NY State Senate Bill 2015-S4459A

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
May 13, 2015	print number 4459a
May 13, 2015	amend and recommit to consumer protection
Mar 20, 2015	referred to consumer protection

Bill Amendments

Original

A (Active)

2015-S4459 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Ren Art 40 §§900 & 901 to be Art 41 §§1000 & 1001, add Art 40 §§900 - 902, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: S3702

2015-S4459 - Summary

Relates to fair practices in the sale of entertainment tickets.

2015-S4459 - Sponsor Memo

2015-S4459 - Bill Text download pdf

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

                                  4459

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to fair  practices
  in the sale of entertainment tickets

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Fair practices in the sale of entertainment tickets act".
  S  2. Legislative findings and declarations. 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 super-
vision of New York state and the appropriate political  subdivisions  of
the  state  for  the  purpose  of safeguarding the public against fraud,
extortion, price gouging and similar abuses.
  The legislature finds that venues, promoters and entertainers routine-
ly set aside thousands of tickets prior to the public sale.  The  legis-
lature  further  finds  that  these  tickets then are sold at prices far
above face value.
  With some concerts, as few as two thousand or three  thousand  tickets
might  be  available  to  the  general public in an arena with more than
fifteen thousand seats. This is especially a concern when the  place  of
entertainment  is  a  venue  that  receives  significant  tax credits or
rebates from the state. The legislature seeks to ensure that the  public
has  full  notice  of and information relating to the sale of tickets at
places of entertainment in New York state.
  S 3. Article 40 and sections 900 and 901 of the general  business  law
are  renumbered article 41 and sections 1000 and 1001, respectively, and
a new article 40 is added to read as follows:
                                ARTICLE 40
           FAIR PRACTICES IN THE SALE OF ENTERTAINMENT TICKETS
SECTION 900. DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09988-02-5

S. 4459                             2

        901. PUBLIC DISCLOSURE OF  TICKET  SALES  AND  AVAILABILITY  AND
               NUMBERS THEREOF.
        902. CIVIL PENALTY.
  S  900. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
HAVE THE MEANINGS AS INDICATED:
  1. "ENTERTAINMENT" MEANS ALL FORMS OF ENTERTAINMENT INCLUDING, BUT NOT
LIMITED  TO,  THEATRICAL  OR  OPERATIC  PERFORMANCES,  CONCERTS,  MOTION
PICTURES, ALL FORMS OF ENTERTAINMENT AT FAIRGROUNDS, AMUSEMENT PARKS AND
ALL TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOTBALL, BASKETBALL, BASE-
BALL,  BOXING,  TENNIS, HOCKEY, AND ANY OTHER SPORT, AND ALL OTHER FORMS
OF DIVERSION, RECREATION OR SHOW.
  2. "OPERATOR" MEANS ANY PERSON WHO OWNS, OPERATES, OR CONTROLS A PLACE
OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT.
  3. "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.
  4.  "TICKET"  MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY PLACE OF
ENTERTAINMENT.
  5. "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 901. PUBLIC DISCLOSURE OF TICKET SALES AND AVAILABILITY AND  NUMBERS
THEREOF.  1.  ALL OPERATORS WHO SELL TICKETS FOR ENTERTAINMENT AT PLACES
OF ENTERTAINMENT SHALL BE REQUIRED TO POST THE NUMBER OF TOTAL SEATS FOR
THE ENTERTAINMENT EVENT, NUMBER OF TICKETS FOR SALE DURING  THE  GENERAL
PUBLIC  SALE, THE NUMBER OF SEATS SOLD PRIOR TO THE GENERAL PUBLIC SALE,
THE NUMBER OF TICKETS FOR SALE AS  VIP  TICKETS  PRIOR  TO  THE  GENERAL
PUBLIC  SALE,  THE NUMBER OF VIP TICKETS FOR SALE ALONG WITH THE GENERAL
PUBLIC SALE, THE NUMBER OF TICKETS SOLD  THROUGH  THE  ENTERTAINER'S  OR
SPORT  TEAM'S  FAN  CLUB,  AND  THE  NUMBER OF TICKETS THAT WILL BE MADE
AVAILABLE FOR FREE WHETHER BY  THE  OPERATOR,  ENTERTAINER  OR  SPORTING
TEAM.
  2. THIS INFORMATION SHALL BE AVAILABLE AT THE TICKET OFFICE AND POSTED
ON THE PROMOTER'S WEBSITE.
  S  902. CIVIL PENALTY. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
AGENT OR EMPLOYEE THEREOF WHO FAILS TO COMPLY WITH THIS ARTICLE SHALL BE
LIABLE TO A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
VIOLATION, WHICH SHALL ACCRUE TO THE STATE OF NEW YORK AND MAY BE RECOV-
ERED IN A CIVIL ACTION.
  S 4. This act shall take effect immediately.

2015-S4459A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Ren Art 40 §§900 & 901 to be Art 41 §§1000 & 1001, add Art 40 §§900 - 902, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: S3702

2015-S4459A (ACTIVE) - Summary

Relates to fair practices in the sale of entertainment tickets.

2015-S4459A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4459A

TITLE OF BILL:  An act to amend the general business law, in relation to
fair practices in the sale of entertainment tickets

PURPOSE:

To provide the public disclosure on the sales of entertainment tickets,
availability of tickets to places of entertainment

SUMMARY OF PROVISIONS:

Section 1 titles this act as the "Fair practices in the sale of enter-
tainment tickets."

Section 2 sets forth the legislative findings and declarations.

Section 3 amends the general business law to add a new Article 41.
Article 41 Section 900 sets forth definitions. Section 901 sets forth
posting requirements related to the sale of tickets by places of enter-
tainment, including disclosing the number of tickets available for an
event, the number of tickets sold starting on the public on sale date,
and number of tickets held for VIPs and for artist or team. 902 sets
forth a civil penalty of up to no more than $1,000 per violation of the
Fair practices in the sale of entertainment tickets.

Section 4 sets forth the effective date

JUSTIFICATION:

The sale of tickets to entertainment events has been an area of public
complaint. In many instances events at 18,000 seat arenas are only
making available 4,000 at the public and as a result there is a large
secondary market that makes it impossible for members of the general
public to get tickets at an affordable rate. In many instances perform-
ing artists are retaining their own tickets and then selling them at
higher rates to designated groups. Because most of the places of enter-
tainment receive public funding or subsidies in the form of large tax
breaks or other incentives the public has a right to full information
about how tickets are sold at these locations.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4459A (ACTIVE) - Bill Text download pdf

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

                                 4459--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to fair  practices
  in the sale of entertainment tickets

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Fair practices in the sale of entertainment tickets act".
  S  2. Legislative findings and declarations. 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 super-
vision of New York state and the appropriate political  subdivisions  of
the  state  for  the  purpose  of safeguarding the public against fraud,
extortion, price gouging and similar abuses.
  The legislature finds that venues, promoters and entertainers routine-
ly set aside thousands of tickets prior to the public sale.  The  legis-
lature  further  finds  that  these  tickets then are sold at prices far
above face value.
  With some concerts, as few as two thousand or three  thousand  tickets
might  be  available  to  the  general public in an arena with more than
fifteen thousand seats. This is especially a concern when the  place  of
entertainment  is  a  venue  that  receives  significant  tax credits or
rebates from the state. The legislature seeks to ensure that the  public
has  full  notice  of and information relating to the sale of tickets at
places of entertainment in New York state.
  S 3. Article 40 and sections 900 and 901 of the general business  law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
41  and  sections  1000  and 1001, respectively, and a new article 40 is
added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09988-04-5

S. 4459--A                          2

                                ARTICLE 40
           FAIR PRACTICES IN THE SALE OF ENTERTAINMENT TICKETS
SECTION 900. DEFINITIONS.
        901. PUBLIC  DISCLOSURE  OF  TICKET  SALES  AND AVAILABILITY AND
               NUMBERS THEREOF.
        902. CIVIL PENALTY.
  S 900. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS  SHALL
HAVE THE MEANINGS AS INDICATED:
  1.  "ENTRY  FEE"  MEANS  THE  PRICE  FIXED FOR A TICKET AT THE TIME OF
INITIAL SALE BY THE OPERATOR OF ANY PLACE OF ENTERTAINMENT FOR ADMISSION
TO AN EVENT.
  2. "EVENT" MEANS ALL FORMS OF ENTERTAINMENT AT PLACES OF ENTERTAINMENT
INCLUDING, BUT NOT LIMITED TO, PERFORMANCES, CONCERTS, MUSICAL  AND  ALL
TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOTBALL, BASKETBALL, BASEBALL,
BOXING,  TENNIS,  HOCKEY, AND ANY OTHER SPORT.  EVENT SHALL NOT MEAN ANY
KIND OF PERFORMANCE REGULARLY SCHEDULED TO TAKE PLACE ON A  DAILY  BASIS
AT THE SAME VENUE OVER THE COURSE OF ONE OR MORE WEEKS.
  3. "OPERATOR" MEANS ANY PERSON WHO LEASES, OWNS, OPERATES, OR CONTROLS
A  PLACE OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN EVENT HELD AT A
PLACE OF ENTERTAINMENT.
  4. "PLACE OF ENTERTAINMENT" MEANS ANY  PRIVATELY  OR  PUBLICLY  OWNED,
LEASED  OR  OPERATED  LOCATION  THAT HAS A PERMANENT SEATING CAPACITY IN
EXCESS OF THREE THOUSAND PERSONS INCLUDING BUT NOT LIMITED TO A THEATER,
STADIUM, ARENA, RACETRACK, OR OTHER PLACE WHERE PERFORMANCES,  CONCERTS,
ATHLETIC GAMES OR CONTESTS ARE HELD FOR WHICH AN ENTRY FEE IS CHARGED.
  5.  "SALE  DATE"  MEANS  THE  FIRST DAY TICKETS ARE MADE AVAILABLE FOR
PURCHASE.
  6. "TICKET" MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY  PLACE  OF
ENTERTAINMENT.
  7.  "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  901. PUBLIC DISCLOSURE OF TICKET SALES AND AVAILABILITY AND NUMBERS
THEREOF. 1. ALL OPERATORS WHO SELL TICKETS FOR ENTERTAINMENT  AT  PLACES
OF ENTERTAINMENT SHALL BE REQUIRED TO POST THE NUMBER OF TOTAL SEATS FOR
THE  EVENT, NUMBER OF TICKETS FOR SALE TO THE GENERAL PUBLIC ON THE SALE
DATE, THE NUMBER OF TICKETS FOR SALE AS VIP TICKETS PRIOR  TO  THE  SALE
DATE,  THE  NUMBER  OF  TICKETS  SOLD THROUGH THE ENTERTAINER'S OR SPORT
TEAM'S FAN CLUB OR OTHER PROMOTIONAL OPPORTUNITY PRIOR TO THE SALE DATE,
AND THE NUMBER OF TICKETS THAT WILL BE MADE AVAILABLE FOR  FREE  WHETHER
BY THE OPERATOR, ENTERTAINER OR SPORTING TEAM.
  2. THIS INFORMATION SHALL BE AVAILABLE AT THE TICKET OFFICE AND POSTED
ON  THE  PROMOTER'S  WEBSITE NO LESS THAN FORTY-EIGHT HOURS PRIOR TO THE
SALE DATE FOR THE EVENT.
  S 902. CIVIL PENALTY. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION  OR
AGENT OR EMPLOYEE THEREOF WHO FAILS TO COMPLY WITH THIS ARTICLE SHALL BE
LIABLE TO A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
VIOLATION, WHICH SHALL ACCRUE TO THE STATE OF NEW YORK AND MAY BE RECOV-
ERED IN A CIVIL ACTION.
  S 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S4459A

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2015-S4459 - Details

2015-S4459 - Summary

2015-S4459 - Sponsor Memo

2015-S4459 - Bill Text download pdf

2015-S4459A (ACTIVE) - Details

2015-S4459A (ACTIVE) - Summary

2015-S4459A (ACTIVE) - Sponsor Memo

2015-S4459A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2015-S4459A

Senate Bill S4459A

Share this bill

Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2015-S4459 - Details

2015-S4459 - Summary

2015-S4459 - Sponsor Memo

2015-S4459 - Bill Text download pdf

2015-S4459A (ACTIVE) - Details

2015-S4459A (ACTIVE) - Summary

2015-S4459A (ACTIVE) - Sponsor Memo

2015-S4459A (ACTIVE) - Bill Text download pdf

Comments