Assembly Bill A8245C

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8245
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development
 
 AN ACT to amend the arts and cultural affairs law, in  relation  to  the
   sale of tickets to places of entertainment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 25.07 of the arts  and  cultural  affairs  law  is
 amended by adding a new subdivision 1-a to read as follows:
   1-A.  EVERY OPERATOR OF A PLACE OF ENTERTAINMENT SHALL MAKE PUBLIC THE
 NUMBER OF TICKETS TO A PLACE OF ENTERTAINMENT  THAT  ARE  AVAILABLE  FOR
 PURCHASE AT ALL TIMES WHILE SUCH TICKETS ARE AVAILABLE FOR PURCHASE.
   §  2. Section 25.13 of the arts and cultural affairs law is amended by
 adding a new subdivision 2-a to read as follows:
   2-A. NO OPERATOR OF  A  PLACE  OF  ENTERTAINMENT,  LICENSEE  OR  OTHER
 SECONDARY  TICKET  RESELLER  SHALL  SELL  OR RESELL ANY TICKET THAT SUCH
 OPERATOR, LICENSEE OR RESELLER DOES NOT OWN AT THE TIME OF THE OFFER  OR
 SALE OF SUCH TICKET.
   § 3. 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11767-04-7

 A. 8245                             2
 
 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.  ANY  OPERATOR  OR MANAGER OF A WEBSITE OR OTHER ELECTRONIC SERVICE
 THAT SERVES AS A PLATFORM TO FACILITATE RESALE, OR RESALE BY  WAY  OF  A
 COMPETITIVE  BIDDING  PROCESS, SHALL POST A CLEAR AND CONSPICUOUS NOTICE
 ON SUCH WEBSITE THAT THE WEBSITE IS FOR THE SECONDARY SALE OF A TICKET.
   3. ANY OPERATOR OR MANAGER OF A WEBSITE OR  OTHER  ELECTRONIC  SERVICE
 THAT  SERVES  AS  A PLATFORM TO FACILITATE RESALE, OR RESALE BY WAY OF A
 COMPETITIVE BIDDING PROCESS, SHALL PROVIDE  ON  SUCH  PLATFORM  A  PLACE
 WHERE  LICENSEES  AND  OTHER TICKET RESELLERS MUST POST THEIR LICENSE OR
 CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE, OR A HYPERLINK THAT  ALLOWS
 FOR SUCH POSTING.
   §  4. Section 25.24 of the arts and cultural affairs law is amended by
 adding a new subdivision 10 to read as follows:
   10. ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO  IS  A  LICENSEE
 UNDER THIS ARTICLE WHO IS ADJUDICATED GUILTY OF THE FOLLOWING ACTS SHALL
 LOSE  THEIR LICENSE AND WILL BE BARRED FROM LICENSURE UNDER THIS ARTICLE
 FOR A PERIOD OF THREE YEARS FOLLOWING SUCH ADJUDICATION IF  SUCH  LICEN-
 SEE:  (A)  KNOWINGLY  UTILIZED  TICKET  PURCHASING  SOFTWARE IN ORDER TO
 PURCHASE TICKETS; (B) KNOWINGLY RESOLD OR OFFERED  TO  RESELL  A  TICKET
 THAT  SUCH  LICENSEE KNEW WAS OBTAINED USING TICKET PURCHASING SOFTWARE;
 OR (C) INTENTIONALLY  MAINTAINED  ANY  INTEREST  IN  OR  MAINTAINED  ANY
 CONTROL OF THE OPERATION OF TICKET PURCHASING SOFTWARE TO PURCHASE TICK-
 ETS.
   §  5. Section 25.25 of the arts and cultural affairs law is amended by
 adding a new subdivision 3 to read as follows:
   3. ON A MONTHLY BASIS, EVERY LICENSEE OR OTHER  TICKET  RESELLER  THAT
 RESELLS  TICKETS  OR FACILITATES THE RESALE OF TICKETS OR RESALE AUCTION
 OF TICKETS BETWEEN INDEPENDENT PARTIES BY ANY AND ALL MEANS SHALL REPORT
 TO THE OPERATOR OF A PLACE OF ENTERTAINMENT FROM WHOM SUCH TICKETS  WERE
 PURCHASED  THE DIFFERENCE BETWEEN THE FACE VALUE OF EACH TICKET SOLD AND
 THE PRICE RECEIVED  FOR  EACH  RESOLD  TICKET.  THE  PRICE  DIFFERENTIAL
 BETWEEN  THE  FACE VALUE OF A TICKET AND THE PRICE FOR WHICH SUCH TICKET
 IS RESOLD SHALL BE USED IN THE CALCULATION OF ANY RESIDUAL PAYMENTS  DUE
 TO  ARTISTS  OR  PERFORMERS  UNDER  ANY CONTRACTS ENTERED INTO AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION. ANY ADDITIONAL RESIDUAL PAYMENTS DUE
 AND OWING BASED ON THE PRICE DIFFERENTIAL BETWEEN THE FACE  VALUE  OF  A
 TICKET  AND THE RESALE PRICE OF SUCH TICKET SHALL BE PAID BY SUCH LICEN-
 SEE OR OTHER TICKET RESELLER TO SUCH ENTITY OR ENTITIES THAT  ARE  OBLI-
 GATED TO MAKE SUCH RESIDUAL PAYMENTS.
   § 6. 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:
   § 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.

 A. 8245                             3
 
   2.  IN ANY ADVERTISEMENT OR PROMOTION OF A TICKET TO A PLACE OF ENTER-
 TAINMENT, INCLUDING ONLINE ADVERTISING, THE TOTAL PRICE  OF  THE  TICKET
 AND  THE PORTION OF THE TICKET PRICE STATED IN DOLLARS THAT REPRESENTS A
 SERVICE CHARGE, OR ANY OTHER FEE SURCHARGE SHALL BE CLEARLY AND CONSPIC-
 UOUSLY DISCLOSED.
   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.
   § 7. Paragraph (c) of subdivision 1 of section 25.30 of the  arts  and
 cultural  affairs  law,  as added by chapter 151 of the laws of 2010, is
 amended to read as follows:
   (c) employ a paperless ticketing system FORTY-EIGHT HOURS AFTER  TICK-
 ETS HAVE BEEN ON SALE TO THE GENERAL PUBLIC AS PROVIDED IN PARAGRAPH (D)
 OF  SUBDIVISION  ONE OF SECTION 25.30 OF THIS ARTICLE; AFTER SUCH FORTY-
 EIGHT HOUR PERIOD, NO OPERATOR OF A PLACE OF ENTERTAINMENT OR ITS  AGENT
 SHALL  EMPLOY  A PAPERLESS TICKETING SYSTEM unless the consumer is given
 an option to purchase paperless tickets that the consumer  can  transfer
 at  any price, and at any time, and without additional fees, independent
 of the operator or operator's agent. Notwithstanding the  foregoing,  an
 operator  or  operator's  agent  may employ a paperless ticketing system
 that does not allow for independent transferability of paperless tickets
 only if the consumer is offered an option at the time of initial sale to
 purchase the same tickets in some other form that is transferable  inde-
 pendent  of  the operator or operator's agent including, but not limited
 to, paper tickets or e-tickets. The  established  price  for  any  given
 ticket  shall  be  the same regardless of the form or transferability of
 such ticket. The ability for a ticket to be transferred  independent  of
 the  operator or operator's agent shall not constitute a special service
 for the purpose of imposing a service charge pursuant to  section  25.29
 of this article.
   §  8.  Subdivision 1 of section 25.30 of the arts and cultural affairs
 law is amended by adding a new paragraph (d) to read as follows:
   (D) RESELL ANY TICKET TO A LICENSEE OR OTHER  TICKET  RESELLER  DURING
 THE  FIRST  FORTY-EIGHT  HOURS  AFTER SUCH TICKET IS FIRST AVAILABLE FOR
 PRIMARY SALE  TO  THE  GENERAL  PUBLIC;  PROVIDED,  HOWEVER,  THAT  SUCH
 RESTRICTION  SHALL  NOT  APPLY TO SEASON TICKETS OR OTHER BUNDLED SERIES
 TICKETS.
   § 9. Section 25.30 of the arts and cultural affairs law is amended  by
 adding a new subdivision 5 to read as follows:
   5.  NO  OPERATOR  OR  ITS  AGENT  SHALL  TRANSFER A PROSPECTIVE TICKET
 PURCHASER THROUGH ANY MEANS TO A LICENSEE OR SECONDARY  TICKET  RESELLER
 WITHOUT  PROVIDING  A  CLEAR AND CONSPICUOUS DISCLOSURE THAT INFORMS THE
 PROSPECTIVE PURCHASER THAT THE TICKET IS NOT BEING OFFERED BY THE OPERA-
 TOR OR ITS AGENT, BUT RATHER BY A LICENSEE OR OTHER TICKET  RESELLER  IN
 THE SECONDARY MARKET.
   §  10.  This act shall take effect immediately; provided, however, the
 amendments to article 25 of the arts and cultural affairs  law  made  by
 sections  one,  two, three, five, six, seven, eight and nine of this act
 shall not affect the repeal of such article and shall be deemed repealed
 therewith.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8245--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  SEPULVEDA, FAHY -- read once and
   referred to the Committee on Tourism, Parks, Arts and Sports  Develop-
   ment -- reported and referred to the Committee on Codes -- recommitted
   to  the  Committee on Codes in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend the arts and cultural affairs law, in relation to the
   sale of tickets to places of entertainment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  25.13  of  the  arts and cultural affairs law is
 amended by adding a new subdivision 2-a to read as follows:
   2-A. IT SHALL BE UNLAWFUL FOR A LICENSEE OR OTHER TICKET  RESELLER  TO
 CONTRACT  FOR THE SALE OF TICKETS OR ACCEPT CONSIDERATION FOR PAYMENT IN
 FULL OR FOR A DEPOSIT FOR THE SALE OF TICKETS UNLESS  SUCH  LICENSEE  OR
 OTHER TICKET RESELLER MEETS ONE OR MORE OF THE FOLLOWING REQUIREMENTS:
   (A)  SUCH  LICENSEE  OR  OTHER  TICKET  RESELLER HAS THE TICKET IN ITS
 POSSESSION;
   (B) SUCH LICENSEE OR OTHER TICKET RESELLER HAS A WRITTEN  CONTRACT  TO
 OBTAIN THE OFFERED TICKET AT A CERTAIN PRICE FROM A PERSON IN POSSESSION
 OF  THE  TICKET  OR  FROM A PERSON WHO HAS A CONTRACTUAL RIGHT TO OBTAIN
 SUCH TICKET; OR
   (C) SUCH LICENSEE OR OTHER TICKET RESELLER INFORMS  THE  PURCHASER  IN
 WRITING  AT THE TIME OF THE CONTRACT OR RECEIPT OF CONSIDERATION, WHICH-
 EVER IS EARLIER, THAT SUCH LICENSEE OR OTHER TICKET  RESELLER  DOES  NOT
 HAVE  POSSESSION  OF  THE TICKETS, HAS NO CONTRACT TO OBTAIN THE OFFERED
 TICKET AT A CERTAIN PRICE FROM A PERSON IN POSSESSION OF THE  TICKET  OR
 FROM A PERSON WHO HAS A CONTRACTUAL RIGHT TO OBTAIN SUCH TICKET, AND MAY
 NOT  BE  ABLE  TO  SUPPLY THE TICKET AT THE CONTRACTED PRICE OR RANGE OF
 PRICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11767-10-8
              

 A. 8245--A                          2
 
   NOTHING IN THIS SECTION SHALL PROHIBIT  A  LICENSEE  OR  OTHER  TICKET
 RESELLER  FROM  ACCEPTING A DEPOSIT FROM A PROSPECTIVE PURCHASER AS PART
 OF AN AGREEMENT THAT SUCH LICENSEE OR OTHER TICKET  RESELLER  WILL  MAKE
 BEST  EFFORTS TO OBTAIN A TICKET AT A SPECIFIED PRICE OR PRICE RANGE AND
 WITHIN  A  SPECIFIED  TIME,  PROVIDED THAT SUCH LICENSEE OR OTHER TICKET
 RESELLER INFORMS THE PURCHASER IN WRITING AT THE TIME OF THE CONTRACT OR
 RECEIPT OF CONSIDERATION, WHICHEVER IS EARLIER,  OF  THE  TERMS  OF  THE
 DEPOSIT  AGREEMENT,  AND  INCLUDES IN THE WRITTEN NOTICE THE DISCLOSURES
 OTHERWISE REQUIRED BY THIS SECTION. IF A LICENSEE OR TICKET RESELLER HAS
 ENTERED INTO A CONTRACT WITH OR RECEIVED CONSIDERATION FROM  A  PROSPEC-
 TIVE  PURCHASER  FOR  THE  SALE OF A TICKET OR TICKETS AND CANNOT SUPPLY
 SUCH TICKET OR TICKETS AT THE CONTRACTED  PRICE  OR  PRICE  RANGE,  SUCH
 LICENSEE  OR  TICKET  RESELLER  SHALL  REFUND  ANY  MONIES  PAID BY SUCH
 PROSPECTIVE PURCHASER WITHIN FIVE BUSINESS DAYS THEREAFTER.
   § 2. 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:
   § 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. ANY OPERATOR OR MANAGER OF A WEBSITE OR  OTHER  ELECTRONIC  SERVICE
 THAT  SERVES  AS  A PLATFORM TO FACILITATE RESALE, OR RESALE BY WAY OF A
 COMPETITIVE BIDDING PROCESS, SHALL POST A CLEAR AND  CONSPICUOUS  NOTICE
 ON SUCH WEBSITE WHEN THE WEBSITE IS BEING USED FOR THE SECONDARY SALE OF
 A TICKET.
   3.  ANY  OPERATOR  OR MANAGER OF A WEBSITE OR OTHER ELECTRONIC SERVICE
 THAT SERVES AS A PLATFORM TO FACILITATE RESALE, OR RESALE BY  WAY  OF  A
 COMPETITIVE  BIDDING  PROCESS,  SHALL  PROVIDE  ON SUCH PLATFORM A PLACE
 WHERE LICENSEES AND THOSE DOING BUSINESS AS TICKET RESELLERS  MUST  POST
 THEIR  LICENSE  OR  CERTIFICATE  ISSUED  PURSUANT  TO THIS ARTICLE, OR A
 HYPERLINK THAT ALLOWS FOR VIEWING SUCH POSTING.
   § 3. Section 25.24 of the arts and cultural affairs law is amended  by
 adding a new subdivision 10 to read as follows:
   10.  ANY  PERSON,  FIRM, CORPORATION OR OTHER ENTITY WHO IS A LICENSEE
 UNDER THIS ARTICLE WHO IS ADJUDICATED GUILTY OF THE FOLLOWING ACTS SHALL
 LOSE THEIR LICENSE AND WILL BE BARRED FROM LICENSURE UNDER THIS  ARTICLE
 FOR  A  PERIOD NOT TO EXCEED THREE YEARS TO BE DETERMINED BY THE DEPART-
 MENT OF STATE PURSUANT TO SECTION 25.31 OF THIS ARTICLE IF  SUCH  LICEN-
 SEE:  (A)  KNOWINGLY  UTILIZED  TICKET  PURCHASING  SOFTWARE IN ORDER TO
 PURCHASE TICKETS; (B) KNOWINGLY RESOLD OR OFFERED  TO  RESELL  A  TICKET
 THAT  SUCH  LICENSEE KNEW WAS OBTAINED USING TICKET PURCHASING SOFTWARE;
 OR (C) INTENTIONALLY  MAINTAINED  ANY  INTEREST  IN  OR  MAINTAINED  ANY
 CONTROL OF THE OPERATION OF TICKET PURCHASING SOFTWARE TO PURCHASE TICK-
 ETS.

 A. 8245--A                          3
 
   §  4. Section 25.07 of the arts and cultural affairs law is amended by
 adding a new subdivision 4 to read as follows:
   4.  EVERY  OPERATOR OF A PLACE OR ENTERTAINMENT, ANY LICENSEE OR OTHER
 TICKET RESELLER SHALL DISCLOSE IN A CLEAR  AND  CONSPICUOUS  MANNER  THE
 TOTAL  PRICE OF THE TICKET AND THE PORTION OF THE TICKET PRICE STATED IN
 DOLLARS THAT REPRESENTS A SERVICE CHARGE, OR ANY OTHER FEE OR  SURCHARGE
 PRIOR TO ACCEPTING PAYMENT THEREFOR.
   §  5.  Paragraph (c) of subdivision 1 of section 25.30 of the arts and
 cultural affairs law, as added by chapter 151 of the laws  of  2010,  is
 amended to read as follows:
   (c) EXCEPT AS PROVIDED IN THIS PARAGRAPH, employ a paperless ticketing
 system  unless  the  consumer  is  given an option to purchase paperless
 tickets that the consumer can transfer at any price, and  at  any  time,
 and  without  additional fees, independent of the operator or operator's
 agent. Notwithstanding the foregoing, an operator  or  operator's  agent
 may  employ  a  paperless ticketing system that does not allow for inde-
 pendent transferability of paperless tickets FOR UP TO TWENTY PERCENT OF
 ALL SEATS AVAILABLE AT A VENUE; PROVIDED, HOWEVER, THAT SUCH OPERATOR OR
 THE OPERATOR'S AGENT SHALL PROVIDE A REFUND IN FULL OF ALL  MONIES  PAID
 BY  PURCHASERS  OF SUCH PAPERLESS TICKETS UP TO FOURTEEN DAYS IN ADVANCE
 OF THE TICKETED EVENT IF SUCH PURCHASERS SO  REQUEST.    FOR  THE  OTHER
 EIGHTY PERCENT OF ALL AVAILABLE TICKETS IN A VENUE, AN OPERATOR OR OPER-
 ATOR'S AGENT MAY EMPLOY A PAPERLESS TICKETING SYSTEM THAT DOES NOT ALLOW
 FOR  INDEPENDENT  TRANSFERABILITY  only  if  the  consumer is offered an
 option at the time of initial sale to purchase the same tickets in  some
 other  form  that  is transferable independent of the operator or opera-
 tor's agent including, but not limited to, paper tickets  or  e-tickets.
 The  established price for any given ticket shall be the same regardless
 of the form or transferability of such ticket. The ability for a  ticket
 to  be transferred independent of the operator or operator's agent shall
 not constitute a special service for the purpose of imposing  a  service
 charge pursuant to section 25.29 of this article.
   §  6. Section 25.30 of the arts and cultural affairs law is amended by
 adding a new subdivision 5 to read as follows:
   5. NO OPERATOR OR  ITS  AGENT  SHALL  TRANSFER  A  PROSPECTIVE  TICKET
 PURCHASER  THROUGH  ANY MEANS TO A LICENSEE OR SECONDARY TICKET RESELLER
 WITHOUT PROVIDING A CLEAR AND CONSPICUOUS DISCLOSURE  THAT  INFORMS  THE
 PROSPECTIVE PURCHASER THAT THE TICKET IS NOT BEING OFFERED BY THE OPERA-
 TOR  OR  ITS AGENT, BUT RATHER BY A LICENSEE OR OTHER TICKET RESELLER IN
 THE SECONDARY MARKET.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, the amendments to article
 25 of the arts and cultural affairs law made by sections one, two, four,
 five and six of this act shall not affect the repeal of such article and
 shall be deemed repealed therewith.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8245--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced  by M. of A. O'DONNELL, FAHY -- read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development  --  reported
   and referred to the Committee on Codes -- recommitted to the Committee
   on  Codes  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the arts and cultural affairs law, in relation to the
   sale of tickets to places of entertainment; to amend  chapter  704  of
   the laws of 1991, amending the arts and cultural affairs law and chap-
   ter  912  of the laws of 1920 relating to the regulation of boxing and
   wrestling matches 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The arts and cultural affairs law is amended  by  adding  a
 new section 25.10 to read as follows:
   §  25.10.  TICKET  RESALE REQUIREMENTS. 1.  IT SHALL BE UNLAWFUL FOR A
 LICENSEE OR OTHER TICKET RESELLER TO CONTRACT FOR THE SALE OF TICKETS OR
 ACCEPT CONSIDERATION FOR PAYMENT IN FULL OR FOR A DEPOSIT FOR  THE  SALE
 OF  TICKETS  UNLESS  SUCH LICENSEE OR OTHER TICKET RESELLER MEETS ONE OR
 MORE OF THE FOLLOWING REQUIREMENTS:
   (A) SUCH LICENSEE OR OTHER TICKET  RESELLER  HAS  THE  TICKET  IN  ITS
 POSSESSION;
   (B)  SUCH  LICENSEE OR OTHER TICKET RESELLER HAS A WRITTEN CONTRACT TO
 OBTAIN THE OFFERED TICKET AT A CERTAIN PRICE FROM A PERSON IN POSSESSION
 OF THE TICKET OR FROM A PERSON WHO HAS A  CONTRACTUAL  RIGHT  TO  OBTAIN
 SUCH TICKET; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11767-15-8
              

 A. 8245--B                          2
 
   (C)  SUCH LICENSEE OR OTHER TICKET RESELLER INFORMS THE PURCHASER IN A
 CLEAR AND CONSPICUOUS MANNER AND IN PLAIN LANGUAGE AT THE TIME OF OFFER-
 ING SUCH TICKET FOR SALE AND IN A WRITTEN NOTICE PRIOR TO THE COMPLETION
 OF THE TRANSACTION THAT SUCH LICENSEE OR OTHER TICKET RESELLER DOES  NOT
 HAVE  POSSESSION  OF  THE  TICKET, HAS NO CONTRACT TO OBTAIN THE OFFERED
 TICKET AT A CERTAIN PRICE FROM A PERSON IN POSSESSION OF THE  TICKET  OR
 FROM A PERSON WHO HAS A CONTRACTUAL RIGHT TO OBTAIN SUCH TICKET, MAY NOT
 BE ABLE TO SUPPLY THE TICKET AT THE CONTRACTED PRICE OR RANGE OF PRICES,
 AND REQUIRES SUCH PURCHASER TO EXPRESSLY CONFIRM PRIOR TO COMPLETING THE
 TRANSACTION THAT THE PURCHASER HAS READ SUCH NOTICE.
   2.  NOTHING  IN THIS SECTION SHALL PROHIBIT A LICENSEE OR OTHER TICKET
 RESELLER FROM ACCEPTING A DEPOSIT FROM A  PROSPECTIVE  PURCHASER  FOR  A
 RESALE  PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION ONE OF THIS SECTION,
 PROVIDED THAT  SUCH  LICENSEE  OR  OTHER  TICKET  RESELLER  INFORMS  THE
 PURCHASER  IN  WRITING PRIOR TO RECEIPT OF CONSIDERATION OF THE TERMS OF
 THE DEPOSIT AGREEMENT, AND INCLUDES IN THE WRITTEN  NOTICE  THE  DISCLO-
 SURES  OTHERWISE  REQUIRED  BY  THIS  SECTION.  IF  A LICENSEE OR TICKET
 RESELLER HAS ENTERED INTO A CONTRACT WITH OR RECEIVED CONSIDERATION FROM
 A PROSPECTIVE PURCHASER FOR THE SALE OF A TICKET OR TICKETS  AND  CANNOT
 SUPPLY  SUCH  TICKET  OR TICKETS AT THE CONTRACTED PRICE OR PRICE RANGE,
 SUCH LICENSEE OR TICKET RESELLER SHALL REFUND ANY MONIES  PAID  BY  SUCH
 PROSPECTIVE  PURCHASER  WITHIN TEN BUSINESS DAYS OF RECEIPT OF A REQUEST
 FOR A REFUND FROM SUCH PURCHASER.
   3. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED  TO  NULLIFY,  EXPAND,
 RESTRICT,  OR OTHERWISE AMEND OR MODIFY NOW EXISTING LAWS OR REGULATIONS
 OUTSIDE OF THIS ARTICLE, AND NOTHING IN THIS SECTION SHALL BE  CONSTRUED
 AS  MAKING  LAWFUL ANY FRAUDULENT, DECEPTIVE, OR ILLEGAL ACT OR PRACTICE
 THAT IS UNLAWFUL PURSUANT TO NOW EXISTING LAWS OR REGULATIONS.
   4. 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.
   § 2. Section 25.19 of the arts and cultural affairs law, as amended by
 chapter 61 of the laws of 2007, is amended to read as follows:
   § 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, INCLUDING VIA A RETAIL
 TICKET PURCHASING PLATFORM, to provide a LICENSE NUMBER DISPLAYED  IN  A
 CONSPICUOUS MANNER OR 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 inspectors. It shall be unlawful for any person,
 firm, partnership or corporation 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.
 FOR  PURPOSES  OF THIS SECTION, THE TERM "RETAIL TICKET PURCHASING PLAT-

 A. 8245--B                          3
 
 FORM" SHALL MEAN A RETAIL TICKET PURCHASING WEBSITE, APPLICATION,  PHONE
 SYSTEM, OR OTHER TECHNOLOGY PLATFORM USED TO SELL TICKETS.
   § 3. 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:
   § 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.  AN  ONLINE  RESALE  MARKETPLACE SHALL POST A CLEAR AND CONSPICUOUS
 NOTICE ON THE WEBSITE THAT THE WEBSITE IS FOR THE SECONDARY  SALE  OF  A
 TICKET,  THAT  THE  PRICE OF SUCH TICKET OFFERED FOR SALE MAY EXCEED THE
 ESTABLISHED PRICE AND SHALL ALSO STATE THE REFUND POLICY OF THE PLATFORM
 IN CONNECTION WITH THE CANCELLATION OR  POSTPONEMENT  OF  AN  EVENT.  AN
 ONLINE  RESALE  MARKETPLACE  SHALL  REQUIRE THAT THE USER CONFIRM HAVING
 READ SUCH NOTICE BEFORE COMPLETING ANY TRANSACTION.  FOR THE PURPOSES OF
 THIS SECTION, AN "ONLINE  RESALE  MARKETPLACE"  MEANS  ANY  OPERATOR  OR
 MANAGER OF A WEBSITE OR OTHER ELECTRONIC SERVICE THAT RESELLS TICKETS OR
 SERVES AS A PLATFORM TO FACILITATE RESALE, OR RESALE BY WAY OF A COMPET-
 ITIVE BIDDING PROCESS.
   §  4. Section 25.24 of the arts and cultural affairs law is amended by
 adding a new subdivision 10 to read as follows:
   10. ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO  IS  A  LICENSEE
 UNDER  THIS  ARTICLE WHO IS ADJUDICATED GUILTY OF THE FOLLOWING ACTS MAY
 LOSE THEIR LICENSE AND MAY BE BARRED FROM LICENSURE UNDER  THIS  ARTICLE
 FOR  A  PERIOD NOT TO EXCEED THREE YEARS TO BE DETERMINED BY THE DEPART-
 MENT OF STATE PURSUANT TO SECTION 25.31 OF THIS ARTICLE IF  SUCH  LICEN-
 SEE:  (A)  KNOWINGLY  UTILIZED  TICKET  PURCHASING  SOFTWARE IN ORDER TO
 PURCHASE TICKETS; (B) KNOWINGLY RESOLD OR OFFERED  TO  RESELL  A  TICKET
 THAT  SUCH  LICENSEE KNEW WAS OBTAINED USING TICKET PURCHASING SOFTWARE;
 OR (C) INTENTIONALLY  MAINTAINED  ANY  INTEREST  IN  OR  MAINTAINED  ANY
 CONTROL OF THE OPERATION OF TICKET PURCHASING SOFTWARE TO PURCHASE TICK-
 ETS.
   §  5. Section 25.07 of the arts and cultural affairs law is amended by
 adding a new subdivision 4 to read as follows:
   4. EVERY OPERATOR OR OPERATOR'S AGENT OF A PLACE OF ENTERTAINMENT, ANY
 LICENSEE OR OTHER TICKET  RESELLER  OR  PLATFORM  THAT  FACILITATES  THE
 RESALE  OF  TICKETS SHALL DISCLOSE IN A CLEAR AND CONSPICUOUS MANNER THE
 TOTAL PRICE OF THE TICKET AND THE PORTION OF THE TICKET PRICE STATED  IN
 DOLLARS  THAT REPRESENTS A SERVICE CHARGE, OR ANY OTHER FEE OR SURCHARGE
 PRIOR TO ACCEPTING PAYMENT THEREFOR.
   § 6. The arts and cultural affairs law is  amended  by  adding  a  new
 section 25.12 to read as follows:
   §  25.12.  PROFESSIONAL SPORTS ORGANIZATION MEMBERSHIP PASS.  NOTWITH-
 STANDING SECTION 25.30 OF THIS ARTICLE, AN OPERATOR OF A PLACE OF ENTER-
 TAINMENT OR SUCH OPERATOR'S AGENT MAY OFFER PAPERLESS TICKETS  WHICH  DO

 A. 8245--B                          4
 
 NOT ALLOW FOR INDEPENDENT TRANSFERABILITY PROVIDED THAT SUCH TICKETS ARE
 INCLUDED IN A MEMBERSHIP PASS AT A DISCOUNTED PRICE OFFERED BY A PROFES-
 SIONAL  SPORTS  ORGANIZATION THAT GUARANTEES ENTRY TO A SPECIFIED NUMBER
 OF  EVENTS  IN  A  SPECIFIED  TIME  PERIOD.  TICKETS PROVIDED UNDER SUCH
 MEMBERSHIP PASS CANNOT BE TRANSFERRED OR RESOLD, INCLUDING  THROUGH  THE
 OPERATOR  OR OPERATORS' AGENTS, AND MUST BE CLEARLY MARKED AS SUCH. SUCH
 MEMBERSHIP PASS SHALL NOT MEAN A SUBSCRIPTION OR SEASON  TICKET  PACKAGE
 OFFERED  FOR  SALE  AND  SHALL  NOT RESULT IN THE SALE OF MORE THAN FIVE
 PERCENT OF ALL SEATS AVAILABLE AT A VENUE FOR A PARTICULAR EVENT.
   § 7. Section 25.30 of the arts and cultural affairs law is amended  by
 adding a new subdivision 5 to read as follows:
   5.  NO  OPERATOR  OR  ITS  AGENT  SHALL  TRANSFER A PROSPECTIVE TICKET
 PURCHASER THROUGH ANY MEANS TO A LICENSEE OR SECONDARY  TICKET  RESELLER
 WITHOUT  PROVIDING  A  CLEAR AND CONSPICUOUS DISCLOSURE THAT INFORMS THE
 PROSPECTIVE PURCHASER THAT THE TICKET IS NOT BEING OFFERED BY THE OPERA-
 TOR OR ITS AGENT, BUT RATHER BY A LICENSEE OR OTHER TICKET  RESELLER  IN
 THE SECONDARY MARKET.
   §  8.  The  arts  and  cultural affairs law is amended by adding a new
 section 25.34 to read as follows:
   § 25.34. TICKET WEBSITES. 1. AS USED IN THIS SECTION:
   (A) "TICKET WEBSITE" MEANS AN INTERNET WEBSITE ADVERTISING THE SALE OF
 TICKETS, OFFERING THE SALE OF SUCH TICKETS, OR FACILITATING A  SECONDARY
 TICKET EXCHANGE.
   (B)  "URL"  MEANS  THE  UNIFORM  RESOURCE LOCATOR FOR A WEBSITE ON THE
 INTERNET.
   2. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON TO, WITH INTENT TO  MISLEAD
 OR DECEIVE, OWN, OPERATE, OR CONTROL A TICKET WEBSITE FOR AN EVENT SCHE-
 DULED AT A PLACE OF ENTERTAINMENT TO USE A SUBDOMAIN OR DOMAIN NAME IN A
 TICKET WEBSITE'S URL THAT CONTAINS:
   (I)  THE  NAME OF THE PLACE OF ENTERTAINMENT, PROVIDED THAT THIS PARA-
 GRAPH SHALL NOT PRECLUDE THE USE OF GENERAL TERMS TO DEPICT A  GEOGRAPH-
 ICAL LOCATION OR VENUE CATEGORY;
   (II) THE NAME OF THE SPECIFIC EVENT, INCLUDING THE NAME OF A PERSON OR
 ENTITY SCHEDULED TO PERFORM OR APPEAR AT THE EVENT; OR
   (III)  A  NAME  SUBSTANTIALLY  SIMILAR TO THOSE IN SUBPARAGRAPH (I) OR
 (II) OF THIS PARAGRAPH.
   (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IF THE PERSON IS
 ACTING ON BEHALF OF, AND WITH  THE  CONSENT  OF,  THE  PLACE  OF  ENTER-
 TAINMENT,  EVENT,  ARTIST  OR SPORTS TEAM FOR WHICH THE WEBSITE IS BEING
 CREATED.
   3. ANY PERSON, FIRM, CORPORATION OR  OTHER  ENTITY  WHO  INTENTIONALLY
 OWNS,  OPERATES,  OR  CONTROLS SUCH TICKET WEBSITE SHALL BE SUBJECT TO A
 CIVIL PENALTY IN AN AMOUNT OF NO MORE THAN  ONE  THOUSAND  FIVE  HUNDRED
 DOLLARS FOR EACH SUCH VIOLATION.
   4. ANY PERSON WHO IS SUBJECT TO A CIVIL PENALTY UNDER THIS SECTION AND
 HAS  BEEN  ASSESSED  A  PENALTY UNDER THIS SECTION IN THE PREVIOUS THREE
 YEARS SHALL BE ASSESSED A CIVIL PENALTY OF NO MORE  THAN  FIVE  THOUSAND
 DOLLARS FOR EACH SUCH VIOLATION.
   5.  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.
   §  9.  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 68 of the laws of 2017,
 is amended to read as follows:

 A. 8245--B                          5
 
   § 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 June 30, [2018] 2021 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.
   § 10. 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 68 of the laws of 2017, is amended
 to read as follows:
   § 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 June 30, [2018] 2021 when
 upon such date such provisions shall expire and be deemed repealed.
   § 11. This act shall take effect immediately; provided however that:
   (a) sections one, two, three, four, five, seven and eight of this  act
 shall  take  effect on the one hundred eightieth day after it shall have
 become a law; and
   (b) the amendments to article 25 of the arts and cultural affairs  law
 made by sections one, two, three, five, six, seven and eight of this act
 shall not affect the repeal of such article and shall be deemed repealed
 therewith.