§ 1363 — Advertising restrictions

§ 1363. Advertising restrictions. 1. As used in this section:\n (a) "advertisement" shall mean any notice or communication to the\npublic or any information concerning the gaming-related business of a\ngaming facility licensee or applicant or a mobile sports wagering\nlicensee as defined in section thirteen hundred sixty-seven of this\narticle through broadcasting, publication or any other means of\ndissemination, including electronic dissemination. Promotional\nactivities are considered advertisements for purposes of this section.\n (b) "direct advertisement" shall mean any advertisement as described\nin paragraph (a) of this subdivision that is disseminated to a specific\nindividual or individuals.\n 2. Advertising shall be based upon fact, and shall not be false,\ndeceptive or misleading, and no advertising by or on behalf of a gaming\nfacility licensee shall:\n (a) Use any type, size, location, lighting, illustration, graphic\ndepiction or color resulting in the obscuring of any material fact;\n (b) Fail to clearly and conspicuously specify and state any material\nconditions or limiting factors;\n (c) Depict any person under the age of twenty-one engaging in gaming\nand related activities; or\n (d) Fail to designate and state the name and location of the gaming\nfacility conducting the advertisement. The location of the gaming\nfacility need not be included on billboards within thirty miles of the\ngaming facility.\n 3. Each advertisement shall, clearly and conspicuously, state a\nproblem gambling hotline number.\n 4. Each direct advertisement shall, clearly and conspicuously,\ndescribe a method or methods by which an individual may designate that\nthe individual does not wish to receive any future direct advertisement.\n (a) The described method must be by at least two of the following:\n (1) Telephone;\n (2) Regular U.S. mail; or\n (3) Electronic mail.\n (b) Upon receipt of an individual's request to discontinue receipt of\nfuture advertisement, a gaming facility licensee or applicant shall\nblock the individual in the gaming facility licensee's database so as to\nprevent the individual from receiving future direct advertisements\nwithin fifteen days of receipt of the request.\n 5. Each gaming facility licensee or applicant shall provide to the\ncommission at its main office a complete and accurate copy of all\nadvertisements within five business days of the advertisement's public\ndissemination. Gaming facility licensees or applicants shall discontinue\nthe public dissemination upon receipt of notice from the commission to\ndiscontinue an advertisement.\n 6. A gaming facility licensee or applicant shall maintain a complete\nrecord of all advertisements for a period of at least two years. Records\nshall be made available to the commission upon request.\n