New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 83 - Brand Signs And Displays › Section 83.3 - Interior signs

Current through Register Vol. 46, No. 28, July 10, 2024
Signs may be displayed in the interior of:
(a) premises licensed to sell alcoholic
					 beverages for on-premises consumption;
(b) premises licensed to sell liquor or wine
					 for off-premises consumption; or
(c) in the window display of such premises,
					 provided that:
(1) Such signs do not have a
					 utility or secondary use or value aside from their actual advertising value.
					 Signs which have a utility or secondary use or value are covered by Part 86 of
					 this subtitle.
(2) Such signs shall
					 not contain:
(i) any statement, illustration,
					 design, device or representation that is false or misleading;
(ii) any statement that is disparaging of a
					 competitor's product;
(iii) any
					 statement, design, device, matter or representation which is obscene or
					 indecent or which is obnoxious or offensive to the commonly and generally
					 accepted standard of fitness and good taste;
(iv) the words "bond", "bonded", "bottled in
					 bond", "aged in bond" or phrases containing these or synonymous terms, unless
					 the distilled spirits so advertised were in fact bottled in bond under the
					 Bottling in Bond Act of the United States;
(v) the terms "double distilled", "triple
					 distilled" or any similar term;
(vi) any statement which is inconsistent with
					 the label on the product;
(vii)
					 any statement, design or device which represents or which tends to create or
					 give the impression that the use of the alcoholic beverage has curative or
					 therapeutic effects;
(viii) any
					 statement of, or reference to, price which is deceptive or misleading or tends
					 to deceive or mislead;
(ix) any
					 illustration which is not dignified, modest and in good taste;
(x) any scene in which is portrayed a child
					 or objects (such as toys) suggestive of the presence of a child or in any
					 manner portrays the likeness of a child or contains the use of figures or
					 symbols which are traditionally associated with children;
(xi) except as otherwise provided in Part 86
					 of this Subtitle, any statement, design, device or representation relating to
					 any refund, exchange or money-back guarantee, irrespective of truth or falsity;
(xii) any portrayal of an athlete
					 or athletes or athletic events in such manner as to imply that the consumption
					 of alcoholic beverages improves athletic prowess or physical stamina, or any
					 portrayal or suggestion that athletes recommend drinking alcoholic beverages;
(xiii) the name of or depiction of
					 any biblical characters;
(xiv) any
					 reference by name or other identification to any retailer selling the products
					 advertised;
(xv) any statement,
					 design, device or representation of or relating to analyses, standards or tests
					 irrespective of falsity which the Authority finds to be likely to mislead the
					 consumer.