Bill Text: NY A10658 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Expands advertising restrictions for gaming facility licensees and applicants to include mobile sports wagering licensees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-07-22 - referred to racing and wagering [A10658 Detail]

Download: New_York-2023-A10658-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          10658

                   IN ASSEMBLY

                                      July 22, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Vanel) --
          read once and referred to the Committee on Racing and Wagering

        AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
          relation to advertising restrictions for mobile sports wagering licen-
          sees

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1363 of the racing, pari-mutuel wagering and breed-
     2  ing law, as added by chapter 174 of the laws of 2013, is amended to read
     3  as follows:
     4    § 1363. Advertising restrictions. 1. As used in this section:
     5    (a) "advertisement" shall mean any  notice  or  communication  to  the
     6  public  or  any  information concerning the gaming-related business of a
     7  gaming facility licensee or applicant or a mobile sports wagering licen-
     8  see through broadcasting, publication or  any  other  means  of  dissem-
     9  ination, including electronic dissemination.  Promotional activities are
    10  considered advertisements for purposes of this section.
    11    (b)  "direct  advertisement" shall mean any advertisement as described
    12  in paragraph (a) of this subdivision that is disseminated to a  specific
    13  individual or individuals.
    14    (c)  "mobile  sports wagering licensee" shall have the same meaning as
    15  defined in section thirteen hundred sixty-seven of this article.
    16    2. Advertising shall be based upon  fact,  and  shall  not  be  false,
    17  deceptive  or misleading, and no advertising by or on behalf of a gaming
    18  facility licensee or a mobile sports wagering licensee 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 [engaging in  gaming
    24  and  related  activities],  except where such advertisement incidentally
    25  depicts a person under the age of twenty-one; or
    26    (d) Fail to designate and state the name and location  of  the  gaming
    27  facility conducting the advertisement. The location of the gaming facil-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15948-02-4
        A. 10658                            2

     1  ity need not be included on billboards within thirty miles of the gaming
     2  facility.
     3    3.  Each advertisement shall, clearly and conspicuously, state a prob-
     4  lem gambling hotline number.  Where the advertisement is a  video,  such
     5  gambling  hotline number shall be visible for the entire duration of the
     6  advertisement.
     7    4.  Each  direct  advertisement  shall,  clearly  and   conspicuously,
     8  describe  a  method or methods by which an individual may designate that
     9  the individual does not wish to receive any future direct advertisement.
    10    (a) The described method must be by at least two of the following:
    11    (1) Telephone;
    12    (2) Regular U.S. mail; or
    13    (3) Electronic mail.
    14    (b) Upon receipt of an individual's request to discontinue receipt  of
    15  future  advertisement,  a  gaming  facility  licensee  or applicant or a
    16  mobile sports wagering licensee  shall  block  the  individual  in  [the
    17  gaming  facility  licensee's] such licensees' or applicant's database so
    18  as to prevent the individual from receiving future direct advertisements
    19  within fifteen days of receipt of the request.
    20    5. Each gaming facility licensee  or  applicant  or  a  mobile  sports
    21  wagering  licensee  shall provide to the commission at its main office a
    22  complete and accurate copy of all advertisements  within  five  business
    23  days of the advertisement's public dissemination. Gaming facility licen-
    24  sees or applicants or mobile sports wagering licensees shall discontinue
    25  the  public  dissemination upon receipt of notice from the commission to
    26  discontinue an advertisement.
    27    6. A gaming facility licensee or applicant or a mobile sports wagering
    28  licensee shall maintain a complete record of all  advertisements  for  a
    29  period  of  at  least  two years. Records shall be made available to the
    30  commission upon request.
    31    § 2. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law.