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ARTICLE · 31 JULY 2018

Advertising Outdoors? Check The Rules!

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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So, dear reader, you thought it was enough to know federal and state laws governing advertising? Think again.

United StatesMedia, Telecoms, IT, Entertainment

So, dear reader, you thought it was enough to know federal and state laws governing advertising?  Think again. Municipalities and other local governing bodies also can, and do, regulate advertising practices and some of those bodies are active in enforcing them, like New York City.

This case involves a Queens lawyer who put up billboards advertising his law practice on buildings he owned through corporate entities throughout New York City. He did not obtain a permit from the Department of Buildings for the billboards as is required under New York City Administrative Code for building owners operating as an outdoor advertising company ("OAC"). And, had he directly owned the buildings, he would not have needed one because he was advertising his own business, not operating as an OAC.  However, because he owned the buildings through corporate entities, he did need a permit as an OAC, and since he didn't get one, he is now liable for close to $400,000 in fines.  A panel

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