STATE OF NEW YORK
________________________________________________________________________
5619
2023-2024 Regular Sessions
IN SENATE
March 9, 2023
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
restricting advertisements for alcoholic beverages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 17 of the alcoholic beverage control law is amended
2 by adding a new subdivision 10 to read as follows:
3 10. To promulgate rules that require any holder of a license or permit
4 issued pursuant to this chapter to implement responsible drinking
5 programs that include comprehensive employee trainings on responding to
6 circumstances in which individuals present signs of alcohol abuse or
7 suffering from the disease of alcoholism and requirements for such
8 licensee or permit holder to assess, prevent, and address alcohol abuse
9 by users under the age of thirty. The authority shall establish a
10 hotline or other method of communication that will allow any person to
11 confidentially report information about prohibited conduct to the
12 authority. The authority shall promulgate rules governing the investi-
13 gation and resolution of a charge of any person purported to have
14 engaged in prohibited conduct.
15 § 2. Section 17 of the alcoholic beverage control law is amended by
16 adding a new subdivision 15 to read as follows:
17 15. To promulgate rules that require any holder of a license or permit
18 issued pursuant to this chapter to implement responsible drinking
19 programs that include comprehensive employee trainings on responding to
20 circumstances in which individuals present signs of alcohol abuse or
21 suffering from the disease of alcoholism and requirements for such
22 licensee or permit holder to assess, prevent, and address alcohol abuse
23 by users under the age of thirty. The authority shall establish a
24 hotline or other method of communication that will allow any person to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09968-01-3
S. 5619 2
1 confidentially report information about prohibited conduct to the
2 authority. The authority shall promulgate rules governing the investi-
3 gation and resolution of a charge of any person purported to have
4 engaged in prohibited conduct.
5 § 3. The alcoholic beverage control law is amended by adding a new
6 section 107-b to read as follows:
7 § 107-b. Advertising restrictions. 1. As used in this section, the
8 term "advertisement" shall mean any notice or communication to the
9 public or any information concerning alcoholic beverages of a licensee
10 or permit applicant through broadcasting, publication or any other means
11 of dissemination, including electronic dissemination. Promotional activ-
12 ities are considered advertisements for purposes of this section.
13 2. No person shall directly or indirectly promote, offer or advertise
14 any alcoholic beverage to persons located in New York state unless
15 licensed pursuant to this chapter.
16 3. Advertising shall be based upon fact, and shall not be false,
17 deceptive or misleading, and no advertising by or on behalf of a licen-
18 see shall:
19 (a) Use any type, size, location, lighting, illustration, graphic
20 depiction or color resulting in the obscuring of any material fact;
21 (b) Fail to clearly and conspicuously specify and state any material
22 conditions or limiting factors;
23 (c) Depict any person under the age of twenty-one consuming an alco-
24 holic beverage and related activities; or
25 (d) Fail to designate and state the name and location of the licensed
26 facility conducting the advertisement. The location of the licensed
27 facility need not be included on billboards within thirty miles of such
28 facility.
29 4. Each advertisement shall, clearly and conspicuously, state an alco-
30 holism hotline number required pursuant to subdivision seven of this
31 section.
32 5. Each licensee or permit applicant shall provide to the authority at
33 its main office a complete and accurate copy of all advertisements with-
34 in five business days of the advertisement's public dissemination.
35 Licensees or permit applicants shall discontinue the public dissem-
36 ination upon receipt of notice from the authority to discontinue an
37 advertisement.
38 6. A licensee or permit applicant shall maintain a complete record of
39 all advertisements for a period of at least two years. Records shall be
40 made available to the authority upon request.
41 7. (a) Advertisements for alcoholic beverages shall contain an alco-
42 holism assistance message comparable to one of the following: (i) If you
43 or someone you know suffer from alcoholism, help is available. Call
44 (877-8-HOPENY) or text HOPENY (46769); (ii) Suffering from Alcoholism?
45 Call (877-8-HOPENY) or text HOPENY (46769); or (iii) any other message
46 approved in writing by the authority.
47 (b) Unless otherwise approved in writing by the authority, the alco-
48 holism assistance message shall meet the following requirements: (i) for
49 signs, direct mail marketing materials, posters and other print adver-
50 tisements, the height of the font used for the alcoholism assistance
51 message must be the greater of: (1) the same size as the majority of the
52 text used in the sign, direct mail marketing material, poster or other
53 print advertisement; and (2) two percent of the height or width, which-
54 ever is greater, of the sign, direct mail marketing material, poster or
55 other print advertisement; (ii) for billboards, the height of the font
56 used for the alcoholism assistance message must be at least five percent
S. 5619 3
1 of the height or width, whichever is greater, of the face of the bill-
2 board; (iii) for video and television, the alcoholism assistance message
3 must be visible for either: (1) the entire time the video or television
4 advertisement is displayed, in which case the height of the font used
5 for the problem alcoholism assistance message must be at least two
6 percent of the height or width, whichever is greater, of the image that
7 will be displayed; or (2) from the first time an alcoholic beverage,
8 alcohol or the licensed facility name is displayed or orally referenced,
9 and on a dedicated screenshot visible for at least the last three
10 seconds of the video or television advertisement. If the licensee elects
11 to use this option, the height of the font used for the alcoholism
12 assistance message displayed: (A) during the advertisement must be at
13 least two percent of the height or width, whichever is greater, of the
14 image that will be displayed; and (B) on the dedicated screen shot must
15 be at least eight percent of the height or width, whichever is greater,
16 of the image that will be displayed; (iv) for websites, including social
17 media sites and mobile phone applications: (1) the problem alcoholism
18 assistance message must be posted on each webpage or profile page and on
19 any alcoholic beverage related advertisement posted on the webpage or
20 profile page; (2) the height of the font used for the problem alcoholism
21 assistance message must be at least the same size as the majority of the
22 text used in the webpage or profile page; and (3) for advertisements
23 posted on the webpage or profile page, the height of the font used for
24 the alcoholism assistance message must comply with subparagraph two of
25 this paragraph.
26 § 4. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law, provided, however that the amendments made
28 to section 17 of the alcoholic beverage control law made by section one
29 of this act shall be subject to the expiration and reversion of such
30 section pursuant to section 4 of chapter 118 of the laws of 2012, as
31 amended, when upon such date the provisions of section two of this act
32 shall take effect.
