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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 04, 2012 |
referred to investigations and government operations |
| May 02, 2011 |
referred to investigations and government operations |
Senate Bill S5039
2011-2012 Legislative Session
Relates to resale of tickets to places of entertainment; repealer
download bill text pdfSponsored By
(D, WF) Senate District
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
Actions
2011-S5039 (ACTIVE) - Details
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Arts and Cultural Affairs Law
- Laws Affected:
- Rpld § & add Art 25 §§25.01 - 25.35, Arts & Cul L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S210
2015-2016: S192
2011-S5039 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5039
TITLE OF BILL:
An act to amend the arts and cultural affairs law, in relation to resale
of tickets to places of entertainment; and to repeal article 25 of such
law relating thereto
PURPOSE:
This bill would establish a maximum price for the resale of tickets to
places of entertainment, and make various other changes to the law
governing ticket sales.
SUMMARY OF PROVISIONS:
Section 1 of the bill would repeal Article 25 of the arts and cultural
affairs law and add a new Article 25.
Specifically, section 25.01 contains legislative findings.
Section 25.03 sets forth definitions.
Section 25.05 would make ticket speculation a misdemeanor.
Section 25.07 would require operators of places of entertainment to
print the established ticket price and maximum premium price on the face
of each ticket, and sets additional requirements on ticket resellers.
Section 25.09 would require every operator of a place of entertainment having a permanent seating capacity in excess of five thousand persons to print on each ticket, "This ticket may not be resold within one thousand five hundred feet from the physical structure of this place of entertainment under penalty of law." Section 25.11 would prohibit ticket reselling within a buffer zone. Section 25.13 would require the licensing of ticket resellers, and prohibit the reselling of any ticket during the first forty-eight hours after such ticket is first available for primary sale. Section 25.15 would require applicants for reseller licenses to file a bond with the secretary of state. Section 25,17 would grant the secretary of state power to investigate ticket resale practices. Section 25.19 would require the recipients of resell licenses to post the license in a conspicuous place at all times in the principal office of such business for which it is issued. Section 25.21 would require licensed resellers to notify the secretary of state in the event of an office relocation. Section 25.23 would require every such licensee under this article to post a price list showing the established price charged by the operator of the place of entertainment and the price being charged by such licensee for the resale of such ticket. Section 25.24 would make it unlawful for any person to utilize automated ticket purchasing software. Section 25.25 would require licensed resellers to keep full and accurate records of purchases and sales. Section 25.27 would make it unlawful for any licensee under this article to pay any commissions to employees of places of entertainment in connection with the resale of tickets. Section 25.29 would prohibit operators of entertainment venues from charging more than the established ticket price, plus taxes and reasonable service fees, and would give the attorney general concurrent jurisdiction with the district attorney. Section 25.30 would prohibit operators of entertainment venues from restricting the resale of any tickets included in a season ticket package as a condition of purchase; deny access to a ticket holder who possesses a resold subscription or season ticket to a performance based solely on the grounds that the ticket was resold; employ a form of paperless ticketing that is not readily transferable to another customer through a transaction independent of the operator, unless a purchaser is given the opportunity initially to purchase the tickets in some other form, including paper. This section would also prohibit operators from engaging in the ticket resale business and it would require ticket operators, promoters and resellers to disclose when seats offered by tickets would include an obstructed view. Section 25.31 would allow the department of state to deny or revoke a license granted under this article, and impose fines, provided that the licensee has an opportunity for a hearing. Section 25.33 would require the attorney general to establish a toll-free telephone number through the office of the attorney general's website in order to allow the public to make allegations of improper ticket acquisition, distribution, or sales practices and it would require the attorney general to investigate as appropriate all credible allegations. This section also confers a private right of action upon individuals allegedly injured as a result of violations of this article. Section 25.35 sets forth criminal penalties. Section 2 sets forth the effective date. JUSTIFICATION: This legislation would enact several new provisions to protect consumers: * A price cap of 205,i over the established primary market price would be set for those tickets resold on the secondary market. For both primary and secondary ticket sales, unrestricted resale creates upward pressure on pricing and greater potential for market manipulation; a 20% price cap would help in addressing this problem. * This legislation would 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 transferable tickets in another form. * Further limits would be placed on operators by preventing them, or any of their agents, from engaging in the business of ticket resale on the secondary market. * This bill would require secondary sellers to clearly identify themselves on their website to prevent confusing and deceptive tactics such as unannounced website "pass-throughs." The legislation would provide for a new reporting requirement for both primary and secondary ticket sellers 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. * The Attorney General's office would assume enforcement and regulation of the ticket resale industry through the creation of a toll free hotline to allow consumers to report instances of abuse and deception. * For stronger deterrence, criminal penalties will be strengthened by doubling the fines currently established in Section 25.35 of the Arts and Cultural Affairs Law. * The consumer would be given priority in this legislation through the establishment of a short "cooling off' period after the initial release of tickets to the public during which the secondary market will be prohibited from selling tickets. This will guarantee the public an opportunity to purchase tickets without interference from the secondary market. * The bill would 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. * The bill would make permanent ACAL § 25.11, which relates to ticket office buffer zones. LEGISLATIVE HISTORY: This is a new bill in the Senate. FISCAL IMPACT ON THE STATE: None. EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on and after May 16, 2011.
2011-S5039 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5039
2011-2012 Regular Sessions
I N S E N A T E
May 2, 2011
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the arts and cultural affairs law, in relation to resale
of tickets to places of entertainment; and to repeal article 25 of
such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 25 of the arts and cultural affairs law is REPEALED
and a new article 25 is added to read as follows:
ARTICLE 25
TICKETS TO PLACES OF ENTERTAINMENT
SECTION 25.01. LEGISLATIVE FINDINGS.
25.03. DEFINITIONS.
25.05. TICKET SPECULATORS.
25.07. TICKET PRICES.
25.09. ADDITIONAL PRINTING ON TICKETS.
25.11. RESALES OF TICKETS WITHIN BUFFER ZONE.
25.13. LICENSING OF TICKET RESELLERS.
25.15. BOND.
25.17. SUPERVISION AND REGULATION.
25.19. POSTING OF LICENSE OR CERTIFICATE.
25.21. CHANGE OF OFFICE LOCATION.
25.23. POSTING OF PRICE LISTS; INFORMATION TO PURCHASER.
25.24. AUTOMATED TICKET PURCHASING SOFTWARE.
25.25. RECORDS OF PURCHASES AND SALES.
25.27. COMMISSIONS TO EMPLOYEES OF PLACES OF ENTERTAINMENT.
25.29. UNLAWFUL CHARGES IN CONNECTION WITH TICKETS.
25.30. OPERATOR PROHIBITIONS.
25.31. SUSPENSION OR REVOCATION OF LICENSES.
25.33. ENFORCEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07493-02-1
S. 5039 2
25.35. CRIMINAL PENALTIES.
S 25.01. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DECLARES THAT
TRANSACTIONS INVOLVING TICKETS FOR ADMISSION TO PLACES OF ENTERTAINMENT
ARE A MATTER OF PUBLIC INTEREST AND SUBJECT TO THE SUPERVISION OF NEW
YORK AND THE APPROPRIATE POLITICAL SUBDIVISIONS OF THE STATE FOR THE
PURPOSE OF SAFEGUARDING THE PUBLIC AGAINST FRAUD, EXTORTION, AND SIMILAR
ABUSES.
THE LEGISLATURE FURTHER FINDS THAT MANY TICKET RESELLERS ADVERTISE AND
SELL TICKETS TO PLACES OF ENTERTAINMENT WITHIN THE BOUNDARIES OF NEW
YORK STATE OFTEN FROM LOCATIONS OUTSIDE THE STATE, WITHOUT ADHERING TO
THE PROVISIONS OF THIS ARTICLE. THE LEGISLATURE OBJECTS TO ANY CLAIM
THAT BUSINESSES DOMICILED OUTSIDE NEW YORK STATE ARE EXEMPTED FROM THIS
STATUTE WHEN SELLING TICKETS TO EVENTS OCCURRING IN NEW YORK STATE,
REGARDLESS OF THE TERRITORIES OF ORIGIN OF BOTH THE BUYER AND SELLER. IT
IS THE LEGISLATURE'S INTENT THAT ALL GOVERNMENTAL BODIES CHARGED WITH
ENFORCEMENT OF THIS ARTICLE, INCLUDING THE ATTORNEY GENERAL OF NEW YORK
STATE HAVE THE AUTHORITY TO REGULATE THE ACTIVITIES OF ALL PERSONS
RESELLING TICKETS TO VENUES LOCATED WITHIN THIS STATE TO THE FULL EXTENT
OF THE STATE'S POWERS UNDER THE FEDERAL AND STATE CONSTITUTIONS AND THAT
THIS ARTICLE BE CONSTRUED IN LIGHT OF THIS PURPOSE.
S 25.03. DEFINITIONS. AS USED IN THIS ARTICLE THE TERM:
1. "ENTERTAINMENT" MEANS ALL FORMS OF ENTERTAINMENT INCLUDING, BUT NOT
LIMITED TO, THEATRICAL OR OPERATIC PERFORMANCES, CONCERTS, MOTION
PICTURES, ALL FORMS OF ENTERTAINMENT AT FAIR GROUNDS, AMUSEMENT PARKS
AND ALL TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOTBALL, BASKETBALL,
BASEBALL, BOXING, TENNIS, HOCKEY, AND ANY OTHER SPORT, AND ALL OTHER
FORMS OF DIVERSION, RECREATION OR SHOW.
2. "ESTABLISHED PRICE" MEANS THE PRICE FIXED AT THE TIME OF SALE BY
THE OPERATOR OF ANY PLACE OF ENTERTAINMENT FOR ADMISSION THERETO, WHICH
MUST BE PRINTED OR ENDORSED ON EACH TICKET OF ADMISSION.
3. "MAXIMUM PREMIUM PRICE" MEANS ANY PREMIUM OR PRICE IN EXCESS OF THE
ESTABLISHED PRICE PRINTED OR ENDORSED ON THE TICKET PURSUANT TO SECTION
25.07 OF THIS ARTICLE, PLUS LAWFUL TAXES, SO THAT THE ULTIMATE PRICE OF
THE PURCHASE OF ANY SUCH TICKET TO A PLACE OF ENTERTAINMENT SHALL NOT
EXCEED THE SUM OF THE ESTABLISHED PRICE PLUS TWENTY PERCENT OF THE
ESTABLISHED PRICE.
4. "NOT-FOR-PROFIT ORGANIZATION" MEANS A DOMESTIC CORPORATION INCORPO-
RATED PURSUANT TO OR OTHERWISE SUBJECT TO THE NOT-FOR-PROFIT CORPORATION
LAW, A CHARITABLE ORGANIZATION REGISTERED WITH THE DEPARTMENT OF LAW, A
RELIGIOUS CORPORATION AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL
CONSTRUCTION LAW, A TRUSTEE AS DEFINED IN SECTION 8-1.4 OF THE ESTATES,
POWERS AND TRUSTS LAW, AN INSTITUTION OR CORPORATION FORMED PURSUANT TO
THE EDUCATION LAW, A SPECIAL ACT CORPORATION CREATED PURSUANT TO CHAPTER
FOUR HUNDRED SIXTY-EIGHT OF THE LAWS OF EIGHTEEN HUNDRED NINETY-NINE, AS
AMENDED, A SPECIAL ACT CORPORATION FORMED PURSUANT TO CHAPTER TWO
HUNDRED FIFTY-SIX OF THE LAWS OF NINETEEN HUNDRED SEVENTEEN, AS AMENDED,
A CORPORATION AUTHORIZED PURSUANT TO AN ACT OF CONGRESS APPROVED JANUARY
FIFTH, NINETEEN HUNDRED FIVE, (33 STAT. 599), AS AMENDED, A CORPORATION
ESTABLISHED BY MERGER OF CHARITABLE ORGANIZATIONS PURSUANT TO AN ORDER
OF THE SUPREME COURT, NEW YORK COUNTY DATED JULY TWENTY-FIRST, NINETEEN
HUNDRED EIGHTY-SIX AND FILED IN THE DEPARTMENT OF STATE ON JULY TWENTY-
NINTH, NINETEEN HUNDRED EIGHTY-SIX, OR A CORPORATION HAVING TAX EXEMPT
STATUS UNDER SECTION 501 (C) (3) OF THE UNITED STATES INTERNAL REVENUE
CODE, AND SHALL FURTHER BE DEEMED TO MEAN AND INCLUDE ANY FEDERATION OF
CHARITABLE ORGANIZATIONS.
S. 5039 3
5. "OPERATOR" MEANS ANY PERSON WHO OWNS, OPERATES, OR CONTROLS A PLACE
OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT.
6. "PLACE OF ENTERTAINMENT" MEANS ANY PRIVATELY OR PUBLICLY OWNED AND
OPERATED ENTERTAINMENT FACILITY SUCH AS A THEATRE, STADIUM, ARENA, RACE-
TRACK, MUSEUM, AMUSEMENT PARK, OR OTHER PLACE WHERE PERFORMANCES,
CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS ARE HELD FOR WHICH AN
ENTRY FEE IS CHARGED.
7. "PHYSICAL STRUCTURE" MEANS THE PLACE OF ENTERTAINMENT, OR IN THE
CASE WHERE A STRUCTURE EITHER PARTIALLY OR WHOLLY SURROUNDS THE PLACE OF
ENTERTAINMENT, SUCH SURROUNDING STRUCTURE.
8. "RESALE" MEANS ANY SALE OF A TICKET FOR ENTRANCE TO A PLACE OF
ENTERTAINMENT LOCATED WITHIN THE BOUNDARIES OF THE STATE OF NEW YORK
OTHER THAN A SALE BY THE OPERATOR OR THE OPERATOR'S AGENT WHO IS
EXPRESSLY AUTHORIZED TO MAKE FIRST SALES OF SUCH TICKETS. RESALE SHALL
INCLUDE SALES BY ANY MEANS, INCLUDING IN PERSON, OR BY MEANS OF TELE-
PHONE, MAIL, DELIVERY SERVICE, FACSIMILE, INTERNET, EMAIL OR OTHER ELEC-
TRONIC MEANS, WHERE THE VENUE FOR WHICH THE TICKET GRANTS ADMISSION IS
LOCATED IN NEW YORK STATE. EXCEPT AS PROVIDED IN SECTIONS 25.11 AND
25.27 OF THIS ARTICLE, THE TERM "RESALE" SHALL NOT APPLY TO ANY PERSON,
FIRM OR CORPORATION WHICH PURCHASES ANY TICKETS SOLELY FOR THEIR OWN USE
OR THE USE OF THEIR INVITEES, EMPLOYEES AND AGENTS OR WHICH PURCHASES
TICKETS ON BEHALF OF OTHERS AND RESELLS SUCH TICKETS TO SUCH INVITEES,
EMPLOYEES AND AGENTS OR OTHERS AT OR LESS THAN THE ESTABLISHED PRICE.
SIMILARLY, THE TERM "RESALE" SHALL NOT APPLY TO ANY NOT-FOR-PROFIT
ORGANIZATION, OR PERSON ACTING ON BEHALF OF SUCH NOT-FOR-PROFIT ORGAN-
IZATION, AS LONG AS ANY PROFIT REALIZED FROM TICKET RESELLING IS WHOLLY
DEDICATED TO THE PURPOSES OF SUCH NOT-FOR-PROFIT ORGANIZATION.
9. "TICKET" MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY PLACE OF
ENTERTAINMENT.
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 25.05. TICKET SPECULATORS. ANY PERSON WHO:
1. CONDUCTS ON OR IN ANY STREET IN A CITY OR IN THE COUNTY OF NASSAU
THE BUSINESS OF SELLING OR OFFERING FOR SALE ANY TICKET OF ADMISSION OR
ANY OTHER EVIDENCE OF THE RIGHT OF ENTRY TO ANY PERFORMANCE OR EXHIBI-
TION IN OR ABOUT THE PREMISES OF ANY THEATRE OR CONCERT HALL, PLACE OF
PUBLIC AMUSEMENT, CIRCUS OR COMMON SHOW; OR
2. SOLICITS ON OR IN ANY STREET IN A CITY OR IN THE COUNTY OF NASSAU
BY WORDS, SIGNS, CIRCULARS OR OTHER MEANS ANY PERSON TO PURCHASE ANY
SUCH TICKET OR OTHER EVIDENCE OF THE RIGHT OF ENTRY; OR
3. IN OR FROM ANY BUILDING, STORE, SHOP, BOOTH, YARD, GARDEN OR IN OR
FROM ANY OPENING, WINDOW, DOOR, HALLWAY, CORRIDOR OR IN OR FROM ANY
PLACE OF INGRESS OR EGRESS TO OR FROM ANY BUILDING, PLACE OF BUSINESS,
STORE, SHOP, BOOTH, YARD OR GARDEN IN A CITY OR IN THE COUNTY OF NASSAU
INDICATES, HOLDS OUT OR OFFERS FOR SALE TO ANY PERSON OR PERSONS ON OR
IN THE STREET BY WORD OF MOUTH, CRYING, CALLING, SHOUTING OR OTHER MEANS
THAT SUCH TICKET OR OTHER EVIDENCE OF THE RIGHT OF ENTRY MAY BE
PURCHASED IN SUCH BUILDING, STORE, SHOP, BOOTH, YARD, GARDEN OR ANY
OTHER PLACE; OR
4. IN OR FROM ANY SUCH PLACE OR PLACES IN A CITY OR IN THE COUNTY OF
NASSAU SOLICITS BY WORD OF MOUTH, CRYING, CALLING, SHOUTING OR OTHER
MEANS ANY PERSON ON OR IN THE STREET TO PURCHASE ANY SUCH TICKET OR
OTHER EVIDENCE OF THE RIGHT OF ENTRY, IS GUILTY OF A MISDEMEANOR.
S 25.07. TICKET PRICES. 1. EVERY OPERATOR OF A PLACE OF ENTERTAINMENT
SHALL, IF A PRICE BE CHARGED FOR ADMISSION THERETO, PRINT OR ENDORSE ON
S. 5039 4
THE FACE OF EACH SUCH TICKET THE ESTABLISHED PRICE. SUCH OPERATOR SHALL
LIKEWISE BE REQUIRED TO PRINT OR ENDORSE ON EACH TICKET THE MAXIMUM
PREMIUM PRICE AT WHICH SUCH TICKET OR OTHER EVIDENCE OF THE RIGHT OF
ENTRY MAY BE RESOLD OR OFFERED FOR RESALE. IT SHALL BE UNLAWFUL FOR ANY
PERSON, FIRM OR CORPORATION TO RESELL OR OFFER TO RESELL ANY TICKET TO
ANY PLACE OF ENTERTAINMENT FOR MORE THAN THE MAXIMUM PREMIUM PRICE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY PERSON, FIRM OR
CORPORATION, REGARDLESS OF WHETHER OR NOT LICENSED UNDER THIS ARTICLE,
THAT RESELLS TICKETS OR FACILITATES THE RESALE OR RESALE AUCTION OF
TICKETS BETWEEN INDEPENDENT PARTIES BY ANY MEANS, MUST GUARANTEE TO EACH
PURCHASER OF SUCH RESOLD TICKETS THAT THE PERSON, FIRM OR CORPORATION
WILL PROVIDE A FULL REFUND OF THE AMOUNT PAID BY THE PURCHASER (INCLUD-
ING, BUT NOT LIMITED TO, ALL FEES, REGARDLESS OF HOW CHARACTERIZED) IF
ANY OF THE FOLLOWING OCCURS: (A) THE EVENT FOR WHICH SUCH TICKET HAS
BEEN RESOLD IS CANCELLED, PROVIDED THAT IF THE EVENT IS CANCELLED THEN
ACTUAL HANDLING AND DELIVERY FEES NEED NOT BE REFUNDED AS LONG AS SUCH
PREVIOUSLY DISCLOSED GUARANTEE SPECIFIES THAT SUCH FEES WILL NOT BE
REFUNDED; (B) THE TICKET RECEIVED BY THE PURCHASER DOES NOT GRANT THE
PURCHASER ADMISSION TO THE EVENT DESCRIBED ON THE TICKET, FOR REASONS
THAT MAY INCLUDE, WITHOUT LIMITATION, THAT THE TICKET IS COUNTERFEIT OR
THAT THE TICKET HAS BEEN CANCELLED BY THE ISSUER DUE TO NON-PAYMENT, OR
THAT THE EVENT DESCRIBED ON THE TICKET WAS CANCELLED FOR ANY REASON
PRIOR TO PURCHASE OF THE RESOLD TICKET, UNLESS THE TICKET IS CANCELLED
DUE TO AN ACT OR OMISSION BY SUCH PURCHASER; OR (C) THE TICKET FAILS TO
CONFORM TO ITS DESCRIPTION AS ADVERTISED UNLESS THE BUYER HAS PRE-AP-
PROVED A SUBSTITUTION OF TICKETS.
3. PRIOR TO THE PAYMENT OF A REFUND IT SHALL BE THE OBLIGATION OF THE
SELLER AND PURCHASER TO FIRST MAKE A GOOD FAITH EFFORT TO REMEDY ANY
DISPUTES WHERE THE SELLER AND PURCHASER HAVE AGREED TO TERMS ESTABLISHED
BY THE LICENSEE OR WEBSITE MANAGER FOR THE DISPOSITION OF DISPUTES AS A
CONDITION TO FACILITATE THE TRANSACTION.
S 25.09. ADDITIONAL PRINTING ON TICKETS. EVERY OPERATOR OF A PLACE OF
ENTERTAINMENT HAVING A PERMANENT SEATING CAPACITY IN EXCESS OF FIVE
THOUSAND PERSONS SHALL, IF A PRICE BE CHARGED FOR ADMISSION THERETO,
PRINT OR ENDORSE IN A CLEAR AND LEGIBLE MANNER ON EACH TICKET, "THIS
TICKET MAY NOT BE RESOLD WITHIN ONE THOUSAND FIVE HUNDRED FEET FROM THE
PHYSICAL STRUCTURE OF THIS PLACE OF ENTERTAINMENT UNDER PENALTY OF LAW".
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
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
S. 5039 5
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.
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 25.13. LICENSING OF TICKET RESELLERS. 1. NO PERSON, FIRM OR CORPO-
RATION SHALL RESELL OR ENGAGE IN THE BUSINESS OF RESELLING ANY TICKETS
TO A PLACE OF ENTERTAINMENT OR OPERATE AN INTERNET WEBSITE OR ANY OTHER
ELECTRONIC SERVICE THAT PROVIDES A MECHANISM FOR TWO OR MORE PARTIES TO
PARTICIPATE IN A RESALE TRANSACTION OR THAT FACILITATES RESALE TRANS-
ACTIONS BY THE MEANS OF AN AUCTION, OR OWN, CONDUCT OR MAINTAIN ANY
OFFICE, BRANCH OFFICE, BUREAU, AGENCY OR SUB-AGENCY FOR SUCH BUSINESS
WITHOUT HAVING FIRST PROCURED A LICENSE OR CERTIFICATE FOR EACH LOCATION
AT WHICH BUSINESS WILL BE CONDUCTED FROM THE SECRETARY OF STATE. ANY
OPERATOR OR MANAGER OF A WEBSITE THAT SERVES AS A PLATFORM TO FACILITATE
RESALE, OR RESALE BY WAY OF A COMPETITIVE BIDDING PROCESS, SOLELY
BETWEEN THIRD PARTIES AND DOES NOT IN ANY OTHER MANNER ENGAGE IN RESALES
OF TICKETS TO PLACES OF ENTERTAINMENT SHALL BE EXEMPT FROM THE LICENSING
REQUIREMENTS OF THIS SECTION. THE DEPARTMENT OF STATE SHALL ISSUE AND
DELIVER TO SUCH APPLICANT A CERTIFICATE OR LICENSE TO CONDUCT SUCH BUSI-
NESS AND TO OWN, CONDUCT OR MAINTAIN A BUREAU, AGENCY, SUB-AGENCY,
OFFICE OR BRANCH OFFICE FOR THE CONDUCT OF SUCH BUSINESS ON THE PREMISES
STATED IN SUCH APPLICATION UPON THE PAYMENT BY OR ON BEHALF OF THE
APPLICANT OF A FEE OF FIVE THOUSAND DOLLARS AND SHALL BE RENEWED UPON
THE PAYMENT OF A LIKE FEE ANNUALLY. SUCH LICENSE OR CERTIFICATE SHALL
NOT BE TRANSFERRED OR ASSIGNED, EXCEPT BY PERMISSION OF THE SECRETARY OF
STATE. SUCH LICENSE OR CERTIFICATE SHALL RUN TO THE FIRST DAY OF JANUARY
NEXT ENSUING THE DATE THEREOF, UNLESS SOONER REVOKED BY THE SECRETARY OF
STATE. SUCH LICENSE OR CERTIFICATE SHALL BE GRANTED UPON A WRITTEN
APPLICATION SETTING FORTH SUCH INFORMATION AS THE SECRETARY OF STATE MAY
REQUIRE IN ORDER TO ENABLE HIM OR HER TO CARRY INTO EFFECT THE
PROVISIONS OF THIS ARTICLE AND SHALL BE ACCOMPANIED BY PROOF SATISFAC-
TORY TO THE SECRETARY OF STATE OF THE MORAL CHARACTER OF THE APPLICANT.
2. NO OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY SECONDARY
TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR'S AGENT.
2-A. NO TICKET SELLER SHALL RESELL ANY TICKET DURING THE FIRST FORTY-
EIGHT HOURS AFTER SUCH TICKET IS FIRST AVAILABLE FOR PRIMARY SALE;
PROVIDED THAT SUCH RESTRICTION SHALL NOT APPLY WITH RESPECT TO SEASON
TICKETS OR BUNDLED SERIES TICKETS. NO TICKET SELLER SHALL SELL OR RESELL
ANY TICKET THAT SUCH SELLER DOES NOT OWN AT THE TIME OF THE OFFER OR
SALE. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO VENUES
CONTAINING LESS THAN SIX THOUSAND SEATS.
3. 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. EVERY SALE OR RESALE OF SUCH TICKET SHALL INCLUDE A
DISCLOSURE OF SUCH OBSTRUCTED VIEW.
4. IF ANY LICENSEE UNDER THIS SECTION DEMONSTRATES THAT THEIR BUSINESS
PROVIDES A SERVICE TO FACILITATE TICKET TRANSACTIONS WITHOUT CHARGING
ANY FEES, SURCHARGES OR SERVICE CHARGES ABOVE THE ESTABLISHED PRICE, ON
EVERY TRANSACTION, EXCEPT A REASONABLE AND ACTUAL CHARGE FOR THE DELIV-
ERY OF TICKETS, THEN THE FEES FOR LICENSING UNDER THIS SECTION SHALL BE
WAIVED.
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
S. 5039 6
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. 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 RECOV-
ERIES OR PAYMENTS SHALL NOT EXCEED THE PENAL SUM THEREOF. BEFORE THE
SECRETARY SHALL DRAW UPON SUCH BOND, THE SECRETARY SHALL ISSUE A DETER-
MINATION 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 DETERMI-
NATION TO THE LICENSEE. SUCH WRITTEN NOTICE MAY BE SERVED BY DELIVERY
THEREOF PERSONALLY TO THE LICENSEE, OR BY CERTIFIED MAIL TO THE LAST
KNOWN BUSINESS 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 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 25.17. SUPERVISION AND REGULATION. THE SECRETARY OF STATE SHALL HAVE
POWER, UPON COMPLAINT OF ANY PERSON OR ON HIS OR HER OWN INITIATIVE, TO
INVESTIGATE THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS OF ANY
SUCH LICENSEE WHICH RELATES TO THIS STATE'S OR ANY OTHER STATE'S TICKET
RESALE LAW, OR IN REGARDS TO TICKET RESALE PRACTICES GENERALLY. EACH
SUCH LICENSEE SHALL BE OBLIGED, ON THE REASONABLE REQUEST OF THE SECRE-
TARY OF STATE, TO SUPPLY SUCH INFORMATION AS MAY BE REQUIRED CONCERNING
HIS OR HER BUSINESS, BUSINESS PRACTICES OR BUSINESS METHODS PROVIDED
THAT THE INFORMATION REQUESTED IS RELATED TO THE COMPLAINT WHICH FORMS
THE BASIS OF SUCH INVESTIGATION. EACH OPERATOR OF ANY PLACE OF ENTER-
TAINMENT SHALL ALSO BE OBLIGED, ON REQUEST OF THE SECRETARY OF STATE, TO
SUPPLY SUCH INFORMATION AS MAY BE REQUIRED CONCERNING THE BUSINESS,
BUSINESS PRACTICES OR BUSINESS METHODS OF ANY LICENSEE PROVIDED THAT THE
INFORMATION REQUESTED IS RELATED TO THE COMPLAINT WHICH FORMS THE BASIS
OF SUCH INVESTIGATION. THE SECRETARY OF STATE SHALL HAVE THE POWER TO
PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE
ENFORCEMENT OF THIS ARTICLE.
S. 5039 7
S 25.19. POSTING OF LICENSE OR CERTIFICATE. IMMEDIATELY UPON THE
RECEIPT OF THE LICENSE OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE BY
THE SECRETARY OF STATE, THE LICENSEE NAMED THEREIN SHALL CAUSE SUCH
LICENSE TO BE POSTED AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE
IN THE PRINCIPAL OFFICE OF SUCH BUSINESS FOR WHICH IT IS ISSUED, AND
SHALL CAUSE THE CERTIFICATE FOR EACH BRANCH OFFICE, BUREAU, AGENCY OR
SUB-AGENCY TO BE POSTED AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS
PLACE IN SUCH BRANCH OFFICE, BUREAU, AGENCY OR SUB-AGENCY FOR WHICH IT
IS ISSUED, SO THAT ALL PERSONS VISITING SUCH PRINCIPAL OFFICE, BRANCH
OFFICE, BUREAU, AGENCY OR SUB-AGENCY MAY READILY SEE THE SAME, AND IF
SUCH LICENSEE DOES BUSINESS ON THE INTERNET, TO PROVIDE A HYPERLINK
DISPLAYED IN A CONSPICUOUS MANNER TO A SCANNED COPY OF SUCH LICENSE.
SUCH LICENSE OR CERTIFICATE SHALL AT ALL REASONABLE TIMES BE SUBJECT TO
INSPECTION BY THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED INSPEC-
TORS. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP OR CORPO-
RATION HOLDING SUCH LICENSE OR CERTIFICATE TO POST SUCH LICENSE OR
CERTIFICATE OR TO PERMIT SUCH CERTIFICATE TO BE POSTED UPON PREMISES
OTHER THAN THOSE DESCRIBED THEREIN OR TO WHICH IT HAS BEEN TRANSFERRED
PURSUANT TO THE PROVISIONS OF THIS ARTICLE OR UNLAWFULLY TO ALTER,
DEFACE OR DESTROY ANY SUCH LICENSE OR CERTIFICATE.
S 25.21. CHANGE OF OFFICE LOCATION. IN THE EVENT OF A CHANGE IN THE
LOCATION OF THE PREMISES COVERED BY LICENSE OR CERTIFICATE ISSUED UNDER
THIS ARTICLE, THE DEPARTMENT OF STATE SHALL BE DULY NOTIFIED IN WRITING
OF SUCH CHANGE WITHIN TWENTY-FOUR HOURS THEREAFTER. THE SECRETARY OF
STATE SHALL CAUSE TO BE WRITTEN OR STAMPED ACROSS THE FACE OF SUCH
LICENSE OR CERTIFICATE A STATEMENT TO THE EFFECT THAT THE HOLDER OF SUCH
LICENSE HAS REMOVED ON THE DATE STATED IN SUCH WRITTEN NOTICE SUCH PRIN-
CIPAL OFFICE, BRANCH OFFICE, BUREAU, AGENCY OR SUB-AGENCY FROM THE PLACE
ORIGINALLY DESCRIBED IN SUCH LICENSE OR CERTIFICATE TO THE PLACE
DESCRIBED IN SUCH WRITTEN NOTICE, AND SUCH LICENSE OR CERTIFICATE WITH
THE ENDORSEMENT THEREON SHALL BE RETURNED TO THE LICENSEE NAMED THEREIN.
NO TICKETS SHALL BE SOLD AT ANY PLACE OTHER THAN PLACES FOR WHICH A
LICENSE OR CERTIFICATE PROVIDED FOR BY THIS ARTICLE HAS BEEN ISSUED AND
POSTED.
S 25.23. POSTING OF PRICE LISTS; INFORMATION TO PURCHASER. 1. IN
EVERY PRINCIPAL OFFICE OR BRANCH OFFICE, BUREAU, AGENCY OR SUB-AGENCY OF
ANY LICENSEE UNDER THIS ARTICLE, THERE SHALL BE CONSPICUOUSLY POSTED AND
AT ALL TIMES DISPLAYED A PRICE LIST SHOWING THE ESTABLISHED PRICE
CHARGED BY THE OPERATOR OF THE PLACE OF ENTERTAINMENT FOR WHICH A TICKET
IS BEING SOLD BY SUCH LICENSEE, TOGETHER WITH THE PRICE BEING CHARGED BY
SUCH LICENSEE FOR THE RESALE OF SUCH TICKET, SO THAT ALL PERSONS VISIT-
ING SUCH PLACE MAY READILY SEE THE SAME. THE LICENSEE SHALL ALSO ON
REQUEST FURNISH EACH PURCHASER OF A TICKET WITH A RECEIPT SHOWING THE
SAME INFORMATION. FURTHER, IF THE LICENSEE CONDUCTS BUSINESS THROUGH THE
USE OF THE INTERNET, THE SAME PRICE LIST, OR HYPERLINK TO THE SAME,
SHALL BE CONSPICUOUSLY DISPLAYED ON THE INTERNET PAGE ON WHICH TICKETS
ARE ACCESSED. IN ADDITION THE LICENSEE SHALL PUBLISH IN A CONSPICUOUS
PLACE, OR HYPERLINK TO ON THE INTERNET A STATEMENT CLEARLY DETAILING THE
REQUIRED GUARANTEES REQUIRED BY SECTION 25.07 OF THIS ARTICLE.
2. (A) AN ONLINE RESALE MARKETPLACE SHALL POST A CLEAR AND CONSPICUOUS
NOTICE ON THE WEBSITE OF SUCH ONLINE RESALE MARKETPLACE THAT THE WEBSITE
IS FOR THE SECONDARY SALE OF TICKETS AND SHALL REQUIRE THAT THE USER
CONFIRM HAVING READ SUCH NOTICE BEFORE STARTING ANY TRANSACTION. NO
OPERATOR OR ITS AGENT SHALL TRANSFER A PROSPECTIVE TICKET PURCHASER
THROUGH ANY MEANS TO A SECONDARY SELLER WITHOUT PROVIDING A CLEAR AND
CONSPICUOUS DISCLOSURE APPROPRIATE FOR THE SELLING PLATFORM THAT INFORMS
S. 5039 8
THE PROSPECTIVE PURCHASER THAT THE TICKET OFFERED IS IN THE SECONDARY
MARKET.
(B) NO OPERATOR OR OPERATOR'S AGENT OR ANY PERSON WHO IS EMPLOYED BY
SUCH OPERATOR OR OPERATOR'S AGENT SHALL RESELL OR ENGAGE IN THE BUSINESS
OF RESELLING ANY TICKETS OF ADMISSION OR ANY OTHER EVIDENCE OF THE RIGHT
OF ENTRY TO A THEATRE, PLACE OF AMUSEMENT OR ENTERTAINMENT, OR OTHER
PLACES WHERE PUBLIC EXHIBITIONS, GAMES, CONTESTS OR PERFORMANCES ARE
HELD. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO DONATIONS MADE
BY THE OPERATOR OR OPERATOR'S AGENT, WHEN THERE IS NO COMPENSATION
PROVIDED, TO INDIVIDUALS OR CHARITABLE ORGANIZATIONS WHERE THE TICKETS
ARE FOR PERSONAL USE OR CHARITABLE PURPOSES.
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.
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 25.25. RECORDS OF PURCHASES AND SALES. 1. EVERY LICENSEE SHALL AT
ALL TIMES KEEP FULL AND ACCURATE SETS OF RECORDS SHOWING: (A) THE PRICES
AT WHICH ALL TICKETS HAVE BEEN BOUGHT AND SOLD BY SUCH LICENSEE; AND (B)
S. 5039 9
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 DEPARTMENT OF STATE 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.
3. EVERY OPERATOR OF A PLACE OF ENTERTAINMENT SHALL MAKE PUBLIC THE
PERCENTAGE OF TICKETS TO A PLACE OF ENTERTAINMENT THAT WILL BE MADE
AVAILABLE TO THE PUBLIC. AT THE TIME OF THE INITIAL SALE OF TICKETS, THE
OPERATOR SHALL MAKE PUBLIC THE TOTAL NUMBER AND LOCATIONS OF TICKETS,
AND THE PERCENTAGE OF TICKETS SOLD AT SUCH INITIAL PUBLIC SALE.
S 25.27. COMMISSIONS TO EMPLOYEES OF PLACES OF ENTERTAINMENT. NO
LICENSEE, OTHER PERSON OR ENTITY, WHETHER OR NOT DOMICILED, LICENSED OR
REGISTERED WITHIN THE STATE, SHALL PAY TO ANY OFFICER OR EMPLOYEE OF ANY
PLACE OF ENTERTAINMENT, ANY COMMISSION, GRATUITY OR BONUS IN CONNECTION
WITH THE SALE, DELIVERY OR PAYMENT OF TICKETS OR IN CONNECTION WITH THE
BUSINESS BEING DONE BY SUCH LICENSEE, OTHER PERSON OR ENTITY, WHETHER OR
NOT DOMICILED, LICENSED OR REGISTERED WITHIN THE STATE, IN TICKETS OF
ADMISSION TO SUCH PLACE.
S 25.29. UNLAWFUL CHARGES IN CONNECTION WITH TICKETS. 1. NO OPERATOR
OF ANY PLACE OF ENTERTAINMENT, OR HIS OR HER AGENT, REPRESENTATIVE,
EMPLOYEE OR LICENSEE SHALL, IF A PRICE BE CHARGED FOR ADMISSION THERETO,
EXACT, DEMAND, ACCEPT OR RECEIVE, DIRECTLY OR INDIRECTLY, ANY PREMIUM OR
PRICE IN EXCESS OF THE ESTABLISHED PRICE PLUS LAWFUL TAXES WHETHER
DESIGNATED AS PRICE, GRATUITY OR OTHERWISE; PROVIDED, HOWEVER: (A) NOTH-
ING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT A REASONABLE SERVICE
CHARGE BY THE OPERATOR OR AGENTS OF THE OPERATOR FOR SPECIAL SERVICES,
INCLUDING BUT NOT LIMITED TO, SALES AWAY FROM THE BOX OFFICE, CREDIT
CARD SALES OR DELIVERY; AND (B) NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO PROHIBIT AN OPERATOR OR ITS AGENT FROM OFFERING FOR INITIAL
SALE TICKETS BY MEANS OF AN AUCTION.
2. IN ANY PROSECUTION UNDER THIS SECTION THE ATTORNEY GENERAL SHALL
HAVE CONCURRENT JURISDICTION WITH ANY DISTRICT ATTORNEY AND IN ANY SUCH
PROSECUTION HE OR SHE OR HIS OR HER DEPUTY SHALL EXERCISE ALL THE POWERS
AND PERFORM ALL THE DUTIES WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE
BE AUTHORIZED TO EXERCISE OR PERFORM THEREIN.
S. 5039 10
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, OR OPERATOR'S AGENT, TO:
(A) RESTRICT BY ANY MEANS THE RESALE OF ANY TICKETS INCLUDED IN 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;
(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
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 OR ANY PERSON WHO IS EMPLOYED BY
SUCH OPERATOR OR OPERATOR'S AGENT SHALL RESELL OR ENGAGE IN THE BUSINESS
OF RESELLING ANY TICKETS OF ADMISSION OR ANY OTHER EVIDENCE OF THE RIGHT
OF ENTRY TO A THEATRE, PLACE OF AMUSEMENT OR ENTERTAINMENT, OR OTHER
PLACES WHERE PUBLIC EXHIBITIONS, GAMES, CONTESTS OR PERFORMANCES ARE
HELD. THIS PROVISION SHALL NOT APPLY TO DONATIONS MADE BY THE OPERATOR
OR OPERATOR'S AGENT, WHEN THERE IS NO COMPENSATION PROVIDED, TO INDIVID-
UALS OR CHARITABLE ORGANIZATIONS WHERE THE TICKETS ARE FOR PERSONAL USE
OR CHARITABLE PURPOSES.
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
S. 5039 11
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 25.31. SUSPENSION OR REVOCATION OF LICENSES. 1. POWERS OF DEPARTMENT
OF STATE. THE DEPARTMENT OF STATE MAY DENY AN APPLICATION OR MAY REVOKE
OR SUSPEND A LICENSE ISSUED PURSUANT TO THIS ARTICLE, IMPOSE A FINE NOT
EXCEEDING ONE THOUSAND DOLLARS PER VIOLATION PAYABLE TO THE DEPARTMENT
OF STATE, ISSUE A REPRIMAND AND ORDER RESTITUTION UPON PROOF TO THE
SATISFACTION OF THE SECRETARY OF STATE THAT THE HOLDER THEREOF HAS: (A)
VIOLATED ANY PROVISION OF THIS ARTICLE OR ANY RULE OR REGULATION ADOPTED
HEREUNDER; (B) MADE A MATERIAL MISSTATEMENT IN THE APPLICATION FOR SUCH
LICENSE; (C) ENGAGED IN FRAUD OR FRAUDULENT PRACTICES; (D) DEMONSTRATED
UNTRUSTWORTHINESS OR INCOMPETENCY; OR (E) BEEN CONVICTED OF A SERIOUS
OFFENSE OR MISDEMEANOR WHICH, IN THE DISCRETION OF THE SECRETARY, BEARS
SUCH A RELATIONSHIP TO LICENSURE AS TO CONSTITUTE A BAR TO LICENSURE OR
RENEWAL.
2. DETERMINATION OF DEPARTMENT OF STATE. IN THE EVENT THAT THE DEPART-
MENT OF STATE SHALL REVOKE OR SUSPEND ANY SUCH LICENSE, OR IMPOSE ANY
FINE OR REPRIMAND ON THE HOLDER THEREOF, ITS DETERMINATION SHALL BE IN
WRITING AND OFFICIALLY SIGNED. THE ORIGINAL OF SUCH DETERMINATION, WHEN
SO SIGNED, SHALL BE FILED WITH THE DEPARTMENT OF STATE AND COPIES THERE-
OF SHALL BE SERVED PERSONALLY OR BY CERTIFIED MAIL UPON THE LICENSEE OR
APPLICANT AND ADDRESSED TO THE PRINCIPAL PLACE OF BUSINESS OF SUCH
LICENSEE.
3. NO LICENSE SHALL BE SUSPENDED OR REVOKED NOR SHALL ANY FINE OR
REPRIMAND BE IMPOSED, NOR SHALL ANY APPLICATION BE DENIED, UNTIL AFTER
AN OPPORTUNITY FOR A HEARING HAD BEFORE AN OFFICER OR EMPLOYEE OF THE
DEPARTMENT OF STATE DESIGNATED FOR SUCH PURPOSE BY THE SECRETARY OF
STATE UPON NOTICE TO THE LICENSEE OR APPLICANT OF AT LEAST TEN DAYS. THE
NOTICE SHALL BE SERVED BY CERTIFIED MAIL AND SHALL STATE THE DATE AND
PLACE OF HEARING AND SET FORTH THE GROUND OR GROUNDS CONSTITUTING THE
CHARGES AGAINST THE LICENSEE OR THE REASONS FOR THE PROPOSED DENIAL OF
THE APPLICATION. THE LICENSEE OR APPLICANT SHALL HAVE THE OPPORTUNITY TO
BE HEARD IN HIS OR HER DEFENSE EITHER IN PERSON OR BY COUNSEL AND MAY
PRODUCE WITNESSES AND TESTIFY ON HIS OR HER BEHALF. A STENOGRAPHIC
RECORD OF THE HEARING SHALL BE TAKEN AND PRESERVED. THE HEARING MAY BE
ADJOURNED FROM TIME TO TIME. THE PERSON CONDUCTING THE HEARING SHALL
MAKE A WRITTEN REPORT OF HIS OR HER FINDINGS AND A RECOMMENDATION TO THE
SECRETARY OF STATE FOR DECISION. THE SECRETARY OF STATE SHALL REVIEW
SUCH FINDINGS AND THE RECOMMENDATION AND, AFTER DUE DELIBERATION, SHALL
ISSUE AN ORDER ACCEPTING, MODIFYING OR REJECTING SUCH RECOMMENDATION AND
DISMISSING THE CHARGES OR SUSPENDING OR REVOKING THE LICENSE OR IMPOSING
A FINE OR REPRIMAND UPON THE LICENSEE. FOR THE PURPOSE OF THIS ARTICLE,
THE SECRETARY OF STATE OR ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF
STATE DESIGNATED BY HIM OR HER, MAY ADMINISTER OATHS, TAKE TESTIMONY,
SUBPOENA WITNESSES AND COMPEL THE PRODUCTION OF BOOKS, PAPERS, RECORDS
AND DOCUMENTS DEEMED PERTINENT TO THE SUBJECT OF INVESTIGATION.
S 25.33. ENFORCEMENT. 1. THE ATTORNEY GENERAL SHALL ESTABLISH A TOLL-
FREE TELEPHONE NUMBER AND ACCEPT THROUGH ITS WEBSITE ALLEGATIONS FROM
THE PUBLIC OF IMPROPER TICKET ACQUISITION, DISTRIBUTION OR SALES PRAC-
TICES, INCLUDING DECEPTIVE PRACTICES, CORRUPTION, FRAUD OR IRREGULAR
PRACTICES WITH RESPECT TO TICKET SALES FOR EVENTS IN NEW YORK STATE OR
WITH RESPECT TO TICKETS SOLD TO RESIDENTS OF THE STATE. THE ATTORNEY
GENERAL SHALL PROMINENTLY DISPLAY ON ITS WEBSITE INFORMATION REGARDING
THE HOTLINE. THE ATTORNEY GENERAL SHALL INVESTIGATE AS APPROPRIATE ALL
S. 5039 12
CREDIBLE ALLEGATIONS RECEIVED REGARDING IMPROPER TICKET ACQUISITION,
DISTRIBUTION OR SALES PRACTICES.
2. NOTWITHSTANDING ANY RIGHT OF ACTION GRANTED TO ANY GOVERNMENTAL
BODY PURSUANT TO THIS CHAPTER, ANY PERSON WHO HAS BEEN INJURED BY REASON
OF A VIOLATION OF THIS ARTICLE MAY BRING AN ACTION IN HIS OR HER OWN
NAME TO ENJOIN SUCH UNLAWFUL ACT, AN ACTION TO RECOVER HIS OR HER ACTUAL
DAMAGES OR FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS.
THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAIN-
TIFF.
S 25.35. CRIMINAL PENALTIES. 1. (A) ANY PERSON, FIRM, CORPORATION OR
OTHER ENTITY, WHETHER OR NOT DOMICILED, LICENSED OR REGISTERED WITHIN
THE STATE, WHICH IS CONVICTED OF VIOLATING SECTION 25.27 OR 25.29 OF
THIS ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE BY A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS OR FOUR TIMES THE AMOUNT OF THE
DEFENDANT'S GAIN, TO BE DETERMINED PURSUANT TO THE PROCEDURES SET FORTH
IN SECTION 400.30 OF THE CRIMINAL PROCEDURE LAW, WHICHEVER IS GREATER,
OR BY A TERM OF IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BY BOTH SUCH
FINE AND IMPRISONMENT.
(B) ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY, WHETHER OR NOT
DOMICILED, LICENSED, OR REGISTERED WITHIN THE STATE, WHICH IS CONVICTED
OF VIOLATING SECTION 25.27 OR 25.29 OF THIS ARTICLE, WHEN THE VALUE OF
THE COMMISSION, GRATUITY, BONUS, PREMIUM OR PRICE UNLAWFULLY PAID OR
ACCEPTED EXCEEDS ONE THOUSAND DOLLARS FOR AN EVENT AS DEFINED IN SECTION
23.03 OF THIS CHAPTER, WHETHER OR NOT SUCH PAYMENT IS FOR TICKETS TO A
SINGLE PERFORMANCE OF THAT EVENT, SHALL BE GUILTY OF A CLASS E FELONY,
PUNISHABLE BY A TERM OF IMPRISONMENT IN ACCORDANCE WITH THE PENAL LAW,
OR BY A FINE OF TEN THOUSAND DOLLARS OR FOUR TIMES THE AMOUNT OF THE
DEFENDANT'S GAIN, TO BE DETERMINED PURSUANT TO THE PROCEDURES SET FORTH
IN SECTION 400.30 OF THE CRIMINAL PROCEDURE LAW, WHICHEVER IS GREATER,
OR BY BOTH SUCH FINE AND IMPRISONMENT.
2. ANY PERSON, FIRM OR CORPORATION WHICH IS CONVICTED OF VIOLATING
SECTION 25.05 OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR PUNISHA-
BLE BY A TERM OF IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY A FINE NOT TO
EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS ON THE FIRST CONVICTION; THREE
THOUSAND DOLLARS ON THE SECOND CONVICTION; AND FOUR THOUSAND DOLLARS, ON
EACH SUBSEQUENT CONVICTION OR BY BOTH SUCH FINE AND IMPRISONMENT.
3. ANY PERSON, FIRM OR CORPORATION WHICH IS CONVICTED OF KNOWINGLY
VIOLATING SUBDIVISION ONE OF SECTION 25.07 OR SECTION 25.13 OR SECTION
25.15 OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A
TERM OF IMPRISONMENT NOT TO EXCEED ONE HUNDRED EIGHTY DAYS OR BY A FINE
NOT TO EXCEED ONE THOUSAND DOLLARS ON THE FIRST CONVICTION; TWO THOUSAND
DOLLARS ON THE SECOND CONVICTION; AND FOUR THOUSAND DOLLARS ON EACH
SUBSEQUENT CONVICTION OR BY BOTH SUCH FINE AND IMPRISONMENT.
4. NOTWITHSTANDING ANY OTHER PENALTY WHICH MAY BE IMPOSED FOR ANY
OTHER VIOLATION OF THIS ARTICLE, ANY PERSON, FIRM OR CORPORATION WHICH
IS CONVICTED OF VIOLATING SECTION 25.11 OF THIS ARTICLE SHALL BE GUILTY
OF A VIOLATION PUNISHABLE BY A FINE NOT TO EXCEED FOUR HUNDRED DOLLARS
ON THE FIRST CONVICTION; FIVE HUNDRED DOLLARS ON THE SECOND CONVICTION;
AND ONE THOUSAND DOLLARS ON EACH SUBSEQUENT CONVICTION.
5. ANY PERSON, FIRM OR CORPORATION WHICH IS CONVICTED OF VIOLATING
SECTION 25.05 OF THIS ARTICLE SHALL BE GUILTY OF A VIOLATION PUNISHABLE
BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS.
6. ANY PERSON, FIRM OR CORPORATION WHICH IS CONVICTED OF VIOLATING ANY
OTHER SECTION OF THIS ARTICLE SHALL BE GUILTY OF A VIOLATION PUNISHABLE
BY A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS.
S. 5039 13
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 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after May 16, 2011.
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