Chapter 11. Advertising of California Government Code >> Division 2. >> Title 3. >> Part 2. >> Chapter 11.
(a) The board of supervisors may levy a special tax pursuant
to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part
1 of Division 1 of Title 5, and spend the proceeds for the purpose of
inducing immigration to, and increasing the trade and commerce of,
the county. The proceeds of the special tax may be expended for any
or all of the following uses:
(1) Advertising, exploiting, and making known the resources of the
county.
(2) Exhibiting or advertising the agricultural, horticultural,
viticultural, mineral, industrial, commercial, climatic, educational,
recreational, artistic, musical, cultural, and other resources or
advantages of the county.
(3) Making plans and arrangements for a world's fair, trade fair,
or other fair or exposition at which such resources may be exhibited.
(4) Doing any of such work in cooperation with or jointly by
contract with other agencies, associations, or corporations.
(b) The board may also appropriate for the purposes of this
chapter any moneys accruing to the general fund derived pursuant to
Section 7280 of the Revenue and Taxation Code.
If the proceeds from the special tax levied pursuant to
Section 26100 will not raise fifty thousand dollars ($50,000) in any
one year, the board may appropriate from the general fund of the
county an amount sufficient to make up the deficiency existing
between the amount raised as the result of the special tax and fifty
thousand dollars ($50,000).
The tax authorized by this chapter is in addition to any tax
authorized by this part to be levied for fair purposes.
The board may use any portion of the fund raised pursuant to
this chapter in furnishing music and musical appearances, either
within or outside of the boundaries of its county, in connection
with, as an adjunct to, or for the purpose of supplementing and
calling attention to advertising, exploiting, and making known the
resources of the county and its name. The board may furnish such
music by entering into contracts, with or without competitive
bidding, with individual musicians, orchestras, bands, or other
musical organizations.
The board of supervisors may create a body for the purpose
of advising and assisting it in the matter of advertising,
exploiting, and making known the resources of the county, for the
purposes of this chapter. The body shall be designated by the board
as the county board of trade of the county or the county chamber of
commerce of the county or such other title as shall be given the body
by resolution of the board of supervisors. It shall consist of
representatives from the supervisorial districts who shall be
appointed by the board of supervisors and hold office at the pleasure
of the board of supervisors. The board of supervisors shall
determine the number of members of the body, except that the
districts must be equally represented and there shall be not more
than two members from each district.
The board of supervisors shall adopt rules for conducting
the affairs of the board of trade or chamber of commerce, which shall
not conflict with law nor usurp the powers vested by law in any
officer of the county.
Under the direction of the board of supervisors, the county
board of trade or county chamber of commerce shall advertise,
exploit, and make known and exhibit the agricultural, mineral,
manufacturing, and other resources of the county, and, when directed
by the board of supervisors, collect, prepare, and maintain an
exhibit of the products and industries of the county at any domestic
or foreign exposition.
The board of supervisors may appoint a secretary to the
county board of trade or county chamber of commerce and may fix his
salary, which shall be paid from the advertising fund of the county
in the same manner as county officers are paid.
The board of supervisors may provide that the members of the
county board of trade or county chamber of commerce established
under Section 26104 shall receive their actual and necessary
traveling expenses to and from the place of meeting of such board or
chamber of commerce and while traveling in connection with the
business thereof; provided, that no such expenses shall be paid for
travel outside the limits of this State. The members of such board of
trade or chamber of commerce shall serve with or without
compensation at the discretion of the board of supervisors. If
compensation is authorized by the board of supervisors it shall not
exceed twenty-five dollars ($25) per meeting for not more than one
meeting of the commission in any one calendar month.
A county board of supervisors may, by ordinance, provide for
and regulate the sale of advertising space on county real or
personal property, for the sole purpose of raising revenue for the
county. Any such advertising shall comply with the provisions of
Chapter 2 (commencing with Section 5200) of Division 3 of the
Business and Professions Code. Nothing in this section shall be
construed to empower a county to place or maintain an advertising
structure, as defined in Section 5203 of the Business and Professions
Code.
(a) A county board of supervisors may, by ordinance, provide
for the following commercial uses of county property listed in
subdivision (b) provided that: (1) a county of the first class
develops a viable marketing plan, and (2) all other counties comply
with all of the following:
(1) Consults with a qualified licensing agent to develop a viable
marketing plan. The plan shall identify marketing and licensing
opportunities, including, but not limited to, the sale of advertising
space, and the provision of nonexclusive and exclusive designation
promotions. The plan shall outline a method for evaluating both the
revenue potential of proposed contracts, and the future revenue
impact of a proposed contract. The plan shall establish procedures
for comparing the revenue potential of alternative contracts, and for
auditing a licensee's performance. The plan shall detail short-term
and long-term revenue goals.
(2) Adopts by resolution a county marketing plan.
(3) Annually reviews the marketing plan and reviews the
performance of contracts. The board of supervisors shall by
resolution adopt the findings of the annual review.
(b) A county board of supervisors may provide for the following
commercial uses of county property consistent with the county
marketing plan:
(1) The licensing, for a fee or other consideration, of the
private commercial use of a county name, logo, or other intellectual
property, or the depiction of county property.
(2) The donation of facilities or informational brochures,
messages, or broadcasts which publicize acknowledgment of a sponsor's
financial assistance.
(c) Agreements to confer any of the rights enumerated in this
section and acknowledgment of donated moneys, goods, or services may
be made in the manner and under terms and conditions approved by the
supervisors. Any agreement which a county seeks to enter into
pursuant to this section shall be presented at a duly noticed public
hearing of a legislative body, as that term is defined by Sections
54952.2 and 54952.3, in strict compliance with the requirements of
Section 54954.2.
(d) Nothing in this section shall be construed to empower a county
to enter into any commercial arrangement under which the logo of a
county or any of its departments can be reproduced and distributed in
a manner to enable impersonation of a county official or safety
employee.
(e) Nothing in this section is intended to vest in any person the
right to enter into a marketing agreement with a county.