senate Bill S6962A

Relates to ticket pricing

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Apr / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 13 / May / 2014
    • 1ST REPORT CAL.689
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING (T) 6962A
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to ticket pricing and extends certain provisions of the arts and cultural affairs law.

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Bill Details

Versions:
S6962
S6962A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd ยงยง25.23 & 25.29, Arts & Cul L

Sponsor Memo

BILL NUMBER:S6962A

TITLE OF BILL: An act to amend the arts and cultural affairs law, in
relation to ticket pricing

PURPOSE:

To require the advertised price for admission to show the full price,
including charges and fees.

SUMMARY OF PROVISIONS:

Section 1 amends section 25.23 of the Arts and Cultural Affairs Law
adding that the advertised price for admission shall include the entire
price to be paid including charges and fees, although charges and fees
included within the entire price may be described separately or through
links on websites that display the total price.

Section 2 amends section 25.29 subdivision 1 of the Arts and Cultural
Affairs Law adding section 2 stating the advertised price for admission
shall include the entire price to be paid including charges and fees,
although charges included within the entire price may be described sepa-
rately or through links on the websites that display the total price.

JUSTIFICATION:

The fees added to ticket sales are rising quickly. They come under a
variety of names, facility fee, handling fee, processing fee, printing
fee, but in the end, consumers are paying up to 25% more per ticket than
the stated price.

Ticket sales companies and event venues are entitled to make a profit
but consumers should have full knowledge of the total cost of the ticket
they are purchasing up front, not after they have already decided on a
seat and have navigated through either complicated box office, phone, or
website requests.

This bill would just require the posting and advertising of the full
price of a ticket, including fees and charges so consumers will know the
complete price prior to purchase. This bill in no way restricts a venue
or ticket sales company in setting their ticket prices.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 300 days after it becomes law; provided,
however, that:

A. The amendments to section 25.23 of the Arts and Cultural Affairs Law
made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; and

B. The amendments to section 25.29 of the Arts and Cultural Affairs Law
made by section two of this act shall not affect the repeal of such
section and shall be repealed therewith.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6962--A
    Cal. No. 689

                            I N  S E N A T E

                              April 9, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  reported  favorably  from  said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the arts and cultural affairs law, in relation to ticket
  pricing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  25.23  of  the arts and cultural affairs law, as
amended by chapter 106 of the laws  of  2005,  is  amended  to  read  as
follows:
  S 25.23. Posting  of  price  lists;  information to purchaser.   1. In
every principal office or branch office, bureau, agency or sub-agency of
any licensee under this article, there shall be conspicuously posted and
at all times displayed  a  price  list  showing  the  established  price
charged by the operator of the place of entertainment for which a ticket
is being sold by such licensee, together with the price being charged by
such  licensee for the resale of such ticket, so that all persons visit-
ing such place may readily see the same.  The  licensee  shall  also  on
request  furnish  each  purchaser of a ticket with a receipt showing the
same information. Further, if the licensee conducts business through the
use of the internet, the same price list,  or  hyperlink  to  the  same,
shall  be  conspicuously displayed on the internet page on which tickets
are accessed. In addition the licensee shall publish  in  a  conspicuous
place, or hyperlink to on the internet a statement clearly detailing the
required guarantees required by section 25.07 of this article.
  2.    THE  PRICE  OF  ADMISSION  DISCLOSED AT THE INITIATION OF A SALE
(INCLUDING FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE PRICE  TO
BE PAID INCLUSIVE OF ALL SERVICE CHARGES AND FEES, ALTHOUGH SUCH CHARGES
AND FEES INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR
THROUGH  LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE. DELIVERY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14519-03-4

S. 6962--A                          2

FEES DO NOT NEED TO BE  INCLUDED  IN  THE  ENTIRE  PRICE,  BUT  MUST  BE
DISCLOSED PRIOR TO COMPLETION OF A SALE.
  S 2. Section 25.29 of the arts and cultural affairs law, as amended by
chapter  61 of the laws of 2007, subdivision 1 as amended by chapter 151
of the laws of 2010, is amended to read as follows:
  S 25.29. Unlawful charges in connection with tickets. 1.  No  operator
of  any  place  of  entertainment,  or his or her agent, representative,
employee or licensee shall, if a price be charged for admission thereto,
exact, demand, accept or receive, directly or indirectly, any premium or
price in excess of the  established  price  plus  lawful  taxes  whether
designated as price, gratuity or otherwise; provided, however: (a) noth-
ing  in this article shall be construed to prohibit a reasonable service
charge by the operator or agents of the operator for  special  services,
including  but  not  limited  to, sales away from the box office, credit
card sales or delivery;  and  (b)  nothing  in  this  article  shall  be
construed to prohibit an operator or its agent from offering for initial
sale tickets by means of an auction.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE  PRICE OF ADMISSION DISCLOSED AT THE INITIATION OF A SALE (INCLUDING
FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE  PRICE  TO  BE  PAID
INCLUSIVE  OF  ALL  SERVICE  CHARGES AND FEES, ALTHOUGH SUCH CHARGES AND
FEES INCLUDED WITHIN THE ENTIRE PRICE MAY  BE  DESCRIBED  SEPARATELY  OR
THROUGH  LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE. DELIVERY
FEES DO NOT NEED TO BE  INCLUDED  IN  THE  ENTIRE  PRICE,  BUT  MUST  BE
DISCLOSED PRIOR TO COMPLETION OF A SALE.
  3.  In  any  prosecution under this section the attorney general shall
have concurrent jurisdiction with any district attorney and in any  such
prosecution he or she or his or her deputy shall exercise all the powers
and  perform  all the duties which the district attorney would otherwise
be authorized to exercise or perform therein.
  S 3. This act shall take effect on the three hundredth  day  after  it
shall have become a law; provided, however, that:
  a.  the  amendments  to section 25.23 of the arts and cultural affairs
law made by section one of this act shall not affect the repeal of  such
section and shall be deemed repealed therewith; and
  b.  the  amendments  to section 25.29 of the arts and cultural affairs
law made by section two of this act shall not affect the repeal of  such
section and shall be deemed repealed therewith.

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