N.Y. Comp. Codes R. & Regs. tit. 9 § 83.3

Current through Register Vol. 46, No. 19, May 8, 2024

Section 83.3 - Interior signs

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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 83.3

Amended New York State Register June 3, 2015/Volume XXXVII, Issue 22, eff.6/3/2015