What it does: Prohibits sports wagering advertising in public places (including billboards and transit) and requires prominent addiction and financial-harm warnings on any remaining ads; optionally restricts ads during live sports.
Sources
20% of ad area in visual formats, be displayed for at least 3 seconds in video,
and be read aloud in audio ads.
$25,000 per prohibited placement is a workable baseline; consider escalation for
repeat placements and for ads that omit required warnings.
CASPR is available for legal and technical support adapting this bill to specific state contexts.
Download as Word .docxA BILL FOR AN ACT
RELATING TO MOBILE SPORTS WAGERING; RESTRICTING SPORTS WAGERING ADVERTISING IN
PUBLIC PLACES; REQUIRING CLEAR HEALTH AND FINANCIAL HARM WARNINGS ON PERMITTED
ADVERTISING; [OPTIONALLY] RESTRICTING ADVERTISING DURING LIVE SPORTS; PROVIDING
FOR ENFORCEMENT AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Sports Wagering Advertising Restrictions and Warnings Act".
SECTION 2. DEFINITIONS.
In this Act:
(1) "Commission" means the [STATE GAMING COMMISSION] or successor agency.
(2) "Operator" means a person licensed or otherwise authorized under [STATE LAW] to conduct
mobile sports wagering in this State.
(3) "Sports wagering advertising" means any communication, regardless of medium, that:
(A) promotes sports wagering;
(B) promotes an Operator, sportsbook brand, or sports wagering application; or
(C) offers an inducement or bonus related to sports wagering.
(4) "Public place" means an area generally open to the public or visible from a public right-of-way,
including streets, sidewalks, public transit, parks, publicly owned buildings, and the exterior
of private property that is visible from a public right-of-way.
(5) "Outdoor advertising" means a sign, billboard, poster, display, or other fixed advertising
visible from a public right-of-way.
SECTION 3. RESTRICTIONS ON PUBLIC-PLACE ADVERTISING.
(a) Prohibition. An Operator shall not place, purchase, or cause to be placed Sports wagering
advertising in any Public place in this State, including Outdoor advertising.
(b) Sponsorship and naming rights. An Operator shall not purchase naming rights or sponsorship
placements for publicly owned facilities, public transit, or public schools that include Sports
wagering advertising.
(c) Digital out-of-home. Sports wagering advertising is prohibited on digital displays located in
a Public place, including digital billboards and transit displays.
SECTION 4. REQUIRED WARNINGS ON PERMITTED ADVERTISING.
(a) Warning required. Any Sports wagering advertising permitted under this Act or other State law
shall include a clear warning statement, including:
(1) that sports wagering can be addictive;
(2) that sports wagering can cause severe financial harms, including bankruptcy;
(3) the State problem-gambling helpline; and
(4) the minimum legal age for wagering in this State.
(b) Minimum standards. The Commission shall, by rule, require that warnings be:
(1) prominent and legible;
(2) presented in plain language;
(3) displayed for sufficient duration in audio/visual formats; and
(4) included on the landing page of any online advertisement that links to wagering.
(c) Prohibited content. The Commission shall, by rule, prohibit Sports wagering advertising that:
(1) depicts wagering as a solution to financial problems or a path to wealth;
(2) is targeted to minors or likely to appeal to minors; or
(3) is otherwise misleading.
[SECTION 5. OPTIONAL: RESTRICTIONS ON ADVERTISING DURING LIVE SPORTS.
(a) Prohibition. An Operator shall not purchase, place, or sponsor Sports wagering advertising
during live sports broadcasts or live sports streaming content that is distributed to persons
located in this State.
(b) Rulemaking. The Commission may adopt rules defining "live sports broadcasts" and setting
compliance standards consistent with this section.]
SECTION 6. ENFORCEMENT; PENALTIES; RULEMAKING.
(a) License condition. Compliance with this Act is a condition of licensure.
(b) Civil penalties. The Commission may impose a civil penalty of up to [$25,000] per violation.
Each placement of prohibited Sports wagering advertising constitutes a separate violation.
(c) Rulemaking. The Commission shall adopt rules to implement this Act.
SECTION 7. SEVERABILITY.
If any provision of this Act or its application is held invalid, the invalidity does not affect
other provisions or applications of this Act that can be given effect without the invalid
provision or application.
SECTION 8. EFFECTIVE DATE.
This Act takes effect on [DATE].