Senate Bill S3702

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3702
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 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".
   §  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.
   § 3. The general business law is amended by adding a new article 40 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.
                                                            LBD00192-01-7
              

 S. 3702                             2
 
         901. PUBLIC DISCLOSURE OF  TICKET  SALES  AND  AVAILABILITY  AND
                NUMBERS THEREOF.
         902. CIVIL PENALTY.
   §  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.
   § 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.
   §  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.
   § 4. This act shall take effect immediately.