5501:2-2-10 Advertising devices located on premises of professional sports facility.

(A) "Professional sports facility" means all or any portion of a stadium, arena, or other capital facility in Ohio, the primary purpose of which is to provide a site or venue for the presentation to the public events of one or more major or minor league professional athletic or sports teams that are associated with the state or with an Ohio city or region, which facility is owned by, or is located on, real property owned by the state or a governmental entity, and including all parking facilities, walkways, and other auxiliary facilities, equipment, furnishings, and real property and personal property and interests and rights therein, that may be appropriate for or used for in connection with the facility or its operation.

(B) An advertising device located on the premises of a professional sports facility is not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code and will be considered to be an on-premises advertising device. However, if an advertising device located on the premises of a professional sports facility fails to conform to the following rules, it will be considered an off-premise advertising device subject to the statutes and rules governing such advertising devices.

(C) If a professional sports facility is owned by, or located on, real property owned by the state or a governmental entity and such real property is subsequently purchased by a private corporation or partnership registered to do business in the state of Ohio, any advertising device attached to the professional sports facility, or subsequently placed thereon, may be considered an on-premise advertising device subject to this rule, provided that the private owners of the real property and/or the facility obtain any and all necessary approvals to erect and maintain such device from any and all necessary local zoning authorities or any other appropriate local governmental authorities and request the approval of the director of the department of transportation to maintain or erect an on-premises advertising device. Such request shall be submitted in writing to the director and shall include all necessary documentation establishing all necessary approvals and shall set forth, among other things, the name, address, and contact person, of the management company or owner who has the authority to contract for the display of advertising material on the advertising device. If the owners do not include, or have not secured, all necessary approvals from the proper governmental authorities, the director may reject the request and such advertising device shall be considered an off-premises device subject to all applicable statutes and rules governing such advertising devices. The decision of the director shall be final. If a professional sports facility is currently owned by or is located on property held by a private corporation or partnership, who directly purchased such property and/or facility from the state or another governmental entity, such owners shall have one hundred twenty days from the effective date of this rule to submit a request to the director of the department of transportation.

(D) An advertising device located on the premises of a professional sports facility will be considered to be in accordance with section 5516.02(E) or section 5516.06(H) of the Revised Code if it meets the following requirements:

(1) Number and size: only one advertising device shall be allowed on the premises of a professional sports facility. The maximum area for such device shall be twelve hundred square feet, excluding decorative bases and supports. Any additional advertising devices located on the premises will be considered off-premise advertising devices subject to the statutes and rules governing such advertising devices.

(2) Location: the advertising device must be located on, or within fifty feet of, the structure of the professional sports facility and shall be affixed, attached, or otherwise made an integral part of the professional sports facility.

(a) For purposes of this rule, "structure" shall not include any parking, storage, or other secondary buildings or facilities attached to, or located on the same premises as, the primary facility used by the professional sports team for league play. No advertising device may be located at any other remote location which cannot be put to any reasonable use directly related to the professional sport for which the professional sports facility was originally constructed.

(3) Lighting: an advertising device located on the premises of a professional sports facility must meet the lighting requirements as set forth in Administrative Code rule 5501:2-2-02(A)(4) .

(4) Variable or multiple message: an advertising device located on the premises of a professional sports facility may be a multiple or variable message advertising device. If so, it must meet the requirements for such devices as set forth in Administrative Code rule 5501:2-2-02(B) .

(E) Prior to the erection of an advertising device located on the premises of a professional sports facility, each owner or operator of a professional sports facility shall register with the advertising device control section and complete a registration form setting forth, among other things, the name, address, and contact person of the management company or owner who has the authority to contract for the display of advertising material on the advertising device. Any advertising device erected without completing the required registration will be considered an off-premise advertising device subject to the statutes and rules governing such advertising devices. Annual updates of information may be required by the advertising device control section.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08