9 NYCRR Part 83 - Executive Department

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Source version current through Jul 31, 2022

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 83.1 - Definitions

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Whenever used in this Part, unless the context requires otherwise:

(a)Sign means and includes any sign, poster, placard, design, device, statuette, decalcomania, beer tap marker or graphic display, printed, painted or electric, bearing the name, trade name, trademark, insignia, symbol or product slogan of a manufacturer or wholesaler of alcoholic beverages or the trade name, trademark, insignia, symbol, design or label of a brand of alcoholic beverages.

(b)Exterior shall mean and include the outward surface of the licensed premises and any part of the building containing the licensed premises, except as otherwise provided in subdivision (a) of section 83.4 of this Part, and the outer surface of any window or transparent door on the licensed premises; and the outer surface of any opaque door on the licensed premises.

9 NYCRR 83.2 - Exterior signs

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

No sign, as defined in subdivision (a) of section 83.1 of this Part, shall be erected, installed or displayed on the exterior of any retail licensed premises by the retailer; provided, however, that this section shall not apply to premises licensed to sell beer at retail for consumption off the premises.

9 NYCRR 83.3 - Interior signs

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: LQR-02-15-00002-A · Adopted rule
Related notice published: Jun 3, 2015
Related notice effective date: Jun 3, 2015

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 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.

9 NYCRR 83.4 - Signs furnished to retailers

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

No manufacturer or wholesaler shall furnish, give, rent, lend, sell, install or erect, directly or indirectly, or through a subsidiary or affiliate, or by an officer, director or firm member of such manufacturer or wholesaler:

(a)any sign on the exterior of retail licensed premises; provided, however, that such sign may be installed or erected on the roof or the exterior wall of a building in which retail licensed premises are located, if the retailer is not the owner or the lessee of the entire building and the retailer is not given or promised any fee, gratuity, rebate, credit, discount or service, directly or indirectly, for the erection or maintenance of such sign;

(b)any sign in the interior of retail licensed premises unless it complies with the limitations and restrictions prescribed by this Part, except that the restrictions as to size shall not apply to signs furnished, given or sold to off-premises beer licensees; or

(c)any other sign, brand or otherwise, except as authorized by the Liquor Authority.

9 NYCRR 83.5 - Earlier source heading: 83.5 to 83.6 [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Current section text is not available here.

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