S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    382
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by 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, paragraph  (a)  of
 subdivision  1 as amended by chapter 423 of the laws of 2024, 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 as defined in section thirteen hundred sixty-seven of  this  article
 through  broadcasting,  publication or any other means of dissemination,
 including electronic dissemination. Promotional activities  are  consid-
 ered 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01922-01-5
              

 A. 382                              2
 
   (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-
 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.