Legal Resources

General Materials

State Alcohol Advertising Laws: Current Status and Model Policies
This report, researched and published in 2002, provides an inventory of state alcohol advertising statutes as of its publication. It gives comprehensive summaries of the types of laws surveyed and suggests best practices for each; it does not review state administrative rules or case law.
View the report.

Can a Local Ordinance Limit Alcohol Sponsorship and Advertising? An Introduction
Communities are concerned about alcohol companies sponsoring local events that are popular with families and young people. This brief guide provides helpful information for those interested in limiting alcohol sponsorship of community events and includes brief discussions of commercial speech issues, the roles of local government bodies and what constitutes public property.
View the guide.

Materials on Specific Topics

Reducing youth exposure to alcohol marketing by limiting alcohol industry advertising and sponsorship on public property

Protecting Underage Youth by Restricting Alcohol Industry Sponsorship and Signage at Community Events: First Amendment Considerations
This one-page chart acts as an accompaniment to other "Legal Resources" materials on restricting alcohol industry sponsorship and signage at events. It describes the constitutional tests that a court may apply to various types of these restrictions, from publicly sponsored events on public property to privately sponsored events on private property.
View the chart.

Constitutionally Defensible Restrictions on Alcohol Advertising and Alcohol Sponsorship in State Publications and on State-Owned or State-Leased Lands
This pair of documents—a memorandum and a model ordinance with commentary—is designed for those interested in restricting alcohol marketing on state-owned, state-leased, or state-operated property. State properties considered in these documents include state publications, state university and college campuses, and state parks and state-owned buildings as well as state-sponsored civic events held within them.
View the memorandum.
View the model ordinance.

Draft Ordinance Restricting Alcoholic Beverage Sponsorship and Sponsorship Signs at Municipally Sponsored Events
Sponsorship is a significant portion of alcohol marketing. A legislated policy on alcohol sponsorship and signage provides guidance to both vendors and sponsors at local events. This model ordinance provides a tool for community members and local officials who are interested in limiting alcohol sponsorship on public property and offers an example for municipal attorneys to use when drafting proposals for their governing bodies’ consideration.
View the model ordinance.

Reducing youth exposure to alcohol marketing by restricting alcoholic beverage billboard and outdoor advertising placement

Model State Statute for Regulating Billboard and Other Forms of Outdoor Alcohol Advertising
This model ordinance was drafted as a state ban on outdoor advertising for alcoholic beverages within 500 feet of a school, church or park. The model generally follows the rules for billboard placement established in the voluntary guidelines of the Beer Institute and the Distilled Spirits Council of the United States. The bill is drafted to provide local enforcement of this standard, which would be funded by fines collected from violators. A separate document with commentaries is also available.
View the model statute.
View the commentaries.

Reducing youth exposure to alcohol marketing by regulating placement of alcohol advertising based on unfair competition provisions: A case study

Individual State Authority to Protect Underage Youth by Regulating Placement of Alcohol Advertising Based on Statutory Provisions That Prohibit Unfair Competition
This memorandum focuses on one state—New Mexico—as a case study. It analyzes unfair competition or unfair trade practices laws and administrative and court decisions to determine what authorities state governments may have to protect youth by restricting the placement of alcohol advertising in media with disproportionately large youth audiences.
View the memorandum.

For more information on state and federal policies on alcohol advertising and marketing, see the Alcohol Policy Information System (APIS).