NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4738
SPONSOR: Pretlow
 
TITLE OF BILL:
An act to amend the general business law, in relation to billboards
advertising alcoholic beverages
 
PURPOSE:
Prohibits the erection or maintenance of billboards advertising alcohol-
ic beverages within 1,000 feet of schools or playgrounds.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill amends the general business law by adding section 397-a which
restricts billboard advertisements of alcoholic beverages from being
within 1,000 feet of any school or any playground adjacent to a school.
 
JUSTIFICATION:
Increasingly our school's curriculum is focusing our children's atten-
tion on the effects of alcohol, drugs, and tobacco. We must be support-
ive of our school's efforts in teaching our children to abstain from
controlled or illegal substances. The Drug Free School Zone must be
expanded to restrict billboard advertisements of controlled substances
to a minimum of 1,000 feet within a school or an adjacent playground. If
we allow these billboard advertisements to be in such close proximity to
our school, we are being inconsistent in our message.
As a result, of the tobacco settlement, advertisement of tobacco
products is prohibited near schools. However, there is still a need to
restrict the advertisement of alcoholic beverages near a school.
 
LEGISLATIVE HISTORY:
A1762 2021-2022 referred to economic development
A4297 2019-2020 referred to economic development
A783 2017-2018 referred to economic development
A2571 2015-2016 referred to economic development
A3622 2013-14 held for consideration in economic development.
A2475 2009/2010 referred to economic development.
1999-2000: S.3535 / A.6825-A (ordered to third reading cal. 1443)
1997-1998: S.1185/A.1830 (committed to Consumer Protection)
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect 1 year after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4738
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, in relation to billboards
advertising alcoholic beverages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new
2 section 397-b to read as follows:
3 § 397-b. Billboards advertising alcoholic beverages. No billboard
4 advertising any alcoholic beverage shall be erected or maintained within
5 one thousand feet of:
6 1. any public or private elementary or secondary school; or
7 2. any playground adjacent to or within one thousand feet of any
8 private or public elementary or secondary school.
9 For purposes of this section, the term "billboard" shall include any
10 billboard, sign, notice, poster, display or other stationary device
11 intended to attract or which does attract the attention of operators of
12 motor vehicles or pedestrians.
13 § 2. This act shall take effect one year after it shall have become a
14 law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09449-01-3