New York City Council Header
File #: Int 1545-2019    Version: * Name: Restricting the advertisement of alcoholic beverages near schools.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Housing and Buildings
On agenda: 5/8/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to restricting the advertisement of alcoholic beverages near schools
Sponsors: Andy L. King, Robert E. Cornegy, Jr., Chaim M. Deutsch, Helen K. Rosenthal, Farah N. Louis
Council Member Sponsors: 5
Summary: This bill would ban outdoor advertisements of alcoholic beverages within a 500 foot radius of any school at or below twelfth grade. The restriction does not apply to sellers of alcoholic beverages licensed by the New York State Alcoholic Beverage Authority, motor vehicles, and signs nine square feet or smaller. The bill imposes a fine of $350 for each violation, and $1000 for each subsequent violation. The bill requires the Department of Buildings to promulgate rules setting forth applicable boundaries around schools.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1545, 2. Int. No. 1545, 3. Hearing Transcript - Stated Meeting 5-8-19, 4. Minutes of the Stated Meeting - May 8, 2019, 5. Committee Report 9/23/19, 6. Hearing Testimony 9/23/19, 7. Hearing Transcript 9/23/19

Int. No. 1545

 

By Council Members King, Cornegy, Deutsch, Rosenthal and Louis

 

A Local Law to amend the administrative code of the city of New York, in relation to restricting the advertisement of alcoholic beverages near schools

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 5 of title 28 of the administrative code of the city of New York is amended by adding a new article 506 to read as follows:

ARTICLE 506

OUTDOOR ALCOHOL ADVERTISEMENTS

 

§ 28-506.1 Definitions. As used in this chapter, the following terms have the following meanings:

 

Alcoholic beverage. The term “alcoholic beverage” has the same meaning as such term is defined in section 3 of the alcoholic beverage control law.

 

Alcoholic beverage advertisement. The term “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 written 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.

 

Outdoor sign. The term “outdoor sign” means any display that (i) is publicly visible outside, (ii) is affixed to a building or other structure and (iii) is used to announce, direct attention to or advertise.

 

School. The term “school” means any building or structure, or any portion thereof, that is 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.

 

Seller. The term “seller” means any person to whom a license or permit has been issued by the state liquor authority to manufacture or sell alcoholic beverages.

 

§ 28-506.2 Alcoholic beverage advertisement restrictions. No person may place, cause to be placed, maintain, or cause to be maintained, an alcoholic beverage advertisement on an outdoor sign within 500 feet in any direction of any school.

 

28-506.2.1 Exceptions. This section does not apply to any alcoholic beverage advertisement:

 

1. on a motor vehicle;

 

2. on a building or structure, or a portion thereof, that is owned, operated or leased by any seller at which such seller is licensed or permitted to sell or manufacture alcoholic beverages;

 

3. with a surface area of nine square feet or smaller; or

 

4. outside of the area described in the rules promulgated pursuant to section 28-506.4.

 

§ 28-506.3 Penalties. Any person who violates section 28-506.2 is liable for a civil penalty of $350 for a first violation and $1,000 for each subsequent violation. Each day’s continuance shall be a separate and distinct violation.

 

§ 28-506.4 Rulemaking. The department shall promulgate, and update as necessary, rules setting forth the boundaries of all areas of the city that are within 500 feet in any direction of any school.

§ 2. This local law takes effect 180 days after it becomes law.

 

AS

LS # 5666

5/8/2018