§ 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 through broadcasting, publication
or any other means of dissemination, including electronic dissemination.
Promotional activities are considered advertisements for purposes of
this section.

* NB Effective until November 30, 2024

* (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
licensee 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 considered advertisements for purposes of this section.

* NB Effective November 30, 2024

(b) "direct advertisement" shall mean any advertisement as described
in paragraph (a) of this subdivision that is disseminated to a specific
individual or individuals.

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 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; or

(d) Fail to designate and state the name and location of the gaming
facility conducting the advertisement. The location of the gaming
facility need not be included on billboards within thirty miles of the
gaming facility.

3. Each advertisement shall, clearly and conspicuously, state a
problem gambling hotline number.

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 shall
block the individual in the gaming facility licensee'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 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 licensees or applicants shall discontinue
the public dissemination upon receipt of notice from the commission to
discontinue an advertisement.

6. A gaming facility licensee or applicant 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.