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

                                  8123

                            I N  S E N A T E

                              June 13, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the arts and cultural affairs law, in relation to  auto-
  mated ticket purchasing software

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

  Section 1. Section 25.24 of the arts  and  cultural  affairs  law,  as
added by chapter 151 of the laws of 2010, is amended to read as follows:
  S  25.24.  [Automated  ticket] 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], ON ITS OWN OR WITH HUMAN ASSISTANCE, BYPASSES security measures
[to  purchase  tickets]  OR  ACCESS  CONTROL  SYSTEMS ON A RETAIL TICKET
PURCHASING PLATFORM, OR OTHER CONTROLS OR MEASURES ON  A  RETAIL  TICKET
PURCHASING PLATFORM THAT ASSIST IN IMPLEMENTING A LIMIT ON THE NUMBER OF
TICKETS  THAT  CAN  BE  PURCHASED, TO PURCHASE TICKETS.  FOR PURPOSES OF
THIS SECTION, THE TERM "RETAIL TICKET PURCHASING PLATFORM" SHALL MEAN  A
RETAIL  TICKET  PURCHASING  WEBSITE, APPLICATION, PHONE SYSTEM, OR OTHER
TECHNOLOGY PLATFORM USED TO SELL TICKETS.
  2. (A) It shall be unlawful for any person, FIRM, CORPORATION OR OTHER
ENTITY to utilize [automated] ticket  purchasing  software  to  purchase
tickets.
  (B)  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION OR OTHER
ENTITY TO KNOWINGLY RESELL OR OFFER TO RESELL A TICKET THAT SUCH PERSON,
FIRM, CORPORATION OR  OTHER  ENTITY  KNOWS  WAS  OBTAINED  USING  TICKET
PURCHASING SOFTWARE AND WAS NOT OBTAINED FOR THEIR OWN USE OR THE USE OF
THEIR INVITEES, EMPLOYEES, OR AGENTS.
  3.  (A)  Any  person,  FIRM, CORPORATION OR OTHER ENTITY who knowingly
utilizes [automated] ticket purchasing  software  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] ONE THOUSAND FIVE HUNDRED DOLLARS for each

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14490-18-6
              

S. 8123                             2

such violation and shall forfeit all profits made from the sale  of  any
such unlawfully obtained tickets.
  4.  Any  person,  FIRM,  CORPORATION OR OTHER ENTITY 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, FIRM,  CORPORATION  OR  OTHER  ENTITY  WHO  KNOWINGLY
RESELLS OR OFFERS TO RESELL A TICKET THAT SUCH PERSON, FIRM, CORPORATION
OR  OTHER ENTITY KNOWS WAS OBTAINED USING TICKET PURCHASING SOFTWARE AND
WAS NOT OBTAINED FOR THEIR OWN USE OR THE USE OF THEIR INVITEES, EMPLOY-
EES, OR AGENTS SHALL BE SUBJECT TO A CIVIL PENALTY IN AN  AMOUNT  OF  NO
LESS  THAN  FIVE  HUNDRED  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 TICKET.
  6. 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]
THREE 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
unlawfully 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.] 7. 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.] 8. 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.
  9. ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO FOR  THE  PURPOSE
OF SELLING OR OFFERING TO SELL TICKETS IN ORDER TO DERIVE A PROFIT THER-
EFROM  (I) INTENTIONALLY UTILIZES TICKET PURCHASING SOFTWARE TO PURCHASE
SUCH TICKETS, (II) INTENTIONALLY MAINTAINS ANY INTEREST IN OR  MAINTAINS
ANY CONTROL OF THE OPERATION OF TICKET PURCHASING SOFTWARE WHICH IS USED
TO PURCHASE SUCH TICKETS, OR (III) KNOWINGLY RESELLS OR OFFERS TO RESELL
A  TICKET  THAT SUCH PERSON, FIRM, CORPORATION OR OTHER ENTITY KNOWS WAS
OBTAINED USING TICKET PURCHASING SOFTWARE AND WAS NOT OBTAINED FOR THEIR
OWN USE OR THE USE OF THEIR INVITEES, EMPLOYEES,  OR  AGENTS,  SHALL  BE
GUILTY OF A CLASS A MISDEMEANOR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.