NY State Senate Bill 2009-S6444

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2010	amended on third reading 6444c
Jun 14, 2010	amended on third reading 6444b
May 05, 2010	amended on third reading (t) 6444a
Mar 04, 2010	advanced to third reading
Mar 03, 2010	2nd report cal.
Mar 02, 2010	1st report cal.215
Jan 12, 2010	referred to investigations and government operations

Votes

- Mar 2, 2010 - Investigations And Government Operations Committee Vote
  S6444
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Mar 2, 2010
      
      aye (8)
      
      Diaz
      
      Espada
      
      Golden
      
      Johnson
      
      Klein
      
      Nozzolio
      
      Stachowski
      
      Winner

Bill Amendments

Original

C (Active)

2009-S6444 - Details

Law Section:: Arts and Cultural Affairs
Laws Affected:: Amd §§25.03, 25.11, 25.15 & 25.30, add §25.24, Arts & Cul L; amd §4, Chap 704 of 1991

2009-S6444 - Summary

Relates to resale of tickets to places of entertainment; provides for the regulation of boxing and wrestling relating to tickets to places of entertainment.

2009-S6444 - Sponsor Memo

2009-S6444 - Bill Text download pdf

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

                                  6444

                            I N  S E N A T E

                            January 12, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  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, in relation  to  extending  the  expiration  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 4 of chapter 704 of the laws of 1991, amending  the
arts and cultural affairs law and chapter 912 of the laws of 1920 relat-
ing  to  the  regulation  of boxing and wrestling relating to tickets to
places of entertainment, as amended by chapter 68 of the laws  of  2009,
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 15, [2010] 2012 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, 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 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15404-01-0

2009-S6444A - Details

Law Section:: Arts and Cultural Affairs
Laws Affected:: Amd §§25.03, 25.11, 25.15 & 25.30, add §25.24, Arts & Cul L; amd §4, Chap 704 of 1991

2009-S6444A - Summary

Relates to resale of tickets to places of entertainment; provides for the regulation of boxing and wrestling relating to tickets to places of entertainment.

2009-S6444A - Sponsor Memo

                                 BILL NUMBER:  S6444A

 TITLE OF BILL :
An act to amend the arts and cultural affairs law, in relation to
resale of tickets to places of entertainment; 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, in
relation to the effectiveness thereof


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would ensure proper and sufficient regulation of the resale
of tickets.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill would amend §25.03 of the Arts and Cultural
Affairs Law to add the definition of ticket office to the current law.

Section 2 would amend §25.11 of the Arts and Cultural Affairs Law to
add the definition of ticket office to the section.

Section 3 would add ticket office to the buffer zone surrounding
places of entertainment.

Section 4 would make changes to the bond requirement.

Section 5 would enact the previous sections and sunset them in two
years on May 15, 2012, while making the amendments to section 25.11
permanent.

Section 6 would prohibit an operator or operator's agent to sell or
convey tickets to any secondary ticket reseller owned or controlled by
such operator or operator's agent.

Section 7 would add a new section 25.24 which would make using
automated ticket purchasing software a crime and would impose
penalties for such.

Section 8 would deem the provisions of the bill in full force and
effect from May 25, 2010 through May 25, 2011.

Section 9 would enact the bill and makes the amendments to 25.15 and
to 25.24 permanent.

 JUSTIFICATION :
In 2009 when the current regulation of ticket resale was set to
sunset, the conversation once again turned to the effectiveness of
regulation on the current market. It quickly became apparent that such
a multifaceted industry warranted an in-depth review of practices; and
problems facing both industry and consumers alike. The Department of
State was then commissioned to carry out such a review and report back
to the legislature. This legislation places regulation on the ticket
resale industry based on those findings.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S6444A - Bill Text download pdf

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

                                 6444--A
    Cal. No. 215

                            I N  S E N A T E

                            January 12, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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 resale
  of tickets to places of entertainment; 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 wres-
  tling relating to tickets to places of entertainment, in  relation  to
  the effectiveness thereof

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

  Section 1. Section 25.03 of the  arts  and  cultural  affairs  law  is
amended by adding a new subdivision 10 to read as follows:
  10.  "TICKET OFFICE" MEANS A BUILDING OR OTHER STRUCTURE LOCATED OTHER
THAN AT THE PLACE OF ENTERTAINMENT, AT WHICH THE OPERATOR OR THE  OPERA-
TOR'S AGENT OFFERS TICKETS FOR FIRST SALE TO THE PUBLIC.
  S  2. Section 25.11 of the arts and cultural affairs law is amended by
adding a new subdivision 4 to read as follows:
  4. FOR PURPOSES OF THIS SECTION, "TICKET OFFICE" MEANS A  BUILDING  OR
OTHER  STRUCTURE  LOCATED  OTHER  THAN AT THE PLACE OF ENTERTAINMENT, AT
WHICH THE OPERATOR OR THE OPERATOR'S AGENT OFFERS TICKETS FOR FIRST SALE
TO THE PUBLIC.
  S 3. Section 25.11 of the arts and cultural affairs law, as amended by
chapter 61 of the laws of 2007, subdivision 3 as amended by chapter  374
of the laws of 2007, is amended to read as follows:
  S 25.11. Resales  of  tickets  within buffer zone. 1. No person, firm,
corporation or not-for-profit organization, whether  or  not  domiciled,
licensed  or  registered within the state, shall resell, offer to resell
or solicit the resale of any ticket to any place of entertainment having
a permanent seating capacity in excess of five thousand  persons  within

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

                                                           LBD15404-03-0

S. 6444--A                          2

one thousand five hundred feet from the physical structure of such place
of entertainment, OR A TICKET OFFICE.
  2. No person, firm, corporation or not-for-profit organization, wheth-
er  or  not  domiciled,  licensed  or registered within the state, shall
resell, offer to resell or solicit the resale of any ticket to any place
of entertainment having a permanent seating capacity of five thousand or
fewer persons within five hundred feet from the  physical  structure  OR
TICKET  OFFICE  of  such  place  of entertainment, provided however that
current licensees and those seeking a license  under  this  article  are
exempt  from such buffer zone when operating out of a permanent physical
structure.
  3. Notwithstanding subdivisions one and two of this section, an opera-
tor may designate an area within the property  line  of  such  place  of
entertainment  for  the  lawful resale of tickets only to events at such
place of entertainment by any person, firm, corporation or  not-for-pro-
fit organization, whether or not domiciled, licensed or registered with-
in the state.
  S 4. Section 25.15 of the arts and cultural affairs law, as amended by
chapter 374 of the laws of 2007, is amended to read as follows:
  S 25.15. Bond.  The secretary of state shall require the applicant for
a  license  to  file with the application therefor a bond in due form to
the people of New York in the penal sum of twenty-five thousand dollars,
with two or more sufficient sureties or a duly authorized surety  compa-
ny,  which  bond  shall be approved by the secretary of state. Each such
bond shall be conditioned that the obligor will not  be  guilty  of  any
fraud  or  extortion, will not violate directly or indirectly any of the
provisions of this article or any of the provisions of  the  license  or
certificate   provided  for  in  this  article,  will  comply  with  the
provisions of this article and will pay all damages  occasioned  to  any
person by reason of any misstatement, misrepresentation, fraud or deceit
or  any  unlawful  act or omission of such obligor, his or her agents or
employees, while acting within the  scope  of  their  employment,  made,
committed  or  omitted in connection with the provisions of this article
in the business conducted under such license  or  caused  by  any  other
violation  of  this  article  in carrying on the business for which such
license is granted. [A suit to recover on the bond required to be  filed
by  the  provisions  of  this  article may be brought in the name of the
person damaged, upon the bond deposited with the department of state  by
such  licensed  person, in a court of competent jurisdiction. The amount
of damages claimed by the plaintiff and not the  penalty  named  in  the
bond  shall  determine the jurisdiction of the court in which the action
is brought.] One or more recoveries or payments upon such bond shall not
vitiate the same but such bond shall remain in full  force  and  effect,
provided,  however,  that the aggregate amount of all such recoveries or
payments shall not exceed the penal sum thereof.   BEFORE THE  SECRETARY
SHALL  DRAW UPON SUCH BOND, THE SECRETARY SHALL ISSUE A DETERMINATION IN
WRITING WHICH SHALL INCLUDE THE BASIS  OF  SUCH  ACTION.  THE  SECRETARY
SHALL NOTIFY IN WRITING THE LICENSEE OF ANY SUCH DETERMINATION AND SHALL
AFFORD  THE LICENSEE AN OPPORTUNITY TO RESPOND WITHIN TWENTY DAYS OF THE
RECEIPT OF SUCH DETERMINATION. IN NO EVENT MAY THE BOND BE DRAWN UPON IN
LESS THAN TWENTY-FIVE DAYS AFTER THE SERVICE OF A DETERMINATION  TO  THE
LICENSEE.  SUCH  WRITTEN  NOTICE  MAY  BE  SERVED  BY  DELIVERY  THEREOF
PERSONALLY TO THE LICENSEE, OR BY CERTIFIED MAIL TO THE LAST KNOWN BUSI-
NESS ADDRESS OF SUCH LICENSEE.  ONLY  UPON  SUCH  DETERMINATION  OF  THE
SECRETARY SHALL MONEYS BE WITHDRAWN FROM THE BOND. Upon the commencement
of any action or actions against the surety upon any such bond for a sum

S. 6444--A                          3

or  sums  aggregating or exceeding the amount of such bond the secretary
of state shall require a new and additional bond in like amount  as  the
original  one,  which shall be filed with the department of state within
thirty  days after the demand therefor. Failure to file such bond within
such period shall constitute cause for the  revocation  of  the  license
pursuant  to  section  25.31  of  this article theretofore issued to the
licensee upon whom such demand shall have been made. Any suit or  action
against  the  surety  on  any  bond  required  by the provisions of this
section shall be commenced within one year after  the  cause  of  action
shall have accrued.
  S  5.  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 relating to tickets to places  of
entertainment,  as amended by chapter 68 of the laws of 2009, 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 15, [2010] 2011 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 6. Section 25.30 of the arts and cultural affairs law, as  added  by
chapter 61 of the laws of 2007, is amended to read as follows:
  S  25.30.  Operator  prohibitions. 1. A ticket is a license, issued by
the operator of a place of entertainment, for admission to the place  of
entertainment  at  the date and time specified on the ticket, subject to
the terms and conditions as specified by the  operator.  Notwithstanding
any  other  provision of law to the contrary, it shall be prohibited for
any  operator  of  a  place  of  entertainment,  who  offers  for   sale
subscription  or  season  ticket  packages, to restrict by any means the
resale of any tickets included in  the  subscription  or  season  ticket
package  as a condition of purchase, as a condition to retain such tick-
ets for the duration of the subscription or season ticket package agree-
ment, or as a condition to retain any contractually agreed  upon  rights
to  purchase  future  subscription  or  season  ticket packages that are
otherwise conferred in the  subscription  or  season  ticket  agreement.
Furthermore,  it  shall  be  prohibited  for  any operator of a place of
entertainment to deny access to a ticket holder who possesses  a  resold
subscription  or  season  ticket  to  a  performance based solely on the
grounds that such ticket has been resold.
  2. Additionally, nothing in this article shall be construed to prohib-
it an operator of a place of entertainment from maintaining and  enforc-

S. 6444--A                          4

ing  any policies regarding conduct or behavior at or in connection with
their venue.   An operator shall be  permitted  to  revoke  or  restrict
season  tickets  for  reasons  relating to violations of venue policies,
including  but  not  limited to, attempts by two or more persons to gain
admission to a single event with both the cancelled  tickets  originally
issued  to a season ticket holder and those tickets re-issued as part of
a resale transaction, and to the extent the operator may deem  necessary
for  the  protection  of  the  safety  of patrons or to address fraud or
misconduct.
  3. NO OPERATOR OR OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY
SECONDARY TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR OR  OPERA-
TOR'S AGENT.
  4.  THE  OPERATOR  OR  THE PROMOTER SHALL DETERMINE WHETHER A SEAT FOR
WHICH A TICKET IS FOR SALE HAS AN OBSTRUCTED VIEW,  AND  SHALL  DISCLOSE
SUCH  OBSTRUCTION. IF THE OPERATOR OR PROMOTER DISCLOSES THAT A SEAT FOR
WHICH A TICKET IS FOR SALE HAS AN  OBSTRUCTED  VIEW,  IT  SHALL  BE  THE
RESPONSIBILITY  OF  THE  SECONDARY  TICKET  RESELLER  TO  DISCLOSE  SUCH
OBSTRUCTION UPON THE RESALE OF SUCH TICKET. SUCH OBSTRUCTION  SHALL  NOT
INCLUDE AN OBSTRUCTION OF VIEW CAUSED BY A PERSON, OR PERSONS, SEATED IN
AN  ADJACENT SEAT, OR SEATS, OR OCCUPYING AN AISLE; OR AN OBSTRUCTION OF
VIEW CAUSED BY AN OBJECT OR OBJECTS PLACED  UPON  AN  ADJACENT  SEAT  OR
SEATS,  OR  IN AN AISLE; OR AN OBSTRUCTION OF VIEW THAT IS DE MINIMUS OR
TRANSITORY IN NATURE.
  S 7. The arts and cultural affairs law is  amended  by  adding  a  new
section 25.24 to read as follows:
  S  25.24. AUTOMATED TICKET PURCHASING SOFTWARE. 1. THE TERM "AUTOMATED
TICKET PURCHASING SOFTWARE" SHALL MEAN, ANY  MACHINE,  DEVICE,  COMPUTER
PROGRAM  OR  COMPUTER SOFTWARE THAT NAVIGATES OR RUNS AUTOMATED TASKS ON
RETAIL TICKET PURCHASING WEBSITES IN ORDER TO BYPASS  SECURITY  MEASURES
TO PURCHASE TICKETS.
  2.    IT  SHALL BE UNLAWFUL FOR ANY PERSON TO UTILIZE AUTOMATED TICKET
PURCHASING SOFTWARE TO PURCHASE TICKETS.
  3. ANY PERSON WHO KNOWINGLY UTILIZES AUTOMATED TICKET PURCHASING SOFT-
WARE IN ORDER TO BYPASS SECURITY MEASURES TO PURCHASE TICKETS  SHALL  BE
SUBJECT  TO  A  CIVIL  PENALTY IN AN AMOUNT OF NO LESS THAN FIVE HUNDRED
DOLLARS AND NO MORE THAN ONE THOUSAND DOLLARS FOR  EACH  SUCH  VIOLATION
AND  SHALL FORFEIT ALL PROFITS MADE FROM THE SALE OF ANY SUCH UNLAWFULLY
OBTAINED TICKETS.
  4. ANY PERSON WHO INTENTIONALLY MAINTAINS ANY INTEREST IN OR MAINTAINS
ANY CONTROL OF THE OPERATION OF AUTOMATED TICKET PURCHASING SOFTWARE  TO
BYPASS SECURITY MEASURES TO PURCHASE TICKETS SHALL BE SUBJECT TO A CIVIL
PENALTY  IN AN AMOUNT OF NO LESS THAN SEVEN HUNDRED FIFTY DOLLARS AND NO
MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION  AND
SHALL  FORFEIT  ALL  PROFITS  MADE  FROM THE SALE OF ANY SUCH UNLAWFULLY
OBTAINED TICKETS.
  5. ANY PERSON WHO IS SUBJECT TO A CIVIL PENALTY UNDER THIS SECTION AND
HAS BEEN ASSESSED A PENALTY UNDER THIS  SECTION  IN  THE  PREVIOUS  FIVE
YEARS  SHALL  BE GUILTY OF A VIOLATION AND MAY BE FINED NO LESS THAN ONE
THOUSAND DOLLARS AND NO MORE THAN FIVE THOUSAND DOLLARS  FOR  EACH  SUCH
VIOLATION AND SHALL FORFEIT ALL PROFITS FROM THE SALE OF ANY SUCH UNLAW-
FULLY  OBTAINED  TICKETS. IN ADDITION, A PERSON CONVICTED OF A VIOLATION
UNDER THIS SECTION MAY BE REQUIRED TO FORFEIT ANY AND ALL EQUIPMENT USED
IN THE UNLAWFUL PURCHASING OF TICKETS.
  6. THE  ATTORNEY  GENERAL  SHALL  HAVE  JURISDICTION  TO  ENFORCE  THE
PROVISIONS  OF THIS SECTION IN ACCORDANCE WITH THE POWERS GRANTED TO HIM
OR HER BY SECTION SIXTY-THREE OF THE EXECUTIVE LAW.

S. 6444--A                          5

  7. IN ADDITION TO THE POWER GIVEN TO THE ATTORNEY GENERAL  TO  ENFORCE
THE  PROVISIONS  OF THIS SECTION, ANY PLACE OF ENTERTAINMENT, AS DEFINED
BY SECTION 23.03 OF THIS CHAPTER, OR ANY AGGRIEVED PARTY THAT  HAS  BEEN
INJURED  BY  WRONGFUL  CONDUCT  PRESCRIBED  BY THIS SECTION MAY BRING AN
ACTION TO RECOVER ALL ACTUAL DAMAGES SUFFERED AS A RESULT OF ANY OF SUCH
WRONGFUL  CONDUCT.  THE  COURT IN ITS DISCRETION MAY AWARD DAMAGES UP TO
THREE TIMES THE AMOUNT OF ACTUAL  DAMAGES.  THE  COURT  MAY  ENJOIN  THE
RESPONDENT  FROM ANY AND ALL ACTIVITY PROHIBITED UNDER THIS SECTION. THE
COURT MAY ALSO AWARD REASONABLE ATTORNEY'S FEES AND COSTS.  ANY  PENALTY
OR  RECOVERY  AUTHORIZED  BY  THIS  SECTION  MAY BE RECOVERED IN A CLASS
ACTION.
  S 8. 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 15, 2011,  when  upon
such date such provisions shall expire and be deemed repealed.
  S  9. This act shall take effect immediately; provided that the amend-
ments to section 25.03 of the arts and cultural  affairs  law,  made  by
section  one  of this act, shall be subject to the expiration and rever-
sion of such section pursuant to section 4 of chapter 704 of the laws of
1991, as amended, when upon such date the provisions of section  two  of
this  act  shall  take  effect;  provided further that the amendments to
section 25.15 of the arts and cultural affairs law made by section  four
of  this  act  shall  not  affect  the  expiration and reversion of such
section and shall expire and  be  deemed  repealed  therewith;  provided
further,  that  the amendments to section 25.30 of the arts and cultural
affairs law, made by section six of  this  act,  shall  not  affect  the
repeal  of  such  section  and  shall  be deemed repealed therewith; and
provided further that section 25.24 of the  arts  and  cultural  affairs
law, as added by section seven of this act, shall survive the expiration
and  reversion  of  article  25  of such law as provided in section 4 of
chapter 704 of the laws of 1991, as amended.

2009-S6444B - Details

Law Section:: Arts and Cultural Affairs
Laws Affected:: Amd §§25.03, 25.11, 25.15 & 25.30, add §25.24, Arts & Cul L; amd §4, Chap 704 of 1991

2009-S6444B - Summary

Relates to resale of tickets to places of entertainment; provides for the regulation of boxing and wrestling relating to tickets to places of entertainment.

2009-S6444B - Sponsor Memo

                                BILL NUMBER:S6444B

TITLE OF BILL:

An act
to amend the arts and cultural affairs law, in relation to resale of
tickets to places of entertainment; 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,
in relation to the effectiveness thereof

PURPOSE:

This bill would extend the scheduled sunset of Article 25 of the Arts
and Cultural Affairs Law (ACAL), until May 15, 2011, make ACAL
25.11 permanent, and make various other changes to the law governing
ticket sales.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend ACAL § 25.03 to add a new
subdivision (10) to create the definition for a "ticket office."

Section 2 of the bill would amend ACAL § 25.11 to add a new
subdivision (4) to create the definition of a "ticket office."

Section 3 of the bill would include ticket offices as locations
protected by a 1,500 foot buffer zone, inside of which tickets cannot
be resold.

Section 3 of the bill would amend ACAL § 25.11 to include a ticket
office within the Scope of the buffer zone provisions set forth by
this section.

Section 4 of the bill would amend ACAL § 25.15 to clarify how the
Secretary of State can draw upon bonds posted by the licensees of
Article 25 of the Arts and Cultural Affairs Law.

Section 5 of the bill would amend chapter 704 of the laws of 1991 to
extend the effectiveness of Article 25 of the Arts and Cultural
Affairs Law.

Section 6 of the bill would amend ACAL § 25.25 to require that
licensees report to the Consumer Protection Board information related
to the resale of tickets.

Section 7 of the bill would amend ACAL § 25.29(1) to require that
service charges in association with tickets sold be reasonable.

Section 8 of the bill would amend ACAL § 25.30 to require that
consumers be provided with the option of a transferrable ticket at
the time of first public sale.

Section 9 of the bill would amend ACAL § 25.35 to add a new
subdivision (7) to allow for increases in fines for certain
violations of ACAL Article 25 when such violations are committed by
firms, corporations or entities other than individual persons.

Section 10 of the bill would create a new ACAL § 25.24 to prohibit the
use of automated ticket purchasing software.

Section 11 of the bill would make ACAL § 25.11 permanent.

Section 12 of the bill would make the bill effective immediately.

EXISTING LAW:

The regulatory framework governing the sale and resale of tickets to
places of entertainment is contained in Article 25 of the ACAL

STATEMENT IN SUPPORT:

This legislation would extend the effectiveness of ACAL Article 25 for
one year, and prevent the consequent reversion to a governance
framework contained in the presently dormant Article 25 of the Arts
and Cultural Affairs Law as promulgated generally by the Laws of
1920. The purpose of this extension is to avoid unnecessary
disruption in the ticket sale and resale marketplace, as well as the
enforcement burdens that will result from a sunset.

In addition, this legislation would enact new provisions to protect
consumers. Specifically, the bill will prohibit the use of automated
ticket purchasing software, which presently is used by unscrupulous
speculators to purchase tickets at initial sale ahead of consumers
intending to attend an event. While the use of this software is
typically banned by the policies of ticket issuers and venue
operators, this statutory prohibition would allow the State to
intervene to further protect consumers.

This legislation would also extend new consumer protections on the
primary market, by prohibiting venue operators and their agents from
employing paperless ticketing systems that do not allow consumers to
transfer their tickets independent of the operator or operator's
agent, unless the operator offers the consumer a choice of purchasing
independently transferrable tickets in another form. Additionally,
operators would be prohibited from charging higher prices based on
the form of ticket a consumer selects, and would be allowed to assess
only reasonable surcharges on other than paperless forms of tickets.

Further, the legislation would provide for a new reporting requirement
for licensees that would enable the State to better determine the

impact of the resale marketplace on consumers, as well as to study
the purchasing trends of consumers.

Finally, the bill would make permanent ACAL § 25.11, which relates to
ticket office buffer zones.

BUDGET IMPLICATIONS:

This legislation would not have any impact on the State's Financial
Plan.

EFFECTIVE DATE:

This act would take effect immediately, with provisions.

2009-S6444B - Bill Text download pdf

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

                                 6444--B
    Cal. No. 215

                            I N  S E N A T E

                            January 12, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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 -- again 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 resale
  of  tickets  to  places  of entertainment; 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 wres-
  tling  relating  to tickets to places of entertainment, in relation to
  the effectiveness thereof

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

  Section  1.  Section  25.03  of  the  arts and cultural affairs law is
amended by adding a new subdivision 10 to read as follows:
  10. "TICKET OFFICE" MEANS A BUILDING OR OTHER STRUCTURE LOCATED  OTHER
THAN  AT THE PLACE OF ENTERTAINMENT, AT WHICH THE OPERATOR OR THE OPERA-
TOR'S AGENT OFFERS TICKETS FOR FIRST SALE TO THE PUBLIC.
  S 2. Section 25.11 of the arts and cultural affairs law is amended  by
adding a new subdivision 4 to read as follows:
  4.  FOR  PURPOSES OF THIS SECTION, "TICKET OFFICE" MEANS A BUILDING OR
OTHER STRUCTURE LOCATED OTHER THAN AT THE  PLACE  OF  ENTERTAINMENT,  AT
WHICH THE OPERATOR OR THE OPERATOR'S AGENT OFFERS TICKETS FOR FIRST SALE
TO THE PUBLIC.
  S 3. Section 25.11 of the arts and cultural affairs law, as amended by
chapter  61 of the laws of 2007, subdivision 3 as amended by chapter 374
of the laws of 2007, is amended to read as follows:
  S 25.11. Resales of tickets within buffer zone. 1.  No  person,  firm,
corporation  or  not-for-profit  organization, whether or not domiciled,
licensed or registered within the state, shall resell, offer  to  resell
or solicit the resale of any ticket to any place of entertainment having
a  permanent  seating capacity in excess of five thousand persons within

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15404-04-0

S. 6444--B                          2

one thousand five hundred feet from the physical structure of such place
of entertainment, OR A TICKET OFFICE.
  2. No person, firm, corporation or not-for-profit organization, wheth-
er  or  not  domiciled,  licensed  or registered within the state, shall
resell, offer to resell or solicit the resale of any ticket to any place
of entertainment having a permanent seating capacity of five thousand or
fewer persons within five hundred feet from the  physical  structure  OR
TICKET  OFFICE  of  such  place  of entertainment, provided however that
current licensees and those seeking a license  under  this  article  are
exempt  from such buffer zone when operating out of a permanent physical
structure.
  3. Notwithstanding subdivisions one and two of this section, an opera-
tor may designate an area within the property  line  of  such  place  of
entertainment  for  the  lawful resale of tickets only to events at such
place of entertainment by any person, firm, corporation or  not-for-pro-
fit organization, whether or not domiciled, licensed or registered with-
in the state.
  S 4. Section 25.15 of the arts and cultural affairs law, as amended by
chapter 374 of the laws of 2007, is amended to read as follows:
  S 25.15. Bond.  The secretary of state shall require the applicant for
a  license  to  file with the application therefor a bond in due form to
the people of New York in the penal sum of twenty-five thousand dollars,
with two or more sufficient sureties or a duly authorized surety  compa-
ny,  which  bond  shall be approved by the secretary of state. Each such
bond shall be conditioned that the obligor will not  be  guilty  of  any
fraud  or  extortion, will not violate directly or indirectly any of the
provisions of this article or any of the provisions of  the  license  or
certificate   provided  for  in  this  article,  will  comply  with  the
provisions of this article and will pay all damages  occasioned  to  any
person by reason of any misstatement, misrepresentation, fraud or deceit
or  any  unlawful  act or omission of such obligor, his or her agents or
employees, while acting within the  scope  of  their  employment,  made,
committed  or  omitted in connection with the provisions of this article
in the business conducted under such license  or  caused  by  any  other
violation  of  this  article  in carrying on the business for which such
license is granted. [A suit to recover on the bond required to be  filed
by  the  provisions  of  this  article may be brought in the name of the
person damaged, upon the bond deposited with the department of state  by
such  licensed  person, in a court of competent jurisdiction. The amount
of damages claimed by the plaintiff and not the  penalty  named  in  the
bond  shall  determine the jurisdiction of the court in which the action
is brought.] One or more recoveries or payments upon such bond shall not
vitiate the same but such bond shall remain in full  force  and  effect,
provided,  however,  that the aggregate amount of all such recoveries or
payments shall not exceed the penal sum thereof.   BEFORE THE  SECRETARY
SHALL  DRAW UPON SUCH BOND, THE SECRETARY SHALL ISSUE A DETERMINATION IN
WRITING WHICH SHALL INCLUDE THE BASIS  OF  SUCH  ACTION.  THE  SECRETARY
SHALL NOTIFY IN WRITING THE LICENSEE OF ANY SUCH DETERMINATION AND SHALL
AFFORD  THE LICENSEE AN OPPORTUNITY TO RESPOND WITHIN TWENTY DAYS OF THE
RECEIPT OF SUCH DETERMINATION. IN NO EVENT MAY THE BOND BE DRAWN UPON IN
LESS THAN TWENTY-FIVE DAYS AFTER THE SERVICE OF A DETERMINATION  TO  THE
LICENSEE.  SUCH  WRITTEN  NOTICE  MAY  BE  SERVED  BY  DELIVERY  THEREOF
PERSONALLY TO THE LICENSEE, OR BY CERTIFIED MAIL TO THE LAST KNOWN BUSI-
NESS ADDRESS OF SUCH LICENSEE.  ONLY  UPON  SUCH  DETERMINATION  OF  THE
SECRETARY SHALL MONEYS BE WITHDRAWN FROM THE BOND. Upon the commencement
of any action or actions against the surety upon any such bond for a sum

S. 6444--B                          3

or  sums  aggregating or exceeding the amount of such bond the secretary
of state shall require a new and additional bond in like amount  as  the
original  one,  which shall be filed with the department of state within
thirty  days after the demand therefor. Failure to file such bond within
such period shall constitute cause for the  revocation  of  the  license
pursuant  to  section  25.31  of  this article theretofore issued to the
licensee upon whom such demand shall have been made. Any suit or  action
against  the  surety  on  any  bond  required  by the provisions of this
section shall be commenced within one year after  the  cause  of  action
shall have accrued.
  S  5.  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 relating to tickets to places  of
entertainment,  as amended by chapter 68 of the laws of 2009, 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 15, [2010] 2011 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 6. Section 25.25 of the arts and cultural affairs law, as amended by
chapter 374 of the laws of 2007, is amended to read as follows:
  S 25.25. Records of purchases and sales. 1. Every  licensee  shall  at
all times keep full and accurate sets of records showing:  [(1)] (A) the
prices  at which all tickets have been bought and sold by such licensee;
and [(2)] (B) the names and addresses of the person, firm or corporation
from whom they were bought. Operators offering for initial sale  tickets
by  means  of an auction shall maintain a record of the price when known
and the number of tickets and types of seats  offered  through  auction.
These records shall be made available upon request to the state attorney
general,  the  secretary  of  state, or other governmental body with the
express authority to enforce any  section  of  this  article;  provided,
however,  that  the  records  required  to be maintained by this section
shall be considered proprietary in nature and shall be governed  by  the
protections  set forth in subdivision five of section eighty-nine of the
public officers law. These records shall be retained for a period of not
less than ten years.
  2. TWICE ANNUALLY, ON JUNE THIRTIETH AND DECEMBER THIRTY-FIRST,  EVERY
LICENSEE  THAT  RESELLS  TICKETS  OR  FACILITATES  THE  RESALE OR RESALE
AUCTION OF TICKETS BETWEEN INDEPENDENT PARTIES  BY  ANY  AND  ALL  MEANS
SHALL  REPORT  TO THE CONSUMER PROTECTION BOARD THE TOTAL NUMBER OF, AND

S. 6444--B                          4

AVERAGE RESALE OR AVERAGE FINAL RESALE AUCTION PRICE OF, ALL TICKETS  TO
EACH  TICKETED  EVENT,  PROVIDED, HOWEVER, THAT REPEAT PERFORMANCES OF A
SINGLE EVENT, AND  MULTIPLE  EVENTS  THAT  ARE  PART  OF  A  SEASON-LONG
PERFORMANCE  SHALL  BE TREATED AS A SINGLE EVENT FOR THE PURPOSES OF THE
REPORTING REQUIREMENT OF THIS SUBDIVISION. THE INFORMATION  REQUIRED  TO
BE  REPORTED  BY  THIS SECTION SHALL BE CONSIDERED PROPRIETARY IN NATURE
AND SHALL BE GOVERNED BY THE PROTECTIONS SET FORTH IN  SUBDIVISION  FIVE
OF  SECTION  EIGHTY-NINE  OF  THE PUBLIC OFFICERS LAW, AND SHALL BE USED
EXCLUSIVELY FOR ANALYTICAL PURPOSES BY THE CONSUMER PROTECTION BOARD.
  S 7. Subdivision 1 of section 25.29 of the arts and  cultural  affairs
law, as amended by chapter 61 of the laws of 2007, is amended to read as
follows:
  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 indi-
rectly, any premium or price in excess of  the  established  price  plus
lawful  taxes  whether  designated  as  price,  gratuity  or  otherwise;
provided, however: (a) nothing 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.
  S  8.  Section 25.30 of the arts and cultural affairs law, as added by
chapter 61 of the laws of 2007, is amended to read as follows:
  S 25.30. Operator prohibitions. 1. A ticket is a  license,  issued  by
the  operator of a place of entertainment, for admission to the place of
entertainment at the date and time specified on the ticket,  subject  to
the  terms  and conditions as specified by the operator. Notwithstanding
any other provision of law to the contrary, it shall be  prohibited  for
any  operator  of  a  place  of  entertainment,  [who  offers  for  sale
subscription or season ticket packages] OR OPERATOR'S AGENT, to:
  (A) restrict by any means the resale of any tickets included in  [the]
A subscription or season ticket package as a condition of purchase, as a
condition to retain such tickets for the duration of the subscription or
season  ticket  package  agreement,  or  as  a  condition  to retain any
contractually agreed upon rights  to  purchase  future  subscription  or
season  ticket packages that are otherwise conferred in the subscription
or season ticket agreement[. Furthermore, it shall be prohibited for any
operator of a place of entertainment to];
  (B) deny access to a ticket holder who possesses a resold subscription
or season ticket to a performance based solely on the grounds that  such
ticket has been resold[.]; OR
  (C) EMPLOY A FORM OF PAPERLESS TICKETING THAT IS NOT READILY TRANSFER-
ABLE TO ANOTHER CUSTOMER.
  2. Additionally, nothing in this article shall be construed to prohib-
it  an operator of a place of entertainment from maintaining and enforc-
ing any policies regarding conduct or behavior at or in connection  with
their  venue.    FURTHER,  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
PROHIBIT AN OPERATOR OF A PLACE OF  ENTERTAINMENT,  OR  SUCH  OPERATOR'S
AGENT,  FROM  RESTRICTING  THE  RESALE  OF TICKETS THAT ARE OFFERED AT A
PROMOTIONAL OR DISCOUNTED PRICE, FOR FREE, OR FOR PERSONS WITH DISABILI-
TIES. An operator shall be permitted to revoke or restrict season  tick-
ets  for reasons relating to violations of venue policies, including but
not limited to, attempts by two or more persons to gain admission  to  a
single  event  with  both  the  cancelled tickets originally issued to a

S. 6444--B                          5

season ticket holder and those tickets re-issued as  part  of  a  resale
transaction,  and  to the extent the operator may deem necessary for the
protection of the safety of patrons or to address fraud or misconduct.
  3. NO OPERATOR OR OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY
SECONDARY  TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR OR OPERA-
TOR'S AGENT.
  4. THE OPERATOR OR THE PROMOTER SHALL DETERMINE  WHETHER  A  SEAT  FOR
WHICH  A  TICKET  IS FOR SALE HAS AN OBSTRUCTED VIEW, AND SHALL DISCLOSE
SUCH OBSTRUCTION. IF THE OPERATOR OR PROMOTER DISCLOSES THAT A SEAT  FOR
WHICH  A  TICKET  IS  FOR  SALE  HAS AN OBSTRUCTED VIEW, IT SHALL BE THE
RESPONSIBILITY  OF  THE  SECONDARY  TICKET  RESELLER  TO  DISCLOSE  SUCH
OBSTRUCTION  UPON  THE RESALE OF SUCH TICKET. SUCH OBSTRUCTION SHALL NOT
INCLUDE AN OBSTRUCTION OF VIEW CAUSED BY A PERSON, OR PERSONS, SEATED IN
AN ADJACENT SEAT, OR SEATS, OR OCCUPYING AN AISLE; OR AN OBSTRUCTION  OF
VIEW  CAUSED  BY  AN  OBJECT  OR OBJECTS PLACED UPON AN ADJACENT SEAT OR
SEATS, OR IN AN AISLE; OR AN OBSTRUCTION OF VIEW THAT IS DE  MINIMUS  OR
TRANSITORY IN NATURE.
  S  9. Section 25.35 of the arts and cultural affairs law is amended by
adding a new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, WHEN THE FINES
INCLUDED IN THIS SECTION ARE IMPOSED ON A  FIRM,  CORPORATION  OR  OTHER
ENTITY  THAT  IS NOT A SINGLE PERSON, SUCH FINES MAY BE IMPOSED AT UP TO
TWO TIMES THE AMOUNT OTHERWISE  ALLOWED,  OR,  WHERE  APPLICABLE,  THREE
TIMES THE AMOUNT OF THE DEFENDANT'S GAIN.
  S  10.  The  arts  and cultural affairs law is amended by adding a new
section 25.24 to read as follows:
  S 25.24. AUTOMATED TICKET PURCHASING SOFTWARE. 1. THE TERM  "AUTOMATED
TICKET  PURCHASING  SOFTWARE"  SHALL MEAN, ANY MACHINE, DEVICE, COMPUTER
PROGRAM OR COMPUTER SOFTWARE THAT NAVIGATES OR RUNS AUTOMATED  TASKS  ON
RETAIL  TICKET  PURCHASING WEBSITES IN ORDER TO BYPASS SECURITY MEASURES
TO PURCHASE TICKETS.
  2.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO  UTILIZE  AUTOMATED  TICKET
PURCHASING SOFTWARE TO PURCHASE TICKETS.
  3. ANY PERSON WHO KNOWINGLY UTILIZES AUTOMATED TICKET PURCHASING SOFT-
WARE  IN  ORDER TO BYPASS SECURITY MEASURES TO PURCHASE TICKETS SHALL BE
SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO  LESS  THAN  FIVE  HUNDRED
DOLLARS  AND  NO  MORE THAN ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION
AND SHALL FORFEIT ALL PROFITS MADE FROM THE SALE OF ANY SUCH  UNLAWFULLY
OBTAINED TICKETS.
  4. ANY PERSON WHO INTENTIONALLY MAINTAINS ANY INTEREST IN OR MAINTAINS
ANY  CONTROL OF THE OPERATION OF AUTOMATED TICKET PURCHASING SOFTWARE TO
BYPASS SECURITY MEASURES TO PURCHASE TICKETS SHALL BE SUBJECT TO A CIVIL
PENALTY IN AN AMOUNT OF NO LESS THAN SEVEN HUNDRED FIFTY DOLLARS AND  NO
MORE  THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION AND
SHALL FORFEIT ALL PROFITS MADE FROM THE  SALE  OF  ANY  SUCH  UNLAWFULLY
OBTAINED TICKETS.
  5. ANY PERSON WHO IS SUBJECT TO A CIVIL PENALTY UNDER THIS SECTION AND
HAS  BEEN  ASSESSED  A  PENALTY  UNDER THIS SECTION IN THE PREVIOUS FIVE
YEARS SHALL BE GUILTY OF A VIOLATION AND MAY BE FINED NO LESS  THAN  ONE
THOUSAND  DOLLARS  AND  NO MORE THAN FIVE THOUSAND DOLLARS FOR EACH SUCH
VIOLATION AND SHALL FORFEIT ALL PROFITS FROM THE SALE OF ANY SUCH UNLAW-
FULLY OBTAINED TICKETS. IN ADDITION, A PERSON CONVICTED OF  A  VIOLATION
UNDER THIS SECTION MAY BE REQUIRED TO FORFEIT ANY AND ALL EQUIPMENT USED
IN THE UNLAWFUL PURCHASING OF TICKETS.

S. 6444--B                          6

  6.  THE  ATTORNEY  GENERAL  SHALL  HAVE  JURISDICTION  TO  ENFORCE THE
PROVISIONS OF THIS SECTION IN ACCORDANCE WITH THE POWERS GRANTED TO  HIM
OR HER BY SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  7.  IN  ADDITION TO THE POWER GIVEN TO THE ATTORNEY GENERAL TO ENFORCE
THE PROVISIONS OF THIS SECTION, ANY PLACE OF ENTERTAINMENT,  AS  DEFINED
BY  SECTION  23.03 OF THIS CHAPTER, OR ANY AGGRIEVED PARTY THAT HAS BEEN
INJURED BY WRONGFUL CONDUCT PRESCRIBED BY  THIS  SECTION  MAY  BRING  AN
ACTION TO RECOVER ALL ACTUAL DAMAGES SUFFERED AS A RESULT OF ANY OF SUCH
WRONGFUL  CONDUCT.  THE  COURT IN ITS DISCRETION MAY AWARD DAMAGES UP TO
THREE TIMES THE AMOUNT OF ACTUAL  DAMAGES.  THE  COURT  MAY  ENJOIN  THE
RESPONDENT  FROM ANY AND ALL ACTIVITY PROHIBITED UNDER THIS SECTION. THE
COURT MAY ALSO AWARD REASONABLE ATTORNEY'S FEES AND COSTS.  ANY  PENALTY
OR  RECOVERY  AUTHORIZED  BY  THIS  SECTION  MAY BE RECOVERED IN A CLASS
ACTION.
  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 15, 2011,  when  upon
such date such provisions shall expire and be deemed repealed.
  S  12.    This  act  shall  take effect immediately; provided that the
amendments to section 25.03 of the arts and cultural affairs  law,  made
by  section  one  of  this  act,  shall be subject to the expiration and
reversion of such section pursuant to section 4 of chapter  704  of  the
laws  of 1991, as amended, when upon such date the provisions of section
two of this act shall take effect; provided further that the  amendments
to  section  25.15  of the arts and cultural affairs law made by section
four of this act shall not affect the expiration and reversion  of  such
section  and  shall  expire  and be deemed repealed therewith; provided,
further, that the amendments to section 25.25 of the arts  and  cultural
affairs law, made by section six of this act shall not affect the repeal
of  such  section  and  shall  be  deemed  repealed therewith; provided,
further, that the amendments to section 25.29 of the arts  and  cultural
affairs  law,  made  by  section  seven of this act shall not affect the
repeal of such section and shall be deemed repealed therewith; provided,
further, that the amendments to section 25.30 of the arts  and  cultural
affairs  law,  made  by  section eight of this act, shall not affect the
repeal of such section and shall be deemed repealed therewith; provided,
further, that the amendments to section 25.35 of the arts  and  cultural
affairs  law,  made  by  section  nine of this act, shall not affect the
repeal of such section and  shall  be  deemed  repealed  therewith;  and
provided  further  that  section  25.24 of the arts and cultural affairs
law, as added by section ten of this act, shall survive  the  expiration
and  reversion  of  article  25  of such law as provided in section 4 of
chapter 704 of the laws of 1991, as amended.

2009-S6444C (ACTIVE) - Details

Law Section:: Arts and Cultural Affairs
Laws Affected:: Amd §§25.03, 25.11, 25.15 & 25.30, add §25.24, Arts & Cul L; amd §4, Chap 704 of 1991

2009-S6444C (ACTIVE) - Summary

Relates to resale of tickets to places of entertainment; provides for the regulation of boxing and wrestling relating to tickets to places of entertainment.

2009-S6444C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6444C

TITLE OF BILL:

An act
to amend the arts and cultural affairs law, in relation to resale of
tickets to places of entertainment; 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,
in relation to the effectiveness thereof

PURPOSE:

This bill would extend the scheduled sunset of Article 25 of the Arts
and Cultural Affairs Law (ACAL), until May 15, 2011, make ACAL § 25.11
permanent, and make various other changes to the law governing ticket
sales.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend ACAL § 25.03 to add a new
Subdivision (10) to create the definition for a "ticket office."

Section 2 of the bill would amend ACAL § 25.11 to add a new
Subdivision (4) to create the definition of a "ticket office."

Section 3 of the bill would include ticket offices as locations
protected by a 1,500 foot buffer zone, inside of which tickets cannot
be resold.

Section 3 of the bill would amend ACAL § 25.11 to include a ticket
office within the Scope of the buffer zone provisions set forth by
this section.

Section 4 of the bill would amend ACAL § 25.15 to clarify how the
Secretary of State can draw upon bonds posted by the licensees of
Article 25 of the Arts and Cultural Affairs Law.

Section 5 of the bill would amend chapter 704 of the laws of 1991 to
extend the effectiveness of Article 25 of the Arts and Cultural Affairs
Law.

Section 6 of the bill would
amend ACAL § 25.25 to require that licensees report to the
Consumer Protection Board information related to the
resale of tickets.

Section 7 of the bill would amend ACAL § 25.29(1)
to require that service charges in
association with tickets sold be reasonable.

Section 8 of the bill would amend ACAL § 25.30 to require that
paperless tickets be
transferable to another customer.

Section 9 of the bill would amend ACAL § 25.35 to add a new
subdivision
(7) to allow for increases in fines for certain violations of ACAL
Article 25 when such violations are committed by firms, corporations
or entities other than individual persons.

Section 10 of the bill would create a new ACAL § 25.24 to prohibit the
use of automated ticket purchasing software.

Section 11 of the bill would make ACAL § 25.11 permanent.

Section 12 of the bill would make the bill effective immediately.

EXISTING LAW:

The regulatory framework governing the sale and resale of tickets to
places of entertainment is contained in Article 25 of the ACAL

STATEMENT IN SUPPORT:

This legislation would extend the effectiveness of ACAL Article 25 for
one year, and prevent the consequent reversion to a governance
framework contained in the presently dormant Article 25 of the Arts
and Cultural Affairs Law as promulgated generally by the Laws of
1920. The purpose of this extension is to avoid unnecessary
disruption in the ticket sale and resale marketplace, as well as the
enforcement burdens that will result from a sunset.

In addition, this legislation would enact new provisions to protect
consumers. Specifically, the bill will prohibit the use of automated
ticket purchasing software, which presently is used by unscrupulous
speculators to purchase tickets at initial sale ahead of consumers
intending to attend an event. While the use of this software is
typically banned by the policies of ticket issuers and venue
operators, this statutory prohibition would allow the State to
intervene to further protect consumers.

This legislation would also extend new consumer protections on the
primary market, by prohibiting venue operators and their agents from
employing paperless ticketing systems that do not allow consumers to
transfer their tickets independent of the operator or operator's
agent, unless the operator offers the consumer a choice of purchasing
independently transferrable tickets in another form. Additionally,
operators would be prohibited from charging higher prices based on
the form of ticket a consumer selects, and would be allowed to assess
only reasonable surcharges on other than paperless forms of tickets.

Further, the legislation would provide for a new reporting requirement
for licensees that would enable the State to better determine the
impact of the resale marketplace on consumers, as well as to study
the purchasing trends of consumers.

Finally, the bill would make permanent ACAL § 25.11, which relates to
ticket office buffer zones.

BUDGET IMPLICATIONS:

This legislation would not have any impact on the State's Financial
Plan.

EFFECTIVE DATE:

This act would take effect immediately, with provisions.

2009-S6444C (ACTIVE) - Bill Text download pdf

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

                                 6444--C
    Cal. No. 215

                            I N  S E N A T E

                            January 12, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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 -- again amended and ordered  reprinted,  retaining  its
  place  in  the  order  of  third  reading -- again 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 resale
  of tickets to places of entertainment; 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 wres-
  tling relating to tickets to places of entertainment, in  relation  to
  the effectiveness thereof

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

  Section 1. Section 25.03 of the  arts  and  cultural  affairs  law  is
amended by adding a new subdivision 10 to read as follows:
  10.  "TICKET OFFICE" MEANS A BUILDING OR OTHER STRUCTURE LOCATED OTHER
THAN AT THE PLACE OF ENTERTAINMENT, AT WHICH THE OPERATOR OR THE  OPERA-
TOR'S AGENT OFFERS TICKETS FOR FIRST SALE TO THE PUBLIC.
  S  2. Section 25.11 of the arts and cultural affairs law is amended by
adding a new subdivision 4 to read as follows:
  4. FOR PURPOSES OF THIS SECTION, "TICKET OFFICE" MEANS A  BUILDING  OR
OTHER  STRUCTURE  LOCATED  OTHER  THAN AT THE PLACE OF ENTERTAINMENT, AT
WHICH THE OPERATOR OR THE OPERATOR'S AGENT OFFERS TICKETS FOR FIRST SALE
TO THE PUBLIC.
  S 3. Section 25.11 of the arts and cultural affairs law, as amended by
chapter 61 of the laws of 2007, subdivision 3 as amended by chapter  374
of the laws of 2007, is amended to read as follows:
  S 25.11. Resales  of  tickets  within buffer zone. 1. No person, firm,
corporation or not-for-profit organization, whether  or  not  domiciled,
licensed  or  registered within the state, shall resell, offer to resell
or solicit the resale of any ticket to any place of entertainment having

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15404-05-0

S. 6444--C                          2

a permanent seating capacity in excess of five thousand  persons  within
one thousand five hundred feet from the physical structure of such place
of entertainment, OR A TICKET OFFICE.
  2. No person, firm, corporation or not-for-profit organization, wheth-
er  or  not  domiciled,  licensed  or registered within the state, shall
resell, offer to resell or solicit the resale of any ticket to any place
of entertainment having a permanent seating capacity of five thousand or
fewer persons within five hundred feet from the  physical  structure  OR
TICKET  OFFICE  of  such  place  of entertainment, provided however that
current licensees and those seeking a license  under  this  article  are
exempt  from such buffer zone when operating out of a permanent physical
structure.
  3. Notwithstanding subdivisions one and two of this section, an opera-
tor may designate an area within the property  line  of  such  place  of
entertainment  for  the  lawful resale of tickets only to events at such
place of entertainment by any person, firm, corporation or  not-for-pro-
fit organization, whether or not domiciled, licensed or registered with-
in the state.
  S 4. Section 25.15 of the arts and cultural affairs law, as amended by
chapter 374 of the laws of 2007, is amended to read as follows:
  S 25.15. Bond.  The secretary of state shall require the applicant for
a  license  to  file with the application therefor a bond in due form to
the people of New York in the penal sum of twenty-five thousand dollars,
with two or more sufficient sureties or a duly authorized surety  compa-
ny,  which  bond  shall be approved by the secretary of state. Each such
bond shall be conditioned that the obligor will not  be  guilty  of  any
fraud  or  extortion, will not violate directly or indirectly any of the
provisions of this article or any of the provisions of  the  license  or
certificate   provided  for  in  this  article,  will  comply  with  the
provisions of this article and will pay all damages  occasioned  to  any
person by reason of any misstatement, misrepresentation, fraud or deceit
or  any  unlawful  act or omission of such obligor, his or her agents or
employees, while acting within the  scope  of  their  employment,  made,
committed  or  omitted in connection with the provisions of this article
in the business conducted under such license  or  caused  by  any  other
violation  of  this  article  in carrying on the business for which such
license is granted. [A suit to recover on the bond required to be  filed
by  the  provisions  of  this  article may be brought in the name of the
person damaged, upon the bond deposited with the department of state  by
such  licensed  person, in a court of competent jurisdiction. The amount
of damages claimed by the plaintiff and not the  penalty  named  in  the
bond  shall  determine the jurisdiction of the court in which the action
is brought.] One or more recoveries or payments upon such bond shall not
vitiate the same but such bond shall remain in full  force  and  effect,
provided,  however,  that the aggregate amount of all such recoveries or
payments shall not exceed the penal sum thereof.   BEFORE THE  SECRETARY
SHALL  DRAW UPON SUCH BOND, THE SECRETARY SHALL ISSUE A DETERMINATION IN
WRITING WHICH SHALL INCLUDE THE BASIS  OF  SUCH  ACTION.  THE  SECRETARY
SHALL NOTIFY IN WRITING THE LICENSEE OF ANY SUCH DETERMINATION AND SHALL
AFFORD  THE LICENSEE AN OPPORTUNITY TO RESPOND WITHIN TWENTY DAYS OF THE
RECEIPT OF SUCH DETERMINATION. IN NO EVENT MAY THE BOND BE DRAWN UPON IN
LESS THAN TWENTY-FIVE DAYS AFTER THE SERVICE OF A DETERMINATION  TO  THE
LICENSEE.  SUCH  WRITTEN  NOTICE  MAY  BE  SERVED  BY  DELIVERY  THEREOF
PERSONALLY TO THE LICENSEE, OR BY CERTIFIED MAIL TO THE LAST KNOWN BUSI-
NESS ADDRESS OF SUCH LICENSEE.  ONLY  UPON  SUCH  DETERMINATION  OF  THE
SECRETARY SHALL MONEYS BE WITHDRAWN FROM THE BOND. Upon the commencement

S. 6444--C                          3

of any action or actions against the surety upon any such bond for a sum
or  sums  aggregating or exceeding the amount of such bond the secretary
of state shall require a new and additional bond in like amount  as  the
original  one,  which shall be filed with the department of state within
thirty days after the demand therefor. Failure to file such bond  within
such  period  shall  constitute  cause for the revocation of the license
pursuant to section 25.31 of this  article  theretofore  issued  to  the
licensee  upon whom such demand shall have been made. Any suit or action
against the surety on any  bond  required  by  the  provisions  of  this
section  shall  be  commenced  within one year after the cause of action
shall have accrued.
  S 5. 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 relating to tickets to places of
entertainment, as amended by chapter 68 of the laws of 2009, 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 15, [2010] 2011 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 6. Section 25.25 of the arts and cultural affairs law, as amended by
chapter 374 of the laws of 2007, is amended to read as follows:
  S 25.25. Records  of  purchases  and sales. 1. Every licensee shall at
all times keep full and accurate sets of records showing:  [(1)] (A) the
prices at which all tickets have been bought and sold by such  licensee;
and [(2)] (B) the names and addresses of the person, firm or corporation
from  whom they were bought. Operators offering for initial sale tickets
by means of an auction shall maintain a record of the price  when  known
and  the  number  of tickets and types of seats offered through auction.
These records shall be made available upon request to the state attorney
general, the secretary of state, or other  governmental  body  with  the
express  authority  to  enforce  any  section of this article; provided,
however, that the records required to  be  maintained  by  this  section
shall  be  considered proprietary in nature and shall be governed by the
protections set forth in subdivision five of section eighty-nine of  the
public officers law. These records shall be retained for a period of not
less than ten years.
  2.  TWICE ANNUALLY, ON JUNE THIRTIETH AND DECEMBER THIRTY-FIRST, EVERY
LICENSEE THAT RESELLS  TICKETS  OR  FACILITATES  THE  RESALE  OR  RESALE
AUCTION  OF  TICKETS  BETWEEN  INDEPENDENT  PARTIES BY ANY AND ALL MEANS

S. 6444--C                          4

SHALL REPORT TO THE CONSUMER PROTECTION BOARD THE TOTAL NUMBER  OF,  AND
AVERAGE  RESALE OR AVERAGE FINAL RESALE AUCTION PRICE OF, ALL TICKETS TO
EACH TICKETED EVENT, PROVIDED, HOWEVER, THAT REPEAT  PERFORMANCES  OF  A
SINGLE  EVENT,  AND  MULTIPLE  EVENTS  THAT  ARE  PART  OF A SEASON-LONG
PERFORMANCE SHALL BE TREATED AS A SINGLE EVENT FOR THE PURPOSES  OF  THE
REPORTING  REQUIREMENT  OF THIS SUBDIVISION. THE INFORMATION REQUIRED TO
BE REPORTED BY THIS SECTION SHALL BE CONSIDERED  PROPRIETARY  IN  NATURE
AND  SHALL  BE GOVERNED BY THE PROTECTIONS SET FORTH IN SUBDIVISION FIVE
OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW,  AND  SHALL  BE  USED
EXCLUSIVELY FOR ANALYTICAL PURPOSES BY THE CONSUMER PROTECTION BOARD.
  S  7.  Subdivision 1 of section 25.29 of the arts and cultural affairs
law, as amended by chapter 61 of the laws of 2007, is amended to read as
follows:
  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  indi-
rectly,  any  premium  or  price in excess of the established price plus
lawful  taxes  whether  designated  as  price,  gratuity  or  otherwise;
provided,  however:  (a)  nothing  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.
  S 8. Section 25.30 of the arts and cultural affairs law, as  added  by
chapter 61 of the laws of 2007, is amended to read as follows:
  S  25.30.  Operator  prohibitions. 1. A ticket is a license, issued by
the operator of a place of entertainment, for admission to the place  of
entertainment  at  the date and time specified on the ticket, subject to
the terms and conditions as specified by the  operator.  Notwithstanding
any  other  provision of law to the contrary, it shall be prohibited for
any  operator  of  a  place  of  entertainment,  [who  offers  for  sale
subscription or season ticket packages] OR OPERATOR'S AGENT, to:
  (A)  restrict by any means the resale of any tickets included in [the]
A subscription or season ticket package as a condition of purchase, as a
condition to retain such tickets for the duration of the subscription or
season ticket package  agreement,  or  as  a  condition  to  retain  any
contractually  agreed  upon  rights  to  purchase future subscription or
season ticket packages that are otherwise conferred in the  subscription
or season ticket agreement[. Furthermore, it shall be prohibited for any
operator of a place of entertainment to];
  (B) deny access to a ticket holder who possesses a resold subscription
or  season ticket to a performance based solely on the grounds that such
ticket has been resold[.]; OR
  (C) EMPLOY A FORM OF PAPERLESS TICKETING THAT IS NOT READILY TRANSFER-
ABLE TO ANOTHER CUSTOMER.
  2. Additionally, nothing in this article shall be construed to prohib-
it an operator of a place of entertainment from maintaining and  enforc-
ing  any policies regarding conduct or behavior at or in connection with
their venue.  FURTHER, NOTHING IN THIS ARTICLE  SHALL  BE  CONSTRUED  TO
PROHIBIT  AN  OPERATOR  OF  A PLACE OF ENTERTAINMENT, OR SUCH OPERATOR'S
AGENT, FROM RESTRICTING THE RESALE OF TICKETS  THAT  ARE  OFFERED  AT  A
PROMOTIONAL OR DISCOUNTED PRICE, FOR FREE, OR FOR PERSONS WITH DISABILI-
TIES.  An operator shall be permitted to revoke or restrict season tick-
ets for reasons relating to violations of venue policies, including  but
not  limited  to, attempts by two or more persons to gain admission to a

S. 6444--C                          5

single event with both the cancelled  tickets  originally  issued  to  a
season  ticket  holder  and  those tickets re-issued as part of a resale
transaction, and to the extent the operator may deem necessary  for  the
protection of the safety of patrons or to address fraud or misconduct.
  3. NO OPERATOR OR OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY
SECONDARY  TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR OR OPERA-
TOR'S AGENT.
  4. THE OPERATOR OR THE PROMOTER SHALL DETERMINE  WHETHER  A  SEAT  FOR
WHICH  A  TICKET  IS FOR SALE HAS AN OBSTRUCTED VIEW, AND SHALL DISCLOSE
SUCH OBSTRUCTION. IF THE OPERATOR OR PROMOTER DISCLOSES THAT A SEAT  FOR
WHICH  A  TICKET  IS  FOR  SALE  HAS AN OBSTRUCTED VIEW, IT SHALL BE THE
RESPONSIBILITY  OF  THE  SECONDARY  TICKET  RESELLER  TO  DISCLOSE  SUCH
OBSTRUCTION  UPON  THE RESALE OF SUCH TICKET. SUCH OBSTRUCTION SHALL NOT
INCLUDE AN OBSTRUCTION OF VIEW CAUSED BY A PERSON, OR PERSONS, SEATED IN
AN ADJACENT SEAT, OR SEATS, OR OCCUPYING AN AISLE; OR AN OBSTRUCTION  OF
VIEW  CAUSED  BY  AN  OBJECT  OR OBJECTS PLACED UPON AN ADJACENT SEAT OR
SEATS, OR IN AN AISLE; OR AN OBSTRUCTION OF VIEW THAT IS DE  MINIMUS  OR
TRANSITORY IN NATURE.
  S  9. Section 25.35 of the arts and cultural affairs law is amended by
adding a new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, WHEN THE FINES
INCLUDED IN THIS SECTION ARE IMPOSED ON A  FIRM,  CORPORATION  OR  OTHER
ENTITY  THAT  IS NOT A SINGLE PERSON, SUCH FINES MAY BE IMPOSED AT UP TO
TWO TIMES THE AMOUNT OTHERWISE  ALLOWED,  OR,  WHERE  APPLICABLE,  THREE
TIMES THE AMOUNT OF THE DEFENDANT'S GAIN.
  S  10.  The  arts  and cultural affairs law is amended by adding a new
section 25.24 to read as follows:
  S 25.24. AUTOMATED TICKET PURCHASING SOFTWARE. 1. THE TERM  "AUTOMATED
TICKET  PURCHASING  SOFTWARE"  SHALL MEAN, ANY MACHINE, DEVICE, COMPUTER
PROGRAM OR COMPUTER SOFTWARE THAT NAVIGATES OR RUNS AUTOMATED  TASKS  ON
RETAIL  TICKET  PURCHASING WEBSITES IN ORDER TO BYPASS SECURITY MEASURES
TO PURCHASE TICKETS.
  2.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO  UTILIZE  AUTOMATED  TICKET
PURCHASING SOFTWARE TO PURCHASE TICKETS.
  3. ANY PERSON WHO KNOWINGLY UTILIZES AUTOMATED TICKET PURCHASING SOFT-
WARE  IN  ORDER TO BYPASS SECURITY MEASURES TO PURCHASE TICKETS SHALL BE
SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO  LESS  THAN  FIVE  HUNDRED
DOLLARS  AND  NO  MORE THAN ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION
AND SHALL FORFEIT ALL PROFITS MADE FROM THE SALE OF ANY SUCH  UNLAWFULLY
OBTAINED TICKETS.
  4. ANY PERSON WHO INTENTIONALLY MAINTAINS ANY INTEREST IN OR MAINTAINS
ANY  CONTROL OF THE OPERATION OF AUTOMATED TICKET PURCHASING SOFTWARE TO
BYPASS SECURITY MEASURES TO PURCHASE TICKETS SHALL BE SUBJECT TO A CIVIL
PENALTY IN AN AMOUNT OF NO LESS THAN SEVEN HUNDRED FIFTY DOLLARS AND  NO
MORE  THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION AND
SHALL FORFEIT ALL PROFITS MADE FROM THE  SALE  OF  ANY  SUCH  UNLAWFULLY
OBTAINED TICKETS.
  5. ANY PERSON WHO IS SUBJECT TO A CIVIL PENALTY UNDER THIS SECTION AND
HAS  BEEN  ASSESSED  A  PENALTY  UNDER THIS SECTION IN THE PREVIOUS FIVE
YEARS SHALL BE GUILTY OF A VIOLATION AND MAY BE FINED NO LESS  THAN  ONE
THOUSAND  DOLLARS  AND  NO MORE THAN FIVE THOUSAND DOLLARS FOR EACH SUCH
VIOLATION AND SHALL FORFEIT ALL PROFITS FROM THE SALE OF ANY SUCH UNLAW-
FULLY OBTAINED TICKETS. IN ADDITION, A PERSON CONVICTED OF  A  VIOLATION
UNDER THIS SECTION MAY BE REQUIRED TO FORFEIT ANY AND ALL EQUIPMENT USED
IN THE UNLAWFUL PURCHASING OF TICKETS.

S. 6444--C                          6

  6.  THE  ATTORNEY  GENERAL  SHALL  HAVE  JURISDICTION  TO  ENFORCE THE
PROVISIONS OF THIS SECTION IN ACCORDANCE WITH THE POWERS GRANTED TO  HIM
OR HER BY SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  7.  IN  ADDITION TO THE POWER GIVEN TO THE ATTORNEY GENERAL TO ENFORCE
THE PROVISIONS OF THIS SECTION, ANY PLACE OF ENTERTAINMENT,  AS  DEFINED
BY  SECTION  23.03 OF THIS CHAPTER, OR ANY AGGRIEVED PARTY THAT HAS BEEN
INJURED BY WRONGFUL CONDUCT PRESCRIBED BY  THIS  SECTION  MAY  BRING  AN
ACTION TO RECOVER ALL ACTUAL DAMAGES SUFFERED AS A RESULT OF ANY OF SUCH
WRONGFUL  CONDUCT.  THE  COURT IN ITS DISCRETION MAY AWARD DAMAGES UP TO
THREE TIMES THE AMOUNT OF ACTUAL  DAMAGES.  THE  COURT  MAY  ENJOIN  THE
RESPONDENT  FROM ANY AND ALL ACTIVITY PROHIBITED UNDER THIS SECTION. THE
COURT MAY ALSO AWARD REASONABLE ATTORNEY'S FEES AND COSTS.  ANY  PENALTY
OR  RECOVERY  AUTHORIZED  BY  THIS  SECTION  MAY BE RECOVERED IN A CLASS
ACTION.
  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 15, 2011,  when  upon
such date such provisions shall expire and be deemed repealed.
  S 12.  This act shall take effect immediately; provided that:
  (a)  the  amendments to section 25.03 of the arts and cultural affairs
law, made by section one of this act, shall be subject to the expiration
and reversion of such section pursuant to section 4 of  chapter  704  of
the  laws  of  1991,  as  amended, when upon such date the provisions of
section two of this act shall take effect;
  (b) the amendments to section 25.15 of the arts and  cultural  affairs
law made by section four of this act shall not affect the expiration and
reversion of such section and shall expire and be deemed repealed there-
with;
  (c)  the  amendments to section 25.25 of the arts and cultural affairs
law, made by section six of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
  (d) the amendments to section 25.29 of the arts and  cultural  affairs
law,  made  by  section seven of this act shall not affect the repeal of
such section and shall be deemed repealed therewith;
  (e) the amendments to section 25.30 of the arts and  cultural  affairs
law,  made  by section eight of this act, shall not affect the repeal of
such section and shall be deemed repealed therewith;
  (f) the amendments to section 25.35 of the arts and  cultural  affairs
law,  made  by  section nine of this act, shall not affect the repeal of
such section and shall be deemed repealed therewith;
  (g) section 25.24 of the arts and cultural affairs law,  as  added  by
section  ten  of this act, shall survive the expiration and reversion of
article 25 of such law as provided in section 4 of chapter  704  of  the
laws of 1991, as amended; and
  (h)  the  amendments to section 25.30 of the arts and cultural affairs
law with respect to paperless ticketing, made by section eight  of  this
act,  shall not apply to any tickets sold prior to the effective date of
this act.

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Senate Bill S6444

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Mar 2, 2010 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Mar 2, 2010

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Senate Bill S6444

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Sponsored By

Craig M. Johnson

Archive: Last Bill Status - On Floor Calendar

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