NY State Senate Bill 2009-S7869

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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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May 18, 2010	referred to investigations and government operations

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2009-S7869 (ACTIVE) - Details

See Assembly Version of this Bill:: A11108
Current Committee:: Senate Investigations And Government Operations
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §§25.03, 25.11, 25.15, 25.25, 25.29, 25.30 & 25.35, add §25.24, Arts & Cul L; amd §4, Chap 704 of 1991

2009-S7869 (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-S7869 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7869

 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.

2009-S7869 (ACTIVE) - Bill Text download pdf

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

                                  7869

                            I N  S E N A T E

                              May 18, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON -- (at request of the Governor) -- 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 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
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

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

                                                           LBD12239-01-0

S. 7869                             2

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
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

S. 7869                             3

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
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

S. 7869                             4

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 THROUGH A TRANSACTION THAT IS INDEPENDENT OF
THE OPERATOR OR OPERATOR'S AGENT, UNLESS A PURCHASER IS GIVEN THE OPTION
AT THE TIME OF FIRST PUBLIC SALE TO PURCHASE THE  SAME  TICKETS  AT  THE
SAME  ESTABLISHED  PRICE  IN SOME OTHER FORM, INCLUDING, BUT NOT LIMITED
TO, PAPER TICKETS, THAT IS READILY TRANSFERABLE  THROUGH  A  TRANSACTION
THAT IS INDEPENDENT OF THE OPERATOR OR OPERATOR'S AGENT, PROVIDED HOWEV-
ER, THAT NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE OPERATOR OR OPERA-
TOR'S AGENT FROM IMPOSING A NOMINAL SURCHARGE ON PAPERLESS TICKETS.
  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 OF SIX  THOUSAND  SEATS
OR  LESS, OR SUCH OPERATOR'S AGENT, FROM RESTRICTING THE RESALE OF TICK-
ETS THAT ARE OFFERED AT A PROMOTIONAL OR DISCOUNTED PRICE, FOR FREE,  OR
FOR  PERSONS WITH DISABILITIES. An operator shall be permitted to revoke

S. 7869                             5

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  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

S. 7869                             6

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.
  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.

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Senate Bill S7869

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2009-S7869 (ACTIVE) - Details

2009-S7869 (ACTIVE) - Summary

2009-S7869 (ACTIVE) - Sponsor Memo

2009-S7869 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7869

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Sponsored By

Craig M. Johnson

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Liz Krueger

2009-S7869 (ACTIVE) - Details

2009-S7869 (ACTIVE) - Summary

2009-S7869 (ACTIVE) - Sponsor Memo

2009-S7869 (ACTIVE) - Bill Text download pdf

Comments