BILL NUMBER: S5388
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 grap-
ple 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:
2023-2024: S5619 - Died in Investigations & Government Operations
 
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.

Statutes affected:
S5388: 17 alcoholic beverage control law