual’s agent on whom notices, subpoenas, or other process may be served in any action or proceeding by the board against the individual. (b) The board may revoke a practice privilege from any individual who has violated this section or implementing regulations or committed any act which would be grounds for discipline against the holder of a practice privilege. (Amended by Stats. 2025, Ch. 293, Sec. 20. (AB 1175) Effective January 1, 2026.)
  24. 5096.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

    Verify source ↗

    Certain out-of-state certified public accounting firms may practice in California through a practice privilege, but they must follow registration and consent requirements, and the board can discipline them for related misconduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.12. (a) A certified public accounting firm that is authorized to practice in another state and that does not have an office in this state may engage in the practice of public accountancy in this state through the holder of a practice privilege provided that: (1) The practice of public accountancy by the firm is limited to authorized practice by the holder of the practice privilege. (2) A firm that engages in practice under this section is deemed to consent to the personal, subject matter, and disciplinary jurisdiction of the board with respect to any practice under this section. (b) The board may revoke, suspend, issue a fine pursuant to Article 6.5 (commencing with Section 5116), issue a citation and fine pursuant to Section 125.9, or otherwise restrict or discipline the firm for any act that would be grounds for discipline against a holder of a practice privilege through which the firm practices. (c) A firm that provides the services described in subdivision (c) of Section 5096 shall obtain a registration from the board. At the time of registration, if the firm has a valid email address, it shall provide that email address to the board. (Amended by Stats. 2025, Ch. 293, Sec. 22. (AB 1175) Effective January 1, 2026.)
  25. 5096.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

    Verify source ↗

    The board may revoke practice privileges for listed reasons, and an individual whose privilege is revoked generally must wait at least one year before applying for reinstatement unless a longer period is stated.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.2. (a) (1) Practice privileges may be revoked for any of the following reasons: (A) If an individual no longer qualifies under, or complies with, the provisions of this article, including, but not limited to, Section 5096, or implementing regulations. (B) If an individual commits any act that if committed by an applicant for licensure would be grounds for denial of a license under Section 480. (C) If an individual commits any act that if committed by a licensee would be grounds for discipline under Section 5100. (D) If an individual commits any act outside of this state that would be a violation if committed within this state. (E) If an individual acquires at any time, while exercising the practice privilege, any disqualifying condition under paragraph (2). (2) Disqualifying conditions include: (A) Conviction of any crime other than a minor traffic violation. (B) Revocation, suspension, denial, surrender, or other discipline or sanctions involving any license, permit, registration, certificate, or other authority to practice any profession in this or any other state or foreign country or to practice before any state, federal, or local court or agency, or the Public Company Accounting Oversight Board. (C) Any judgment or arbitration award against the individual involving the professional conduct of the individual in the amount of thirty thousand dollars ($30,000) or greater. (D) Any other conditions as specified by the board in regulation. (3) The board may adopt regulations exempting specified minor occurrences of the conditions listed in subparagraph (B) of paragraph (2) from being disqualifying conditions under this subdivision. (b) The board may revoke practice privileges using either of the following procedures: (1) Notifying the individual in writing of all of the following: (A) That the practice privilege is revoked. (B) The reasons for revocation. (C) The earliest date on which the individual may qualify for a practice privilege. (D) That the individual has a right to appeal the notice and request a hearing under the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) if a written notice of appeal and request for hearing is made within 60 days. (E) That, if the individual does not submit a notice of appeal and request for hearing within 60 days, the board’s action set forth in the notice shall become final. (2) Filing a statement of issues under the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) An individual whose practice privilege has been revoked may only subsequently exercise the practice privilege upon application to the board for reinstatement of the practice privilege not less than one year after the effective date of the notice or decision revoking the practice privilege, unless a longer time period is specified in the notice or decision revoking the practice privilege. (d) Holders of practice privileges are subject to suspension, citations, fines, or other disciplinary actions for any conduct that would be grounds for discipline against a licensee of the board or for any conduct in violation of this article or regulations adopted thereunder. (e) The board may recover its costs pursuant to Section 5107 as part of any disciplinary proceeding against the holder of a practice privilege. (f) The provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, the commencement of a disciplinary proceeding by the filing of an accusation by the board, shall apply under this article. (g) If the board revokes or otherwise limits an individual’s practice privilege, the board shall promptly notify the regulatory agency of the state or states in which the individual is licensed, and the United States Securities and Exchange Commission, the Public Company Accounting Oversight Board, and the National Association of State Boards of Accountancy. (Amended (as amended by Stats. 2013, Ch. 319, Sec. 4) by Stats. 2018, Ch. 447, Sec. 7. (SB 795) Effective January 1, 2019.)
  26. 5096.20.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

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    The board must maintain an out-of-state licensee feature on its website and include specified search, disclosure, disclaimer, complaint, and link information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.20. (a) To ensure that Californians are protected from out-of-state licensees with disqualifying conditions, the board shall maintain an out-of-state licensee feature on its license lookup tab of the home page of its internet website that allows consumers to obtain information about an individual whose principal place of business is not in this state and who seeks to exercise a practice privilege in this state. At minimum, these features shall include all of the following: (1) The ability of the consumer to search by name and state of licensure. (2) The disclosure of information in the possession of the board, which the board is otherwise authorized to publicly disclose, about an individual exercising a practice privilege in this state, including, but not limited to, whether the board has taken action of any form against that individual and, if so, what the action was or is. (3) A disclaimer that the consumer must click through prior to being referred to any other internet website, which in plain language explains that the consumer is being referred to an internet website that is maintained by a regulatory agency or other entity that is not affiliated with the board. This disclaimer shall include a link to relevant sections of this article that set forth disqualifying conditions, including, but not limited to, Section 5096.2. (4) A statement in plain language that notifies consumers that they are permitted to file complaints against such individuals with the board. (5) A link to the internet website or sites that the board determines, in its discretion, provides the consumer the most complete and reliable information available about the individual’s status as a licenseholder, permitholder, or certificate holder. (6) If the board of another state does not maintain an internet website that allows a consumer to obtain information about its licensees including, but not limited to, disciplinary history, and that information is not available through a link to an internet website maintained by another entity, a link to contact information for that board, which contains a disclaimer in plain language that explains that the consumer is being referred to a board that does not permit the consumer to obtain information, including, but not limited to, disciplinary history, about individuals through the internet website, and that the out-of-state board is not affiliated with the board. (b) The board shall biennially survey the internet websites and disclosure policies of other boards to ensure that its disclaimers are accurate. (Amended by Stats. 2025, Ch. 293, Sec. 23. (AB 1175) Effective January 1, 2026.)
  27. 5096.21.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

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    The board may require out-of-state licensees from a particular state to file a notification form and pay fees before using a practice privilege in this state if the board finds the privilege would endanger the public. The board may later reverse that decision and allow practice privileges again.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.21. (a) (1) If the board determines, through a majority vote of the board at a regularly scheduled meeting, that allowing individuals from a particular state to practice in this state pursuant to a practice privilege as described in Section 5096, violates the board’s duty to protect the public, pursuant to Section 5000.1, the board shall require out-of-state individuals licensed from that state, as a condition to exercising a practice privilege in this state, to file the notification form and pay the applicable fees as required by Section 5096.22. (2) A state for which the board has made a determination pursuant to paragraph (1) to require individuals licensed from that state to file a notification form and pay the applicable fees may subsequently be redetermined by the board, by majority vote of the board at a regularly scheduled meeting, to allow individuals from that state to practice in this state pursuant to a practice privilege as described in Section 5096. (b) The board shall, at minimum, consider the following factors when making a determination or redetermination pursuant to subdivision (a): (1) Whether the state timely and adequately addresses enforcement referrals made by the board to the accountancy regulatory board of that state, or otherwise fails to respond to requests the board deems necessary to meet its obligations under this article. (2) Whether the state makes the disciplinary history of its licensees publicly available through the internet in a manner that allows the board to adequately link consumers to an internet website to obtain information. (3) Whether the state imposes discipline against licensees that is appropriate in light of the nature of the alleged misconduct. (4) Whether the state has in place and is operating pursuant to enforcement practices substantially equivalent to the current best practices guidelines adopted by the National Association of State Boards of Accountancy provided those guidelines have been determined by the board to meet or exceed the board’s own enforcement practices. (5) Whether the state has in place and implements comparable licensure requirements. (Amended by Stats. 2025, Ch. 293, Sec. 24. (AB 1175) Effective January 1, 2026.)
  28. 5096.22.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

    Verify source ↗

    Certain out-of-state accountants must notify the board before practicing in California, pay the required fee, and follow the board’s filing rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.22. (a) An individual whose principal place of business is in a state subject to an action of the board pursuant to Section 5096.21 shall do all of the following: (1) Prior to practicing, submit a notification form to the board in a manner prescribed by board regulation. (2) If the board has determined the state in which the individual has their principal place of business to not have comparable licensure requirements, indicate on the notification form they satisfy one of the following: (A) Have continually practiced public accountancy as a certified public accountant under a current and active license issued by any state for at least 4 of the last 10 years. (B) Have passed the Uniform Certified Public Accountant Examination and completed education that included a baccalaureate degree or higher with an accounting concentration and at least one year of general accounting experience. (3) Pay a fee equal to the reasonable administrative costs, as established by the board. (b) Except as otherwise provided by this article or by board regulation, a practice privilege subject to this section shall commence when the individual submits a properly completed notification form to the board, provided that the fee is received by the board within 30 days of that date. The board shall permit the notification to be provided electronically. (c) An individual shall not be deemed to be in violation of this section solely because they begin the practice of public accounting in California prior to notifying the board as indicated in subdivision (a), provided the notice is given within five business days of the date practice begins. An individual who properly notifies the board within the five-day period provided for in this subdivision shall be deemed to have a practice privilege from the first day of practice in California unless the individual fails to timely submit the required fee. Failure to comply with this section means that the individual is practicing public accountancy unlawfully in this state and is in violation of Section 5120. In addition to any other available remedy, the board may issue a fine equal to reasonable enforcement costs if an individual notifies the board more than five business days after beginning practice in California. (d) An individual whose principal place of business is in a state subject to an action by the board pursuant to Section 5096.21 shall not be deemed in violation of the notice and fee requirements of this section if the failure to comply occurs within 60 days of the date of the board action. (Amended by Stats. 2025, Ch. 293, Sec. 25. (AB 1175) Effective January 1, 2026.)
  29. 5096.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

    Verify source ↗

    The board or its executive officer may suspend an individual’s practice privilege, even without prior notice or hearing, and the individual may appeal within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.4. (a) The right of an individual to practice in this state under a practice privilege may be administratively suspended at any time by an order issued by the board or its executive officer, without prior notice or hearing, for the purpose of conducting a disciplinary investigation, proceeding, or inquiry concerning the individual’s competence or qualifications to practice under practice privileges, failure to timely respond to a board inquiry or request for information or documents, or under other conditions and circumstances provided for by board regulation. (b) The administrative suspension order is immediately effective when mailed to the individual’s address of record or agent for notice and service as provided for in this article. (c) The administrative suspension order shall contain the following: (1) The reason for the suspension. (2) A statement that the individual has the right, within 30 days, to appeal the administrative suspension order and request a hearing. (3) A statement that any appeal hearing will be conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) applicable to individuals who are denied licensure, including the filing of a statement of issues by the board setting forth the reasons for the administrative suspension of practice privileges and specifying the statutes and rules with which the individual must show compliance by producing proof at the hearing and in addition any particular matters that have come to the attention of the board and that would authorize the administrative suspension, or the revocation of practice privileges. (d) The burden is on the holder of the suspended practice privilege to establish both qualification and fitness to practice under practice privileges. (e) The administrative suspension shall continue in effect until terminated by an order of the board or the executive officer. (f) Administrative suspension is not discipline and shall not preclude any individual from applying for a license to practice public accountancy in this state. (g) Proceedings to appeal an administrative suspension order may be combined or coordinated with proceedings for revocation or discipline of a practice privilege. (Amended by Stats. 2025, Ch. 293, Sec. 21. (AB 1175) Effective January 1, 2026.)
  30. 5096.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

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    An individual may not sign an attest report under a practice privilege unless the person meets the experience requirements in Section 5095.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.5. Notwithstanding any other provision of this article, an individual may not sign any attest report pursuant to a practice privilege unless the individual meets the experience requirements of Section 5095. (Amended (as added by Stats. 2012, Ch. 411, Sec. 23) by Stats. 2018, Ch. 447, Sec. 12. (SB 795) Effective January 1, 2019.)
  31. 5096.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

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    The board may delegate certain notice- and order-issuing authority to the executive officer, including issuing an interim suspension order.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.6. In addition to the authority otherwise provided for by this code, the board may delegate to the executive officer the authority to issue any notice or order provided for in this article and to act on behalf of the board, including, but not limited to, issuing an interim suspension order, subject to the right of the individual to timely appeal and request a hearing as provided for in this article. (Amended (as added by Stats. 2012, Ch. 411, Sec. 26) by Stats. 2018, Ch. 447, Sec. 14. (SB 795) Effective January 1, 2019.)
  32. 5096.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

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    This section expands key terms used in the chapter and article, including “license,” “licensee,” “permit,” “certificate,” and “employee.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.7. (a) Anywhere the term “license,” “licensee,” “permit,” or “certificate” is used in this chapter or Division 1.5 (commencing with Section 475), it shall include persons holding practice privileges under this article, unless otherwise inconsistent with the provisions of the article. (b) Anywhere the term “employee” is used in this article it shall include, but is not limited to, partners, shareholders, and other owners. (c) For purposes of this article, the term “license” includes certificate or permit. (Amended (as added by Stats. 2012, Ch. 411, Sec. 29) by Stats. 2018, Ch. 447, Sec. 16. (SB 795) Effective January 1, 2019.)
  33. 5096.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

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    The board’s investigative powers, including powers delegated to the executive officer, apply to investigations about compliance with this article and possible violations, and include hearings and subpoenas.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.8. In addition to the authority otherwise provided by this code, all investigative powers of the board, including those delegated to the executive officer, shall apply to investigations concerning compliance with, or actual or potential violations of, the provisions of this article or implementing regulations, including, but not limited to, the power to conduct investigations and hearings by the executive officer under Section 5103 and to issuance of subpoenas under Section 5108. (Added by Stats. 2004, Ch. 921, Sec. 11. Effective January 1, 2005.)
  34. 5096.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. )

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    The board may adopt regulations, including emergency regulations, to implement this article and to manage certain inoperative dates; the Office of Administrative Law must treat the specified board action as a change without regulatory effect.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.1. Practice Privileges [5096 - 5096.22] ( Article 5.1 added by Stats. 2004, Ch. 921, Sec. 11. ) ## 5096.9. (a) The board is authorized to adopt regulations to implement, interpret, or make specific the provisions of this article. (b) The board may adopt emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to establish policies, guidelines, and procedures to initially implement this article as it goes into effect on July 1, 2013. The adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, or general welfare. The emergency regulations shall be submitted to the Office of Administrative Law for filing with the Secretary of State in accordance with the Administrative Procedure Act. (c) (1) Notwithstanding any other law, to ensure uninterrupted implementation of this article, the board may adopt or amend regulations consistent with Section 100 of Title 1 of the California Code of Regulations to remove or extend the inoperative date of its regulations in Article 3 (commencing with Section 18) of Division 1 of Title 16 of the California Code of Regulations, or to remove the inoperative dates for the regulations in Article 4 (commencing with Section 26) of Division 1 of Title 16 of the California Code of Regulations. (2) Notwithstanding any other law, the Office of Administrative Law shall consider the board’s action to remove or extend the inoperative dates of these regulations as a change without regulatory effect as described in Section 100 of Title 1 of the California Code of Regulations that exempts the board from complying with the rulemaking procedure specified in the Administrative Procedure Act (Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2018, Ch. 447, Sec. 18. (SB 795) Effective January 1, 2019.)
  35. 5097.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.5. Audit Documentation [5097 - 5098] ( Article 5.5 added by Stats. 2002, Ch. 230, Sec. 2. )

    Verify source ↗

    Licensees must keep audit documentation, retain it for at least seven years, and maintain a written retention-and-destruction policy.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.5. Audit Documentation [5097 - 5098] ( Article 5.5 added by Stats. 2002, Ch. 230, Sec. 2. ) ## 5097. (a) Audit documentation shall be a licensee’s records of the procedures applied, the tests performed, the information obtained, and the pertinent conclusions reached in an audit engagement. Audit documentation shall include, but is not limited to, programs, analyses, memoranda, letters of confirmation and representation, copies or abstracts of company documents, and schedules or commentaries prepared or obtained by the licensee. (b) Audit documentation shall contain sufficient documentation to enable a reviewer with relevant knowledge and experience, having no previous connection with the audit engagement, to understand the nature, timing, extent, and results of the auditing or other procedures performed, evidence obtained, and conclusions reached, and to determine the identity of the persons who performed and reviewed the work. (c) Failure of the audit documentation to document the procedures applied, tests performed, evidence obtained, and relevant conclusions reached in an engagement shall raise a presumption that the procedures were not applied, tests were not performed, information was not obtained, and relevant conclusions were not reached. This presumption shall be a rebuttable presumption affecting the burden of proof relative to those portions of the audit that are not documented as required in subdivision (b). The burden may be met by a preponderance of the evidence. (d) Audit documentation shall be maintained by a licensee for the longer of the following: (1) The minimum period of retention provided in subdivision (e). (2) A period sufficient to satisfy professional standards and to comply with applicable laws and regulations. (e) Audit documentation shall be maintained for a minimum of seven years which shall be extended during the pendency of any board investigation, disciplinary action, or legal action involving the licensee or the licensee’s firm. The board may adopt regulations to establish a different retention period for specific categories of audit documentation where the board finds that the nature of the documentation warrants it. (f) Licensees shall maintain a written documentation retention and destruction policy that shall set forth the licensee’s practices and procedures complying with this article. (Added by Stats. 2002, Ch. 230, Sec. 2. Effective January 1, 2003.)
  36. 5098.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.5. Audit Documentation [5097 - 5098] ( Article 5.5 added by Stats. 2002, Ch. 230, Sec. 2. )

    Verify source ↗

    The board may adopt regulations about audit documentation retention, destruction review and approval, and the identification, dating, and retention of audit documentation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 5.5. Audit Documentation [5097 - 5098] ( Article 5.5 added by Stats. 2002, Ch. 230, Sec. 2. ) ## 5098. The board may adopt regulations to implement, interpret, and make specific provisions relating to the following: (a) Requirements for licensees maintaining an audit documentation retention policy and procedures for review and approval of audit documentation destruction. (b) Procedures for the identification, dating, and retention of audit documentation. (Added by Stats. 2002, Ch. 230, Sec. 2. Effective January 1, 2003.)
  37. 510.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. )

    Verify source ↗

    Health care practitioners are protected from retaliation for advocating for appropriate health care, but payers, hospitals, and licensing authorities still retain specified review and disciplinary powers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. ) ## 510. (a) The purpose of this section is to provide protection against retaliation for health care practitioners who advocate for appropriate health care for their patients pursuant to Wickline v. State of California 192 Cal. App. 3d 1630. (b) It is the public policy of the State of California that a health care practitioner be encouraged to advocate for appropriate health care for his or her patients. For purposes of this section, “to advocate for appropriate health care” means to appeal a payer’s decision to deny payment for a service pursuant to the reasonable grievance or appeal procedure established by a medical group, independent practice association, preferred provider organization, foundation, hospital medical staff and governing body, or payer, or to protest a decision, policy, or practice that the health care practitioner, consistent with that degree of learning and skill ordinarily possessed by reputable health care practitioners with the same license or certification and practicing according to the applicable legal standard of care, reasonably believes impairs the health care practitioner’s ability to provide appropriate health care to his or her patients. (c) The application and rendering by any individual, partnership, corporation, or other organization of a decision to terminate an employment or other contractual relationship with or otherwise penalize a health care practitioner principally for advocating for appropriate health care consistent with that degree of learning and skill ordinarily possessed by reputable health care practitioners with the same license or certification and practicing according to the applicable legal standard of care violates the public policy of this state. (d) This section shall not be construed to prohibit a payer from making a determination not to pay for a particular medical treatment or service, or the services of a type of health care practitioner, or to prohibit a medical group, independent practice association, preferred provider organization, foundation, hospital medical staff, hospital governing body acting pursuant to Section 809.05, or payer from enforcing reasonable peer review or utilization review protocols or determining whether a health care practitioner has complied with those protocols. (e) (1) Except as provided in paragraph (2), appropriate health care in a hospital licensed pursuant to Section 1250 of the Health and Safety Code shall be defined by the appropriate hospital committee and approved by the hospital medical staff and the governing body, consistent with that degree of learning and skill ordinarily possessed by reputable health care practitioners with the same license or certification and practicing according to the applicable legal standard of care. (2) To the extent the issue is under the jurisdiction of the medical staff and its committees, appropriate health care in a hospital licensed pursuant to Section 1250 of the Health and Safety Code shall be defined by the hospital medical staff and approved by the governing body, consistent with that degree of learning and skill ordinarily possessed by reputable health care practitioners with the same license or certification and practicing according to the applicable legal standard of care. (f) Nothing in this section shall be construed to prohibit the governing body of a hospital from taking disciplinary actions against a health care practitioner as authorized by Sections 809.05, 809.4, and 809.5. (g) Nothing in this section shall be construed to prohibit the appropriate licensing authority from taking disciplinary actions against a health care practitioner. (h) For purposes of this section, “health care practitioner” means a person who is described in subdivision (f) of Section 900 and who is either (1) a licentiate as defined in Section 805, or (2) a party to a contract with a payer whose decision, policy, or practice is subject to the advocacy described in subdivision (b), or (3) an individual designated in a contract with a payer whose decision, policy, or practice is subject to the advocacy described in subdivision (b), where the individual is granted the right to appeal denials of payment or authorization for treatment under the contract. (i) Nothing in this section shall be construed to revise or expand the scope of practice of any health care practitioner, or to revise or expand the types of health care practitioners who are authorized to obtain medical staff privileges or to submit claims for reimbursement to payers. (j) The protections afforded health care practitioners by this section shall be in addition to the protections available under any other law of this state. (Added by Stats. 1994, Ch. 1119, Sec. 1. Effective January 1, 1995.)
  38. 5100.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    After notice and hearing, the board may revoke, suspend, refuse to renew, or censure a permit or certificate holder for unprofessional conduct and listed misconduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5100. After notice and hearing the board may revoke, suspend, or refuse to renew any permit or certificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing with Section 5080), or may censure the holder of that permit or certificate for unprofessional conduct that includes, but is not limited to, one or any combination of the following causes: (a) Conviction of any crime substantially related to the qualifications, functions and duties of a certified public accountant or a public accountant. (b) A violation of Section 478, 498, or 499 dealing with false statements or omissions in the application for a license, in obtaining a certificate as a certified public accountant, in obtaining registration under this chapter, or in obtaining a permit to practice public accountancy under this chapter. (c) Dishonesty, fraud, gross negligence, or repeated negligent acts committed in the same or different engagements, for the same or different clients, or any combination of engagements or clients, each resulting in a violation of applicable professional standards that indicate a lack of competency in the practice of public accountancy or in the performance of the bookkeeping operations described in Section 5052. (d) Cancellation, revocation, or suspension of a certificate or other authority to practice as a certified public accountant or a public accountant, refusal to renew the certificate or other authority to practice as a certified public accountant or a public accountant, or any other discipline by any other state or foreign country. (e) Violation of Section 5097. (f) Violation of Section 5120. (g) Willful violation of this chapter or any rule or regulation promulgated by the board under the authority granted under this chapter. (h) Suspension or revocation of the right to practice before any governmental body or agency. (i) Fiscal dishonesty or breach of fiduciary responsibility of any kind. (j) Knowing preparation, publication, or dissemination of false, fraudulent, or materially misleading financial statements, reports, or information. (k) Embezzlement, theft, misappropriation of funds or property, or obtaining money, property, or other valuable consideration by fraudulent means or false pretenses. (l) The imposition of any discipline, penalty, or sanction on a registered public accounting firm or any associated person of such firm, or both, or on any other holder of a permit, certificate, license, or other authority to practice in this state, by the Public Company Accounting Oversight Board or the United States Securities and Exchange Commission, or their designees under the Sarbanes-Oxley Act of 2002 or other federal legislation. (m) Unlawfully engaging in the practice of public accountancy in another state. (Amended by Stats. 2004, Ch. 921, Sec. 12. Effective January 1, 2005.)
  39. 5100.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    In discipline cases against certain licensees, the board must treat the findings or events stated in a certified or true and correct copy of the disciplinary or other action as conclusive evidence when deciding discipline.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5100.1. Notwithstanding any other law, in causes for discipline against a licensee under subdivisions (d), (h), or (l) of Section 5100, the board shall rely on the findings or events stated in a certified or true and correct copy of the disciplinary or other action as conclusive evidence for the purpose of determining discipline. (Amended by Stats. 2019, Ch. 359, Sec. 13. (AB 1521) Effective January 1, 2020.)
  40. 5100.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may deny a license applicant if the applicant has a qualifying felony financial-crime conviction or certain disciplinary action within the last seven years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5100.2. (a) In addition to the grounds for the denial of a license pursuant to Section 480, the board may deny an applicant for a license if either of the following conditions are met: (1) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the qualifications, functions, or duties of a certified public accountant, pursuant to regulations adopted by the board. The seven-year limitation as described in paragraph (1) of subdivision (a) of Section 480 shall not apply. (2) The applicant, within the preceding seven years from the date of application, was subjected to a disciplinary action taken by an agency of the federal government, the Public Company Accounting Oversight Board, or another country for any act substantially related to the functions, qualifications, or duties of a certified public accountant. (b) Notwithstanding any other law, in causes for denial of an application for licensure pursuant to paragraph (2) of subdivision (a) of this section, the board shall rely on the findings or events stated in a certified or true and correct copy of the disciplinary or other action as conclusive evidence for purposes of determining whether to deny the application. (c) This section shall become operative on July 1, 2020. (Added by Stats. 2019, Ch. 359, Sec. 14. (AB 1521) Effective January 1, 2020. Section operative July 1, 2020, by its own provisions.)
  41. 5100.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may discipline a licensee for unprofessional conduct after notice and hearing, including restricting practice, imposing probation, or limiting license activities.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5100.5. (a) After notice and hearing the board may, for unprofessional conduct, permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license, which prohibits the licensee from performing or engaging in any of the acts or services described in Section 5051. (b) A licensee may petition the board pursuant to Section 5115 for reduction of penalty or reinstatement of the privilege to engage in the service or act restricted or limited by the board. (c) The authority or sanctions provided by this section are in addition to any other civil, criminal, or administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other disciplinary authority, penalties, or sanctions. (d) Failure to comply with any restriction or limitation imposed by the board pursuant to this section is grounds for revocation of the license. (e) For purposes of this section, both of the following shall apply: (1) “Unprofessional conduct” includes, but is not limited to, those grounds for discipline or denial listed in Section 5100. (2) “Permanently restrict or limit the practice of” includes, but is not limited to, the prohibition on engaging in or performing any attestation engagement, audits, or compilations. (Added by Stats. 2015, Ch. 656, Sec. 5. (SB 467) Effective January 1, 2016.)
  42. 5101.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board must revoke a partnership’s registration and permit to practice if it no longer meets the required qualifications. After notice and hearing, the board may also revoke, suspend, refuse to renew, or censure the partnership’s permit for the listed causes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5101. After notice and hearing the board shall revoke the registration and permit to practice of a partnership if at any time it does not have all the qualifications prescribed by the section of this chapter under which it qualified for registration. After notice and hearing the board may revoke, suspend or refuse to renew the permit to practice of a partnership or may censure the holder of such permit for any of the causes enumerated in Section 5100 and for the following additional causes: (a) The revocation or suspension of the certificate or registration or the revocation or suspension of or refusal to renew the permit to practice of any partner. (b) The cancellation, revocation or suspension of certificate or other authority to practice or refusal to renew the certificate or other authority of the partnership of any partner thereof to practice public accountancy in any other state. (Amended by Stats. 1947, Ch. 502.)
  43. 5102.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Disciplinary proceedings under this article must follow Chapter 5 of the Government Code, and the board has all powers granted there.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5102. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing at Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Amended by Stats. 1959, Ch. 310.)
  44. 5103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may investigate alleged violations and handle complaints, hearings, and evidence gathering related to accountancy practice and licensees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5103. (a) Notwithstanding any other provision of law, the board may inquire into any alleged violation of this chapter or any other state or federal law, regulation, or rule relevant to the practice of accountancy. (b) The board, or its executive officer pursuant to a delegation of authority from the board, is authorized to perform the following functions: (1) To receive and investigate complaints and to conduct investigations or hearings, with or without the filing of any complaint, and to obtain information and evidence relating to any matter involving the conduct of licensees, as directed by the board, or as directed by the executive officer pursuant to a delegation of authority from the board. (2) To receive and investigate complaints and to conduct investigations or hearings, with or without the filing of any complaint, and to obtain information and evidence relating to any matter involving any violation or alleged violation of this chapter by licensees, as directed by the board, or as directed by the executive officer pursuant to a delegation of authority from the board. (Added by Stats. 2002, Ch. 231, Sec. 14. Effective January 1, 2003.)
  45. 5103.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board must post formal accusations on its website and provide a link for requesting a copy, plus a statement explaining the accusations are not a final finding.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5103.5. (a) The board shall post on its internet website, in an easily marked and identifiable location, notice of all formal accusations. The notice of any formal accusation shall contain a link to where a person may request and have sent to them a copy of the formal accusation, and the basis for the accusation and alleged violations filed by the board against a licensee. (b) The link to where a person may request and have sent to them a copy of the formal accusation shall be clearly and conspicuously located on the same internet website page on which the notice is posted and shall authorize a person to request and receive the information described in subdivision (a) by regular mail or electronic mail. (c) The board shall develop a statement that informs any person requesting a copy of a formal accusation and any person receiving a copy of a formal accusation that any allegations contained in the accusation are not a final determination of wrongdoing and are subject to adjudication and final review by the board pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). This statement shall be provided to a person requesting and receiving a copy of a formal accusation in a manner to be determined by the board. (Amended by Stats. 2023, Ch. 510, Sec. 82. (SB 887) Effective January 1, 2024.)
  46. 5104.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Certain accountants must give up their certificate or permit if the board asks, and the board must return a suspended certificate or permit immediately after the suspension ends.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5104. Any certified public accountant or public accountant whose certificate, registration, or permit has been revoked or suspended shall, upon request of the board, relinquish their certificate or permit. However, upon the expiration of the period of suspension, the board shall immediately return any suspended certificate or permit that has been relinquished. (Amended by Stats. 2023, Ch. 510, Sec. 83. (SB 887) Effective January 1, 2024.)
  47. 5105.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    If a certified public accountant or public accountant is delinquent on a renewal fee, the board may require the person to give up the certificate and permit. The board must reissue them if the permit is later renewed under Section 5070.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5105. Any certified public accountant or public accountant who is delinquent in the payment of his renewal fee shall upon request of the board relinquish his certificate and permit; provided, however, the board shall reissue any certificate and permit which has been relinquished for nonpayment of renewal fees if the permit is renewed as provided in Section 5070.6. (Amended by Stats. 1961, Ch. 1254.)
  48. 5106.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A guilty plea, guilty verdict, or nolo contendere conviction counts as a conviction for this article, and the board may suspend, revoke, or refuse to issue a certificate or permit in specified conviction-related situations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5106. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The record of the conviction shall be conclusive evidence thereof. The board may order the certificate or permit suspended or revoked, or may decline to issue a certificate or permit, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made, suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty or dismissing the accusation, information or indictment. (Added by renumbering Section 5107 by Stats. 1959, Ch. 310.)
  49. 5107.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may seek to recover disciplinary investigation and prosecution costs from a permit or certificate holder, but it cannot recover administrative hearing costs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5107. (a) The executive officer of the board may request the administrative law judge, as part of the proposed decision in a disciplinary proceeding, to direct any holder of a permit or certificate found to have committed a violation or violations of this chapter to pay to the board all reasonable costs of investigation and prosecution of the case, including, but not limited to, attorney’s fees. The board shall not recover costs incurred at the administrative hearing. (b) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the executive officer, shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. (c) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested to do so by the executive officer pursuant to subdivision (a). Costs are payable 120 days after the board’s decision is final, unless otherwise provided for by the administrative law judge or if the time for payment is extended by the board. (d) The finding of the administrative law judge with regard to cost shall not be reviewable by the board to increase the cost award. The board may reduce or eliminate the cost award, or remand to the administrative law judge where the proposed decision fails to make a finding on costs requested by the executive officer pursuant to subdivision (a). (e) The administrative law judge may make a further finding that the amount of reasonable costs awarded shall be reduced or eliminated upon a finding that respondent has demonstrated that they cannot pay all or a portion of the costs or that payment of the costs would cause an unreasonable financial hardship that cannot be remedied through a payment plan. (f) When an administrative law judge makes a finding that costs be waived or reduced, they shall set forth the factual basis for their finding in the proposed decision. (g) Where an order for recovery of costs is made and timely payment is not made as directed by the board’s decision, the board may enforce the order for payment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any holder of a permit or certificate directed to pay costs. (h) In a judicial action for the recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms of payment. (i) All costs recovered under this section shall be deposited in the Accountancy Fund. (j) (1) Except as provided in paragraph (2), the board shall not renew or reinstate the permit or certificate of a holder who has failed to pay all of the costs ordered under this section. (2) Notwithstanding paragraph (1) or paragraph (2) of subdivision (g) of Section 125.3, the board may, in its discretion, conditionally renew or reinstate for a maximum of three years the permit or certificate of a holder who demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that three-year period for those unpaid costs. (k) Nothing in this section shall preclude the board from seeking recovery of costs in an order or decision made pursuant to an agreement entered into between the board and the holder of a permit or certificate. (l) (1) Costs may not be recovered under this section as a result of a citation issued pursuant to Section 125.9 and its implementing language if the licensee complies with the citation. (2) The Legislature hereby finds and declares that this subdivision is declaratory of existing law. (Amended by Stats. 2023, Ch. 510, Sec. 84. (SB 887) Effective January 1, 2024.)
  50. 5108.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may issue subpoenas for witnesses and records in investigations or actions authorized by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5108. In connection with any investigation or action authorized by this chapter, the board may issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony pertinent or material to its inquiry, investigation, hearing, proceeding, or action conducted in any part of the state. (Amended (as added by Stats. 2002, Ch. 231) by Stats. 2002, Ch. 1150, Sec. 42. Effective January 1, 2003.)
  51. 5109.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

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    If an accounting license or related authority expires, is cancelled, forfeited, suspended, retired, or voluntarily surrendered, the board still keeps jurisdiction over the licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5109. The expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice public accountancy by operation of law or by order or decision of the board or a court of law, the placement of a license on a retired status, or the voluntary surrender of a license by a licensee shall not deprive the board of jurisdiction to commence or proceed with any investigation of or action or disciplinary proceeding against the licensee, or to render a decision suspending or revoking the license. (Amended by Stats. 2011, Ch. 395, Sec. 3. (AB 431) Effective January 1, 2012.)
  52. 511.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. )

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    Certain provider subcontracts may not include incentive plans that pay a provider to deny, reduce, limit, or delay medically necessary covered services for specific enrollees or similar groups.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. ) ## 511. (a) No subcontract between a physician and surgeon, physician and surgeon group, or other licensed health care practitioner who contracts with a health care service plan or health insurance carrier, and another physician and surgeon, physician and surgeon group, or licensed health care practitioner, shall contain any incentive plan that includes a specific payment made, in any type or form, to a physician and surgeon, physician and surgeon group, or other licensed health care practitioner as an inducement to deny, reduce, limit, or delay specific, medically necessary, and appropriate services covered under the contract with the health care service plan or health insurance carrier and provided with respect to a specific enrollee or groups of enrollees with similar medical conditions. (b) Nothing in this section shall be construed to prohibit subcontracts that contain incentive plans that involve general payments such as capitation payments or shared risk agreements that are not tied to specific medical decisions involving specific enrollees or groups of enrollees with similar medical conditions. (Added by Stats. 1996, Ch. 1014, Sec. 1. Effective January 1, 1997.)
  53. 511.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. )

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    The section requires certain contracting agents and payors to disclose list-transfer and network practices, provide a payor summary on request, and let providers opt out of some list transfers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. ) ## 511.1. (a) In order to prevent the improper selling, leasing, or transferring of a health care provider’s contract, it is the intent of the Legislature that every arrangement that results in a payor paying a health care provider a reduced rate for health care services based on the health care provider’s participation in a network or panel shall be disclosed to the provider in advance and that the payor shall actively encourage beneficiaries to use the network, unless the health care provider agrees to provide discounts without that active encouragement. (b) Beginning July 1, 2000, every contracting agent that sells, leases, assigns, transfers, or conveys its list of contracted health care providers and their contracted reimbursement rates to a payor, as defined in subparagraph (A) of paragraph (3) of subdivision (d), or another contracting agent shall, upon entering or renewing a provider contract, do all of the following: (1) Disclose whether the list of contracted providers may be sold, leased, transferred, or conveyed to other payors or other contracting agents, and specify whether those payors or contracting agents include workers’ compensation insurers or automobile insurers. (2) Disclose what specific practices, if any, payors utilize to actively encourage a payor’s beneficiaries to use the list of contracted providers when obtaining medical care that entitles a payor to claim a contracted rate. For purposes of this paragraph, a payor is deemed to have actively encouraged its beneficiaries to use the list of contracted providers if one of the following occurs: (A) The payor’s contract with subscribers or insureds offers beneficiaries direct financial incentives to use the list of contracted providers when obtaining medical care. “Financial incentives” means reduced copayments, reduced deductibles, premium discounts directly attributable to the use of a provider panel, or financial penalties directly attributable to the nonuse of a provider panel. (B) The payor provides information directly to its beneficiaries, who are parties to the contract, or, in the case of workers’ compensation insurance, the employer, advising them of the existence of the list of contracted providers through the use of a variety of advertising or marketing approaches that supply the names, addresses, and telephone numbers of contracted providers to beneficiaries in advance of their selection of a health care provider, which approaches may include, but are not limited to, the use of provider directories, or the use of toll-free telephone numbers or internet web site addresses supplied directly to every beneficiary. However, internet web site addresses alone shall not be deemed to satisfy the requirements of this subparagraph. Nothing in this subparagraph shall prevent contracting agents or payors from providing only listings of providers located within a reasonable geographic range of a beneficiary. (3) Disclose whether payors to which the list of contracted providers may be sold, leased, transferred, or conveyed may be permitted to pay a provider’s contracted rate without actively encouraging the payors’ beneficiaries to use the list of contracted providers when obtaining medical care. Nothing in this subdivision shall be construed to require a payor to actively encourage the payor’s beneficiaries to use the list of contracted providers when obtaining medical care in the case of an emergency. (4) Disclose, upon the initial signing of a contract, and within 30 calendar days of receipt of a written request from a provider or provider panel, a payor summary of all payors currently eligible to claim a provider’s contracted rate due to the provider’s and payor’s respective written agreements with any contracting agent. (5) Allow providers, upon the initial signing, renewal, or amendment of a provider contract, to decline to be included in any list of contracted providers that is sold, leased, transferred, or conveyed to payors that do not actively encourage the payors’ beneficiaries to use the list of contracted providers when obtaining medical care as described in paragraph (2). Each provider’s election under this paragraph shall be binding on the contracting agent with which the provider has the contract and on any other contracting agent that buys, leases, or otherwise obtains the list of contracted providers. A provider shall not be excluded from any list of contracted providers that is sold, leased, transferred, or conveyed to payors that actively encourage the payors’ beneficiaries to use the list of contracted providers when obtaining medical care, based upon the provider’s refusal to be included on any list of contracted providers that is sold, leased, transferred, or conveyed to payors that do not actively encourage the payors’ beneficiaries to use the list of contracted providers when obtaining medical care. (6) Nothing in this subdivision shall be construed to impose requirements or regulations upon payors, as defined in subparagraph (A) of paragraph (3) of subdivision (d). (c) Beginning July 1, 2000, a payor, as defined in subparagraph (B) of paragraph (3) of subdivision (d), shall do all of the following: (1) Provide an explanation of benefits or explanation of review that identifies the name of the plan or network that has a written agreement signed by the provider whereby the payor is entitled, directly or indirectly, to pay a preferred rate for the services rendered. (2) Demonstrate that it is entitled to pay a contracted rate within 30 business days of receipt of a written request from a provider who has received a claim payment from the payor. The failure of a payor to make the demonstration within 30 business days shall render the payor responsible for the amount that the payor would have been required to pay pursuant to the contract between the payor and the beneficiary, which amount shall be due and payable within 10 business days of receipt of written notice from the provider, and shall bar the payor from taking any future discounts from that provider without the provider’s express written consent until the payor can demonstrate to the provider that it is entitled to pay a contracted rate as provided in this paragraph. A payor shall be deemed to have demonstrated that it is entitled to pay a contracted rate if it complies with either of the following: (A) Discloses the name of the network that has a written agreement with the provider whereby the provider agrees to accept discounted rates, and describes the specific practices the payor utilizes to comply with paragraph (2) of subdivision (b). (B) Identifies the provider’s written agreement with a contracting agent whereby the provider agrees to be included on lists of contracted providers sold, leased, transferred, or conveyed to payors that do not actively encourage beneficiaries to use the list of contracted providers pursuant to paragraph (5) of subdivision (b). (d) For the purposes of this section, the following terms have the following meanings: (1) “Beneficiary” means: (A) For workers’ compensation insurance, an employee seeking health care services for a work-related injury. (B) For automobile insurance, those persons covered under the medical payments portion of the insurance contract. (C) For group or individual health services covered through a health care service plan contract, including a specialized health care service plan contract, or a policy of disability insurance that covers hospital, medical, or surgical benefits, a subscriber, an enrollee, a policyholder, or an insured. (2) “Contracting agent” means a third-party administrator or trust not licensed under the Health and Safety Code, the Insurance Code, or the Labor Code, a self-insured employer, a preferred provider organization, or an independent practice association, while engaged, for monetary or other consideration, in the act of selling, leasing, transferring, assigning, or conveying, a provider or provider panel to provide health care services to beneficiaries. For purposes of this section, a contracting agent shall not include a health care service plan, including a specialized health care service plan, an insurer licensed under the Insurance Code to provide disability insurance that covers hospital, medical, or surgical benefits, automobile insurance, or workers’ compensation insurance, or a self-insured employer. (3) (A) For purposes of subdivision (b), “payor” means a health care service plan, including a specialized health care service plan, an insurer licensed under the Insurance Code to provide disability insurance that covers hospital, medical, or surgical benefits, automobile insurance, workers’ compensation insurance, or a self-insured employer that is responsible to pay for health care services provided to beneficiaries. (B) For purposes of subdivision (c), “payor” means only those entities that provide coverage for hospital, medical, or surgical benefits that are not regulated under the Health and Safety Code, the Insurance Code, or the Labor Code. (4) “Payor summary” means a written summary that includes the payor’s name and the type of plan, including, but not limited to, a group health plan, an automobile insurance plan, and a workers’ compensation insurance plan. (5) “Provider” means any of the following: (A) Any person licensed or certified pursuant to this division. (B) Any person licensed pursuant to the Chiropractic Initiative Act or the Osteopathic Initiative Act. (C) Any person licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code. (D) A clinic, health dispensary, or health facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (E) Any entity exempt from licensure pursuant to Section 1206 of the Health and Safety Code. (e) This section shall become operative on July 1, 2000. (Amended by Stats. 2000, Ch. 1069, Sec. 1. Effective January 1, 2001.)
  54. 511.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. )

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    If a contracting agent sells, leases, or transfers a health provider’s contract to a payor, the provider’s rights and obligations are controlled by the underlying contract.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. ) ## 511.3. (a) When a contracting agent sells, leases, or transfers a health provider’s contract to a payor, the rights and obligations of the provider shall be governed by the underlying contract between the health care provider and the contracting agent. (b) For purposes of this section, the following terms shall have the following meanings: (1) “Contracting agent” has the meaning set forth in paragraph (2) of subdivision (d) of Section 511.1. (2) “Payor” has the meaning set forth in paragraph (3) of subdivision (d) of Section 511.1. (Amended by Stats. 2004, Ch. 183, Sec. 1. Effective January 1, 2005.)
  55. 511.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. )

    Verify source ↗

    A contracting agent must disclose specified payment and claims-processing information to contracting providers in electronic form, and must give 45 days’ written notice before using a website format or changing website-posted information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. ) ## 511.4. (a) A contracting agent, as defined in paragraph (2) of subdivision (d) of Section 511.1, shall beginning July 1, 2006, prior to contracting, annually thereafter on or before the contract anniversary date, and, in addition, upon the contracted provider’s written request, disclose to contracting providers all of the following information in an electronic format: (1) The amount of payment for each service to be provided under the contract, including any fee schedules or other factors or units used in determining the fees for each service. To the extent that reimbursement is made pursuant to a specified fee schedule, the contract shall incorporate that fee schedule by reference, including the year of the schedule. For any proprietary fee schedule, the contract shall include sufficient detail that payment amounts related to that fee schedule can be accurately predicted. (2) The detailed payment policies and rules and nonstandard coding methodologies used to adjudicate claims, which shall, unless otherwise prohibited by state law, do all of the following: (A) When available, be consistent with Current Procedural Terminology (CPT), and standards accepted by nationally recognized medical societies and organizations, federal regulatory bodies, and major credentialing organizations. (B) Clearly and accurately state what is covered by any global payment provisions for both professional and institutional services, any global payment provisions for all services necessary as part of a course of treatment in an institutional setting, and any other global arrangements, such as per diem hospital payments. (C) At a minimum, clearly and accurately state the policies regarding all of the following: (i) Consolidation of multiple services or charges and payment adjustments due to coding changes. (ii) Reimbursement for multiple procedures. (iii) Reimbursement for assistant surgeons. (iv) Reimbursement for the administration of immunizations and injectable medications. (v) Recognition of CPT modifiers. (b) The information disclosures required by this section shall be in sufficient detail and in an understandable format that does not disclose proprietary trade secret information or violate copyright law or patented processes, so that a reasonable person with sufficient training, experience, and competence in claims processing can determine the payment to be made according to the terms of the contract. (c) A contracting agent may disclose the fee schedules mandated by this section through the use of a Web site, so long as it provides written notice to the contracted provider at least 45 days prior to implementing a Web site transmission format or posting any changes to the information on the Web site. (Added by Stats. 2005, Ch. 441, Sec. 2. Effective January 1, 2006.)
  56. 5110.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may deny or limit licensing examinations, license applications, and registration applications for individuals who have committed listed misconduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5110. (a) After notice and an opportunity for a hearing, the board may deny an application to take the licensing examination, deny admission to current and future licensing examinations, void examination grades, and deny an application for a license or registration to any individual who has committed any of the following acts: (1) Made any false, fraudulent, or materially misleading statement or a material omission in any application for a license, examination, or registration. (2) Cheated or subverted or attempted to subvert any licensing examination. (3) Aided, abetted, or conspired with any other person to violate paragraph (1) or (2). (4) Any act that if committed by an applicant for licensure would be grounds for denial of a license or registration under Section 480 or if committed by a licensee or a registrant would be grounds for discipline under Section 5100. (5) Any act committed outside of this state that would be a violation of this article if committed within this state. (b) Neither the withdrawal of an application for examination, licensure, or registration, nor the expulsion or voluntary departure from an examination shall deprive the board of its authority to deny an application for, or admittance to, current or future licensing examinations, or to commence or continue a proceeding based on a violation of this article. (c) Nothing in this article shall be construed to limit the authority of the board to refuse admittance to or to remove from the licensing examination, any person suspected of cheating or failing to comply with examination procedures or requirements. (d) The term “licensing examination” includes the Uniform Certified Public Accountant examination, ethics examination, and any other professional or vocational licensing examination offered or administered by, or through, the board or other agencies within or outside of this state, for professional or vocational licensing purposes. (e) The board may take any of the actions described in subdivision (a) based upon any determination, decision, ruling, or finding made by any state or other governmental entity, foreign or domestic, that any individual has committed any of the actions described in paragraphs (1) to (5), inclusive, of subdivision (a). (f) The provisions of this section are in addition to any other remedies that may be available under other provisions of law including, but not limited to, those set forth in Sections 123, 480, and 496. (Added by Stats. 2000, Ch. 1054, Sec. 5. Effective January 1, 2001.)
  57. 5111.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

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    This section treats several forms of misconduct as cheating on a licensing exam, including unauthorized communication, impersonation, unauthorized materials, ignoring exam security rules, and false application information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5111. Cheating on, or subverting or attempting to subvert any licensing examination includes, but is not limited to, engaging in, soliciting, or procuring any of the following: (a) Any communication between one or more examinees and any person, other than a proctor or examination official, while the examination is in progress. (b) Any communication between one or more examinees and any other person at any time concerning the content of the examination including, but not limited to, any examination question or answer, unless the examination has been publicly released by the examining authority or jurisdiction. (c) The taking of all or a part of the examination by a person other than the applicant. (d) Possession or use at any time during the examination or while the examinee is on the examination premises of any device, material, or document that is not expressly authorized for use by examinees during the examination including, but not limited to, notes, crib sheets, textbooks, and electronic devices. (e) Failure to follow any examination instruction or rule related to examination security. (f) Providing false, fraudulent, or materially misleading information concerning education, experience, or other qualifications as part of, or in support of, any application for admission to any professional or vocational examination. (Amended by Stats. 2001, Ch. 159, Sec. 19. Effective January 1, 2002.)
  58. 5112.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may deny licensing-exam applications, deny admittance to exams, and void exam grades for the stated grounds. It must give notice or file a statement of issues within the stated time limits, and the individual can request a hearing within 60 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5112. (a) The board may deny an application to take the licensing examination, deny admittance to current and future licensing examinations, and void examination grades on the grounds set forth in Section 5110 using either of the following procedures: (1) Notifying the individual in writing of all of the following: (A) The action the board has taken. (B) The reasons the action was taken. (C) The earliest date on which the individual may reapply for admittance to the licensing examination. (D) The individual’s right to a hearing under the provisions of Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code if a written request for a hearing is made within 60 days from the date of the board’s notice. If the individual does not request a hearing, the board’s action shall become final at the expiration of this 60-day period. (2) Filing and serving a statement of issues in accordance with Section 11504 of the Government Code. (b) The board shall issue the notice of action under paragraph (1) of subdivision (a) or file and serve the statement of issues under paragraph (2) of subdivision (a) within five years of the last day of the examination with respect to which the alleged prohibited act was committed or within three years of the discovery of the commission of the alleged prohibited act, whichever occurs later. (Added by Stats. 2000, Ch. 1054, Sec. 7. Effective January 1, 2001.)
  59. 5113.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

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    A person denied admission to the licensing exam under Section 5110 may petition the board for CPA exam admission after at least one year, unless the board sets a different filing timeframe.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5113. An individual who has been denied admission to the licensing examination under Section 5110 may petition the board for admission to the Certified Public Accountant examination not less than one year after the effective date of the decision issued by the board following a hearing held pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code or, if there was no hearing, may petition the board not less than one year after the decision or action pursuant to the notice of action issued by the board becomes final as provided in subparagraph (D) of paragraph (1) of subdivision (a) of Section 5112, unless the decision or notice of action issued by the board specifies a different timeframe within which this petition may be filed. However, in no event shall the timeframe specified by the board be more than three years from the effective date of the board’s decision or from the date that the board’s action pursuant to the notice of action becomes final. (Added by Stats. 2000, Ch. 1054, Sec. 8. Effective January 1, 2001.)
  60. 5115.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. )

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    Some disciplined license holders may ask the board to reinstate the license or reduce the penalty after waiting at least one year, and the board must notify the Attorney General and decide the petition.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6. Disciplinary Proceedings [5100 - 5115] ( Article 6 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5115. (a) A person whose license has been revoked or surrendered may petition the board for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision or from the date of the denial of a similar petition, unless a longer period, not to exceed three years, is specified by the board in any decision revoking the license, accepting the surrender of the license, or denying reinstatement of the license. (b) A person whose license has not been revoked or surrendered but who has been disciplined by imposition of a suspension or otherwise disciplined may petition the board for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision. (c) The board shall give notice to the Attorney General of the filing of the petition and the Attorney General and the petitioner shall be afforded an opportunity to present either oral or written argument before the board itself. The board itself shall rule on the petition, and the decision shall include the reasons therefor and any terms and conditions that the board reasonably deems appropriate to impose as a condition of reinstatement or reduction of penalty, including, but not limited to, restrictions on the petitioner’s scope of professional practice. (Added by Stats. 2003, Ch. 807, Sec. 13. Effective January 1, 2004.)
  61. 5116.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. )

    Verify source ↗

    The board may order a licensee or licensure/examination applicant to pay an administrative penalty, and it must adopt regulations for how those penalties are assessed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. ) ## 5116. (a) The board, after appropriate notice and an opportunity for hearing, may order any licensee or applicant for licensure or examination to pay an administrative penalty as provided in this article as part of any disciplinary proceeding or other proceeding provided for in this chapter. (b) The board may assess administrative penalties under one or more provisions of this article. However, the total administrative penalty to be paid by the licensee shall not exceed the amount of the highest administrative penalty authorized by this article. (c) The board shall adopt regulations to establish criteria for assessing administrative penalties based upon factors, including, but not limited to, actual and potential consumer harm, nature and severity of the violation, the role of the person in the violation, the person’s ability to pay the administrative penalty, and the level of administrative penalty necessary to deter future violations of this chapter. (d) Administrative penalties assessed under this article shall be in addition to any other penalties or sanctions imposed on the licensee or other person, including, but not limited to, license revocation, license suspension, denial of the application for licensure, denial of the petition for reinstatement, or denial of admission to the licensing examination. Payment of these administrative penalties may be included as a condition of probation when probation is ordered. (e) All administrative penalties collected under this article shall be deposited in the Accountancy Fund. (Added by Stats. 2004, Ch. 921, Sec. 14. Effective January 1, 2005.)
  62. 5116.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. )

    Verify source ↗

    A licensee who violates this chapter may be assessed an administrative penalty, capped at $5,000 for the first violation and $10,000 for each later violation, except as provided in Section 5116.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. ) ## 5116.1. In accordance with Section 5116 and applicable regulations, except as provided in Section 5116.2, any licensee who violates any provision of this chapter may be assessed an administrative penalty of not more than five thousand dollars ($5,000) for the first violation and not more than ten thousand dollars ($10,000) for each subsequent violation. (Added by Stats. 2004, Ch. 921, Sec. 14. Effective January 1, 2005.)
  63. 5116.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. )

    Verify source ↗

    A licensee who violates certain Section 5100 subdivisions may be subject to an administrative penalty, with higher maximums for later violations and lower caps for natural persons.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. ) ## 5116.2. In accordance with Section 5116 and applicable regulations, any licensee who violates subdivision (a), (c), (i), (j) or (k) of Section 5100 may be assessed an administrative penalty of not more than one million dollars ($1,000,000) for the first violation and not more than five million dollars ($5,000,000) for any subsequent violation, except that a licensee who is a natural person may be assessed an administrative penalty of not more than fifty thousand dollars ($50,000) for the first violation and not more than one hundred thousand dollars ($100,000) for any subsequent violation. (Added by Stats. 2004, Ch. 921, Sec. 14. Effective January 1, 2005.)
  64. 5116.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. )

    Verify source ↗

    A person who cheats, tries to cheat, or helps others cheat on a licensing examination may be assessed an administrative penalty.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. ) ## 5116.3. In accordance with Section 5116 and applicable regulations, any person who is found to have cheated or subverted or attempted to subvert or cheat on any licensing examination or who conspired with or aided or abetted any other person to cheat, subvert or attempt to subvert any examination may be assessed an administrative penalty of not more than five thousand dollars ($5,000) for the first violation and not more than ten thousand dollars ($10,000) for each subsequent violation. (Added by Stats. 2004, Ch. 921, Sec. 14. Effective January 1, 2005.)
  65. 5116.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. )

    Verify source ↗

    The board’s executive officer may request an administrative penalty in certain disciplinary or related proceedings, and the penalty becomes final unless timely contested.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. ) ## 5116.4. (a) The board’s executive officer may request assessment of an administrative penalty in any disciplinary or other proceeding provided in this chapter or in any notice to an applicant pursuant to Section 5112. (b) The administrative penalty pursuant to subdivision (a) shall become final unless contested within the time period provided for the filing of a notice of appeal, for the filing of a notice of defense, or for requesting a hearing in the proceeding. (c) Nothing in this article shall prevent an administrative penalty from being included in a final contested or default decision of the board or in a notice issued pursuant to Section 5112 once the time period for requesting a hearing has expired. (Added by Stats. 2004, Ch. 921, Sec. 14. Effective January 1, 2005.)
  66. 5116.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. )

    Verify source ↗

    The board may ask a court to enter judgment requiring payment of a final administrative penalty, after filing a certified copy of its final decision or a notice under Section 5112.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. ) ## 5116.5. The board may obtain a judgment in any court of competent jurisdiction ordering the payment of any final administrative penalty assessed by the board pursuant to this article upon the filing of a certified copy of the board’s final decision or notice issued pursuant to Section 5112. (Added by Stats. 2004, Ch. 921, Sec. 14. Effective January 1, 2005.)
  67. 5116.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. )

    Verify source ↗

    The term “licensee” in this article includes several categories of accountancy professionals and entities, plus people violating Article 5.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 6.5. Administrative Penalties [5116 - 5116.6] ( Article 6.5 added by Stats. 2004, Ch. 921, Sec. 14. ) ## 5116.6. Anywhere the term “licensee” is used in the article it shall include certified public accountants, public accountants, partnerships, corporations, holders of practice privileges, other persons licensed, registered, or otherwise authorized to practice public accountancy under this chapter, and persons who are in violation of any provision of Article 5.1 (commencing with Section 5096). (Added by Stats. 2004, Ch. 921, Sec. 14. Effective January 1, 2005.)
  68. 512.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. )

    Verify source ↗

    Health care contracts generally may not include terms that stop, limit, or restrict a provider from advertising, subject to listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1.5. Advocacy for Appropriate Health Care [510 - 512] ( Article 1.5 added by Stats. 1994, Ch. 1119, Sec. 1. ) ## 512. (a) Except as provided in subdivisions (b) and (c), no contract that is issued, amended, renewed, or delivered on or after January 1, 1999, between any person or entity, including, but not limited to, any group of physicians and surgeons, any medical group, any independent practice association (IPA), or any preferred provider organization (PPO), and a health care provider shall contain provisions that prohibit, restrict, or limit the health care provider from advertising. (b) Nothing in this section shall be construed to prohibit the establishment of reasonable guidelines in connection with the activities regulated pursuant to this division, including those to prevent advertising that is, in whole or in part, untrue, misleading, deceptive, or otherwise inconsistent with this division or the rules and regulations promulgated thereunder. For advertisements mentioning a provider’s participation in a plan or product line of any person or entity, nothing in this section shall be construed to prohibit requiring each advertisement to contain a disclaimer to the effect that the provider’s services may be covered for some, but not all, plans or product lines of that person or entity, or that the person or entity may cover some, but not all, provider services. (c) Nothing in this section is intended to prohibit provisions or agreements intended to protect service marks, trademarks, trade secrets, or other confidential information or property. If a health care provider participates on a provider panel or network as a result of a direct contractual arrangement with a person or entity, including, but not limited to, any group of physicians and surgeons, any medical group, any independent practice association, or any preferred provider organization, that, in turn, has entered into a direct contractual arrangement with another person or entity, pursuant to which enrollees, subscribers, insureds, and other beneficiaries of that other person or entity may receive covered services from the health care provider, then nothing in this section is intended to prohibit reasonable provisions or agreements in the direct contractual arrangement between the health care provider and the person or entity that protect the name or trade name of the other person or entity or require that the health care provider obtain the consent of the person or entity prior to the use of the name or trade name of the person or entity in any advertising by the health care provider. (d) Nothing in this section shall be construed to impair or impede the authority of any state department to regulate advertising, disclosure, or solicitation pursuant to this division. (Added by Stats. 1998, Ch. 523, Sec. 2. Effective January 1, 1999.)
  69. 5120.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 7. Prohibitions and Offenses Against the Chapter Generally [5120 - 5122] ( Article 7 heading repealed and added by Stats. 1959, Ch. 310. )

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    A person who violates Article 3 is guilty of a misdemeanor. The board may report the facts to the local enforcement officer, who may start proceedings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 7. Prohibitions and Offenses Against the Chapter Generally [5120 - 5122] ( Article 7 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5120. Any person who violates Article 3 (commencing with Section 5050) is guilty of a misdemeanor, punishable by imprisonment for not more than six months, or by a fine of not more than one thousand dollars ($1,000), or both. Whenever the board has reason to believe that any person is liable to punishment under this article, the board or with its approval the enforcement advisory committee, may certify the facts to the appropriate enforcement officer of the city or county where the alleged violation had taken place and the officer may cause appropriate proceedings to be brought. (Amended by Stats. 2010, Ch. 415, Sec. 8. (SB 1491) Effective January 1, 2011.)
  70. 5121.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 7. Prohibitions and Offenses Against the Chapter Generally [5120 - 5122] ( Article 7 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Using certain accountant titles on signs or ads can be treated as prima facie evidence in proceedings under this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 7. Prohibitions and Offenses Against the Chapter Generally [5120 - 5122] ( Article 7 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5121. The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device, bearing a person’s name in conjunction with the words “certified public accountant” or any abbreviation thereof or the words “public accountant” or any abbreviation thereof shall be prima facie evidence in any prosecution, proceeding or hearing brought under this article that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement or other printed, engraved or written instrument or device. Any such display or uttering shall be prima facie evidence that the person whose name is so displayed holds themselves out as a certified public accountant, or a public accountant holding a permit to practice public accountancy in this state under the provisions of this chapter. In any prosecution or hearing under this chapter, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify a conviction without evidence of a general course of conduct. (Amended by Stats. 2023, Ch. 510, Sec. 85. (SB 887) Effective January 1, 2024.)
  71. 5122.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 7. Prohibitions and Offenses Against the Chapter Generally [5120 - 5122] ( Article 7 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may ask the court to stop acts or practices that are, or are about to be, offenses against this chapter, and the court must grant appropriate relief if the board makes the required showing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 7. Prohibitions and Offenses Against the Chapter Generally [5120 - 5122] ( Article 7 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5122. Whenever in the judgment of the board, or with its approval the enforcement advisory committee, any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, an offense against this chapter, the board may make application to the appropriate court for an order enjoining the acts or practices, and upon showing by the board that the person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order, or other order that may be appropriate shall be granted by the court. (Amended by Stats. 2010, Ch. 415, Sec. 9. (SB 1491) Effective January 1, 2011.)
  72. 5130.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board must charge and collect a fee from each certified public accountant applicant, and the application must be on a board-provided form.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5130. The board shall charge and collect a fee from each applicant for the certificate of certified public accountant. The fee shall accompany the application, which must be made on a form provided by the board. (Amended by Stats. 2018, Ch. 422, Sec. 3. (SB 1492) Effective January 1, 2019.)
  73. 5131.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may charge application and examination fees, and applicants must include the applicable fees with their application.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5131. (a) The board may charge and collect an application fee and an examination fee from each applicant. The applicable fees shall accompany the application which shall be made on a form provided by the board. (b) Notwithstanding any other provision of this chapter, the board may authorize an organization specified by the board pursuant to Section 5082.1 to receive directly from applicants payment of the examination fees charged by that organization as payment for examination materials and services. (Amended by Stats. 2003, Ch. 807, Sec. 14. Effective January 1, 2004.)
  74. 5132.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board must account for and report money it receives monthly to the Controller, and remit it to the State Treasury for the Accountancy Fund. The board’s secretary-treasurer must also prepare a financial report of the Accountancy Fund at least once each fiscal year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5132. (a) All moneys received by the board under this chapter from any source and for any purpose and from a temporary license issued under Section 115.6 shall be accounted for and reported monthly by the board to the Controller and at the same time the moneys shall be remitted to the State Treasury to the credit of the Accountancy Fund. (b) The secretary-treasurer of the board shall, from time to time, but not less than once each fiscal year, prepare or have prepared on their behalf, a financial report of the Accountancy Fund that contains information that the board determines is necessary for the purposes for which the board was established. (c) The report of the Accountancy Fund, which shall be published pursuant to Section 5008, shall include the revenues and the related costs from examination, initial licensing, license renewal, citation and fine authority, and cost recovery from enforcement actions and case settlements. (Amended by Stats. 2021, Ch. 693, Sec. 6. (AB 107) Effective January 1, 2022.)
  75. 5133.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. )

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    Money in the Accountancy Fund is appropriated to the California Board of Accountancy, and board or committee members are entitled to per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5133. All money in the Accountancy Fund is hereby appropriated to the California Board of Accountancy to carry out the provisions of this chapter. Each member of the board and each member of a committee shall receive a per diem and expenses as provided in Section 103. (Amended by Stats. 1999, Ch. 657, Sec. 29. Effective January 1, 2000.)
  76. 5134.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. )

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    This section sets the fees the board may charge for CPA examinations, certificates, registrations, renewals, and related services, and requires the board to keep any fee increases within the section’s limits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 8. Revenue [5130 - 5134] ( Article 8 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5134. The amount of fees prescribed by this chapter is as follows: (a) The fee to be charged to each applicant for the certified public accountant examination shall be fixed by the board at an amount not to exceed six hundred dollars ($600). The board may charge a reexamination fee not to exceed seventy-five dollars ($75) for each part that is subject to reexamination. (b) The application fee to be charged to each applicant for issuance of a certified public accountant certificate shall be fixed by the board at an amount not to exceed seven hundred dollars ($700). (c) After June 30, 2024, the fee to be charged to each applicant for registration as a partnership or professional corporation shall not be less than two hundred fifty dollars ($250) and shall not exceed two thousand dollars ($2,000). (d) (1) The biennial renewal fee for a certified public accountant to engage in the practice of public accountancy, as specified in Section 5070, shall be three hundred forty dollars ($340) for permits expiring after June 30, 2024. (2) The biennial renewal fee for a certified public accountant to engage in the practice of public accountancy, as specified in Section 5070, shall be four hundred dollars ($400) for permits expiring after June 30, 2026. (e) (1) The biennial renewal fee for a partnership or professional corporation shall be four hundred dollars ($400) for permits expiring after June 30, 2024. (2) The biennial renewal fee for a partnership or professional corporation shall be five hundred twenty dollars ($520) for permits expiring after June 30, 2026. (f) If the board has unencumbered funds in an amount that is equal to more than the board’s operating budget for the next two fiscal years, the board may fix the biennial renewal fees by regulation at an amount less than those identified in subdivision (d) for certified public accountants and subdivision (e) for partnerships and professional corporations. (g) The application fee to be charged to each applicant for a retired status license, as described in Section 5070.1, shall be fixed by the board at an amount not to exceed two hundred fifty dollars ($250). (h) The application fee to be charged to each applicant for restoration of a license in a retired status to an active status pursuant to subdivision (f) of Section 5070.1 shall be fixed by the board at an amount not to exceed one thousand dollars ($1,000). (i) The delinquency fee shall be 50 percent of the accrued renewal fee. (j) The initial permit fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the permit is issued, except that, if the permit is issued one year or less before it will expire, then the initial permit fee is an amount equal to 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the permit is issued. The board may, by regulation, provide for the waiver or refund of the initial permit fee where the permit is issued less than 45 days before the date on which it will expire. (k) The fee to be charged for the certification of documents evidencing passage of the certified public accountant examination, the certification of documents evidencing the grades received on the certified public accountant examination, or the certification of documents evidencing licensure shall be twenty-five dollars ($25). (l) The board shall fix the fees in accordance with the limits of this section and any increase in a fee fixed by the board shall be pursuant to regulation duly adopted by the board in accordance with the limits of this section. (m) It is the intent of the Legislature that, to ease entry into the public accounting profession in California, any administrative cost to the board related to the certified public accountant examination or issuance of the certified public accountant certificate that exceeds the maximum fees authorized by this section shall be covered by the fees charged for the biennial renewal of the permit to practice. (Amended by Stats. 2023, Ch. 723, Sec. 20.5. (SB 816) Effective January 1, 2024.)
  77. 5150.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    An accountancy corporation must be registered with the California Board of Accountancy and hold a currently effective certificate of registration to qualify, and it may practice accountancy subject to applicable statutes, rules, and regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5150. An accountancy corporation is a corporation which is registered with the California Board of Accountancy and has a currently effective certificate of registration from the board pursuant to the Moscone-Knox Professional Corporation Act, as contained in Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code, and this article. Subject to all applicable statutes, rules and regulations, an accountancy corporation is entitled to practice accountancy. With respect to an accountancy corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the California Board of Accountancy. (Amended by Stats. 2000, Ch. 1055, Sec. 4. Effective September 30, 2000.)
  78. 5151.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    An applicant for registration as an accountancy corporation must give the board requested documents and information, and the application must include required foreign-shareholder certificates, translations if needed, a signed verification, and a valid email address if one exists.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5151. An applicant for registration as an accountancy corporation shall supply to the board all necessary and pertinent documents and information requested by the board concerning the applicant’s plan of operation. The board may provide forms of application. If the board finds that the corporation is duly organized and existing under the General Corporation Law or the foreign corporation is duly qualified for the transaction of intrastate business pursuant to the General Corporation Law, that, except as otherwise permitted under Section 5053 or 5079, each officer, director, shareholder, or employee who will render professional services is a licensed person as defined in the Moscone-Knox Professional Corporation Act, or a person licensed to render the same professional services in the jurisdiction or jurisdictions in which the person practices, and that from the application it appears that the affairs of the corporation will be conducted in compliance with law and the rules and regulations of the board, the board shall upon payment of the registration fee in the amount as it may determine, issue a certificate of registration. The applicant shall include with the application for each shareholder of the corporation licensed in a foreign country but not in this state or in any other state, territory, or possession of the United States, a certificate from the authority in the foreign country currently having final jurisdiction over the practice of accounting, which shall verify the shareholder’s admission to practice in the foreign country, the date thereof, and the fact that the shareholder is currently in good standing as the equivalent of a certified public accountant or public accountant. If the certificate is not in English, there shall be included with the certificate a duly authenticated English translation thereof. The application shall be signed and verified by an officer of the corporation. At the time of application, if the corporation has a valid email address, it shall provide that email address to the board. (Amended by Stats. 2019, Ch. 359, Sec. 16. (AB 1521) Effective January 1, 2020.)
  79. 5152.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    Each accountancy corporation must file a report with the board when the board requires it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5152. Each accountancy corporation shall file with the board at the times the board may require a report containing information pertaining to qualification and compliance with the statutes, rules and regulations of the board as the board may determine. All reports shall be signed and verified by an officer of the corporation. (Amended by Stats. 1994, Ch. 1077, Sec. 4. Effective January 1, 1995.)
  80. 5152.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    Accountancy corporations must renew their permit every two years, pay the board-set renewal fee, and give the board a valid email address at renewal if they have one.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5152.1. Each accountancy corporation shall renew its permit to practice biennially and shall pay the renewal fee fixed by the board in accordance with Section 5134. At the time of renewal, if the corporation has a valid email address, it shall provide that email address to the board. (Amended by Stats. 2019, Ch. 359, Sec. 17. (AB 1521) Effective January 1, 2020.)
  81. 5154.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    Directors, shareholders, and officers of an accountancy corporation must be licensed persons, or licensed to provide the same professional services in the jurisdictions where they practice, unless the stated cross-references apply.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5154. Except as provided in Section 5079 of this code and in Section 13403 of the Corporations Code, each director, shareholder, and officer of an accountancy corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act, or a person licensed to render the same professional services in the jurisdiction or jurisdictions in which the person practices. (Amended by Stats. 2000, Ch. 1054, Sec. 10. Effective January 1, 2001.)
  82. 5155.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    An accountancy corporation may not let income from professional services for a disqualified shareholder benefit that shareholder or the shareholder’s shares.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5155. The income of an accountancy corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the Moscone-Knox Professional Corporation Act) shall not in any manner accrue to the benefit of such shareholder or his shares in the accountancy corporation. (Added by Stats. 1970, Ch. 1113.)
  83. 5156.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    An accountancy corporation must not engage in conduct that would be unprofessional conduct, and must follow applicable statutes, rules, and regulations while practicing. The board may suspend, revoke, or discipline an accountancy corporation, subject to the stated procedure rule.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5156. An accountancy corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes, rules and regulations to the same extent as a person holding a permit under Section 5070 of this code. The board shall have the same powers of suspension, revocation and discipline against an accountancy corporation as are now or hereafter authorized by Section 5100 of this code, or by any other similar statute against individual licensees, provided, however, that proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 1970, Ch. 1113.)
  84. 5157.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    The board may make and enforce rules for accountancy corporations, including rules that require certain stock to be sold and that require client claim security as a condition of certification.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5157. The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring (a) that the articles of incorporation or bylaws of an accountancy corporation shall include a provision whereby the capital stock of such corporation owned by a disqualified person (as defined in the Moscone-Knox Professional Corporation Act), or a deceased person, shall be sold to the corporation or to the remaining shareholders of such corporation within such time as such rules and regulations may provide, and (b) that an accountancy corporation as a condition of obtaining a certificate pursuant to the Moscone-Knox Professional Corporation Act and this article shall provide adequate security by insurance or otherwise for claims against it by its clients arising out of the rendering of professional services. (Added by Stats. 1970, Ch. 1113.)
  85. 5158.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. )

    Verify source ↗

    An office of an accountancy corporation that practices public accountancy in California must be managed by a certified public accountant or public accountant.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 9. Accountancy Corporations [5150 - 5158] ( Article 9 added by Stats. 1970, Ch. 1113. ) ## 5158. Each office of an accountancy corporation engaged in the practice of public accountancy in this state shall be managed by a certified public accountant or public accountant. (Added by Stats. 1978, Ch. 92.)
  86. 5200.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section says Chapter 2 of the Business and Professions Code is the chapter on advertisers and may be cited as the Outdoor Advertising Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5200. This chapter of the Business and Professions Code constitutes the chapter on advertisers. It may be cited as the Outdoor Advertising Act. (Repealed and added by Stats. 1970, Ch. 991.)
  87. 5201.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This article’s general provisions govern how the chapter is to be interpreted, unless the context requires otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5201. Unless the context otherwise requires, the general provisions set forth in this article govern the construction of this chapter. (Repealed and added by Stats. 1970, Ch. 991.)
  88. 5202.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “advertising display” as advertising structures and signs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5202. “Advertising display” refers to advertising structures and to signs. (Repealed and added by Stats. 1970, Ch. 991.)
  89. 5203.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “advertising structure” and lists several things it does not include.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5203. “Advertising structure” means a structure of any kind or character erected, used, or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. “Advertising structure” does not include: (a) Official notices issued by any court or public body or officer; (b) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; (c) Directional, warning or information structures required by or authorized by law or by federal, state or county authority. (d) A structure erected near a city or county boundary, which contains the name of such city or county and the names of, or any other information regarding, civic, fraternal or religious organizations located therein. (Amended by Stats. 1993, Ch. 991, Sec. 1. Effective January 1, 1994.)
  90. 5204.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “bonus segment” as a qualifying interstate highway segment meeting specified federal-law and right-of-way conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5204. “Bonus segment” means any segment of an interstate highway which was covered by the Federal Aid Highway Act of 1958 and the Collier-Z'berg Act, namely, any such segment which is constructed upon right-of-way, the entire width of which was acquired subsequent to July 1, 1956. (Repealed and added by Stats. 1970, Ch. 991.)
  91. 5205.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Defines “business area” as a place within 1,000 feet of certain commercial or industrial buildings or activities, with zoning limits or an unzoned commercial or industrial area.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5205. “Business area” means an area within 1,000 feet, measured in each direction, from the nearest edge of a commercial or industrial building or activity and which is zoned under authority of state law primarily to permit industrial or commercial activities or an unzoned commercial or industrial area. (Repealed and added by Stats. 1970, Ch. 991.)
  92. 5206.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “Centerline of the highway.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5206. “Centerline of the highway” means a line equidistant from the edges of the median separating the main traveled way of a divided highway, or the centerline of the main traveled way of a nondivided highway. (Repealed and added by Stats. 1970, Ch. 991.)
  93. 5208.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “Collier-Z'berg Act” as Chapter 128, Statutes of 1964 (First Extraordinary Session).

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5208. “Collier-Z'berg Act” refers to Chapter 128, Statutes of 1964 (First Extraordinary Session). (Repealed and added by Stats. 1970, Ch. 991.)
  94. 5208.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    In this section, “Department” means the Department of Transportation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5208.6. “Department” means the Department of Transportation. (Added by Stats. 1992, Ch. 649, Sec. 1. Effective January 1, 1993.)
  95. 5209.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “Director” as the Director of Transportation of the State of California.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5209. “Director” refers to the Director of Transportation of the State of California. (Amended by Stats. 1977, Ch. 579.)
  96. 5210.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “Federal Aid Highway Act of 1958” as Section 131 of Title 23 of the U.S. Code, as it existed before October 22, 1965.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5210. “Federal Aid Highway Act of 1958” refers to Section 131 of Title 23 of the United States Code, as in effect before October 22, 1965. (Repealed and added by Stats. 1970, Ch. 991.)
  97. 5211.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    “Flashing” means a light or message that changes more than once every four seconds.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5211. “Flashing” is a light or message that changes more than once every four seconds. (Added by Stats. 2000, Ch. 787, Sec. 1. Effective January 1, 2001.)
  98. 5212.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    For this chapter, “freeway” means a divided arterial highway for through traffic with full access control and grade separations at intersections.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5212. “Freeway,” for the purposes of this chapter only, means a divided arterial highway for through traffic with full control of access and with grade separations at intersections. (Repealed and added by Stats. 1970, Ch. 991.)
  99. 5213.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “highway” to include a broad list of roads, streets, lanes, trails, rights-of-way, and similar ways intended for public passage.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5213. “Highway” includes roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons. (Repealed and added by Stats. 1970, Ch. 991.)
  100. 5214.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “Highway Beautification Act of 1965” as Section 131 of Title 23 of the United States Code, as it read on October 22, 1965.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5214. “Highway Beautification Act of 1965” refers to Section 131 of Title 23 of the United States Code, as in effect October 22, 1965. (Repealed and added by Stats. 1970, Ch. 991.)
  101. 5215.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    “Interstate highway” is defined as a highway designated as part of the national interstate and defense highway system and approved by the appropriate federal authority.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5215. “Interstate highway” means any highway at any time officially designated as a part of the national system of interstate and defense highways by the director and approved by appropriate authority of the federal government. (Repealed and added by Stats. 1970, Ch. 991.)
  102. 5216.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “landscaped freeway” and limits when freeway planting changes that status.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5216. (a) “Landscaped freeway” means a section or sections of a freeway that is now, or hereafter may be, improved by the planting at least on one side or on the median of the freeway right-of-way of lawns, trees, shrubs, flowers, or other ornamental vegetation requiring reasonable maintenance. (b) Planting for the purpose of soil erosion control; traffic safety requirements, including light screening; reduction of fire hazards; covering soundwalls or fences; or traffic noise abatement shall not change the character of a freeway to a landscaped freeway. (c) Notwithstanding subdivision (a), if an agreement to relocate advertising displays from within one area of a city or county to an area adjacent to a freeway right-of-way has been entered into between a city or county and the owner of an advertising display, then a “landscaped freeway” shall not include the median of a freeway right-of-way. (Amended by Stats. 2018, Ch. 926, Sec. 1. (AB 3168) Effective January 1, 2019.)
  103. 5216.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    “Lawfully erected” means an advertising display complied with applicable state and local laws when built or was later brought into full compliance; the term does not cover displays later modified so they become illegal.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5216.1. “Lawfully erected” means, in reference to advertising displays, advertising displays which were erected in compliance with state laws and local ordinances in effect at the time of their erection or which were subsequently brought into full compliance with state laws and local ordinances, except that the term does not apply to any advertising display whose use is modified after erection in a manner which causes it to become illegal. There shall be a rebuttable presumption pursuant to Section 606 of the Evidence Code that an advertising display is lawfully erected if it has been in existence for a period of five years or longer without the owner having received written notice during that period from a governmental entity stating that the display was not lawfully erected. (Added by Stats. 1983, Ch. 653, Sec. 2.)
  104. 5216.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “main-traveled way” for highways.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5216.3. “Main-traveled way” is the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way. Main-traveled way does not include facilities such as frontage roads, ramps, auxiliary lanes, parking areas, or shoulders. (Added by renumbering Section 5216.2 by Stats. 2000, Ch. 787, Sec. 2. Effective January 1, 2001.)
  105. 5216.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “message center” as an advertising display whose message changes more often than every two minutes, but not more often than every four seconds.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5216.4. “Message center” is an advertising display where the message is changed more than once every two minutes, but no more than once every four seconds. (Added by Stats. 2000, Ch. 787, Sec. 5. Effective January 1, 2001.)
  106. 5216.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “nonconforming advertising display” as a display that was lawfully placed but no longer conforms to later-enacted chapter provisions or related regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5216.5. “Nonconforming advertising display” is an advertising display that was lawfully placed, but that does not conform to the provisions of this chapter, or the administrative regulations adopted pursuant to this chapter, that were enacted subsequent to the date of placing. (Added by renumbering Section 5216.3 by Stats. 2000, Ch. 787, Sec. 3. Effective January 1, 2001.)
  107. 5216.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “officially designated scenic highway or scenic byway.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5216.6. (a) “Officially designated scenic highway or scenic byway” is any state highway that has been officially designated and maintained as a state scenic highway pursuant to Sections 260, 261, 262, and 262.5 of the Streets and Highways Code or that has been officially designated a scenic byway as referred to in Section 131(s) of Title 23 of the United States Code. (b) “Officially designated scenic highway or scenic byway” does not include routes listed as part of the State Scenic Highway system, Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, unless those routes, or segments of those routes, have been designated as officially designated state scenic highways. (Amended by Stats. 2008, Ch. 179, Sec. 11. Effective January 1, 2009.)
  108. 5218.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “penalty segment” as certain highway segments in California that are covered by the Highway Beautification Act of 1965 but not by the Federal Aid Highway Act of 1958 or the Collier-Z'berg Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5218. “Penalty segment” means any segment of a highway located in this state which was not covered by the Federal Aid Highway Act of 1958 and the Collier-Z'berg Act but which is covered by the Highway Beautification Act of 1965, namely, any segment of an interstate highway which is constructed upon right-of-way, any part of the width of which was acquired prior to July 1, 1956, and any segment of a primary highway. (Repealed and added by Stats. 1970, Ch. 991.)
  109. 5219.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “person” to include a natural person, firm, cooperative, partnership, association, limited liability company, and corporation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5219. “Person” includes natural person, firm, cooperative, partnership, association, limited liability company, and corporation. (Amended by Stats. 1994, Ch. 1010, Sec. 9. Effective January 1, 1995.)
  110. 5220.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    “Primary highway” is defined as certain non-interstate highways in the federal-aid primary system and certain highways in the National Highway System.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5220. “Primary highway” means any highway, other than an interstate highway, designated as a part of the federal-aid primary system in existence on June 1, 1991, and any highway that is not in that system but which is in the National Highway System. (Amended by Stats. 1993, Ch. 1292, Sec. 1. Effective January 1, 1994.)
  111. 5221.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “sign” for outdoor advertising and lists several exclusions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5221. “Sign” refers to any card, cloth, paper, metal, painted or wooden sign of any character placed for outdoor advertising purposes on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure. “Sign” does not include any of the following: (a) Official notices issued by any court or public body or officer. (b) Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice. (c) Directional warning or information signs or structures required by or authorized by law or by federal, state or county authority. (d) A sign erected near a city or county boundary that contains the name of that city or county and the names of, or any other information regarding, civic, fraternal, or religious organizations located within that city or county. (Amended by Stats. 1998, Ch. 300, Sec. 1. Effective January 1, 1999.)
  112. 5222.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “660 feet from the edge of the right-of-way” as a horizontal measurement of 660 feet from the edge of the right-of-way, measured perpendicular to the highway centerline.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5222. “660 feet from the edge of the right-of-way” means 660 feet measured from the edge of the right-of-way horizontally along a line normal or perpendicular to the centerline of the highway. (Added by Stats. 1970, Ch. 991.)
  113. 5222.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “state highway system” as the state highway system described in Section 300 of the Streets and Highways Code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5222.1. “State highway system” means the state highway system as described in Section 300 of the Streets and Highways Code. (Added by Stats. 1993, Ch. 991, Sec. 6. Effective January 1, 1994.)
  114. 5223.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “unzoned commercial or industrial area” and excludes outdoor advertising businesses and wayside fresh product vending from “commercial or industrial activities.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5223. “Unzoned commercial or industrial area” means an area not zoned under authority of state law in which the land use is characteristic of that generally permitted only in areas which are actually zoned commercial or industrial under authority of state law, embracing all of the land on which one or more commercial or industrial activities are conducted, including all land within 1,000 feet, measured in each direction, from the nearest edge of the commercial or industrial building or activity on such land. As used in this section, “commercial or industrial activities” does not include the outdoor advertising business or the business of wayside fresh product vending. (Added by Stats. 1970, Ch. 991.)
  115. 5224.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    “Visible” means able to be seen without visual aid by a person with normal visual acuity.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5224. “Visible” means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. (Added by Stats. 1970, Ch. 991.)
  116. 5225.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section defines “to place” for advertising displays to include many ways of putting up or attaching a display, and it excludes routine message changes or customary maintenance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5225. The verb, “to place” and any of its variants, as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible any advertising display on or to the ground or any tree, bush, rock, fence, post, wall, building, structure or thing. It does not include any of the foregoing activities when performed incident to the change of an advertising message or customary maintenance of the advertising display. (Repealed and added by Stats. 1970, Ch. 991.)
  117. 5226.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section declares that regulating advertising displays next to interstate or primary highways is necessary for public safety, welfare, travel convenience, highway protection, and scenic preservation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5226. The regulation of advertising displays adjacent to any interstate highway or primary highway as provided in Section 5405 is hereby declared to be necessary to promote the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in such highways, to preserve the scenic beauty of lands bordering on such highways, and to insure that information in the specific interest of the traveling public is presented safely and effectively, recognizing that a reasonable freedom to advertise is necessary to attain such objectives. The Legislature finds: (a) Outdoor advertising is a legitimate commercial use of property adjacent to roads and highways. (b) Outdoor advertising is an integral part of the business and marketing function, and an established segment of the national economy, and should be allowed to exist in business areas, subject to reasonable controls in the public interest. (Repealed and added by Stats. 1970, Ch. 991.)
  118. 5227.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The Legislature says this chapter generally occupies the whole field of advertising regulation, but counties may still enforce the chapter through designated persons and may adopt certain reasonable zoning or building ordinances affecting advertising displays and related signs or structures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5227. It is the intention of the Legislature to occupy the whole field of regulation by the provisions of this chapter except that nothing in this chapter prohibits enforcement of any or all of its provisions by persons designated so to act by appropriate ordinances duly adopted by any county of this state nor does anything prohibit the passage by any county of reasonable land use or zoning regulations affecting the placing of advertising displays in accordance with the provisions of the Planning Law, Chapter 1 (commencing with Section 65000) of Title 7 of the Government Code, relating to zoning, or, with reference to signs or structures pertaining to the business conducted or services rendered or goods produced or sold upon the property upon which such advertising signs or structures are placed, ordinances subjecting such signs or structures to building requirements. (Repealed and added by Stats. 1970, Ch. 991.)
  119. 5228.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The Legislature states that this chapter is intended to set minimum standards for advertising displays next to certain highways.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5228. It is declared to be the intent of the Legislature in enacting the provisions of this chapter regulating advertising displays adjacent to highways included in the national system of interstate and defense highways or the federal-aid primary highway system to establish minimum standards with respect thereto. (Added by Stats. 1970, Ch. 991.)
  120. 5229.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section says the chapter does not allow a person to put up or keep outdoor advertising that is prohibited by law or local ordinance near streets, roads, or highways.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5229. The provisions of this chapter shall not be construed to permit a person to place or maintain in existence on or adjacent to any street, road or highway, including any interstate or state highway, any outdoor advertising prohibited by law or by any ordinance of any city, county or city and county. (Repealed and added by Stats. 1970, Ch. 991.)
  121. 5230.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Local governments may adopt stricter advertising-display ordinances if Section 5412 is complied with, and they may not allow advertising displays that violate this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5230. The governing body of any city, county, or city and county may enact ordinances, including, but not limited to, land use or zoning ordinances, imposing restrictions on advertising displays adjacent to any street, road, or highway equal to or greater than those imposed by this chapter, if Section 5412 is complied with. No city, county, or city and county may allow an advertising display to be placed or maintained in violation of this chapter. (Amended by Stats. 1983, Ch. 653, Sec. 5.)
  122. 5231.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A city or city and county governing body may adopt local ordinances that require licenses or permits, or both, for advertising displays visible from highways within its boundaries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 1. General Provisions [5200 - 5231] ( Article 1 added by Stats. 1970, Ch. 991. ) ## 5231. The governing body of any city or city and county may enact ordinances requiring licenses or permits, or both, in addition to those imposed by this chapter, for the placing of advertising displays in view of any highway, including a highway included in the national system of interstate and defense highways or the federal-aid primary highway system, within its boundaries. (Amended by Stats. 1983, Ch. 653, Sec. 6.)
  123. 525.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 2. Eyeglasses [525 - 527] ( Article 2 added by Stats. 1963, Ch. 1380. )

    Verify source ↗

    A dispensing optician, optometrist, or physician and surgeon may not dispense, prescribe, or sell eyeglasses for certain people unless the lenses and frames meet specified shatter-resistant and nonflammable requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 2. Eyeglasses [525 - 527] ( Article 2 added by Stats. 1963, Ch. 1380. ) ## 525. No dispensing optician, optometrist, or physician and surgeon shall dispense, prescribe, or sell any eyeglasses for use of a person whose sight is limited to one eye, a person who is a member of the California Highway Patrol or of a county sheriff’s office, a city police officer, a person who is a firefighter employed by the fire department of a city, county, city and county, or fire protection district and who normally wears such glasses for on-duty employment, or a person who is under 18 years of age, unless such eyeglasses are made with case-hardened lenses, with lenses made of laminated glass, with lenses made of resin material, or with lenses made of any other material resistant to shattering and which shall not be installed in frames manufactured of flammable material. (Amended by Stats. 2021, Ch. 630, Sec. 7. (AB 1534) Effective January 1, 2022.)
  124. 5250.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director may issue orders and regulations to enforce this chapter and may authorize the Department of Transportation to enforce its provisions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. ) ## 5250. The director may make orders and regulations for the enforcement of this chapter and may authorize the Department of Transportation to enforce its provisions. (Amended by Stats. 1982, Ch. 681, Sec. 1.)
  125. 5251.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Certain pre-1967 director regulations about interstate highways remain in effect if needed to satisfy a specified federal agreement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. ) ## 5251. Regulations promulgated by the director prior to November 8, 1967, concerning interstate highways constructed upon rights-of-way, the entire width of which was acquired after July 1, 1956, shall be continued in effect to the extent necessary to comply with the agreement with the Secretary of Commerce specified in Section 131(j) of Title 23 of the United States Code. (Repealed and added by Stats. 1970, Ch. 991.)
  126. 5252.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director must prescribe the form of all applications, licenses, permits, and related written materials.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. ) ## 5252. The director shall prescribe the form of all applications, licenses, permits and other appurtenant written matter. (Repealed and added by Stats. 1970, Ch. 991.)
  127. 5253.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director must provide required forms for applications, licenses, and permits, and may appoint county agents to issue them and collect fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. ) ## 5253. The director shall furnish requisite forms for applications, licenses and permits provided for in this chapter and may appoint a representative or agent in each of the counties throughout the state for the purpose of issuing the licenses and permits and collecting fees therefor as provided in this chapter. The agent or representative, in the discretion of the director, may be the county clerk in each county. In the event of the appointment of the county clerk in any county by the director, the county clerk shall so act. Upon the issuance of any such license or permit by the authorized agent of the director, the agent shall immediately forward a copy thereof to the director. (Repealed and added by Stats. 1970, Ch. 991.)
  128. 5254.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director may enforce penalties for failing to comply with this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 2. Administration [5250 - 5254] ( Article 2 added by Stats. 1970, Ch. 991. ) ## 5254. The director may enforce the penalties for failure to comply with the provisions of this chapter. (Repealed and added by Stats. 1970, Ch. 991.)
  129. 526.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 2. Eyeglasses [525 - 527] ( Article 2 added by Stats. 1963, Ch. 1380. )

    Verify source ↗

    Certain eye-care professionals are not subject to disciplinary action under this article unless they knew, or were told, that the eyeglasses were for a covered person or a minor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 2. Eyeglasses [525 - 527] ( Article 2 added by Stats. 1963, Ch. 1380. ) ## 526. A dispensing optician, optometrist, or physician and surgeon shall not be subject to disciplinary action under this article unless they are informed by the person obtaining the eyeglasses or they have personal knowledge that the eyeglasses are for a person whose sight is limited to one eye, a person who is a member of the California Highway Patrol or of a county sheriff’s office, a city police officer, or a firefighter employed by the fire department of a city, county, city and county, or fire protection district, or a person who is under 18 years of age. A dispensing optician, optometrist, or physician and surgeon is not required under this article to make any independent investigation of the occupation of the person for whom eyeglasses are intended or as to whether or not the sight of such person is limited to one eye. (Amended by Stats. 2021, Ch. 630, Sec. 8. (AB 1534) Effective January 1, 2022.)
  130. 527.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 2. Eyeglasses [525 - 527] ( Article 2 added by Stats. 1963, Ch. 1380. )

    Verify source ↗

    If a dispensing optician, optometrist, or physician and surgeon violates this article, the board that issued the person’s license, registration, or certificate may take disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 2. Eyeglasses [525 - 527] ( Article 2 added by Stats. 1963, Ch. 1380. ) ## 527. Any dispensing optician, optometrist, or physician and surgeon who violates this article is subject to disciplinary action by the board that issues their license, registration, or certificate to engage in practice. (Amended by Stats. 2021, Ch. 630, Sec. 9. (AB 1534) Effective January 1, 2022.)
  131. 5270.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This chapter’s regulation of advertising displays in unincorporated areas visible from the state’s public highways is exclusive of other state or local regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5270. The regulation of the placing of advertising displays by this chapter, insofar as such regulation may affect the placing of advertising displays within view of the public highways of this state in unincorporated areas, shall be exclusive of all other regulations for the placing of advertising displays within view of the public highways of this state in unincorporated areas whether fixed by a law of this state or by a political subdivision thereof. (Repealed and added by Stats. 1970, Ch. 991.)
  132. 5271.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This chapter generally applies only to advertising displays visible from highways in unincorporated areas, with a special rule for displays within 660 feet of interstate or primary highway rights-of-way.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5271. Except as otherwise provided in this chapter, the provisions of this chapter apply only to the placing of advertising displays within view of highways located in unincorporated areas of this state, except that the placing of advertising displays within 660 feet from the edge of the right-of-way of, and the copy of which is visible from, interstate highways or primary highways, including the portions of such highways located in incorporated areas, shall be governed by this chapter. (Amended by Stats. 1980, Ch. 1278, Sec. 2.)
  133. 5272.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section mostly exempts certain advertising displays from the chapter, but imposes conditions for arena-related displays and requires removal of advertising copy if federal notice triggers the cease of authorization.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 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 on 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 this exemption 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 on 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. (5) To display only noncommercial public health, emergency, and safety messages from the County of San Joaquin, on public property and equipment owned and operated by the County of San Joaquin in conformance with state law, federal law, regulations, and agreements. (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 advertise products, goods, or services sold by persons on the premises of an arena on a regular basis, or to advertise 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, 2021, 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, 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 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, 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, 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 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, county, or city and county in which the arena is located. The development project or district shall be contiguous and shall 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 120 days. (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, county, or city and county. (g) If an advertising display authorized under subdivision (b) is subject to a notice from the United States 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 state notifies the display owner of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this subdivision shall result in a civil fine, imposed by the department, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The 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. (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. (Amended by Stats. 2025, Ch. 67, Sec. 10. (AB 1170) Effective January 1, 2026.)
  134. 5272.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Some advertising displays at qualifying multimodal transit facilities are exempt from this chapter, but only if the listed facility and ordinance requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5272.1. (a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 and 5404, inclusive, nothing contained in this chapter applies to any advertising display that is exclusively on public property upon which is located a multimodal transit facility. (b) This section applies to advertising displays only if the multimodal transit facility meets the following requirements: (1) It is publicly owned and operated and is located on public land. (2) It is identified as a critical component in the region’s sustainable communities strategy, as described in Section 65080 of the Government Code. (3) One of the modes of transportation served at the multimodal transit facility is passenger rail. (4) It is a current or future station for the high-speed train system in the corridor identified in paragraph (2) of subdivision (b) of Section 2704.04 of the Streets and Highways Code. (c) To advertise any products, goods, or services on an advertising display pursuant to this section, all of the following shall apply: (1) The advertising display shall be on the same side of the highway and within 1,000 feet of an entrance to a multimodal transit facility that meets the requirements of subdivision (b). (2) The advertising display shall not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material. (3) Beyond the cost of erection, revenues from the advertising display shall be used to support the construction, operations, and maintenance of the multimodal transit facility. (4) The advertising display shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States 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 as provided in Section 131 of Title 23 of the United States Code, the display owner shall remove all advertising copy from the display within 60 days after the state notifies the display owner of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph 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 department shall not assume any liability in connection with cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. (d) Any advertising display erected pursuant to this section 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, county, or city and county, as applicable, that regulates advertising displays by either identifying the specific displays or by establishing regulations that include, at a minimum, all of the following: (1) The number of signs and total signage area allowed. (2) The maximum individual signage area. (3) Minimum sign separation. (4) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness. (5) Illuminated sign hours of operation. (e) Authorization of an advertising display under this section shall also be subject to the owner of the display submitting, to the High-Speed Rail Authority, a copy of the ordinance authorizing the display that has been adopted by the applicable city, county, or city and county pursuant to subdivision (d). The High-Speed Rail Authority shall review and certify that the proposed display and the ordinance meet the minimum requirements of this section, including that the multimodal transit facility is or will be a current or future station for the high-speed train system pursuant to paragraph (4) of subdivision (b). (f) The city, county, or city and county adopting the ordinance authorizing the displays erected pursuant to this section shall have the 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 are in conformance and shall remain in conformance with all provisions of the ordinance and of this section within 30 days of receipt of a written notice from the department, that one or more displays are out of conformance 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. (g) Nothing in this section limits a city or county from adopting an ordinance prohibiting or further restricting the size, number, or types of advertising displays authorized by this section. (h) Any law that applies to advertising displays authorized pursuant to Section 5272 shall also apply to this section. (Added by Stats. 2013, Ch. 545, Sec. 1. (SB 694) Effective January 1, 2014.)
  135. 5272.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

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    This section creates an exception from the chapter for certain Los Angeles advertising displays, but only if listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5272.2. (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 located in the geographic area in the City of Los Angeles bounded by Wilshire Boulevard on the northeast, S. Figueroa Street on the southeast, Interstate 10 on the southwest, and State Route 110 on the northwest, or to any advertising display located in the geographic area in the City of Los Angeles on the westerly side of State Route 110 bounded by West 8th Place, James M. Wood Boulevard, and Golden Avenue and bounded by 7th Street, South Bixel Street, West 8th Street, and Garland Avenue, or to any advertising display located in the geographic area in the City of Los Angeles on the westerly side of State Route 101 bounded by West Sunset Boulevard, North Bronson Avenue, Harold Way, and North Van Ness Avenue, and bounded by State Route 101, Vista Del Mar Avenue, Yucca Street, and Argyle Avenue, if all of the following conditions are met: (1) (A) The advertising display is authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, adopted by the City of Los Angeles that regulates advertising displays by identifying the specific displays or establishing a set of regulations that include, at a minimum, all of the following: (i) Number of signs and total signage area allowed. (ii) Maximum individual signage area. (iii) Minimum sign separation. (iv) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness. (v) Illuminated sign hours of operation. (B) The ordinance adopted by the City of Los Angeles described in this paragraph may authorize a framework of allowable signage that preserves flexibility in the ultimate placement, sizing, and scope of advertising displays, so long as those displays remain within the adopted limits and conditions described in this section. (C) The ordinance adopted by the City of Los Angeles described in this paragraph may define a range or maximum signage capacity with which the City of Los Angeles and its designated partners may subsequently determine the final placement, size, and configuration of advertising displays. (2) The owner of the advertising display has submitted to the department a copy of the ordinance adopted by the City of Los Angeles authorizing the advertising display and identification of the provisions of the ordinance required under paragraph (1) and the department has certified that the ordinance meets the minimum requirements contained in paragraph (1). (3) The advertising display will not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material. (4) (A) Except as otherwise provided in subparagraph (B), there shall be at least 500 feet between any two advertising displays located on the same side of the freeway unless the advertising displays are separated by buildings or other obstructions in a manner that only one of the advertising displays is visible from any given location on the freeway. For purposes of determining compliance with the spacing requirement, the distance between advertising displays shall be measured along the nearest edge of pavement between points directly opposite the advertising displays along each side of the freeway. (B) The spacing requirement in subparagraph (A) does not apply to an advertising display that advertises only the business conducted, services rendered, or goods produced and sold upon the property upon which the advertising display is located and that, accordingly, is not subject to the requirements of this chapter. (C) When counting the number of advertising displays and measuring the distance between them for purposes of subparagraph (A), the advertising displays described in subparagraph (B) shall be excluded from the count, and no measurements shall be made relative to the excluded advertising displays for purposes of subparagraph (A). (5) This chapter does not limit the City of Los Angeles from adopting ordinances prohibiting or further restricting the size, number, or type of advertising displays permitted by this section. The City of Los Angeles may also adopt implementing ordinances that sequence or phase the authorization of advertising displays over time, provided that the total number, size, and area of those displays do not exceed the maximum limits certified under this section. (6) If the advertising display is a message center, the owner of the display shall do one of the following: (A) Make the message center display 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. (B) Make 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. (C) Provide 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 development of the property on which the message center display is located by the City of Los Angeles. (b) (1) Before the advertising display authorized pursuant to subdivision (a) may be placed, the department shall determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department. (2) If the department is unable to make the determination required pursuant to paragraph (1), the department shall request the Federal Highway Administration (FHWA) of the United States Department of Transportation to make the determination. Upon receipt of a determination by the FHWA that makes the finding described in paragraph (1), the advertising display may be placed. (c) The City of Los Angeles shall have primary responsibility for ensuring that a display authorized pursuant to subdivision (a) remains in conformance with all provisions of the ordinance and of this section. If the City of Los Angeles fails to ensure that the display remains 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 of Los Angeles 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. (Amended by Stats. 2025, Ch. 707, Sec. 1. (AB 770) Effective October 13, 2025.)
  136. 5272.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

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    When renegotiating its agreement with the Federal Highway Administration, the department must prioritize support for advertising displays at arenas.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5272.5. The department shall, when renegotiating an agreement with the Federal Highway Administration on the state’s obligations pursuant to the Highway Beautification Act of 1965 (23 U.S.C. Sec. 131), include among its priorities support for advertising displays at arenas, as described in Section 5272. (Amended by Stats. 2025, Ch. 67, Sec. 11. (AB 1170) Effective January 1, 2026.)
  137. 5273.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

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    Certain qualifying advertising displays may continue as on-premises displays, but if federal notice is received, the owner or operator must remove all advertising copy within 60 days or face a $10,000-per-day civil fine.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5273. (a) Notwithstanding the dissolution of a state redevelopment agency and subject to subdivision (b), for purposes of this chapter, an advertising display advertising the businesses and activities developed within the boundary limits of, and as a part of, an individual redevelopment agency project, as those boundaries existed on December 29, 2011, and which was in use as of December 31, 2022, may continue to exist and be considered an on-premises display, as defined in Section 5490, and subject to the provisions of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, if the advertising display meets all of the following conditions: (1) The advertising display is located within the boundary limits of the former project. (2) The advertising display was constructed on or before January 1, 2012. (3) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States 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 as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the applicable city, county, or city and county, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph 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 department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the applicable city, county, or city and county. (b) An advertising display described in subdivision (a) may remain until January 1, 2026. (c) The applicable city, county, or city and county shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter. (d) The applicable city, county, or city and county authorizing an advertising display placed pursuant to this section shall have primary responsibility for ensuring that the display remains in conformance with all provisions of this section. If the city, county, or city and county fails to do so within 30 days of the date of mailing of a notice to the city, county, or city and county by 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 this section or to defend actions challenging the authorization of displays pursuant to this section. (Amended by Stats. 2023, Ch. 361, Sec. 1. (AB 1175) Effective January 1, 2024.)
  138. 5273.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

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    Certain Inglewood advertising displays may keep operating if they meet listed location, construction, and highway-funding conditions, but copy must be removed quickly if federal funding reduction notice is received.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5273.1. (a) Notwithstanding Section 5273 and the dissolution of a state redevelopment agency, and subject to subdivision (b), for purposes of this section, an advertising display location that advertised businesses and activities within the boundary limits of the City of Inglewood may continue to exist and advertise businesses or activities operating outside the redevelopment project area. It shall be considered an on-premises display, as defined in Section 5490, if the advertising display meets all of the following conditions: (1) The advertising display is located within the boundary limits of the City of Inglewood. (2) The advertising display was constructed on or before January 1, 2012. (3) The advertising display is adjacent to Interstate 405 and located at either postmile 22.36L or 22.38L north of Century Boulevard. (4) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States 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 as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the City of Inglewood, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph 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 department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the City of Inglewood. (b) An advertising display described in subdivision (a) may remain until January 1, 2023, after which date the display shall be removed, unless it otherwise qualifies as a lawful advertising display pursuant to this section, without the payment of any compensation to the owner or operator. On and after January 1, 2022, the City of Inglewood may for good cause request from the department an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. “Good cause” for these purposes means that all of the following are satisfied: (1) there has been a finding by the City of Inglewood that the advertising display has had a positive economic impact on the redevelopment project area and provides a public benefit, (2) there have been no violations by the display owner or operator of this section or of any applicable illumination standards in the previous 10 years that have not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department, and (3) there has been compliance by the owner and operator with all other standards adopted by the City of Inglewood or by the department. (c) The City of Inglewood shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter. (d) The City of Inglewood shall annually certify to the department, by December 31 of each year, that at least 10 percent of the advertising copy, up to a maximum of 100 square feet, is used to display the address or location or locations of the business or activity or to identify the route to the business or activity from the nearest freeway offramp. The department may independently review compliance with this certification. An advertising display subject to this section shall be removed if it is in violation of this section more than three times within a 10-year period and the violation has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department. (e) The City of Inglewood shall have primary responsibility for ensuring that the advertising display authorized pursuant to this section remains in conformance with all of the provisions of this section. If the City of Inglewood fails to do so within 30 days of the date of mailing of a notice to the city by the department, the city shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with this section or to defend actions challenging the authorization of displays pursuant to this section. (Added by Stats. 2016, Ch. 869, Sec. 1. (SB 1199) Effective January 1, 2017.)
  139. 5273.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    In specified cities, a redevelopment agency governing body must submit a permit application when approving certain advertising displays, and the department may deny the application only for the stated violations or funding impact reasons.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5273.5. (a) Notwithstanding Section 5273, for the purposes of this chapter, in the City of Buena Park in Orange County, the Cities of Commerce, Covina, and South Gate in Los Angeles County, and the City of Victorville in San Bernardino County, advertising displays advertising those businesses and activities developed within the boundary limits of, and as a part of, any redevelopment agency project area or areas may, with the consent of the redevelopment agency governing the project area, be considered to be on the premises anywhere within the legal boundaries of the redevelopment agency’s project area or areas for a period not to exceed 10 years or the completion of the project, whichever occurs first, after which Sections 5272 and 5405 apply, unless an arrangement has been made for extension of the period between the redevelopment agency and the department for good cause. (b) The governing body of a redevelopment agency in the cities set forth in subdivision (a), upon approving the purchase, lease, or other authorization for the erection of an advertising display pursuant to this section, shall prepare, adopt, and submit to the department an application for the issuance of a permit that, at a minimum, includes a finding that the advertising display would not result in a concentration of displays that will have a negative impact on the safety or aesthetic quality of the community. The department shall only deny the application if the proposed structure violates Sections 5400 to 5405, inclusive, or subdivision (d) of Section 5408, or if the display would cause a reduction in federal-aid highway funds as provided in Section 131 of Title 23 of the United States Code. (Added by Stats. 1999, Ch. 818, Sec. 2. Effective January 1, 2000.)
  140. 5274.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

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    This section exempts certain on-premises advertising displays in business centers from most provisions of the chapter if specified location, zoning, notice, consolidation, and highway-funding conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5274. (a) None of the provisions of this chapter, except those in Article 4 (commencing with Section 5300), Sections 5400 to 5404, inclusive, and subdivision (d) of Section 5405, apply to an on-premises advertising display that is visible from an interstate or primary highway and located within a business center, if the display is placed and maintained pursuant to Chapter 2.5 (commencing with Section 5490) and meets all of the following conditions: (1) The display is placed within the boundaries of an individual development project, as defined in Section 65928 of the Government Code, for commercial, industrial, or mixed commercial and industrial purposes, as shown on a subdivision or site map approved by a city, county, or city and county, and is developed and zoned for those purposes. (2) The display identifies the name of the business center, if named. (3) Each business identified on the display is located within the business center and on the same side of an interstate or primary highway where the display is located. (4) The governing body of the city, county, or city and county has adopted ordinances for the display pursuant to Sections 5230 and 5231 for the area where the display will be placed, and the display meets city, county, or city and county ordinances. (5) The display results in a consolidation of allowable displays within the business center, so that fewer displays will be erected as a result of the display. (6) Placement of the display does not cause a reduction of federal aid highway funds as provided in Section 131 of Title 23 of the United States Code. (Amended by Stats. 1997, Ch. 471, Sec. 1. Effective January 1, 1998. Note: Sec. 3 of Ch. 471 repealed Sec. 3 of Stats. 1996, Ch. 495, which otherwise would have repealed, on January 1, 1999, the addition of this section by Sec. 1 of Ch. 495.)
  141. 5275.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director may not regulate noncommercial, protected speech inside advertising displays that are authorized by or exempted from this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 3. Application of Chapter [5270 - 5275] ( Article 3 added by Stats. 1970, Ch. 991. ) ## 5275. Notwithstanding any other provision of this chapter, the director may not regulate noncommercial, protected speech contained within any advertising display authorized by, or exempted from, this chapter. (Added by Stats. 2007, Ch. 81, Sec. 1. Effective January 1, 2008.)
  142. 5300.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 4. Licenses [5300 - 5303] ( Article 4 added by Stats. 1970, Ch. 991. )

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    This section says when a person is considered to be in the business of outdoor advertising, and it creates a carve-out for certain manufacturers or distributors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 4. Licenses [5300 - 5303] ( Article 4 added by Stats. 1970, Ch. 991. ) ## 5300. (a) A person engages in the business of outdoor advertising whenever, personally or through employees, that person places an advertising display, changes the advertising message of an advertising display that does not pertain exclusively to that person’s business and is visible to a state highway or freeway. (b) A manufacturer or distributor of a product for sale to the general public does not engage in the business of outdoor advertising when furnishing a sign pertaining to the product to a retailer of that product for installation on the retailer’s place of business or when installing on the retailer’s place of business a sign containing advertising pertaining to the product, the name or the business of the retailer. (Amended by Stats. 2000, Ch. 787, Sec. 8. Effective January 1, 2001.)
  143. 5301.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 4. Licenses [5300 - 5303] ( Article 4 added by Stats. 1970, Ch. 991. )

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    A person may not run an outdoor advertising business without first paying the required license fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 4. Licenses [5300 - 5303] ( Article 4 added by Stats. 1970, Ch. 991. ) ## 5301. No person shall engage in or carry on the business or occupation of outdoor advertising without first having paid the license fee provided by this chapter. The fee is payable annually in advance on the first day of July of each year to the director or his authorized agent. Each license shall remain in force for the term of one year from and after the first day of July, and may be renewed annually. A license shall be obtained whether or not the advertising display requires a permit. (Added by Stats. 1970, Ch. 991.)
  144. 5302.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 4. Licenses [5300 - 5303] ( Article 4 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Licenses issued on or after July 1 expire on June 30 of the following year, and original license fees for licenses issued after July 1 are prorated by month for the rest of the fiscal year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 4. Licenses [5300 - 5303] ( Article 4 added by Stats. 1970, Ch. 991. ) ## 5302. All licenses issued on or after the first day of July shall expire on the 30th day of June following the date of issue. Fees for original licenses issued after the first day of July of each year shall be apportioned and collected on the basis of one-twelfth of the fee for each month or part thereof remaining in the fiscal year. (Added by Stats. 1970, Ch. 991.)
  145. 5303.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 4. Licenses [5300 - 5303] ( Article 4 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    License applications must use a form furnished by the director and include the applicant’s name, business address, and a certification of awareness of the chapter and related regulations. A license also lets the holder operate in outdoor advertising and apply for permits while the license is active.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 4. Licenses [5300 - 5303] ( Article 4 added by Stats. 1970, Ch. 991. ) ## 5303. Every application for a license shall be made on a form to be furnished by the director. It shall state the full name of the applicant and the post office address of his fixed place of business and shall contain a certification that the applicant has obtained a copy of the provisions of this chapter and any regulations adopted thereunder and is aware of their contents. The issuance of a license entitles the holder to engage in or carry on the outdoor advertising business and to apply for permits during the term of the license. (Amended by Stats. 1983, Ch. 653, Sec. 8.)
  146. 5350.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A person may not place an advertising display in the covered areas of this chapter in California unless they first get a written permit from the director or the director’s authorized agent.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5350. No person shall place any advertising display within the areas affected by the provisions of this chapter in this state without first having secured a written permit from the director or from his authorized agent. (Added by Stats. 1970, Ch. 991.)
  147. 5351.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A person seeking a permit to place an advertising display must file an application with the director or the director’s authorized agent.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5351. Every person desiring a permit to place any advertising display shall file an application with the director or with his authorized agent. (Amended by Stats. 1984, Ch. 1003, Sec. 1. Effective September 11, 1984.)
  148. 5353.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    An applicant must file the permit application on a blank form furnished by the director or the director’s agent, and the application must include the applicant’s name and address, a general property description, and a diagram showing the proposed advertising display location.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5353. The application shall be filed on a blank to be furnished by the director or by his agent. It shall set forth the name and address of the applicant and shall contain a general description of the property upon which it is proposed to place the advertising display for which a permit is sought and a diagram indicating the location of the proposed advertising display on the property, in such a manner that the property and the location of the proposed advertising display may be readily ascertained and identified. (Added by Stats. 1970, Ch. 991.)
  149. 5354.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Permit applicants must provide written proof that the property holder and the city or county have consented to the advertising display. On request by the city or county, the department must reserve the location and may not issue another permit for up to 90 days, with a possible 30-day extension for extenuating circumstances.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5354. (a) The applicant for any permit shall offer written evidence that both the owner or other person in control or possession of the property upon which the location is situated and the city or the county with land use jurisdiction over the property upon which the location is situated have consented to the placing of the advertising display. (b) At the written request of the city or county with land use jurisdiction over the property upon which a location is situated, the department shall reserve the location and shall not issue a permit for that location to any applicant, other than the one specified in the request, in advance of receiving written evidence as provided in subdivision (a) and for a period of time not to exceed 90 days from the date the department received the request. (c) In addition to the 90-day period set forth in subdivision (b), an additional period of 30 days may be granted at the discretion of the department upon any proof, satisfactory to the department and provided by the city or county making the original request for a 90-day period, of the existence of extenuating circumstances meriting an additional 30 days. There shall be a conclusive presumption in favor of the department that the granting or denial of the request for an additional 30 days was made in compliance with this subdivision. (Amended by Stats. 2002, Ch. 972, Sec. 2. Effective January 1, 2003.)
  150. 5355.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    An application for a permit to place a display must include a description of the display.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5355. An application for a permit to place a display shall contain a description of the display, including its material, size, and subject and the proposed manner of placing it. (Amended by Stats. 1983, Ch. 653, Sec. 10.)
  151. 5357.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    If the permit applicant is in the outdoor advertising business, the application must include the license number issued by the director.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5357. If the applicant for a permit is engaged in the outdoor advertising business, the application shall contain the number of the license issued by the director. (Added by Stats. 1970, Ch. 991.)
  152. 5358.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    If the application complies with the chapter, the display would not violate other state law, and the fee is paid, the director or authorized agent must issue the permit within 10 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5358. When the application is in full compliance with this chapter and if the advertising display will not be in violation of any other state law, the director or the director’s authorized agent shall, within 10 days after compliance and upon payment by the applicant of the fee provided by this chapter, issue a permit to place the advertising display for the remainder of the calendar year in the year in which the permit is issued and for an additional four calendar years. (Amended by Stats. 1997, Ch. 152, Sec. 1. Effective January 1, 1998.)
  153. 5359.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A permit for an advertising display lets the permit holder change the advertising copy without getting a new permit or paying an extra fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5359. (a) The issuance of a permit for the placing of an advertising display includes the right to change the advertising copy without obtaining a new permit and without the payment of any additional permit fee. (b) The issuance of a permit does not affect the obligation of the owner of the advertising display to comply with a zoning ordinance applicable to the advertising display under the provisions of this chapter nor does the permit prevent the enforcement of the applicable ordinance by the county. (Amended by Stats. 1997, Ch. 152, Sec. 2. Effective January 1, 1998.)
  154. 5360.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director must set a five-year permit renewal term and adopt renewal regulations that allow late renewal within up to one year after permit expiration. Permits not renewed after January 1, 1993 are deemed revoked.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5360. (a) The director shall establish a permit renewal term of five years, which shall be reflected on the face of the permit. (b) The director shall adopt regulations for permit renewal that include procedures for late renewal within a period not to exceed one year from the date of permit expiration. Any permit that was not renewed after January 1, 1993, is deemed revoked. (Repealed and added by Stats. 1997, Ch. 152, Sec. 4. Effective January 1, 1998.)
  155. 5361.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Each permit must carry an identification number, and the holder is entitled to place the advertising display described in the application.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5361. Each permit provided in this chapter shall carry an identification number and shall entitle the holder to place the advertising display described in the application. (Added by Stats. 1970, Ch. 991.)
  156. 5362.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A person may not place an advertising display unless the front of the display has an identification number plate of the kind described in Section 5363.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5362. No person shall place any advertising display unless there is securely fastened upon the front thereof an identification number plate of the character specified in Section 5363. The placing of any advertising display without having affixed thereto an identification number plate is prima facie evidence that the advertising display has been placed and is being maintained in violation of the provisions of this chapter, and any such display shall be subject to removal as provided in Section 5463. (Added by Stats. 1970, Ch. 991.)
  157. 5363.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director must furnish identification number plates, and each plate must show the identification number of the advertising display it is assigned to.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5363. Identification number plates shall be furnished by the director. Identification number plates shall bear the identification number of the advertising display to which they are assigned. (Added by Stats. 1970, Ch. 991.)
  158. 5364.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    This section says the article applies to certain older, lawfully placed advertising displays in incorporated areas near interstate or primary highways, and permits issued under it count as renewals of original permits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5364. The provisions of this article shall apply to any advertising display which was lawfully placed and which was in existence on November 7, 1967, adjacent to an interstate or primary highway and within the limits of an incorporated area, but for which a permit has not heretofore been required. A permit which is issued pursuant to this section shall be deemed to be a renewal of an original permit for an existing advertising display. (Added by Stats. 1975, Ch. 1074.)
  159. 5365.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    After the director notifies an owner that a highway has been designated, the owner of each nearby advertising display must notify the director of the display’s location within 30 days; the director must then issue a permit, if the required fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5365. When a highway within an incorporated area is designated as an interstate or a primary highway, each advertising display maintained adjacent to such highway shall thereupon become subject to all of the provisions of this act. For purposes of applying the provisions of this act, each such display shall be considered as though it had been placed along an interstate or a primary highway during all of the time that it had been in existence. Within 30 days of notification by the director of such highway designation, the owner of each advertising display adjacent to such highway shall notify the director of the location of such display on a form prescribed by the director. The director shall issue a permit for each such advertising display on the basis of the notification from the display owner; provided that such permits will be issued and renewed only if the owner pays the fees required by subdivision (b) of Section 5485. Each permit issued pursuant to this section shall be deemed to be a renewal of an original permit for an existing advertising display. (Added by Stats. 1975, Ch. 1074.)
  160. 5366.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A permit under this chapter does not authorize anyone to erect an advertising display that violates any city, county, or city and county ordinance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5366. The issuance of a permit pursuant to this chapter does not allow any person to erect an advertising display in violation of any ordinance of any city, county, or city and county. (Added by Stats. 1983, Ch. 653, Sec. 13.)
  161. 5367.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The department may not deny or delay acceptance of certain permit applications for new advertising displays if the nearby highway section is open to public vehicular travel within 1,000 feet.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 6. Permits [5350 - 5367] ( Article 6 added by Stats. 1970, Ch. 991. ) ## 5367. The department shall not deny or delay the acceptance of a permit application for a new advertising display along a portion of a new alignment of an interstate or primary highway on the basis that the highway project has not been accepted by the department as complete if the section of highway is open to the use of the public for vehicular travel within 1,000 feet of the location specified in the permit application. (Added by Stats. 2025, Ch. 313, Sec. 1. (SB 364) Effective January 1, 2026.)
  162. 5400.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    An advertising structure may be maintained only if the name of the person owning or maintaining it is plainly displayed on it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5400. No advertising structure may be maintained unless the name of the person owning or maintaining it, is plainly displayed thereon. (Added by Stats. 1970, Ch. 991.)
  163. 5401.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    An advertising structure may not be placed unless it is built to withstand 20 pounds per square foot of exposed surface wind pressure.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5401. No advertising structure shall be placed unless it is built to withstand a wind pressure of 20 pounds per square foot of exposed surface. Any advertising structure not conforming to this section shall be removed as provided in Section 5463. (Added by Stats. 1970, Ch. 991.)
  164. 5402.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    No person may display, or allow to be displayed, obscene, indecent, immoral, or public-morals-offending material on advertising structures or signs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5402. No person shall display or cause or permit to be displayed upon any advertising structure or sign, any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency, or any other matter or thing of an obscene, indecent or immoral character. (Added by Stats. 1970, Ch. 991.)
  165. 5403.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Advertising displays may not be placed or maintained in the listed locations or conditions, and some display-related acts are barred unless permitted.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5403. No advertising display shall be placed or maintained in any of the following locations or positions or under any of the following conditions or if the advertising structure or sign is of the following nature: (a) If within the right-of-way of any highway. (b) If visible from any highway and simulating or imitating any directional, warning, danger or information sign permitted under the provisions of this chapter, or if likely to be mistaken for any permitted sign, or if intended or likely to be construed as giving warning to traffic, by, for example, the use of the words “stop” or “slow down.” (c) If within any stream or drainage channel or below the floodwater level of any stream or drainage channel where the advertising display might be deluged by flood waters and swept under any highway structure crossing the stream or drainage channel or against the supports of the highway structure. (d) If not maintained in safe condition. (e) If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal. (f) If visible from any highway which is a part of the interstate or primary systems, and which is placed upon trees, or painted or drawn upon rocks or other natural features. (g) If any illumination shall impair the vision of travelers on adjacent highways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Section 21466.5 of the Vehicle Code. (h) If visible from a state regulated highway displaying any flashing, intermittent, or moving light or lights. (i) If, in order to enhance the display’s visibility, the owner of the display or anyone acting on the owner’s behalf removes, cuts, cuts down, injures, or destroys any tree, shrub, plant, or flower growing on property owned by the department that is visible from the highway without a permit issued pursuant to Section 670 of the Streets and Highways Code. (Amended by Stats. 2001, Ch. 284, Sec. 1. Effective January 1, 2002.)
  166. 5404.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Advertising displays are banned in certain locations and sightline conditions outside business districts and certain unincorporated or subdivided areas.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5404. No advertising display shall be placed outside of any business district as defined in the Vehicle Code or outside of any unincorporated city, town or village, or outside of any area that is subdivided into parcels of not more than 20,000 square feet each in area in any of the following locations or positions, or under any of the following conditions, or if the advertising display is of the following nature: (a) If within a distance of 300 feet from the point of intersection of highway or of highway and railroad right-of-way lines, except that this does not prevent the placing of advertising display on that side of an intercepted highway that is opposite the point of interception. But in case any permanent building, structure or other object prevents any traveler on any such highway from obtaining a clear view of approaching vehicles for a distance of 300 feet, then advertising displays may be placed on such buildings, structure or other object if such displays will not further obstruct the vision of those approaching the intersection or interception, or if any such display does not project more than one foot therefrom. (b) If placed in such a manner as to prevent any traveler on any highway from obtaining a clear view of approaching vehicles for a distance of 500 feet along the highway. (Added by Stats. 1970, Ch. 991.)
  167. 5405.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Advertising displays generally cannot be placed or kept within 660 feet of the right-of-way of an interstate or primary highway if they are visible from the highway, unless a listed exception applies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5405. Notwithstanding any other provision of this chapter, no advertising display shall be placed or maintained within 660 feet from the edge of the right-of-way of, and the copy of which is visible from, any interstate or primary highway, other than any of the following: (a) Directional or other official signs or notices that are required or authorized by law, including, but not limited to, signs pertaining to natural wonders and scenic and historical attractions, and which comply with regulations adopted by the director relative to their lighting, size, number, spacing, and any other requirements as may be appropriate to implement this chapter which are consistent with national standards adopted by the United States Secretary of Transportation pursuant to subdivision (c) of Section 131 of Title 23 of the United States Code. (b) Advertising displays advertising the sale or lease of the property upon which they are located, if all advertising displays within 660 feet of the edge of the right-of-way of a bonus segment comply with the regulations adopted under Sections 5251 and 5415. (c) Advertising displays which advertise the business conducted, services rendered, or goods produced or sold upon the property upon which the advertising display is placed, if the display is upon the same side of the highway as the advertised activity; and if all advertising displays within 660 feet of the right-of-way of a bonus segment comply with the regulations adopted under Sections 5251, 5403, and 5415; and except that no advertising display shall be placed after January 1, 1971, if it contains flashing, intermittent, or moving lights (other than that part necessary to give public service information, including, but not limited to, the time, date, temperature, weather, or similar information, or a message center display as defined in subdivision (d)). (d) (1) Message center displays that comply with all requirements of this chapter. The illumination or the appearance of illumination resulting in a message change of a message center display is not the use of flashing, intermittent, or moving light for purposes of subdivision (b) of Section 5408, except that no message center display may include any illumination or message change that is in motion or appears to be in motion or that changes in intensity or exposes its message for less than four seconds. No message center display may be placed within 1,000 feet of another message center display on the same side of the highway. No message center display may be placed in violation of Section 131 of Title 23 of the United States Code. (2) Any message center display located beyond 660 feet from the edge of the right-of-way of an interstate or primary highway and permitted by a city, county, or city and county on or before December 31, 1988, is in compliance with Article 6 (commencing with Section 5350) and Article 7 (commencing with Section 5400) for purposes of this section. (3) Any message center display legally placed on or before December 31, 1996, which does not conform with this section may continue to be maintained under its existing criteria if it advertises only the business conducted, services rendered, or goods produced or sold upon the property upon which the display is placed. (4) This subdivision does not prohibit the adoption by a city, county, or city and county of restrictions or prohibitions affecting off-premises message center displays which are equal to or greater than those imposed by this subdivision, if that ordinance or regulation does not restrict or prohibit on-premises advertising displays, as defined in Chapter 2.5 (commencing with Section 5490). (e) Advertising displays erected or maintained pursuant to regulations of the director, not inconsistent with the national policy set forth in subdivision (f) of Section 131 of Title 23 of the United States Code and the standards promulgated thereunder by the Secretary of Transportation, and designed to give information in the specific interest of the traveling public. (Amended by Stats. 2000, Ch. 787, Sec. 10. Effective January 1, 2001.)
  168. 5405.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Temporary political signs are generally allowed, except where federal regulations would be violated, and they cannot be placed in certain highway and landscaped-freeway areas.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5405.3. Nothing in this chapter, including, but not limited to, Section 5405, shall prohibit the placing of temporary political signs, unless a federal agency determines that such placement would violate federal regulations. However, no such sign shall be placed within the right-of-way of any highway or within 660 feet of the edge of and visible from the right-of-way of a landscaped freeway. A temporary political sign is a sign which: (a) Encourages a particular vote in a scheduled election. (b) Is placed not sooner than 90 days prior to the scheduled election and is removed within 10 days after that election. (c) Is no larger than 32 square feet. (d) Has had a statement of responsibility filed with the department certifying a person who will be responsible for removing the temporary political sign and who will reimburse the department for any cost incurred to remove it. (Added by Stats. 1979, Ch. 1054.)
  169. 5405.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Certain farm produce outlet advertising displays may be placed within 660 feet of the right-of-way if they comply with the director’s regulations and stay visible from a highway.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5405.5. In addition to those displays permitted pursuant to Section 5405, displays erected and maintained pursuant to regulations of the director, which will not be in violation of Section 131 of Title 23 of the United States Code, and which identify the location of a farm produce outlet where farmers sell directly to the public only those farm or ranch products they have produced themselves, may be placed or maintained within 660 feet from the edge of the right-of-way so that the copy of the display is visible from a highway. The advertising displays shall indicate the location of the farm products but not the price of any product and shall not be larger than 150 square feet. (Added by Stats. 1985, Ch. 517, Sec. 1.)
  170. 5405.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The authority must follow specified laws and local rules for large outdoor advertising displays on its land, and it may not override local laws about those displays.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5405.6. Notwithstanding any other provision of law, no outdoor advertising display that exceeds 10 feet in either length or width, shall be built on any land or right-of-way owned by the Los Angeles County Metropolitan Transportation Authority, including any of its rights-of-way, unless the authority complies with any applicable provisions of this chapter, the federal Highway Beautification Act of 1965 (23 U.S.C.A. Sec. 131), and any local regulatory agency’s rules or policies concerning outdoor advertising displays. The authority shall not disregard or preempt any law, ordinance, or regulation of any city, county, or other local agency involving any outdoor advertising display. (Added by Stats. 2001, Ch. 928, Sec. 1. Effective January 1, 2002.)
  171. 5406.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Sections 5226 and 5405 do not apply to certain bonus segments in specified commercial, industrial, or business areas; advertising displays within 660 feet of the right-of-way are subject to Section 5408.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5406. The provisions of Sections 5226 and 5405 shall not apply to bonus segments which traverse and abut on commercial or industrial zones within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to and abutting on the national system of interstate and defense highways is subject to municipal regulation or control, or which traverse and abut on other business areas where the land use, as of September 21, 1959, was clearly established by state laws as industrial or commercial, provided that advertising displays within 660 feet of the edge of the right-of-way of such bonus segments shall be subject to the provisions of Section 5408. (Added by Stats. 1970, Ch. 991.)
  172. 5407.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Sections 5226 and 5405 do not apply to certain penalty segments in business areas if they comply with Section 5408. But they still apply in unzoned commercial or industrial areas when the activity stops or is converted, and displays there must be removed within five years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5407. The provisions of Sections 5226 and 5405 shall not apply to penalty segments which are located, or which are to be located, in business areas and which comply with Section 5408, except that Sections 5226 and 5405 shall apply to unzoned commercial or industrial areas in which the commercial or industrial activity ceases and is removed or permanently converted to other than a commercial or industrial activity, and displays in such areas shall be removed not later than five years following the cessation, removal, or conversion of the commercial or industrial activity. (Added by Stats. 1970, Ch. 991.)
  173. 5408.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Section 5408 limits where and how advertising displays may be placed near interstate and primary highways, including size, lighting, visibility, and spacing rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5408. In addition to the advertising displays permitted by Section 5405 to be placed within 660 feet of the edge of the right-of-way of interstate or primary highways, advertising displays conforming to the following standards, and not in violation of any other provision of this chapter, may be placed in those locations if placed in business areas: (a) Advertising displays may not be placed that exceed 1,200 square feet in area with a maximum height of 25 feet and a maximum length of 60 feet, including border and trim, and excluding base or apron supports and other structural members. This subdivision shall apply to each facing of an advertising display. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertisement. Two advertising displays not exceeding 350 square feet each may be erected in a facing. Any advertising display lawfully in existence on August 1, 1967, that exceeds 1,200 square feet in area, and that is permitted by city or county ordinance, may be maintained in existence. (b) Advertising displays may not be placed that are so illuminated that they interfere with the effectiveness of, or obscure any official traffic sign, device, or signal; nor shall any advertising display include or be illuminated by flashing, intermittent, or moving lights (except that part necessary to give public service information such as time, date, temperature, weather, or similar information); nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of an intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver’s operation of a motor vehicle. (c) Advertising displays may not be placed to obstruct, or otherwise physically interfere with, an official traffic sign, signal, or device or to obstruct, or physically interfere with, the vision of drivers in approaching, merging, or intersecting traffic. (d) No advertising display shall be placed within 500 feet from another advertising display on the same side of any portion of an interstate highway or a primary highway that is a freeway. No advertising display shall be placed within 500 feet of an interchange, or an intersection at grade, or a safety roadside rest area on any portion of an interstate highway or a primary highway that is a freeway and if the interstate or primary highway is located outside the limits of an incorporated city and outside the limits of an urban area. No advertising display shall be placed within 300 feet from another advertising display on the same side of any portion of a primary highway that is not a freeway if that portion of the primary highway is located outside the limits of an incorporated city and outside the limits of an urban area. No advertising display shall be placed within 100 feet from another advertising display on the same side of any portion of a primary highway that is not a freeway if that portion of the primary highway is located inside the limits of an incorporated city or inside the limits of an urban area. (e) Subdivision (d) does not apply to any of the following: (1) Advertising displays that are separated by a building or other obstruction in a manner that only one display located within the minimum spacing distances set forth herein is visible from the highway at any one time. (2) Double-faced, back-to-back, or V-type advertising display, with a maximum of two signs per facing, as permitted in subdivision (a). (3) Advertising displays permitted by subdivisions (a) to (c), inclusive, of Section 5405. The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway. (4) Any advertising display lawfully in existence on August 1, 1967, which does not conform to this subdivision but that is permitted by city or county ordinances. (f) “Urban area,” as used in subdivision (d), shall be determined in accordance with Section 101(a) of Title 23 of the United States Code. (Amended by Stats. 2000, Ch. 787, Sec. 11. Effective January 1, 2001.)
  174. 5408.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Advertising displays are restricted near interstate and primary highways, with exceptions for certain permitted displays and business areas.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5408.1. (a) No advertising display shall be placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway if such advertising display is located outside of an urban area or within that portion of an urban area that is not a business area, is visible from the main traveled way of such highway, and is placed with the purpose of its message being read from such main traveled way, unless such advertising display is included within one of the classes of displays permitted by Section 5405 to be placed within 660 feet from the edge of such highway. Such display may be placed or maintained within the portion of an urban area that is also a business area if such display conforms to the criteria for size, spacing and lighting set forth in Section 5408. (b) Any advertising display which was lawfully in existence on the effective date of the enactment of this section, but which does not conform to the provisions of this section, shall not be required to be removed until January 1, 1980. If federal law requires the state to pay just compensation for the removal of any such display, it may remain in place after January 1, 1980, and until just compensation is paid for its removal pursuant to Section 5412. (c) For purposes of this section, an urban area means an area so designated in accordance with the provisions of Section 101 of Title 23 of the United States Code. (Added by Stats. 1975, Ch. 1074.)
  175. 5408.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director must issue a permit for an advertising display if an application and fee are submitted and the display meets the stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5408.2. Notwithstanding any other provision of this chapter, an advertising display is a lawfully erected advertising display and, upon application and payment of the application fee, the director shall issue a permit for the display if it meets all of the following conditions: (a) The display was erected on property adjacent to State Highway Route 10 (Interstate 10) in the unincorporated area of the County of Los Angeles in order to replace a display which was required to be removed because the property on which it was located was acquired by the State of California to facilitate construction of the busway on Route 10 in the County of Los Angeles. (b) Upon proper application, the display could have qualified for a permit at the time it was erected, except for Sections 5351 and 5408 and Article 5 (commencing with Section 5320) as in effect at the time. (c) The display conforms to Section 5408 as in effect on January 1, 1984. (d) The display was in existence on January 1, 1984. (Added by Stats. 1984, Ch. 1003, Sec. 2. Effective September 11, 1984.)
  176. 5408.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A city or county with land use jurisdiction over the property may adopt an ordinance setting more restrictive spacing and size standards for advertising displays than state law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5408.3. Notwithstanding Section 5408, a city or a county with land use jurisdiction over the property may adopt an ordinance that establishes standards for the spacing and sizes of advertising displays that are more restrictive than those imposed by the state. (Added by Stats. 2002, Ch. 972, Sec. 3. Effective January 1, 2003.)
  177. 5408.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Advertising displays on bus passenger shelters or benches may be placed on or near a highway only if they meet the listed placement, size, distance, and safety standards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5408.5. In addition to the advertising displays permitted by Sections 5405 and 5408, advertising displays located on bus passenger shelters or benches and conforming to the following standards may be placed on or adjacent to a highway: (a) The advertising display may not be within 660 feet of and visible from any federal-aid interstate or primary rural highway, and any advertising display within 660 feet of and visible from any urban highway shall be consistent with federal law and regulations. (b) The advertising display shall meet traffic safety standards of the public entity having operational authority over the highway. These standards may include provisions requiring a finding and certification by an appropriate official that the proposed advertising display does not constitute a hazard to traffic. (c) Bus passenger shelters or benches with advertising displays may only be placed at approved passenger loading areas. (d) Bus passenger shelters or benches with advertising displays may only be placed in accordance with a permit or agreement with the public entity having operational authority over the highway adjacent to where, or upon which, the advertising display is to be placed. (e) Any advertising display on bus passenger shelters or benches may not extend beyond the exterior limits of the shelter or bench. (f) There may not be more than two advertising displays on any bus passenger shelter. (g) Advertising displays placed on bus passenger shelters or benches pursuant to a permit or agreement with a local public entity shall not be subject to the state permit requirements specified in Article 6 (commencing with Section 5350). (Amended by Stats. 1988, Ch. 452, Sec. 1.)
  178. 5408.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Street-furniture advertising displays may be placed on or beside highways in a city and county if specified safety, location, permit, and size conditions are met; the city and county must also defend and indemnify the state for certain claims, and the director must give written notice if federal funding risk triggers inoperability.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5408.7. (a) It is the intent of the Legislature that this section shall not serve as a precedent for other changes to the law regarding outdoor advertising displays on, or adjacent to, highways. The Legislature recognizes that the streets in the City and County of San Francisco that are designated as state or federal highways are unique in that they are also streets with street lights, sidewalks, and many of the other features of busy urban streets. At the same time, these streets double as a way, and often the only way, for people to move through the city and county from one boundary to another. The Legislature recognizes the particular topography of the City and County of San Francisco, the popularity of the area as a tourist destination, the high level of foot traffic, and the unique design of its highways. (b) For purposes of this section, “street furniture” is any kiosk, trash receptacle, bench, public toilet, news rack, or public telephone placed on, or adjacent to, a street designated as a state or federal highway. (c) In addition to the advertising displays permitted by Sections 5405, 5408, and 5408.5, advertising displays located on street furniture may be placed on, or adjacent to, any street designated as a state or federal highway within the jurisdiction of a city and county, subject to all of the following conditions: (1) The advertising display meets the traffic safety standards of the city and county. These standards may include provisions requiring a finding and certification by an appropriate official of the city and county that the proposed advertising display does not constitute a hazard to traffic. (2) Any advertising display that is within 660 feet of, and visible from, any street designated as a state or federal highway shall be consistent with federal law and regulations. (3) Advertising displays on street furniture shall be placed in accordance with a permit or agreement with the city and county. (4) Advertising displays on street furniture shall not extend beyond the exterior limits of the street furniture. (d) Advertising displays placed on street furniture pursuant to a permit or agreement with the city and county shall not be subject to the state permit requirements of Article 6 (commencing with Section 5350). This subdivision does not affect the authority of the state to enforce compliance with federal law and regulations, as required by paragraph (2) of subdivision (c). (e) (1) The city and county shall, upon written notice of any suit or claim of liability against the state for any injury arising out of the placement of an advertising display approved by the city and county pursuant to subdivision (c), defend the state against the claim and provide indemnity to the state against any liability on the suit or claim. (2) For the purposes of this subdivision, “indemnity” has the same meaning as defined in Section 2772 of the Civil Code. (f) (1) This section shall become inoperative not later than 60 days from the date the director receives notice from the United States Secretary of Transportation that future operation of this section will result in a reduction of the state’s share of federal highway funds pursuant to Section 131 of Title 23 of the United States Code. (2) Upon receipt of the notice described in paragraph (1), the director shall notify in writing the Secretary of State and the City and County of San Francisco of that receipt. (3) This section shall be repealed on January 1 immediately following the date the Secretary of State receives the notice required under paragraph (2). (Added by Stats. 1999, Ch. 320, Sec. 1. Effective January 1, 2000. Conditionally inoperative as provided in subd. (f). Repealed as of date prescribed in subd. (f).)
  179. 5410.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Some nonconforming advertising displays and signs may stay up for a limited time instead of being removed right away.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5410. Any advertising display located within 660 feet of the edge of the right-of-way of, and the copy of which is visible from, any penalty segment, or any bonus segment described in Section 5406 which display was lawfully maintained in existence on the effective date of this section but which was not on that date in conformity with the provisions of this article, may be maintained, and shall not be required to be removed until July 1, 1970. Any other sign which is lawful when erected, but which does not on January 1, 1968, or any time thereafter, conform to the provisions of this article, may be maintained, and shall not be required to be removed, until the end of the fifth year after it becomes nonconforming; provided that this section shall not apply to advertising displays adjacent to a landscaped freeway. (Added by Stats. 1970, Ch. 991.)
  180. 5412.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A lawfully erected advertising display generally cannot be forced to be removed or have its customary maintenance or use limited without compensation, subject to stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5412. Notwithstanding any other provision of this chapter, no advertising display which was lawfully erected anywhere within this state shall be compelled to be removed, nor shall its customary maintenance or use be limited, whether or not the removal or limitation is pursuant to or because of this chapter or any other law, ordinance, or regulation of any governmental entity, without payment of compensation, as defined in the Eminent Domain Law (Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure), except as provided in Sections 5412.1, 5412.2, and 5412.3. The compensation shall be paid to the owner or owners of the advertising display and the owner or owners of the land upon which the display is located. This section applies to all displays which were lawfully erected in compliance with state laws and local ordinances in effect when the displays were erected if the displays were in existence on November 6, 1978, or lawfully erected after November 6, 1978, regardless of whether the displays have become nonconforming or have been provided an amortization period. This section does not apply to on-premise displays as specified in Section 5272 or to displays which are relocated by mutual agreement between the display owner and the local entity. “Relocation,” as used in this section, includes removal of a display and construction of a new display to substitute for the display removed. It is a policy of this state to encourage local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication. Cities, counties, cities and counties, and all other local entities are specifically empowered to enter into relocation agreements on whatever terms are agreeable to the display owner and the city, county, city and county, or other local entity, and to adopt ordinances or resolutions providing for relocation of displays. (Amended by Stats. 1984, Ch. 554, Sec. 1.)
  181. 5412.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A city, county, or city and county may require certain qualifying displays to be removed without compensation and will not violate Section 5412 if it does so under the stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5412.1. A city, county, or city and county, whose ordinances or regulations are otherwise in full compliance with Section 5412, is not in violation of that section if the entity elects to require the removal without compensation of any display which meets all the following requirements: (a) The display is located within an area shown as residential on a local general plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section. (b) The display is located within an area zoned for residential use either on the date on which the removal requirement is adopted or becomes applicable to the area. (c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way. (d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs. (e) The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Section 5412, and after giving notice of the removal requirement: Fair Market Value on Date of Notice Minimum Years of Removal Requirement Allowed Under $1,999 ........................ 2 $2,000 to $3,999 ........................ 3 $4,000 to $5,999 ........................ 4 $6,000 to $7,999 ........................ 5 $8,000 to $9,999 ........................ 6 $10,000 and over ........................ 7 The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. (Added by Stats. 1982, Ch. 494, Sec. 5.)
  182. 5412.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A city or city and county that otherwise complies with Section 5412 may require removal without compensation of certain displays that meet specific location and zoning conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5412.2. A city or city and county, whose ordinances or regulations are otherwise in full compliance with Section 5412, is not in violation of that section if the entity elects to require the removal without compensation of any display which meets all the following requirements: (a) The display is located within an incorporated area shown as agricultural on a local general plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section. (b) The display is located within an area zoned for agricultural use either on the date on which the removal requirement is adopted or becomes applicable to the area. (c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way. (d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs. (e) The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Section 5412, and after giving notice of the removal requirement: Fair Market Value on Date of Notice Minimum Years of Removal Requirement Allowed Under $1,999 ........................ 2 $2,000 to $3,999 ........................ 3 $4,000 to $5,999 ........................ 4 $6,000 to $7,999 ........................ 5 $8,000 to $9,999 ........................ 6 $10,000 and over ........................ 7 The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. (Added by Stats. 1982, Ch. 494, Sec. 6.)
  183. 5412.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A county may require removal without compensation of certain displays if it meets the listed site and zoning conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5412.3. A county whose ordinances or regulations are otherwise in full compliance with Section 5412, is not in violation of that section if the county elects to require the removal without compensation of any display which meets all the following requirements: (a) The display is located within an unincorporated area shown as agricultural on a local general plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section. (b) The display is located within an area zoned for agricultural use either on the date on which the removal requirement is adopted or becomes applicable to the area. (c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way. (d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs. (e) The display is allowed to remain in existence for the period of time set forth below after the adoption or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Section 5412, and after giving notice of the removal requirement: Fair Market Value on Date of Notice Minimum Years of Removal Requirement Allowed Under $1,999 ........................ 3.0 $2,000 to $3,999 ........................ 4.5 $4,000 to $5,999 ........................ 6.0 $6,000 to $7,999 ........................ 7.5 $8,000 to $9,999 ........................ 9.0 $10,000 and over ........................ 10.5 The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. (Added by Stats. 1982, Ch. 494, Sec. 7.)
  184. 5412.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Section 5412 does not apply to certain judicial proceedings filed and served before January 1, 1982, but it does apply in litigation to stop removal without compensation of certain highway advertising displays.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5412.4. Section 5412 shall not be applied in any judicial proceeding which was filed and served by any city, county, or city and county prior to January 1, 1982, except that Section 5412 shall be applied in litigation to prohibit the removal without compensation of any advertising display located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, or any advertising display placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway that is placed with the purpose of its message being read from the main traveled way of the highway. (Added by Stats. 1982, Ch. 494, Sec. 8.)
  185. 5412.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    A governmental entity’s demand that a lawfully erected display be removed as a condition for a permit, license, or approval requires compensation, unless the approval is for a building or structure that cannot be built without removing the display.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5412.6. The requirement by a governmental entity that a lawfully erected display be removed as a condition or prerequisite for the issuance or continued effectiveness of a permit, license, or other approval for any use, structure, development, or activity other than a display constitutes a compelled removal requiring compensation under Section 5412, unless the permit, license, or approval is requested for the construction of a building or structure which cannot be built without physically removing the display. (Added by Stats. 1985, Ch. 439, Sec. 1.)
  186. 5413.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Before suing to remove an advertising display, the director may try to negotiate compensation. The Department of Transportation must prepare and keep updated a valuation schedule and provide it to any public entity that asks.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5413. Prior to commencing judicial proceedings to compel the removal of an advertising display, the director may elect to negotiate with the person entitled to compensation in order to arrive at an agreement as to the amount of compensation to be paid. If the negotiations are unsuccessful, or if the director elects not to engage in negotiations, a civil proceeding may be instituted as set forth in Section 5414. To facilitate the negotiations, the Department of Transportation shall prepare a valuation schedule for each of the various types of advertising displays based on all applicable data. The schedule shall be updated at least once every two years. The schedule shall be made available to any public entity requesting a copy. (Amended by Stats. 1983, Ch. 653, Sec. 17.)
  187. 5414.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    Proceedings to compel removal of displays and to determine compensation under this chapter must follow Title 7 of the Code of Civil Procedure.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5414. Proceedings to compel the removal of displays and to determine the compensation required by this chapter shall be conducted pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. (Amended by Stats. 1980, Ch. 1278, Sec. 5.)
  188. 5415.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director must make and enforce rules for certain advertising displays, but cannot make stricter size, spacing, or lighting rules than Section 5408 or update rules for later federal changes without legislative approval. Outdoor advertising may not be placed or kept next to interstate or primary highways if it violates the cited federal standards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5415. The director shall prescribe and enforce regulations for the erection and maintenance of advertising displays permitted by Sections 5226, 5405, and 5408 consistent with Section 131 of Title 23 of the United States Code and the national standards promulgated thereunder by the Secretary of Transportation; provided, that the director shall not prescribe regulations imposing stricter requirements for the size, spacing or lighting of advertising displays than are prescribed by Section 5408 and provided that the director shall not prescribe regulations to conform to changes in federal law or regulations made after November 8, 1967, without prior legislative approval. Notwithstanding any other provisions of this chapter, no outdoor advertising shall be placed or maintained adjacent to any interstate highway or primary highway in violation of the national standards promulgated pursuant to subsections (c) and (f) of Section 131 of Title 23 of the United States Code, as such standards existed on November 8, 1967. (Added by Stats. 1970, Ch. 991.)
  189. 5416.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director must seek agreements with the U.S. Secretary of Transportation and may enter into them, accept certain fund allotments, and take necessary steps to obtain funds for the 75% federal share of compensation under federal highway law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5416. The director shall seek, and may enter into, agreements with the Secretary of Transportation of the United States and shall take such steps as may be necessary from time to time to obtain, and may accept, any allotment of funds as provided by subdivision (j) of Section 131 of Title 23 of the United States Code, as amended from time to time, and such steps as may be necessary from time to time to obtain funds allotted pursuant to Section 131 for the purpose of paying the 75 percent federal share of the compensation required by subdivision (g) of Section 131 of Title 23 of the United States Code. (Added by Stats. 1970, Ch. 991.)
  190. 5417.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The California Transportation Commission may allocate funds to the director to pay compensation authorized by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5417. From state funds appropriated by the Legislature for such purposes and from federal funds made available for such purposes, the California Transportation Commission may allocate funds to the director for payment of compensation authorized by this chapter. (Amended by Stats. 1980, Ch. 1278, Sec. 6.)
  191. 5418.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The California Transportation Commission may allocate enough money from the State Highway Account to match federal funds for removing outdoor advertising displays.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5418. The California Transportation Commission is authorized to allocate sufficient funds from the State Highway Account in the State Transportation Fund that are available for capital outlay purposes to match federal funds made available for the removal of outdoor advertising displays. (Amended by Stats. 1977, Ch. 1106.)
  192. 5418.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    When allocating funds under Section 5418, the commission must consider, and may spend some or all of the funds, according to the listed priority order for removing certain outdoor advertising displays.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5418.1. When allocating funds pursuant to Section 5418, the commission shall consider, and may designate for expenditure, all or any part of such funds in accordance with the following order of priorities for removal of those outdoor advertising displays for which compensation is provided pursuant to Section 5412: (a) Hardship situations involving outdoor advertising displays located adjacent to highways which are included within the state scenic highway system, including those nonconforming outdoor advertising displays which are offered for immediate removal by the owners thereof. (b) Hardship situations involving outdoor advertising displays located adjacent to other highways, including those nonconforming outdoor advertising displays which are offered for removal by the owners thereof. (c) Nonconforming outdoor advertising displays located adjacent to highways which are included within the state scenic highway system. (d) Nonconforming outdoor advertising displays which are generally used for product advertising, and which are located in unincorporated areas. (e) Nonconforming outdoor advertising displays which are generally used for product advertising located within incorporated areas. (f) Nonconforming outdoor advertising displays which are generally used for non-motorist-oriented directional advertising. (g) Nonconforming outdoor advertising displays which are generally used for motorist-related directional advertising. (Added by Stats. 1971, Ch. 1782.)
  193. 5419.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The director must seek a federal agreement to control outdoor advertising, execute it if reached, go to court if no agreement is reached, and renegotiate if the agreement is later held invalid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 7. Regulations [5400 - 5419] ( Article 7 added by Stats. 1970, Ch. 991. ) ## 5419. (a) The director shall seek agreement with the Secretary of Transportation of the United States, or his successor, under provisions of Section 131 of Title 23 of the United States Code, to provide for effective control of outdoor advertising substantially as set forth herein, provided that such agreement can vary and change the definition of “unzoned commercial or industrial area” as set forth in Section 5222 and the definition of “business area” as set forth in Section 5223, or other sections related thereto, and provided further that if such agreement does vary from such sections it shall not be effective until the Legislature by statute amends the sections to conform with the terms of the agreement. If agreement is reached on these terms, the director shall execute the agreement on behalf of the state. (b) In the event an agreement cannot be achieved under subdivision (a), the director shall promptly institute proceedings of the kind provided for in subdivision (l) of Section 131 of Title 23 of the United States Code, in order to obtain a judicial determination as to whether this chapter and the regulations promulgated thereunder provide effective control of outdoor advertising as set forth therein. In such action the director shall request that the court declare rights, status, and other legal relations and declare whether the standards, criteria, and definitions contained in the agreement proposed by the director are consistent with customary use. If such agreement is held by the court in a final judgment to be invalid in whole or in part as inconsistent with customary use or as otherwise in conflict with Section 131 of Title 23 of the United States Code, the director shall promptly negotiate with the Secretary of Transportation, or his successor, a new agreement or agreements which shall conform to this chapter, as interpreted by the court in such action. (Added by Stats. 1970, Ch. 991.)
  194. 5440.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    The department must determine how to measure the landscaped area’s average width, and it may charge a classification-review fee up to $500 and only up to its reasonable costs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. ) ## 5440. (a) Except as otherwise provided in this article, no advertising display may be placed or maintained on property adjacent to a 1,000-foot or greater section of a freeway that has been landscaped with at least an average width of 20 feet of landscaping or that includes trees, on department-owned property at the same or elevated grade of the main-traveled way if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway. (b) The department shall determine the average width by dividing the square footage of a landscaped area by its length. (c) (1) All existing classifications shall remain in effect until the department receives a request for a new classification review in accordance with applicable regulations. (2) The department may charge a fee in an amount not to exceed the reasonable costs incurred by the department in conducting a classification review and not to exceed five hundred dollars ($500). (d) For purposes of this section, “average width of 20 feet” means that over any 1,000-foot section freeway there averages at least 20 feet of total property contiguous to all sides of the main traveled way between the outer edge of the shoulders and the freeway right-of-way boundaries, including median plantings, that otherwise meets the definition of a landscaped freeway in Section 5216. (Amended by Stats. 2018, Ch. 926, Sec. 2. (AB 3168) Effective January 1, 2019.)
  195. 5440.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. )

    Verify source ↗

    An advertising display may not be placed or kept along an officially designated scenic highway or scenic byway, except as allowed by Section 5442.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. ) ## 5440.1. Except as provided in Section 5442.5, no advertising display may be placed or maintained along any highway or segment of any interstate highway or primary highway that before, on, or after the effective date of Section 131(s) of Title 23 of the United States Code is an officially designated scenic highway or scenic byway. (Added by Stats. 1993, Ch. 991, Sec. 9. Effective January 1, 1994.)
  196. 5441.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. )

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    An advertising display that violates Section 5440 can be removed three years after the freeway is declared a landscaped freeway and changed to that status by the director or designee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. ) ## 5441. Any advertising display which is now, or hereafter becomes, in violation of Section 5440 shall be subject to removal three years from the date the freeway has been declared a landscaped freeway by the director or the director’s designee and the character of the freeway has been changed from a freeway to a landscaped freeway. (Amended by Stats. 1983, Ch. 653, Sec. 21.)
  197. 5442.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. )

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    Section 5440 does not apply to an advertising structure or sign when it is used exclusively for certain on-site advertising or identification purposes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. ) ## 5442. Section 5440 does not apply to any advertising structure or sign if the advertising display is used exclusively for any of the following purposes: (a) To advertise the sale or lease of the property upon which the advertising display is placed. (b) To designate the name of the owner or occupant of the premises upon which the advertising display is placed, or to identify the premises. (c) To advertise goods manufactured or produced, or services rendered, on the property upon which the advertising display is placed. (Amended by Stats. 1993, Ch. 991, Sec. 10. Effective January 1, 1994.)
  198. 5442.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. )

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    This section creates a narrow exception allowing certain advertising displays near the Oakland-Alameda County Coliseum Complex if listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. ) ## 5442.10. (a) Notwithstanding any other provision of this chapter, Section 5440 does not apply to any advertising display if all of the following conditions are met: (1) Not more than five advertising displays, whose placement or maintenance is otherwise prohibited under this chapter, shall be erected and only if approved by the Oakland-Alameda County Coliseum Authority. (2) All five advertising displays shall meet the 1,200 square foot size restriction set forth in subdivision (a) of Section 5408. However, subject to subdivision (b), three of the advertising displays may be vertically oriented so long as those displays do not exceed 60 feet in height and 25 feet in length, including border and trim and excluding base or apron supports, and other structural members. (3) The display area of each advertising display is measured by the smallest square, rectangle, circle, or combination that will encompass the display area. For purposes of this section, embellishments and secondary signs located in the border or trim around a display area advertising the name of the coliseum complex or the identities of athletic teams who are licensees or lessees of all or portions of the Oakland-Alameda County Coliseum Complex shall not cause the border or trim areas to be included in a display face for measurement purposes. In the case of an LED display advertising on-premises activities at the Oakland-Alameda County Coliseum Complex, or off-premises, noncommercial community activities, the LED portion of the display face shall not be included for measurement purposes. (4) Placement or maintenance of each advertising display does not require the immediate trimming, pruning, topping, or removal of trees located on a state highway right-of-way to provide visibility to the advertising display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (5) No advertising display shall advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material. (6) Each advertising display shall be located on the Oakland-Alameda County Coliseum Complex property and shall comply with the spacing requirements set forth in subdivision (d) of Section 5408, as implemented by department regulation. (7) If any advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner is entitled to relocate that display within the Oakland-Alameda County Coliseum Complex property, and is not entitled to monetary compensation for the removal or relocation even if relocation is not possible. (8) The display shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code. (b) For the specific purpose of this section and in accordance with the Memorandum for Record with the Federal Highway Administration dated January 17, 2001, upon the written request of the Oakland-Alameda County Coliseum Authority on behalf of its licensee or contractor seeking to erect one or more of the three advertising displays allowed by paragraph (2) of subdivision (a) consisting of a size not to exceed 60 feet in height and 25 feet in length, the department shall promptly request Federal Highway Administration approval of that change in orientation to ensure that the advertising displays will not cause a reduction in federal aid highway funds. Upon receipt of the approval from the Federal Highway Administration, the advertising display or displays may be erected. (c) For the purposes of this section, the Oakland-Alameda County Coliseum Complex is the real property and improvements located at 7000 Coliseum Way, City of Oakland, and more particularly described in Parcel Map 7000, filed August 1, 1996, Map Book 223, Page 84, Alameda County Records, Assessor’s Parcel Nos. 041-3901-008 and 041-3901-009. (Added by Stats. 2001, Ch. 54, Sec. 2. Effective July 11, 2001.)
  199. 5442.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. )

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    Section 5440 does not apply to certain advertising displays in the Mid-City Recovery Redevelopment Project Area if listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. ) ## 5442.11. Notwithstanding any other provision of this chapter, Section 5440 does not apply to any advertising display in the Mid-City Recovery Redevelopment Project Area within the City of Los Angeles if all of the following conditions are met: (a) Not more than four advertising displays, whose placement or maintenance is otherwise prohibited under this chapter, may be erected if approved by the Community Redevelopment Agency of the City of Los Angeles as part of an owner-participation agreement or disposition and development agreement. (b) All four advertising displays meet the requirements set forth in Section 5405 and 5408. (c) Placement or maintenance of each advertising display does not require the immediate trimming, pruning, topping, or removal of trees located on a state highway right-of-way to provide visibility to the advertising display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (d) No advertising display shall advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material. (e) If any advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner is entitled to relocate that display and is not entitled to monetary compensation for the removal or relocation. (f) The advertising display shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code. (Added by Stats. 2001, Ch. 825, Sec. 2. Effective January 1, 2002.)
  200. 5442.13.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. )

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    This section creates a narrow exception allowing one qualifying advertising display for a specified not-for-profit educational academy in Los Angeles, but only if detailed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 2. Advertisers [5200 - 5486] ( Chapter 2 repealed and added by Stats. 1970, Ch. 991. ) ## ARTICLE 8. Landscaped Freeways [5440 - 5443.5] ( Article 8 added by Stats. 1970, Ch. 991. ) ## 5442.13. (a) Notwithstanding any other provision of this chapter, Section 5440 shall not prohibit an advertising display in the City of Los Angeles by a not-for-profit educational academy that is exempt from taxation pursuant to Section 501(c)(3) of Title 26 of the United States Code, if all of the following conditions are met: (1) The exception provided by this section is limited to only one advertising display. (2) The site of the academy is located immediately adjacent to State Highway Routes 10 and 110 in the City of Los Angeles. (3) The academy’s curriculum focuses on providing arts and entertainment business education. (4) The advertising display is constructed on the roof of the academy’s facility. (5) The advertising display meets the requirements set forth in Sections 5405 and 5408. (6) Placement or maintenance of the advertising display does not require the immediate trimming, pruning, topping, or removal of trees located on a state highway right-of-way to provide visibility to the advertising display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (7) Revenues accruing to the academy from the advertising display are used exclusively for the acquisition, operation, and improvement of the academy. (b) An advertising display erected pursuant to this section shall not advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material. (c) If an advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner shall be entitled to relocate that advertising display with no compensation for the removal or relocation, and the relocation shall be limited to a site on the property of the academy specified in subdivision (a). (d) An advertising display erected pursuant to this section shall not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code. (e) If the academy specified in subdivision (a) closes or otherwise ceases to operate, the advertising display permitted under this section shall no longer be authorized and shall be removed from the property of the academy. (f) Notwithstanding Section 5412, if the property on which the academy specified in subdivision (a) is sold, the seller shall remove the billboard from the property without compensation before title to the property is transferred to the buyer. (g) The academy specified in subdivision (a) shall prepare an audit of the revenues generated by the advertising display authorized under this section that includes, but is not limited to, the total revenues generated from the display, the amount of revenues received by the academy, and the expenditures and uses of the revenue. The audit shall be submitted to the Controller and the Legislature on or before January 1, 2007, and every four years thereafter. (h) The academy specified in subdivision (a) shall comply with the provisions of the City of Los Angeles regulation designated as Section 12.21A 7 (l) of the Los Angeles Municipal Code. The requirements of this subdivision shall be waived if the City of Los Angeles fails to implement, comply with, and make a determination pursuant to the provisions of Section 12.21A7 (l) of the Los Angeles Municipal Code on or before January 1, 2005. (Added by Stats. 2003, Ch. 725, Sec. 2. Effective January 1, 2004.)

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