Int. No. 452
By Council Members Clarke, Watkins, Marshall, Robles, Robinson, Malave-Dilan, Duane, Espada, Henry, Lopez, Michels, Reed and Wardens; also Council Members Boyland, Cruz, Foster, Leffler and O'Donovan.
A Local Law to amend the administrative code of the city of New York, in relation to prohibiting or restricting the advertisement and promotion of alcoholic beverages to protect children.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. The Council of the City of New York finds that manufacturers of alcoholic beverages engage in marketing and advertising strategies designed to promote the use of those products by young people to whom it is illegal to sell or distribute these products. Such strategies undermine laws prohibiting the sale or distribution of alcoholic beverages to persons below legal age. Therefore, the Council intends to strengthen compliance with and enforcement of laws prohibiting the sale or distribution of alcoholic beverages to those below the legal drinking age and to protect our young people from such illegal sales.
The Council further finds that the exposure of minors to such alcohol product advertising and promotion may be constitutionally restricted through reasonable targeted limitations on the advertising of such products near schools and other locations where young people tend to congregate, and through a prohibition on the offering of promotions to those persons.
According to the New York City Five-Year Plan for Alcoholism Services 1994-1999 (1995 Annual Update pages 4-5) published by the New York City Department of Mental Health, Mental Retardation and Alcoholism Services, "Alcohol is the most widely used drug in America. One out of three American adults -56 million Americans -say alcohol abuse has brought trouble to his or her family. That is four times the number of families that say that other drugs have troubled their homes. Children of alcoholics have a four times greater risk of becoming alcoholics than children of non-alcoholics." The annual "Monitoring The Future Study" of alcohol and drug use by American students has shown consistently that "alcohol is the drug most often used and abused by children and adolescents." See: American Academy of Pediatrics Alcohol Use and Abuse: A Pediatric Concern, Pediatrics, Vol. 06, No. 3, March 1995, p. 439.
It was also reported in the above noted study that in 1992, 88% of American high school seniors had tried alcohol at least once, compared with 82% of tenth graders and 69% of eighth graders. In that study it was shown that 56% of students in grades five through twelve said that alcohol advertising encouraged them to drink. Over 80% of the adults surveyed by the Federal Bureau of Alcohol, Tobacco and Firearms in 1988 indicated that they believed that alcohol advertising influences underage youth to drink alcoholic beverages.1
Alcohol is widely advertised and such advertisements are frequently seen by teenagers on television. Drinking alcohol is portrayed by advertisers as being sophisticated and a natural part of life.2 Even though alcohol use by 12-17-year olds is illegal in every state, in a 1996 study, 39% admitted to use at least once in their lifetime, 33% to past-year use and 19% to past-month use.3
Indeed, alcoholic beverages are the second most heavily advertised products in America, and the alcoholic beverage industry spends more than $100 million annually for outdoor advertising of its products.4 Outdoor advertisements are a distinguishable and effective medium of advertising one's product that has the undeniable effect of subjecting the general public to involuntary and unavoidable forms of solicitation.
In one of the most comprehensive studies of alcohol advertising and youth, a team of Colorado State University researchers has found strong ethnic and gender differences in the way adolescents respond to televised beer advertising. The study funded by a $400,000 grant from the National Institute on Alcohol Abuse and Alcoholism indicated that both male and female adolescents who responded positively to beer ads were more likely to use alcohol or say they planned to drink alcohol as adults. Adolescents who responded negatively to the ads or were more likely to criticize messages contained in those ads were less likely to use alcohol or have plans to drink alcohol when they reached legal drinking age.5
Fifty-six percent of students in grades five through twelve say that alcohol advertising encourages them to drink. The United States Surgeon General reports that life expectancy has improved in the United States over the past 75 years for every age group except one: The death rate for 15- to 24- year olds is higher today than it was 20 years ago. Approximately 2/3 of teenagers who drink report that they can buy their own alcohol and it is estimated that 6.9 million American junior and senior high students can walk into a store and buy their own alcohol.
Research consistently showed that children's attitudes favorable to alcohol are significantly related to their exposure to alcohol advertisements. Children are exposed to billboards advertising alcohol on a regular basis simply by walking to school or playing in their neighborhood, and there is no practical means of monitoring or limiting exposure to these public advertisements.6
The New York State Alcoholic Beverage Control Law (ABCL) mandates that any person with a license to sell alcoholic beverages must display a sign stating that the sale of alcoholic beverages to persons under the age of twenty-one is prohibited (ABCL §65-d). However, a December 1995 investigative report prepared for the Speaker of the Council and the Council's Youth Services Committee concerning the availability of beer and cigarettes to New York City those under age, entitled Easy Access, found that only fifteen stores, or twenty-three percent of the total of stores visited, displayed any kind of poster or sign prohibiting the sale of alcohol to those under twenty-one. 7 Council investigators visited sixty-five food stores throughout the city and found that on sixty-three occasions or ninety-seven percent of the time, persons below legal age successfully purchased beer.8
Young people in New York City are exposed to a significant number of billboards and other outdoor advertisements promoting the use of alcoholic beverages. The Council of the City of New York finds that restricting the placement of advertisements for alcoholic beverages in publicly visible locations within the City of New York is reasonable and necessary for the promotion of the health, safety, welfare, and temperance of young people exposed to such advertisements. Such restrictions would only limit the "time, place and manner" of certain advertisements and will not unduly burden legitimate business activities of persons licensed by the State of New York to sell alcoholic beverages on a retail basis.
In light of the foregoing evidence that alcoholic beverages are advertised and promoted to young people and that under-age drinking continues to be a problem despite laws banning the sale or distribution of alcoholic beverages to persons under the age of twenty-one, the Council of the City of New York finds and declares that affirmative, reasonable and constitutionally permissible restrictions on alcoholic beverage advertising and promotion may and must be enacted.
The purpose of this legislation is to promote enforcement of the aforementioned laws banning the sale or distribution of alcoholic beverages to young people and to thereby protect them. The Council is cognizant of the necessity of acting within the protections afforded by the First Amendment to the United States Constitution and has, therefore, narrowly tailored the scope and effect of this legislation to impose reasonable time, place and manner restrictions on alcoholic beverage advertising aimed at or regularly seen by young people while not directly affecting advertising and promotions directed at adults. Indeed, the Council to narrow the scope of the prohibition on alcoholic beverage advertisements to ensure that such advertisements are restricted only in those locations closest to where young people congregate, and that alcoholic beverage promotions are not given to young people but are otherwise freely available to the adult population.
It is well settled law that the First Amendment protects commercial speech but to a lesser degree than the protection afforded other, "fully protected speech." In analyzing the constitutionality of commercial speech regulation, the United States Supreme Court prescribed a four-prong test in Central Hudson Gas & Electric Corporation v. Public Service Commission of New York, 447 U.S. 557 (1980). The Central Hudson test, which subsequent decisions have ratified and clarified, provides that government restrictions on commercial speech are lawful where: (1) the commercial speech at issue concerns a lawful activity and is not misleading; (2) the asserted governmental interest in restricting the commercial speech is substantial; (3) the restriction directly advances the governmental interest asserted; and (4) the restrictions are not more extensive than necessary to serve that governmental interest. The latter two requirements involve a determination that there is a reasonable "fit" between the government's ends and the means chosen to accomplish these ends. Board of Trustees of State Univ. of New York v. Fox, 492 U.S. 469, 480 (1989); see also, United States v. Edge Broadcasting Co., 509 U.S. 418 (1993).
The restrictions on commercial speech contained in this Council legislation are permissible under the Central Hudson four-prong test. The commercial speech at issue concerns a lawful activity and is not misleading, at least as it applies to consenting adults. The governmental interest in restricting the commercial speech at issue is one grounded in the pre-existing prohibition on the sale and distribution of alcoholic beverages to persons under the age of twenty-one and is geared directly towards countering the adverse impacts of an industry strategy. By restricting the locations for advertisements that are more likely to be addressed to and most likely to be seen by young people, specifically to a 1,000 feet from schools, child day care centers and the like, while still permitting alcoholic beverage sellers to notify their customers that such products are available for purchase with a single tombstone advertisement which may be written in any language, this Council legislation directly advances the governmental interest in enforcing the ban on the sale or distribution of alcoholic beverages to young people. Similarly, by permitting alcoholic beverage promotions to be offered and/or given to anyone of lawful age to purchase alcoholic beverages, this Council legislation restricts only promotions designed to induce young people to purchase those products. Finally, as the restrictions in this Council legislation focus on modes and locations of communication that are most likely to have a direct impact upon young people, the restrictions contained in this Council legislation strike a balance between the commercial interest in selling alcoholic beverages to persons of lawful age and the need to limit inducements to young people who cannot lawfully purchase such products but are nonetheless doing so. Thus, the Council legislation is not more extensive than necessary to serve the governmental interests asserted herein. Other forms of advertising including newspapers, magazines, audio and video media, that are less likely to have a direct impact on young people, and all promotions directed to adults are not affected by this Council legislation. Moreover, street advertisements not within 1,000 feet of a school, child day care center, youth center, amusement arcade or playground, which can readily reach an adult population, are not affected by this Council legislation.
Ruling on a Baltimore ordinance that closely parallels this legislation the United States Court of Appeals for the Fourth Circuit in November 1996 upheld against First Amendment attack legislation prohibiting placement of stationary outdoor advertising of alcoholic beverages in areas where it was likely to be encountered by minors traveling to school or play. The Baltimore ordinance targeted individuals who could not legally purchase alcoholic beverages.
This Council's legislation similarly targets persons who may not legally purchase those products. Neither this legislation nor the Baltimore ordinance were directed toward or intended to affect adults who may legally purchase alcoholic beverages. Neither this legislation nor the Baltimore ordinance bans all outdoor advertising of alcoholic beverages. Instead, as did the Baltimore ordinance, this legislation merely restricts the time, place and manner of such advertisements.
The Council is also aware of the argument that this legislation is or may be preempted under Federal and/or State law but believes that such arguments are not well-taken and that any challenge to this legislation on that basis would not be sustained in a judicial proceeding.
§2. Subchapter 7 of chapter 1 of title 27 of the administrative code of the city of New York, as amended by local law number 3 for the year 1998, is amended by adding thereto a new article seventeen-B, to follow article seventeen-A, to read as follows:
ARTICLE 17-B
YOUTH PROTECTION AGAINST ALCOHOL ADVERTISING AND PROMOTION ACT
§27-508.8 Short title. This article shall be known and may be cited as the "Youth Protection Against Alcohol Advertising and Promotion Act."
§27-508.9 Definitions. For the purposes of this article, the following terms shall be defined as follows:
a. "Amusement arcade" means any enclosed business establishment, open to the public, whose primary purpose is the operation of coin-operated amusement devices within the meaning of subchapter three of chapter two of title 20 of this code.
b. "Child day care center" means (i) any child care arrangement, public, private or parochial child care center, school-age child care program, day nursery school, kindergarten, play school or other similar school or service operating pursuant to authorization, license or permit of the city or state, (ii) any facility that provides child care services as defined in section four hundred ten-p of the New York state social services law, or (iii) any child day care center as defined in section three hundred ninety of the New York state social services law. The definition of "child day care center" applies whether or not care is given for compensation but does not include child day care centers located in private dwellings and multiple dwelling units.
c. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine from whatever source or by whatever process produced.
d. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, cider, wine product and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being; except that confectionery containing alcohol as provided by subdivision twelve of section two hundred of the agriculture and markets law shall not be regarded as an "alcoholic beverage" within the meaning of this article.
e. "Alcoholic beverage advertisement" means any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image of any kind, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of alcoholic beverage, or any combination thereof, the purpose or effect of which is to promote the use or sale of alcoholic beverages through such means as, but not limited to, the identification of a brand of an alcoholic beverage, a trademark of an alcoholic beverage or a trade name associated exclusively with an alcoholic beverage.
f. "Alcoholic beverage promotion" means (i) any item or service marketed, licensed, sold or distributed, whether indoors or outdoors, which is not an alcoholic beverage but which bears the brand of an alcoholic beverage, a trademark of an alcoholic beverage or a trade name associated exclusively with an alcoholic beverage, alone or in conjunction with any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image of any kind, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with those used for any brand of an alcoholic beverage, or (ii) any gift or item other than an alcoholic beverage offered or caused to be offered to any person purchasing an alcoholic beverage in consideration of the purchase thereof, or to any person in consideration of furnishing evidence, such as credits, proofs-of-purchase, or coupons, of such purchase; provided, however, that an alcoholic beverage promotion shall not include any gift or item provided through the exchange or redemption through the mail of any such credits, proofs-of-purchase, coupons or other evidence of the purchase of an alcoholic beverage.
g. "Beer" means and includes any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor.
h. "Cider" means the partially or fully fermented juice of fresh, whole apples, containing more than three and two-tenths percent but not more than seven percent alcohol by volume, when used for beverage purposes, and to which nothing has been added to increase the alcohol content produced by natural fermentation. Nothing contained in this paragraph shall be deemed to preclude the use of methods or materials as may be necessary to encourage a normal alcoholic fermentation and to make a product that is free of microbiological activity at the time of sale. Cider may be sweetened after fermentation with apple juice, apple juice concentrate, or sugar, separately or in combination. Cider may contain retained or added carbon dioxide.
i. "Liquor authority" means the state liquor authority.
j. "Liquor" means any and all distilled or rectified spirits, brandy, whiskey, rum, gin, cordials or similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing.
k. "Multiple dwelling" means any building or structure that may lawfully be occupied as the residence or home of three or more families living independently of each other.
l. "Multiple dwelling unit" means any unit of residential accommodation in a multiple dwelling.
m. "Person" means any natural person, partnership, co-partnership, firm. company, corporation, limited liability corporation, agency as defined in section eleven-hundred fifty of the New York city charter, association, joint stock association or other legal entity.
n. "Playground" means any outdoor premises or grounds owned or lawfully operated by or on behalf of, the board of education, the department of parks and recreation, or any public, private or parochial school, any child day care center or any youth center, which contains any device, structure or implement, fixed or portable, used or intended to be used by persons under the age of eighteen for recreational or athletic purposes including, but not limited to, play equipment such as a sliding board, swing, jungle gym, sandbox, climbing bar, wading pool, obstacle course, swimming pool, see-saw, baseball diamond, athletic field, or basketball court.
o. "Private dwelling" means any building or structure or portion thereof that may lawfully be occupied for residential purposes by not more than two families, including the grounds of such building or structure.
p. "School building" means any building or structure or any portion thereof, owned, occupied by, or under the custody or control of any public, private or parochial institution and lawfully used for the primary purpose of providing educational instruction to students at or below the twelfth grade level.
q. "Spirits" means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution.
r. "Wine" means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-four percent by volume.
s. "Wine product" means a beverage containing wine to which is added concentrated or unconcentrated juice, flavoring material, water, citric acid, sugar and carbon dioxide and containing not more than six percent alcohol by volume, to which nothing other than such wine has been added to increase the alcoholic content of such beverage.
t. "Youth center" means any building or structure or portion thereof, lawfully occupied by any person for the primary purpose of operating a trade school (including those conducting after-school, vocational, remedial, tutorial and educational assistance programs) or an indoor recreational center (including recreational, cultural, physical fitness or sports programs) for persons under the age of eighteen years, and which has been certified as such to the department in accordance with the procedure to be set by the department. Such certification shall be accepted by the department but nothing in this subdivision shall prevent the commissioner from removing a certified youth center from consideration as a youth center if she or he determines it does not meet the criteria of a youth center.
§27-508.10 Alcoholic beverage product advertisement restriction. a. It shall be unlawful for any person to place, cause to be placed, to maintain or cause to be maintained, an alcoholic beverage advertisement within one thousand feet, in any direction, of any school building, playground, child day care center, amusement arcade or youth center, in any outdoor area including, but not limited to, billboards, roofs and sides of buildings, rolling shutters or gates, any enclosures into which rolling shutters or gates retract, water tanks and towers and free-standing signboards; provided, however, that any alcoholic beverage advertisement on an awning projecting from the outside of a premises as of July 1, 1998 where alcoholic beverages are sold or offered for sale may be retained until two years from the effective date of this section.
b. It shall be unlawful for any person to place, cause to be placed, to maintain, or cause to be maintained, an alcoholic beverage advertisement in the interior of a building or structure within one thousand feet, in any direction, of any school building, playground, child day care center, amusement arcade or youth center, when such advertisement is within five feet of any exterior window or any door which is used for entry or egress by the public to the building or structure; provided, however, that alcoholic beverage advertisements may be placed or maintained in the interior of any such premises where such advertisements are (i) parallel to the street and face inward, or (ii) affixed to a wall panel or similar fixture that is perpendicular to the street regardless of whether such advertisements are illuminated or not illuminated.
c. Nothing in this section shall prevent a person from placing, causing to be placed, maintaining, or causing to be maintained, a single sign, poster, placard or label no larger than six square feet and containing only black text, in any language, not exceeding eight inches in height on a white background stating "ALCOHOLIC BEVERAGES SOLD HERE" or such words translated into any language, within ten feet of an entrance to the premises where alcoholic beverages are sold or offered for sale.
d. Nothing in this section shall prevent an alcoholic beverage manufacturer, distributor or retailer from placing, causing to be placed, maintaining or causing to be maintained, its corporate or other business name on a building or structure, in any location, where such building or structure or a portion thereof is owned, operated or leased by such manufacturer, distributor or retailer and that building or structure is the principal place of business of such manufacturer, distributor or retailer in the city of New York; provided, however, that the corporate or other business name of such manufacturer, distributor or retailer is registered or filed in the United States or such manufacturer, distributor or retailer is authorized to do business in any state, and the corporate or business name of such manufacturer, distributor or retailer does not include any brand name or trademark of an alcoholic beverage, alone or in conjunction with any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image of any kind, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of an alcoholic beverage.
e. This section shall not apply to any alcoholic beverage advertisement on a motor vehicle. Nothing in this subdivision shall be construed to authorize the placement of an alcoholic beverage advertisement in a location where such placement is otherwise prohibited by the rules of the department of transportation or other applicable law.
§27-508.11 Non-compliant advertisements to be removed. The owner, operator or lessee of any location or premises where an alcoholic beverage advertisement is prohibited or restricted pursuant to the requirements of section 27-508.10 of this article shall have thirty days from the effective date of the local law that added this section to remove any non-compliant alcoholic beverage advertisements.
§27-508.12 Sponsorship of and at events. Nothing in this article shall prevent an alcoholic beverage manufacturer, distributor, or retailer who sponsors, in whole or in part, any athletic, musical, artistic, or cultural event, or team or entry in a competition or exhibition in any location from displaying or causing to be displayed the corporate or other business name of such sponsor; provided, however, that the corporate or other business name of such sponsor is registered or filed in the United States or such sponsor is authorized to do business in any state, and the corporate or other business name of such sponsor does not include any brand name or trademark of an alcoholic beverage, alone or in conjunction with any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image of any kind, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of an alcoholic beverage.
§27-508.13 Injunctive relief. Whenever any person has engaged in any act or practice which constitutes a violation of any provision of this article, or of any rule promulgated thereunder, the city may make application to a court of competent jurisdiction for an order enjoining such act or practice.
§27-508.14 Penalties. Notwithstanding the provisions of sections 26-122, 26-125 and 26-248 of this code, a violation of this article shall not subject any person to liability for a criminal offense.
§3. Item (10) of section 26-126.4 of the administrative code of the city of New York is amended to read as follows:
(10) Any provision of the administrative code, zoning resolution or other rule or regulation relating to the placement, size or display of outdoor signs except for those provisions contained in article seventeen-A and seventeen-B of subchapter seven of chapter one of title twenty-seven of this code and article seven of subchapter three of chapter one of this title.
§4. The schedule of civil penalties contained in subdivision a of section 26-126.1 of the administrative code of the city of New York, as amended by local law number three of 1998, is amended by adding thereto a new penalty to follow the penalty for violations of section 27-508.3(b), to read as follows:
Minimum Maximum Minimum Maximum
Section (Dollars) (Dollars) (Dollars) (Dollars)
27-508.9(b) 0 300 350 1,000
§5. Subdivisions f, g, h, i and j of section 26-126.2 of the administrative code of the city of New York, as added by local law three for the year 1998, are amended to read as follows:
f. A notice of violation alleging a violation of subdivision a or b of section 27-508.3 or subdivision a or b of section 27-508.10 of this code shall include an order (i) directing the respondent to correct the condition constituting the violation within thirty days from the date that the order is issued and to file a certification that the condition has been corrected with the department in a manner and form and within such further period of time as shall be established by rule of the department or (ii) directing a respondent who is a record owner of a premises on which a tobacco product advertisement or alcoholic beverage advertisement is placed or maintained in violation of subdivision a of section 27-508.3 or subdivision a of section 27-508.10 of this code but who has not posted or placed such advertisement or has not directed, caused or contracted for the posting or placing of such advertisement by a servant, agent, employee, contractor or other individual under such record owner's control, to notify, within thirty days from the date the notice of violation alleging a violation of subdivision a of section 27-508.3 or subdivision a of section 27-508.10 of this code was issued, the person who posted or placed such advertisement or who directed, caused or contracted for the posting or placing of such advertisement, by certified mail of the notice of violation, and to send, by certified mail, a copy of such notification to the department. A record owner shall not be deemed to have directed, caused or contracted for the posting or placing of a tobacco product advertisement or an alcoholic beverage advertisement by a servant, agent, employee, contractor or other individual under such record owner's control unless the record owner retains the right to cause the content of an advertisement to be changed. A general "compliance with laws" provision in a lease or contract shall not constitute such a right for purposes of this subdivision. A notice of violation issued pursuant to subdivision a or b of section 27-508.3 of this code shall also contain a statement that any hearing for a third or subsequent violation of subdivision a or b of section 27-508.3 by a wholesale or retail dealer of cigarettes shall also constitute a hearing for the revocation of a license issued to such wholesale or retail dealer pursuant to section 11-1303 of this code where the wholesale or retail dealer of cigarettes is found to be in violation.
g. Where the respondent receives a notice of violation of subdivision a or b of section 27-508.3 or subdivision a or b of section 27-508.10 of this code and the respondent complies with item (i) of subdivision f of this section, there shall be no civil penalty for such violation; provided, however, where such violation is a first violation, such violation may serve as a predicate for purposes of the multiple offense schedule as set forth in section 26-126.1 of this chapter and for purposes of revoking a license pursuant to subdivision k of this section.
h. Where the respondent receives a notice of violation of subdivision a of section 27-508.3 or subdivision a of section 27-508.10 of this code and the respondent is a record owner of premises who complies with item (ii) of subdivision f of this section, the notice of violation issued to such record owner shall be dismissed and shall not serve as a predicate for purposes of the multiple offense schedule as set forth in section 26-126.1 of this chapter.
i. Where a respondent receives a notice of violation alleging a violation of subdivision a or b of section 27-508.3 or subdivision a or b of section 27-508.10 of this code, and such respondent establishes that the school building, playground, amusement arcade, child day care center, or youth center that is within one thousand feet of the respondent's building, structure or premises opened, or was authorized or licensed by, or received a permit from a city or state, or certified to the department as required pursuant to subdivision o of section 27-508.2 of this code after the date such respondent placed or caused to be placed, maintained or caused to be maintained the tobacco product advertisement or alcoholic beverage advertisement that is the subject of the alleged violation on such respondent's building, structure or premises, then upon the respondent so establishing within thirty days of the date of [issue] issuance of the notice of violation, the environmental control board shall grant an adjournment in contemplation of dismissal. Where the respondent corrects the condition constituting the violation and certifies such correction to the department (i) within ninety days of the granting of such adjournment in contemplation of dismissal of a notice of violation of subdivision a of section 27-508.3 or subdivision a of section 27-508.10 or (ii) within thirty days of the granting of such adjournment in contemplation of dismissal of a notice of violation of subdivision b of section 27-508.3 or subdivision b of section 27-508.10 in a manner and form as shall be established by rule of the department, the notice of violation shall be dismissed and shall not serve as a predicate for purposes of the multiple offense schedule as set forth in section 26-126.1 of this chapter or for purposes of revoking a license pursuant to subdivision k of this section.
j. Where the respondent receives a notice of violation of section 27-508.5 or section 27-508.12 of this code, the respondent shall be liable for a civil penalty as set forth in section 26-126.1 of this chapter and for purposes of revoking a license pursuant to subdivision k of this section.
§6. Chapter 5 of title 20 of the administrative code of the city of New York is amended by adding thereto a new subchapter 13-A, to follow subchapter 13, to read as follows:
SUBCHAPTER 13-A
ALCOHOLIC BEVERAGE PROMOTION
§20-770 Alcoholic beverage promotion restriction. a. It shall be unlawful for any person to offer or cause to be offered an alcoholic beverage promotion, as defined in section 27-508.9 of this code, to any person younger than eighteen years of age.
b. Any person offering or causing to be offered an alcoholic beverage promotion shall verify through a driver's license or other photographic identification card issued by a government entity or educational institution that a person to whom an alcoholic beverage promotion has been offered is at least eighteen years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age; provided, however, that such appearance shall not constitute a defense in any proceeding alleging the offering of an alcoholic beverage promotion to an individual under eighteen years of age.
c. A proceeding to recover any civil penalty pursuant to this subchapter shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal of the department. The administrative tribunal of the department shall have the power to impose civil penalties for a violation of this subchapter.
d. Nothing in this subchapter shall be deemed to prohibit sponsorship of or at events as set forth in section 27-508.12 of this code.
§7. If any clause, sentence, item, paragraph or section added by this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, item, paragraph or section thereof directly involved in the controversy in which such judgment shall have been rendered.
§8. This local law shall take effect one hundred and eighty days after it shall have become a law.
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1 Liquor Ads Community Action Packet- "Alcohol and Youth " p.1
2 American Academy of Pediatrics Alcohol Use and Abuse:" A Pediatric Concern" Pediatrics Vol. 06, No. 3, March 1995, p. 439
3 National Household Survey on Drug Abuse Main findings 1996 Office of Applied Studies,
Dept. of Health and Human Services , Substance Abuse and Mental Health Services Administration p. 97
4 Chicago's Alcohol and Tobacco Outdoor Advertising Ban, passed September 10, 1997
5 Colorado State University, Colorado State Study Sheds Light On Adolescents' Response to Beer Ads p.1, October 1997
6 Cleveland Law Dept; Ordinance No. 989-97; p.3
7 The Committee on Youth Services., "An Investigative Report Concerning the Availablity of Beer and Cigarettes to New York City Minors". Easy Access. P.16, 1995
8 The Committee on Youth Services., "An Investigative Report Concerning the Availablity of Beer and Cigarettes to New York City Minors". Easy Access. P.14, 1995.