TRANSIT ADVERTISING POLICY

KINGS COUNTY AREA PUBLIC TRANSIT AGENCY

The Kings County Area Public Transportation Agency (hereinafter referred to as KCAPTA) will accept limited advertising on and in its vehicles, at designated areas within its transit facilities and at other transit sites as it deems appropriate to the following guidelines:

I. Purpose and Intent

The purpose of this policy is to create definite, uniform standards for the display of advertising on KCAPTA buses, bus shelters and any and all other forums owned, leased, controlled or operated by KCAPTA.  It is KCAPTA’s policy that any and all forums for advertising under this policy are not public forums for political discourse or expressive activity. These areas are not intended to provide a forum for all types of advertisements, but only the limited advertisements accepted under the policy. All advertising shall be subject to this uniform, viewpoint-neutral policy.

It is KCAPTA’s declared intent and purpose to take into account interests which are of importance to the operation of the KCAPTA system. These interests include:

A. Maximizing revenues by advertising;

B. Maintaining an orderly administration and operation of KCAPTA’s transportation system, which includes maximizing revenues by attracting and maintaining the patronage of passengers;

C. Maintaining the safety of passengers;

D. Protecting minors who travel on the KCAPTA system; and

E. Avoiding any potential identification of KCAPTA with the viewpoints expressed in advertisement on transit property.

KCAPTA reserves the right to amend these policies and standards at any time.  Any revisions or amendments to this policy will be in writing and supplied to all advertising contractors. Any member of the public may obtain a copy of these standards at any time, upon request.

II. Advertising Standards and Restrictions

A. Permitted Advertising Content

It is the intent of KCAPTA to permit commercial advertising for products and services.  All commercial and promotional advertising must meet or exceed high quality standards of art and design as exemplified in the industry and as determined by KCAPTA or its authorized Advertising Contractor as defined herein.

  1. Commercial and Promotional Advertising.  Commercial and promotional advertising promotes or solicits the sale, rental, distribution or availability of goods, services, food,  entertainment, events, programs, transaction, donations, products or property for commercial purposes or more generally promotes an entity that engages in such activity.

  2. Disclaimer. KCAPTA reserves the right, in all circumstances, to require an advertisement to include a disclaimer indicating that it is not sponsored by, and does not necessarily reflect the views of KCAPTA.

  3. Additional Requirement. Any advertising in which the identity of the sponsor is not readily and unambiguously identified must include the following phrase to identify the sponsor in clearly visible letters (no smaller than 72 point type for exteriors and 24 point type for interiors):  “Advertisement paid for by [Sponsor s Name].”

  4. Government Use. KCAPTA reserves the right to utilize any areas it has deemed appropriate for advertising pursuant to this policy for its own promotional purposes, including, but not limited to, the promotion of city-sponsored events, or to permit use by other governmental agencies for the promotion of local governmental services.

B. Prohibited Advertising Content

KCAPTA intends that its advertising venues constitute nonpublic forums that are subject to the viewpoint-neutral restrictions set forth below.  Certain forms of paid and unpaid advertising will not be permitted for placement or display on or in KCAPTA property.  KCAPTA reserves the right to reasonably reject any advertisement proposed by an advertiser to be displayed on or in the KCAPTA facilities.  It is KCAPTA's policy to only accept advertising related to the sales of goods and services.  KCAPTA's right to              reasonably reject any proposed advertisement is based upon KCAPTA's desire to protect the safety and personal feelings of its passengers.  In exercising this right, KCAPTA intends to avoid consequences that may discourage, rather than enhance ridership, may result in either reduced subsidies, increased fares or diminished services, and/or may promote conduct otherwise legal, but not permitted on the KCAPTA buses.  No advertisement will be displayed or maintained if the advertisement or information contained in it falls within one or more of the following categories:

  1. False, misleading, or deceptive commercial speech.  This advertisement proposes a commercial transaction, and the advertisement, or any material contained in it, is false, misleading, or deceptive.

  2. Unlawful goods or services.  This advertisement, or any material contained in it, promotes or encourages, or appears to promote or encourage, the use or possession of unlawful or illegal goods or services under local, state, or federal laws.

  3. Unlawful conduct.  The advertisement, or any material contained in it, promotes or encourages, or appears to promote or encourage, unlawful or illegal behavior or activities under local, state or federal laws.

  4. Endorsement.  The advertisement, or any material contained in it, implies or declares an endorsement by KCAPTA of any service, product or point of view, without prior written authorization of KCAPTA (through its Executive Director).

  5. Obscenity or Nudity.  Contains any nudity, obscenity, sexual content, sexual excitement, or sadomasochistic abuse as those terms defined in California State statutes.

  6. Prurient sexual suggestiveness.  The advertisement contains material that describes, depicts, or represents sexual activities or aspects of the human anatomy in a way that the average adult, applying contemporary or community standards, would find appeals to the prurient interest of minors or adults in sex.

  7. Tobacco.  The advertisement promotes the sale or use of tobacco or tobacco-related products.

  8. Alcohol, Marijuana, and Regulated Substances.  Advertising that promotes the sale or use of beer, wine, distilled spirits, alcoholic beverages, or any substance licensed and regulated under California law; however, this prohibition shall not prohibit advertising that includes the name of a restaurant that is open to minors.

  9. Firearms.   Advertisement that promotes or solicits the unlicensed and unregulated sale, rental, distribution or availability of firearms or firearms-related products.

  10. Demeaning or disparaging.  Advertising that includes language, pictures, or other graphic representations that are derogatory or defamatory of any person or group because of race, color, national origin, ethnic background, age, disability, ancestry, marital or  parental status, military discharge status, source of income, religion, gender or sexual orientation.

  11. Profanity.  The advertisement contains profane language.

  12. Violence.  The advertisement contains and image or description of graphic violence or the depiction of weapons or other implements or devices associated in the advertisement with an act or acts of violence or harm on a person or animal.

  13. Adult-oriented goods or services.  The advertisement promotes or encourages, or appears to promote or encourage, adult book stores, nude dance clubs and other adult entertainment establishments, adult telephone services, adult Internet sites and escort services.

  14. Political.  Advertisement promoting or opposing (i) a political party; (ii) the election of any candidate or group of candidates for federal, state or local government offices; (iii) any legislation, initiative, referendum or ballot measure; or (iv) a political action committee, political campaign or political philosophy.

  15. Public Issue.  Advertising expressing or advocating an opinion, position, or viewpoint on matters of public debate about economic, political, religious or social issues.

  16. Harmful or Disruptive to Transit System.  Any material that is so objectionable under contemporary community standards as to be reasonably foreseeable that it will result in harm to, disruption of or interference with KCAPTA’s transportation system.

III. Advertising Program and Administration

A. Administration.

KCAPTA shall select an Advertising Contractor who shall be responsible for the daily administration of KCAPTA’s advertising program, in a manner consistent with these guidelines.  KCAPTA shall designate the Office Manager to be the primary contact for KCAPTA with the Advertising Contractor.

B. Procedure.

The Advertising Contractor shall review each advertisement submitted for display on or in KCAPTA’s property to determine whether the advertisement falls within the adopted standards and guidelines.  If it appears the advertisement may be questionable; the Contractor shall notify the Executive Director at KCAPTA before the advertisement is approved and installed.

  1. The Executive Director will review the advertisement to determine whether the advertisement meets the adopted standards and guidelines set forth in Section II of this policy.

  2. If the Executive Director determines that the advertisement does not meet the adopted standards and guidelines, or where there is uncertainty as to whether or not a particular advertisement meets such guidelines, the Executive Director shall refer the matter to the KCAPTA Board of Directors for a determination.  If the Board finds the advertisement does not violate the standards, it will inform the Executive Director who will advise Contractor of determination. The Board is the final authority.

 

C. Competitive Advertising and Advertisers.

 

  1. Advertisements involving competitive products or services shall not be displayed on the same bus or bus stop.

  2. Advertisers competing for the same bus or bus stop, for vinyl wrap, or for the same specific panel(s), shall submit written proposals to KCAPTA.  Proposals will be reviewed by the Executive Director.  Proposals will be rated based on design, benefit to the community, benefit to KCAPTA, and how payment will be made to KCAPTA.  If all proposals are determined to be equal, then KCAPTA reserves the right to accept bids for the advertising space.

D. Execution.

All advertising displayed on the KCAPTA system shall be authorized by a fully executed Transit Advertising Contract, by and between the KCAPTA and the Advertiser.

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