senate Bill S6962A

2013-2014 Legislative Session

Relates to ticket pricing

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 09, 2014 amended on third reading (t) 6962a
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.689
Apr 09, 2014 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

S6962 - Bill Details

Current Committee:
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§25.23 & 25.29, Arts & Cul L

S6962 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6962

TITLE OF BILL: An act to amend the arts and cultural affairs law, in
relation to ticket pricing, and to amend chapter 704 of the laws of
1991, amending the arts and cultural affairs law and chapter 912 of
the laws of 1920 relating to the regulation of boxing and wrestling
relating to tickets to places of entertainment, and chapter 151 of the
laws of 2010, amending the arts and cultural affairs law relating to
resale of tickets to places of entertainment, in relation to extending
the effectiveness of the provisions thereof

PURPOSE:

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

SUMMARY OF PROVISIONS:

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

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

Section 3 amends section 4 of chapter 704 of the laws of 1991 and the
Arts and Cultural Affairs Law to make the effective date of repeal of
this act to be May 14, 2016.

Section 4 amends section 11 of chapter 151 of the laws of 2010 and
amending the Arts and Cultural Affairs Law stating if this act takes
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 until May 14, 2016, when the
provisions shall expire and be deemed repealed.

JUSTIFICATION:

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

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

This bill would just require the posting and advertising of the full
price of a ticket, including fees and charges so consumers will know


the complete price prior to purchase. This bill in no way restricts a
venue or ticket sales company in setting their ticket prices.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that:

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

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

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

                                  6962

                            I N  S E N A T E

                              April 9, 2014
                               ___________

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

AN ACT to amend the arts and cultural affairs law, in relation to ticket
  pricing,  and  to  amend chapter 704 of the laws of 1991, amending the
  arts and cultural affairs law and chapter 912  of  the  laws  of  1920
  relating to the regulation of boxing and wrestling relating to tickets
  to  places  of  entertainment,  and  chapter  151 of the laws of 2010,
  amending the arts and cultural affairs law relating to resale of tick-
  ets to places of entertainment, in relation to  extending  the  effec-
  tiveness of the provisions thereof

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14519-02-4

S. 6962                             2

INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR  THROUGH
LINKS ON WEBSITES THAT DISPLAY THE TOTAL PRICE.
  S 2. Section 25.29 of the arts and cultural affairs law, as amended by
chapter  61 of the laws of 2007, subdivision 1 as amended by chapter 151
of the laws of 2010, is amended to read as follows:
  S 25.29. Unlawful charges in connection with tickets. 1.  No  operator
of  any  place  of  entertainment,  or his or her agent, representative,
employee or licensee shall, if a price be charged for admission thereto,
exact, demand, accept or receive, directly or indirectly, any premium or
price in excess of the  established  price  plus  lawful  taxes  whether
designated as price, gratuity or otherwise; provided, however: (a) noth-
ing  in this article shall be construed to prohibit a reasonable service
charge by the operator or agents of the operator for  special  services,
including  but  not  limited  to, sales away from the box office, credit
card sales or delivery;  and  (b)  nothing  in  this  article  shall  be
construed to prohibit an operator or its agent from offering for initial
sale tickets by means of an auction.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE ADVERTISED PRICE FOR ADMISSION SHALL INCLUDE THE ENTIRE PRICE TO  BE
PAID  INCLUDING  CHARGES  AND FEES, ALTHOUGH CHARGES INCLUDED WITHIN THE
ENTIRE PRICE MAY  BE  DESCRIBED  SEPARATELY  OR  THROUGH  LINKS  ON  THE
WEBSITES THAT DISPLAY THE TOTAL PRICE.
  3.  In  any  prosecution under this section the attorney general shall
have concurrent jurisdiction with any district attorney and in any  such
prosecution he or she or his or her deputy shall exercise all the powers
and  perform  all the duties which the district attorney would otherwise
be authorized to exercise or perform therein.
  S 3. Section 4 of chapter 704 of the laws of 1991, amending  the  arts
and cultural affairs law and chapter 912 of the laws of 1920 relating to
the  regulation  of  boxing and wrestling matches relating to tickets to
places of entertainment, as amended by chapter 28 of the laws  of  2013,
is amended to read as follows:
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law, provided, chapter 61 of the laws of  2007  shall  not
take  effect  with  respect  to the issuance of licenses or certificates
under this article by the secretary of  state  or  department  of  state
until  January  1, 2008 and regulation under this article by the commis-
sioners of licenses of the political subdivisions  of  the  state  shall
continue  through  December 31, 2007, and shall remain in full force and
effect only until and including May 14, [2014] 2016 when such act  shall
be  repealed  and  when, notwithstanding any other provision of law, the
provisions of article 25 of title G of the  arts  and  cultural  affairs
law,  repealed by such act, shall be reinstituted; provided further that
section 25.11 of the arts and cultural affairs law, as added by  section
one  of this act, shall survive such repeal date. Provided, however, the
printing on tickets required pursuant to sections  25.07  and  25.08  of
article  25  of the arts and cultural affairs law, as added by this act,
shall not apply to tickets printed prior to enactment of such article so
long as notice of the higher maximum premium price  and  prohibition  of
sales  within one thousand five hundred feet from the physical structure
of  the  place  of  entertainment,  where  applicable,  is   prominently
displayed at the point of sale and at such place of entertainment.
  S  4. Section 11 of chapter 151 of the laws of 2010, amending the arts
and cultural affairs law relating to resale  of  tickets  to  places  of
entertainment,  as amended by chapter 28 of the laws of 2013, is amended
to read as follows:

S. 6962                             3

  S 11. Notwithstanding the provisions  of  article  5  of  the  general
construction  law, if this act shall take effect after May 15, 2010, the
provisions of article 25 of the arts and cultural  affairs  law,  except
section  25.11  are  hereby revived and shall continue in full force and
effect as they existed on May 15, 2010 through May 14, [2014] 2016, when
upon such date such provisions shall expire and be deemed repealed.
  S 5. This act shall take effect immediately; provided, however, that:
  a.  the  amendments  to section 25.23 of the arts and cultural affairs
law made by section one of this act shall not affect the repeal of  such
section and shall be deemed repealed therewith; and
  b.  the  amendments  to section 25.29 of the arts and cultural affairs
law made by section two of this act shall not affect the repeal of  such
section and shall be deemed repealed therewith.

S6962A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§25.23 & 25.29, Arts & Cul L

S6962A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6962A

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

PURPOSE:

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

SUMMARY OF PROVISIONS:

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

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

JUSTIFICATION:

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

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

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

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

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

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6962--A
    Cal. No. 689

                            I N  S E N A T E

                              April 9, 2014
                               ___________

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

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

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

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

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

S. 6962--A                          2

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

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