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.
STATE OF NEW YORK
________________________________________________________________________
11335
IN ASSEMBLY
May 11, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
read once and referred to the Committee on Economic Development
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
25 confidentially report information about prohibited conduct to the
26 authority. The authority shall promulgate rules governing the investi-
27 gation and resolution of a charge of any person purported to have
28 engaged in prohibited conduct.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10079-01-5
A. 11335 2
1 § 3. The alcoholic beverage control law is amended by adding a new
2 section 107-b to read as follows:
3 § 107-b. Advertising restrictions. 1. As used in this section, the
4 term "advertisement" shall mean any notice or communication to the
5 public or any information concerning alcoholic beverages of a licensee
6 or permit applicant through broadcasting, publication or any other means
7 of dissemination, including electronic dissemination. Promotional activ-
8 ities are considered advertisements for purposes of this section.
9 2. No person shall directly or indirectly promote, offer or advertise
10 any alcoholic beverage to persons located in New York state unless
11 licensed pursuant to this chapter.
12 3. Advertising shall be based upon fact, and shall not be false,
13 deceptive or misleading, and no advertising by or on behalf of a licen-
14 see shall:
15 (a) Use any type, size, location, lighting, illustration, graphic
16 depiction or color resulting in the obscuring of any material fact;
17 (b) Fail to clearly and conspicuously specify and state any material
18 conditions or limiting factors;
19 (c) Depict any person under the age of twenty-one consuming an alco-
20 holic beverage and related activities; or
21 (d) Fail to designate and state the name and location of the licensed
22 facility conducting the advertisement. The location of the licensed
23 facility need not be included on billboards within thirty miles of such
24 facility.
25 4. Each advertisement shall, clearly and conspicuously, state an alco-
26 holism hotline number required pursuant to subdivision seven of this
27 section.
28 5. Each licensee or permit applicant shall provide to the authority at
29 its main office a complete and accurate copy of all advertisements with-
30 in five business days of the advertisement's public dissemination.
31 Licensees or permit applicants shall discontinue the public dissem-
32 ination upon receipt of notice from the authority to discontinue an
33 advertisement.
34 6. A licensee or permit applicant shall maintain a complete record of
35 all advertisements for a period of at least two years. Records shall be
36 made available to the authority upon request.
37 7. (a) Advertisements for alcoholic beverages shall contain an alco-
38 holism assistance message comparable to one of the following: (i) If you
39 or someone you know suffer from alcoholism, help is available. Call
40 (877-8-HOPENY) or text HOPENY (46769); (ii) Suffering from Alcoholism?
41 Call (877-8-HOPENY) or text HOPENY (46769); or (iii) any other message
42 approved in writing by the authority.
43 (b) Unless otherwise approved in writing by the authority, the alco-
44 holism assistance message shall meet the following requirements: (i) for
45 signs, direct mail marketing materials, posters and other print adver-
46 tisements, the height of the font used for the alcoholism assistance
47 message must be the greater of: (1) the same size as the majority of the
48 text used in the sign, direct mail marketing material, poster or other
49 print advertisement; and (2) two percent of the height or width, which-
50 ever is greater, of the sign, direct mail marketing material, poster or
51 other print advertisement; (ii) for billboards, the height of the font
52 used for the alcoholism assistance message must be at least five percent
53 of the height or width, whichever is greater, of the face of the bill-
54 board; (iii) for video and television, the alcoholism assistance message
55 must be visible for either: (1) the entire time the video or television
56 advertisement is displayed, in which case the height of the font used
A. 11335 3
1 for the problem alcoholism assistance message must be at least two
2 percent of the height or width, whichever is greater, of the image that
3 will be displayed; or (2) from the first time an alcoholic beverage,
4 alcohol or the licensed facility name is displayed or orally referenced,
5 and on a dedicated screenshot visible for at least the last three
6 seconds of the video or television advertisement. If the licensee elects
7 to use this option, the height of the font used for the alcoholism
8 assistance message displayed: (A) during the advertisement must be at
9 least two percent of the height or width, whichever is greater, of the
10 image that will be displayed; and (B) on the dedicated screen shot must
11 be at least eight percent of the height or width, whichever is greater,
12 of the image that will be displayed; (iv) for websites, including social
13 media sites and mobile phone applications: (1) the problem alcoholism
14 assistance message must be posted on each webpage or profile page and on
15 any alcoholic beverage related advertisement posted on the webpage or
16 profile page; (2) the height of the font used for the problem alcoholism
17 assistance message must be at least the same size as the majority of the
18 text used in the webpage or profile page; and (3) for advertisements
19 posted on the webpage or profile page, the height of the font used for
20 the alcoholism assistance message must comply with clause two of this
21 subparagraph.
22 § 4. This act shall take effect on the one hundred twentieth day after
23 it shall have become a law, provided, however that the amendments to
24 section 17 of the alcoholic beverage control law made by section one of
25 this act shall be subject to the expiration and reversion of such
26 section pursuant to section 4 of chapter 118 of the laws of 2012, as
27 amended, when upon such date the provisions of section two of this act
28 shall take effect.
