S T A T E O F N E W Y O R K
________________________________________________________________________
6962
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
AN ACT to amend the arts and cultural affairs law, in relation to ticket
pricing, and to amend chapter 704 of the laws of 1991, amending the
arts and cultural affairs law and chapter 912 of the laws of 1920
relating to the regulation of boxing and wrestling relating to tickets
to places of entertainment, and chapter 151 of the laws of 2010,
amending the arts and cultural affairs law relating to resale of tick-
ets to places of entertainment, in relation to extending the effec-
tiveness of the provisions thereof
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 ADVERTISED PRICE FOR ADMISSION SHALL INCLUDE THE ENTIRE PRICE
TO BE PAID INCLUDING CHARGES AND FEES, ALTHOUGH CHARGES AND FEES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14519-02-4
S. 6962 2
INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR THROUGH
LINKS ON WEBSITES THAT DISPLAY THE TOTAL PRICE.
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 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 SEPARATELY OR THROUGH LINKS ON THE
WEBSITES THAT DISPLAY THE TOTAL PRICE.
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. Section 4 of chapter 704 of the laws of 1991, amending the arts
and cultural affairs law and chapter 912 of the laws of 1920 relating to
the regulation of boxing and wrestling matches relating to tickets to
places of entertainment, as amended by chapter 28 of the laws of 2013,
is amended to read as follows:
S 4. This act shall take effect on the sixtieth day after it shall
have become a law, provided, chapter 61 of the laws of 2007 shall not
take effect with respect to the issuance of licenses or certificates
under this article by the secretary of state or department of state
until January 1, 2008 and regulation under this article by the commis-
sioners of licenses of the political subdivisions of the state shall
continue through December 31, 2007, and shall remain in full force and
effect only until and including May 14, [2014] 2016 when such act shall
be repealed and when, notwithstanding any other provision of law, the
provisions of article 25 of title G of the arts and cultural affairs
law, repealed by such act, shall be reinstituted; provided further that
section 25.11 of the arts and cultural affairs law, as added by section
one of this act, shall survive such repeal date. Provided, however, the
printing on tickets required pursuant to sections 25.07 and 25.08 of
article 25 of the arts and cultural affairs law, as added by this act,
shall not apply to tickets printed prior to enactment of such article so
long as notice of the higher maximum premium price and prohibition of
sales within one thousand five hundred feet from the physical structure
of the place of entertainment, where applicable, is prominently
displayed at the point of sale and at such place of entertainment.
S 4. Section 11 of chapter 151 of the laws of 2010, amending the arts
and cultural affairs law relating to resale of tickets to places of
entertainment, as amended by chapter 28 of the laws of 2013, is amended
to read as follows:
S. 6962 3
S 11. Notwithstanding the provisions of article 5 of the general
construction law, if this act shall take effect after May 15, 2010, the
provisions of article 25 of the arts and cultural affairs law, except
section 25.11 are hereby revived and shall continue in full force and
effect as they existed on May 15, 2010 through May 14, [2014] 2016, when
upon such date such provisions shall expire and be deemed repealed.
S 5. This act shall take effect immediately; 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.