NY State Senate Bill 2023-S5619

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Mar 09, 2023	referred to investigations and government operations

2023-S5619 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §17, add §107-b, ABC L

2023-S5619 (ACTIVE) - Summary

Restricts advertisements for alcoholic beverages; requires an alcoholism hotline number on each advertisement; requires the State Liquor Authority to promulgate rules that require licensees to implement responsible drinking programs that include comprehensive employee trainings on responding to circumstances in which individuals present signs of alcohol abuse or suffering from the disease of alcoholism and requirements for such licensee or permit holder to assess, prevent, and address alcohol abuse by users under the age of thirty.

2023-S5619 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5619

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
restricting advertisements for alcoholic beverages

 
PURPOSE:

Requires advertisements for alcoholic beverages to adhere to certain
rules and regulations.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 17 of the alcoholic beverage control law to
grant the New York State Liquor Authority the responsibility of promul-
gating rules that require any holder of a license or permit to implement
responsible drinking programs, as well as to establish a hotline or
other method of communication that will allow any person to confiden-
tially report information about prohibited conduct to the authority.

Section 2 amends section 17 of the alcoholic beverage control law to
require any holder of a license or permit to implement responsible
drinking programs, as well as establish a hotline or other method of
communication that will allow any person to confidentially report infor-
mation about prohibited conduct to the authority.

Section 3 amends the alcoholic beverage control law to require that
advertising be based on fact and that visual elements may not be used to
obscure any material facts. Individuals under the age of twenty-one must
not be depicted consuming alcohol. Each advertisement must clearly show
an alcoholism hotline number. All advertisements must be sent to the
authority within five business days of the advertisement's public
dissemination, and licensees must keep a two-year record of all adver-
tisements.

Section 4 states the effective date.

 
JUSTIFICATION:

According to The Behavioral Risk Factor Surveillance System, a survey
developed by the Centers for Disease Control and Prevention and adminis-
tered by the New York State Department of Health, almost 20% of New York
adults have reported excessive alcohol use, either in the form of binge
drinking or heavy drinking. Excessive alcohol use is the cause of over
4,000 deaths per year in New York State alone.

As we continue to grapple with drastically heightened rates of substance
abuse and reliance on alcohol in the wake of COVID-19, it makes sense to
institute safeguards and warnings regarding consumable products that can
be addicting. This is especially true for younger individuals who may be
more persuadable and thus at risk for overconsumption. In order to
combat this issue, more responsibility must be placed on advertisers to
ensure New Yorkers are not being misled about the effects of alcohol,
and are informed of the resources available for those struggling with
alcohol use disorder.

 
LEGISLATIVE HISTORY:
This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2023-S5619 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5619
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Section 17 of the alcoholic beverage control law is amended
 by adding a new subdivision 10 to read as follows:
   10. TO PROMULGATE RULES THAT REQUIRE ANY HOLDER OF A LICENSE OR PERMIT
 ISSUED PURSUANT  TO  THIS  CHAPTER  TO  IMPLEMENT  RESPONSIBLE  DRINKING
 PROGRAMS  THAT INCLUDE COMPREHENSIVE EMPLOYEE TRAININGS ON RESPONDING TO
 CIRCUMSTANCES IN WHICH INDIVIDUALS PRESENT SIGNS  OF  ALCOHOL  ABUSE  OR
 SUFFERING  FROM  THE  DISEASE  OF  ALCOHOLISM  AND REQUIREMENTS FOR SUCH
 LICENSEE OR PERMIT HOLDER TO ASSESS, PREVENT, AND ADDRESS ALCOHOL  ABUSE
 BY  USERS  UNDER  THE  AGE  OF  THIRTY.  THE AUTHORITY SHALL ESTABLISH A
 HOTLINE OR OTHER METHOD OF COMMUNICATION THAT WILL ALLOW ANY  PERSON  TO
 CONFIDENTIALLY  REPORT  INFORMATION  ABOUT  PROHIBITED  CONDUCT  TO  THE
 AUTHORITY. THE AUTHORITY SHALL PROMULGATE RULES GOVERNING  THE  INVESTI-
 GATION  AND  RESOLUTION  OF  A  CHARGE  OF  ANY PERSON PURPORTED TO HAVE
 ENGAGED IN PROHIBITED CONDUCT.
   § 2. Section 17 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 15 to read as follows:
   15. TO PROMULGATE RULES THAT REQUIRE ANY HOLDER OF A LICENSE OR PERMIT
 ISSUED  PURSUANT  TO  THIS  CHAPTER  TO  IMPLEMENT  RESPONSIBLE DRINKING
 PROGRAMS THAT INCLUDE COMPREHENSIVE EMPLOYEE TRAININGS ON RESPONDING  TO
 CIRCUMSTANCES  IN  WHICH  INDIVIDUALS  PRESENT SIGNS OF ALCOHOL ABUSE OR
 SUFFERING FROM THE DISEASE  OF  ALCOHOLISM  AND  REQUIREMENTS  FOR  SUCH
 LICENSEE  OR PERMIT HOLDER TO ASSESS, PREVENT, AND ADDRESS ALCOHOL ABUSE
 BY USERS UNDER THE AGE  OF  THIRTY.  THE  AUTHORITY  SHALL  ESTABLISH  A
 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
 
 CONFIDENTIALLY  REPORT  INFORMATION  ABOUT  PROHIBITED  CONDUCT  TO  THE
 AUTHORITY.  THE  AUTHORITY SHALL PROMULGATE RULES GOVERNING THE INVESTI-
 GATION AND RESOLUTION OF A  CHARGE  OF  ANY  PERSON  PURPORTED  TO  HAVE
 ENGAGED IN PROHIBITED CONDUCT.
   §  3.  The  alcoholic  beverage control law is amended by adding a new
 section 107-b to read as follows:
   § 107-B. ADVERTISING RESTRICTIONS. 1. AS USED  IN  THIS  SECTION,  THE
 TERM  "ADVERTISEMENT"  SHALL  MEAN  ANY  NOTICE  OR COMMUNICATION TO THE
 PUBLIC OR ANY INFORMATION CONCERNING ALCOHOLIC BEVERAGES OF  A  LICENSEE
 OR PERMIT APPLICANT THROUGH BROADCASTING, PUBLICATION OR ANY OTHER MEANS
 OF DISSEMINATION, INCLUDING ELECTRONIC DISSEMINATION. PROMOTIONAL ACTIV-
 ITIES ARE CONSIDERED ADVERTISEMENTS FOR PURPOSES OF THIS SECTION.
   2.  NO PERSON SHALL DIRECTLY OR INDIRECTLY PROMOTE, OFFER OR ADVERTISE
 ANY ALCOHOLIC BEVERAGE TO PERSONS  LOCATED  IN  NEW  YORK  STATE  UNLESS
 LICENSED PURSUANT TO THIS CHAPTER.
   3.  ADVERTISING  SHALL  BE  BASED  UPON  FACT, AND SHALL NOT BE FALSE,
 DECEPTIVE OR MISLEADING, AND NO ADVERTISING BY OR ON BEHALF OF A  LICEN-
 SEE SHALL:
   (A)  USE  ANY  TYPE,  SIZE,  LOCATION, LIGHTING, ILLUSTRATION, GRAPHIC
 DEPICTION OR COLOR RESULTING IN THE OBSCURING OF ANY MATERIAL FACT;
   (B) FAIL TO CLEARLY AND CONSPICUOUSLY SPECIFY AND STATE  ANY  MATERIAL
 CONDITIONS OR LIMITING FACTORS;
   (C)  DEPICT  ANY PERSON UNDER THE AGE OF TWENTY-ONE CONSUMING AN ALCO-
 HOLIC BEVERAGE AND RELATED ACTIVITIES; OR
   (D) FAIL TO DESIGNATE AND STATE THE NAME AND LOCATION OF THE  LICENSED
 FACILITY  CONDUCTING  THE  ADVERTISEMENT.  THE  LOCATION OF THE LICENSED
 FACILITY NEED NOT BE INCLUDED ON BILLBOARDS WITHIN THIRTY MILES OF  SUCH
 FACILITY.
   4. EACH ADVERTISEMENT SHALL, CLEARLY AND CONSPICUOUSLY, STATE AN ALCO-
 HOLISM  HOTLINE  NUMBER  REQUIRED  PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION.
   5. EACH LICENSEE OR PERMIT APPLICANT SHALL PROVIDE TO THE AUTHORITY AT
 ITS MAIN OFFICE A COMPLETE AND ACCURATE COPY OF ALL ADVERTISEMENTS WITH-
 IN FIVE BUSINESS  DAYS  OF  THE  ADVERTISEMENT'S  PUBLIC  DISSEMINATION.
 LICENSEES  OR  PERMIT  APPLICANTS  SHALL  DISCONTINUE THE PUBLIC DISSEM-
 INATION UPON RECEIPT OF NOTICE FROM  THE  AUTHORITY  TO  DISCONTINUE  AN
 ADVERTISEMENT.
   6.  A LICENSEE OR PERMIT APPLICANT SHALL MAINTAIN A COMPLETE RECORD OF
 ALL ADVERTISEMENTS FOR A PERIOD OF AT LEAST TWO YEARS. RECORDS SHALL  BE
 MADE AVAILABLE TO THE AUTHORITY UPON REQUEST.
   7.  (A)  ADVERTISEMENTS FOR ALCOHOLIC BEVERAGES SHALL CONTAIN AN ALCO-
 HOLISM ASSISTANCE MESSAGE COMPARABLE TO ONE OF THE FOLLOWING: (I) IF YOU
 OR SOMEONE YOU KNOW SUFFER FROM  ALCOHOLISM,  HELP  IS  AVAILABLE.  CALL
 (877-8-HOPENY)  OR  TEXT HOPENY (46769); (II) SUFFERING FROM ALCOHOLISM?
 CALL (877-8-HOPENY) OR TEXT HOPENY (46769); OR (III) ANY  OTHER  MESSAGE
 APPROVED IN WRITING BY THE AUTHORITY.
   (B)  UNLESS  OTHERWISE APPROVED IN WRITING BY THE AUTHORITY, THE ALCO-
 HOLISM ASSISTANCE MESSAGE SHALL MEET THE FOLLOWING REQUIREMENTS: (I) FOR
 SIGNS, DIRECT MAIL MARKETING MATERIALS, POSTERS AND OTHER  PRINT  ADVER-
 TISEMENTS,  THE  HEIGHT  OF  THE FONT USED FOR THE ALCOHOLISM ASSISTANCE
 MESSAGE MUST BE THE GREATER OF: (1) THE SAME SIZE AS THE MAJORITY OF THE
 TEXT USED IN THE SIGN, DIRECT MAIL MARKETING MATERIAL, POSTER  OR  OTHER
 PRINT  ADVERTISEMENT; AND (2) TWO PERCENT OF THE HEIGHT OR WIDTH, WHICH-
 EVER IS GREATER, OF THE SIGN, DIRECT MAIL MARKETING MATERIAL, POSTER  OR
 OTHER  PRINT  ADVERTISEMENT; (II) FOR BILLBOARDS, THE HEIGHT OF THE FONT
 USED FOR THE ALCOHOLISM ASSISTANCE MESSAGE MUST BE AT LEAST FIVE PERCENT
 S. 5619                             3
 
 OF THE HEIGHT OR WIDTH, WHICHEVER IS GREATER, OF THE FACE OF  THE  BILL-
 BOARD; (III) FOR VIDEO AND TELEVISION, THE ALCOHOLISM ASSISTANCE MESSAGE
 MUST  BE VISIBLE FOR EITHER: (1) THE ENTIRE TIME THE VIDEO OR TELEVISION
 ADVERTISEMENT  IS  DISPLAYED,  IN WHICH CASE THE HEIGHT OF THE FONT USED
 FOR THE PROBLEM ALCOHOLISM ASSISTANCE  MESSAGE  MUST  BE  AT  LEAST  TWO
 PERCENT  OF THE HEIGHT OR WIDTH, WHICHEVER IS GREATER, OF THE IMAGE THAT
 WILL BE DISPLAYED; OR (2) FROM THE FIRST  TIME  AN  ALCOHOLIC  BEVERAGE,
 ALCOHOL OR THE LICENSED FACILITY NAME IS DISPLAYED OR ORALLY REFERENCED,
 AND  ON  A  DEDICATED  SCREENSHOT  VISIBLE  FOR  AT LEAST THE LAST THREE
 SECONDS OF THE VIDEO OR TELEVISION ADVERTISEMENT. IF THE LICENSEE ELECTS
 TO USE THIS OPTION, THE HEIGHT OF  THE  FONT  USED  FOR  THE  ALCOHOLISM
 ASSISTANCE  MESSAGE  DISPLAYED:  (A) DURING THE ADVERTISEMENT MUST BE AT
 LEAST TWO PERCENT OF THE HEIGHT OR WIDTH, WHICHEVER IS GREATER,  OF  THE
 IMAGE  THAT WILL BE DISPLAYED; AND (B) ON THE DEDICATED SCREEN SHOT MUST
 BE AT LEAST EIGHT PERCENT OF THE HEIGHT OR WIDTH, WHICHEVER IS  GREATER,
 OF THE IMAGE THAT WILL BE DISPLAYED; (IV) FOR WEBSITES, INCLUDING SOCIAL
 MEDIA  SITES  AND  MOBILE PHONE APPLICATIONS: (1) THE PROBLEM ALCOHOLISM
 ASSISTANCE MESSAGE MUST BE POSTED ON EACH WEBPAGE OR PROFILE PAGE AND ON
 ANY ALCOHOLIC BEVERAGE RELATED ADVERTISEMENT POSTED ON  THE  WEBPAGE  OR
 PROFILE PAGE; (2) THE HEIGHT OF THE FONT USED FOR THE PROBLEM ALCOHOLISM
 ASSISTANCE MESSAGE MUST BE AT LEAST THE SAME SIZE AS THE MAJORITY OF THE
 TEXT  USED  IN  THE  WEBPAGE OR PROFILE PAGE; AND (3) FOR ADVERTISEMENTS
 POSTED ON THE WEBPAGE OR PROFILE PAGE, THE HEIGHT OF THE FONT  USED  FOR
 THE  ALCOHOLISM  ASSISTANCE MESSAGE MUST COMPLY WITH SUBPARAGRAPH TWO OF
 THIS PARAGRAPH.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, provided, however that the  amendments  made
 to  section 17 of the alcoholic beverage control law made by section one
 of this act shall be subject to the expiration  and  reversion  of  such
 section  pursuant  to  section  4 of chapter 118 of the laws of 2012, as
 amended, when upon such date the provisions of section two of  this  act
 shall take effect.

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Senate Bill S5619

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S5619 (ACTIVE) - Details

2023-S5619 (ACTIVE) - Summary

2023-S5619 (ACTIVE) - Sponsor Memo

2023-S5619 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5619

Share this bill

Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S5619 (ACTIVE) - Details

2023-S5619 (ACTIVE) - Summary

2023-S5619 (ACTIVE) - Sponsor Memo

2023-S5619 (ACTIVE) - Bill Text download pdf

Comments