S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10658
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Section 1363 of the racing, pari-mutuel wagering and breed-
 ing law, as added by chapter 174 of the laws of 2013, is amended to read
 as follows:
   § 1363. Advertising restrictions. 1. As used in this section:
   (a) "advertisement" shall mean any  notice  or  communication  to  the
 public  or  any  information concerning the gaming-related business of a
 gaming facility licensee or applicant OR A MOBILE SPORTS WAGERING LICEN-
 SEE through broadcasting, publication or  any  other  means  of  dissem-
 ination, including electronic dissemination.  Promotional activities are
 considered advertisements for purposes of this section.
   (b)  "direct  advertisement" shall mean any advertisement as described
 in paragraph (a) of this subdivision that is disseminated to a  specific
 individual or individuals.
   (C)  "MOBILE  SPORTS WAGERING LICENSEE" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS ARTICLE.
   2. Advertising shall be based upon  fact,  and  shall  not  be  false,
 deceptive  or misleading, and no advertising by or on behalf of a gaming
 facility licensee OR A MOBILE SPORTS WAGERING LICENSEE 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 [engaging in  gaming
 and  related  activities],  EXCEPT WHERE SUCH ADVERTISEMENT INCIDENTALLY
 DEPICTS A PERSON UNDER THE AGE OF TWENTY-ONE; or
   (d) Fail to designate and state the name and location  of  the  gaming
 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
 
 ity need not be included on billboards within thirty miles of the gaming
 facility.
   3.  Each advertisement shall, clearly and conspicuously, state a prob-
 lem gambling hotline number.  WHERE THE ADVERTISEMENT IS A  VIDEO,  SUCH
 GAMBLING  HOTLINE NUMBER SHALL BE VISIBLE FOR THE ENTIRE DURATION OF THE
 ADVERTISEMENT.
   4.  Each  direct  advertisement  shall,  clearly  and   conspicuously,
 describe  a  method or methods by which an individual may designate that
 the individual does not wish to receive any future direct advertisement.
   (a) The described method must be by at least two of the following:
   (1) Telephone;
   (2) Regular U.S. mail; or
   (3) Electronic mail.
   (b) Upon receipt of an individual's request to discontinue receipt  of
 future  advertisement,  a  gaming  facility  licensee  or applicant OR A
 MOBILE SPORTS WAGERING LICENSEE  shall  block  the  individual  in  [the
 gaming  facility  licensee's] SUCH LICENSEES' OR APPLICANT'S database so
 as to prevent the individual from receiving future direct advertisements
 within fifteen days of receipt of the request.
   5. Each gaming facility licensee  or  applicant  OR  A  MOBILE  SPORTS
 WAGERING  LICENSEE  shall provide to the commission at its main office a
 complete and accurate copy of all advertisements  within  five  business
 days of the advertisement's public dissemination. Gaming facility licen-
 sees or applicants OR MOBILE SPORTS WAGERING LICENSEES shall discontinue
 the  public  dissemination upon receipt of notice from the commission to
 discontinue an advertisement.
   6. A gaming facility licensee or applicant OR A MOBILE SPORTS WAGERING
 LICENSEE shall maintain a complete record of all  advertisements  for  a
 period  of  at  least  two years. Records shall be made available to the
 commission upon request.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.