Advertising space on the Proctors State Street marquee must be especially coveted this month, with Hamilton: The Musical, opening for a 13-day run on August 14, and crowds of theater-goers and media reps  expected. (see Gazette coverage). Of course, we shouldn’t expect Proctors to take advantage of that demand and display signs for other enterprises, because “Off-premises signs” — signs for businesses not offering services or products on the lot where the sign is located — are specifically prohibited under Schenectady’s zoning ordinance for signage. [§264-62(G)]

When Proctors was granted its Special Use Permit to install 5 digital signs in September 2013, it was specifically reminded that it could not display paid advertising for off-premises businesses. Here’s an excerpt from the Planning Commission Minutes of September 18, 2013, when the SUP was approved:

Public Comments: A member of the public asked if there would be paid advertising on the sign. The applicant responded that while the sign might mention event sponsors, there would be no paid advertising. City staff noted that paid advertising would constitute an off-premise sign, which is not allowed under the city sign ordinance.

• The screenshot to the right shows the relevant sections of Schenectady’s Signage Code, Prohibited Signs and Definitions. By the way, no new billboards are allowed in Schenectady, unless the requested permit fits a restrictive definition as being “a relocation of two billboards existing prior to the effective date of this chapter.”
• Note:  You do not have to pay directly for a sign for it to be considered a prohibited off-premise sign. Under our Code the definition of a sign is broad, and means “display of an advertisement, announcement, notice, directional matter or name”, and includes “any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.” I’m sure the Bonadio Group of CPAs and consultants could explain the relevant issues to Proctors, including treatment of benefits received by a donor to a non-profit and vice-versa.

I was at State and Jay the morning after Hamilton opened for other purposes, but when looking at the Proctors Marquee I could not help but notice that it often had what can only be called ads for off-premise businesses. And, those ads tended to stay on the LCD screen the full 8 seconds required under the City Code for electronic message boards. The collage shows at least seven such off-premise signs that I saw in the brief time I was on the block (click on it for a larger version).

In typical Applicant-fashion, Proctors representative told the Planning Commission it would not have such ads, while signaling its likely argument if caught doing so – saying that “the sign might mention event sponsors.” I do recall in other years seeing companies such as the Times Union and MVP mentioned as sponsors. But, the signs now showing at Proctors are not that subtle.

Readers of this space know: (1) I get irked when important local persons and institutions act like scofflaws and the City’s rule-enforcers turn a blind eye to their favorite persons and entities. And, (2) I have long been concerned about the way Proctors went about getting its Special Use Permit for its marquee signs. [See, e.g.,our discussion here] I hope the appropriate people will quickly take action to correct this situation.

When City Hall chose to subject the public to the hazards of digital signs at the busiest block in the City, to please a local favorite institution, I do not think it did so to help the other companies now taking up space on Proctors marquee. If, however, that little bit of “business friendly” governance was intentional, there is still time to correct the situation. Proctors and Philip Morris are local cultural icons, but that should not give them immunity from playing within the rules.

follow-up (Sept. 1, 2019):  A pleasant stroll on the Proctors block yesterday (Saturday, Aug. 31) was interrupted when I saw a Heineken bottle displayed across the Proctors marquee. I took out my little Fuji camera and snapped shots of off-premise ads until the Heineken ad returned. There were 19 such ads over about 15 minutes. Here is a compilation. I have just left a complaint at the City’s Citizen’s Request Tracker, noting the violation of Zoning Code §264-62(G) and providing this collage.

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follow-up (September 24, 2019): On September 18, 2019, Christine Primiano, the City’s Chief Planning officer, wrote me to say:

It’s our understanding that Proctor’s is in compliance now.”

Proctors is working on redesigning these currently. Thank  you.

.

From: David Giacalone <dgiacalone@nycap.rr.com>
Subject: Re: Proctors Marquee is still a billboard
Date: September 24, 2019 at 4:12:44 PM EDT
To: Leesa Perazzo <LPerazzo@schenectadyny.gov>
Cc: Mary Moore Wallinger <mmwallinger@landartstudiony.com>, Christine Primiano <cprimiano@schenectadyny.gov>

Thanks, Leesa,

I am concerned that we will end up with what is really an off-premise ad —still prominently mentioning a seller of goods or services — that happens to mention the arts or Proctors. That is very different from an image meant to promote a Proctors show with a tiny “sponsored by” acknowledgement in the corner.

I hope that the Planning Office will insist that the intent and spirit of the No Off-Premise Ad Ban must be honored, even by Proctors.

Thanks for following-up on this.

David

WHY SHOULD WE CARE? Many of my fellow Schenectady residents will surely react to my complaint about the Proctors Billboard by thinking something like: “Proctors is so wonderful, let them do what they want to do. And, leave them alone, David!”