Senate Bill S6280A

2017-2018 Legislative Session

Relates to disclosing whether a ticket for sale has a physical seat location or is for standing or general admission

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jun 02, 2017	print number 6280a
Jun 02, 2017	amend and recommit to investigations and government operations
May 11, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2017-S6280 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §25.13, Arts & Cul L

2017-S6280 - Summary

Relates to requiring the operator or the promoter to determine whether a ticket for sale has a physical seat location, or if the ticket requires the purchaser to stand for the duration of the performance, and requires the disclosure of such information; provides every sale or resale of such ticket shall also include such disclosure.

2017-S6280 - Sponsor Memo

                                 BILL NUMBER:  S6280

 TITLE OF BILL :  An act to amend the arts and cultural affairs law,
in relation to disclosing whether a ticket for sale has a physical
seat location or is for standing or general admission

 PURPOSE OR GENERAL IDEA OF BILL :

Requires the  disclosure of whether a ticket sale is for
general/standing admission

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends 25.13 of the arts and cultural affairs law

Section 2. Amends 25.13 of the arts and cultural affairs law as added
by chapter 876 of the laws of 1983

Section 3. Effective Date

 JUSTIFICATION :

This legislation would protect consumers from unknowingly buying
tickets to performances which would require consumers to stand for the
duration of the performance. The ticket resale market is a huge
industry and we need to make sure that consumers fully understand what

they are buying. Stubhub and other retailers must make it abundantly
clear to consumers.

Resale ticket sites must make this information available so consumers
may be knowledgeable about the ticket they are buying. Some of these
ticket reselling marketplaces are purposefully misleading customers by
using the word "seat" when in fact, these tickets do not provide for
an actual seat.

Many individuals may be unable or unwilling to stand for an entire
performance. When an individual purchases a ticket for a performance,
it is reasonable to assume there will be physical seats. Both the
original seller and ticket resellers will be required to make this
disclosure to the purchaser. Full and complete disclosure will ensure
the consumer is fully informed.

This legislation also has a civil penalty for failure to disclose to
the lack of seats to the consumer and refund the consumer.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately

2017-S6280 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6280
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
   disclosing  whether  a ticket for sale has a physical seat location or
   is for standing or general admission

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of section 25.13 of the arts and cultural
 affairs law, as renumbered by chapter 68 of the laws of 2009, is  renum-
 bered subdivision 5 and a new subdivision 4 is added to read as follows:
   4.  THE  OPERATOR OR THE PROMOTER SHALL DETERMINE WHETHER A TICKET FOR
 SALE HAS A PHYSICAL  SEAT  LOCATION,  OR  IF  THE  TICKET  REQUIRES  THE
 PURCHASER  TO  STAND  FOR  THE  DURATION  OF  THE PERFORMANCE, AND SHALL
 DISCLOSE SUCH INFORMATION. EVERY SALE OR RESALE  OF  SUCH  TICKET  SHALL
 INCLUDE A DISCLOSURE THAT A TICKET IS STANDING OR GENERAL ADMISSION. ANY
 PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO VIOLATES THE PROVISIONS OF
 THIS  SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO
 LESS THAN FIVE HUNDRED DOLLARS AND  NOT  MORE  THAN  ONE  THOUSAND  FIVE
 HUNDRED  DOLLARS  FOR  EACH SUCH VIOLATION AND SHALL FORFEIT ALL PROFITS
 MADE FROM THE SALE OR RESALE OF SUCH TICKETS.  ADDITIONALLY, ANY PERSON,
 FIRM, CORPORATION OR OTHER ENTITY WHO VIOLATES THE  PROVISIONS  OF  THIS
 SUBDIVISION  SHALL  REFUND  THE  PURCHASER  THE  FULL  PRICE PAID BY THE
 PURCHASER FOR THE TICKET.
   § 2. Section 25.13 of the arts and cultural affairs law, as  added  by
 chapter 876 of the laws of 1983, is amended to read as follows:
   § 25.13. Printing  price  on ticket. Every person, firm or corporation
 who owns, operates or controls a theatre, place of amusement  or  enter-
 tainment,  or  other  place where public exhibitions, games, contests or
 performances are held shall, if a price be charged for admission  there-
 to, print on the face of each such ticket or other evidence of the right
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09108-04-7

 S. 6280                             2
 
 of entry the price charged therefor by such person, firm or corporation.
 Such  person, firm or corporation shall likewise be required to print or
 endorse thereon the maximum premium (not to  exceed  two  dollars,  plus
 lawful  taxes),  at  which such ticket or other evidence of the right of
 entry may be resold or offered for resale. It shall be unlawful for  any
 person,  firm or corporation to resell or offer to resell such ticket or
 other evidence of the right of entry at any premium or price  in  excess
 of  such maximum premium printed or endorsed thereon, plus lawful taxes,
 or so that the ultimate price to the  purchaser  of  such  ticket  shall
 exceed  a sum in excess of two dollars over and above the original price
 charged for admission as printed on the face  of  each  such  ticket  or
 other evidence of the right of entry, plus lawful taxes. THE OPERATOR OR
 THE  PROMOTER  SHALL  DETERMINE WHETHER A TICKET FOR SALE HAS A PHYSICAL
 SEAT LOCATION, OR IF THE TICKET REQUIRES THE PURCHASER TO STAND FOR  THE
 DURATION  OF THE PERFORMANCE, AND SHALL DISCLOSE SUCH INFORMATION. EVERY
 SALE OR RESALE OF SUCH TICKET SHALL INCLUDE A DISCLOSURE THAT  A  TICKET
 IS STANDING OR GENERAL ADMISSION. ANY PERSON, FIRM, CORPORATION OR OTHER
 ENTITY WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
 CIVIL  PENALTY IN AN AMOUNT OF NO LESS THAN FIVE HUNDRED DOLLARS AND NOT
 MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION  AND
 SHALL  FORFEIT ALL PROFITS MADE FROM THE SALE OR RESALE OF SUCH TICKETS.
 ADDITIONALLY, ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO VIOLATES
 THE PROVISIONS OF THIS SECTION SHALL REFUND THE PURCHASER THE FULL PRICE
 PAID BY THE PURCHASER FOR THE TICKET.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  25.13 of the arts and cultural affairs law
 made by section one of this act shall be subject to the  expiration  and
 reversion  of  such  section pursuant to section 4 of chapter 704 of the
 laws of 1991, as amended, when upon such date the provisions of  section
 two of this act shall take effect.

2017-S6280A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §25.13, Arts & Cul L

2017-S6280A (ACTIVE) - Summary

2017-S6280A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6280A

 TITLE OF BILL :  An act to amend the arts and cultural affairs law,
in relation to disclosing whether a ticket for sale has a physical
seat location or is for standing or general admission

 PURPOSE OR GENERAL IDEA OF BILL :

Requires the disclosure of whether a ticket sale is for
general/standing admission

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends 25.13 of the arts and cultural affairs law

Section 2. Amends 25.13 of the arts and cultural affairs law as added
by chapter 876 of the laws of 1983

Section 3. Effective Date

 JUSTIFICATION :

This legislation would protect consumers from unknowingly buying
tickets to performances which would require consumers to stand for the
duration of the performance. The ticket resale market is a huge
industry and we need to make sure that consumers fully understand what

they are buying. Stubhub and other retailers must make it abundantly
clear to consumers.

Resale ticket sites must make this information available so consumers
may be knowledgeable about the ticket they are buying. Some of these
ticket reselling marketplaces are purposefully misleading customers by
using the word "seat" when in fact, these tickets do not provide for
an actual seat.

Many individuals may be unable or unwilling to stand for an entire
performance. When an individual purchases a ticket for a performance,
it is reasonable to assume there will be physical seats. Both the
original seller and ticket resellers will be required to make this
disclosure to the purchaser. Full and complete disclosure will ensure
the consumer is fully informed.

This legislation also has a civil penalty for failure to disclose to
the lack of seats to the consumer and refund the consumer.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE :
Immediately

2017-S6280A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6280--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  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
   disclosing whether a ticket for sale has a physical seat  location  or
   is for standing or general admission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 25.13 of  the  arts  and  cultural
 affairs  law, as renumbered by chapter 68 of the laws of 2009, is renum-
 bered subdivision 5 and a new subdivision 4 is added to read as follows:
   4. THE OPERATOR OR THE PROMOTER SHALL DETERMINE WHETHER A  TICKET  FOR
 SALE  HAS  A  PHYSICAL  SEAT  LOCATION,  OR  IF  THE TICKET REQUIRES THE
 PURCHASER TO STAND FOR  THE  DURATION  OF  THE  PERFORMANCE,  AND  SHALL
 DISCLOSE  SUCH  INFORMATION.  EVERY  SALE OR RESALE OF SUCH TICKET SHALL
 INCLUDE A DISCLOSURE THAT A TICKET IS STANDING OR DOES NOT HAVE A  PHYS-
 ICAL  SEAT LOCATION.   ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO
 VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL BE SUBJECT TO A  CIVIL
 PENALTY  IN  AN AMOUNT OF NO LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE
 THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION AND SHALL
 FORFEIT ALL PROFITS MADE FROM THE SALE OR RESALE OF SUCH TICKETS.  ADDI-
 TIONALLY, ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO VIOLATES THE
 PROVISIONS OF THIS SUBDIVISION SHALL REFUND THE PURCHASER THE FULL PRICE
 PAID BY THE PURCHASER FOR THE TICKET.
   § 2. Section 25.13 of the arts and cultural affairs law, as  added  by
 chapter 876 of the laws of 1983, is amended to read as follows:
   § 25.13. Printing  price  on ticket. Every person, firm or corporation
 who owns, operates or controls a theatre, place of amusement  or  enter-
 tainment,  or  other  place where public exhibitions, games, contests or
 performances are held shall, if a price be charged for admission  there-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09108-05-7

 S. 6280--A                          2
 
 to, print on the face of each such ticket or other evidence of the right
 of entry the price charged therefor by such person, firm or corporation.
 Such  person, firm or corporation shall likewise be required to print or
 endorse  thereon  the  maximum  premium (not to exceed two dollars, plus
 lawful taxes), at which such ticket or other evidence of  the  right  of
 entry  may be resold or offered for resale. It shall be unlawful for any
 person, firm or corporation to resell or offer to resell such ticket  or
 other  evidence  of the right of entry at any premium or price in excess
 of such maximum premium printed or endorsed thereon, plus lawful  taxes,
 or  so  that  the  ultimate  price to the purchaser of such ticket shall
 exceed a sum in excess of two dollars over and above the original  price
 charged  for  admission  as  printed  on the face of each such ticket or
 other evidence of the right of entry, plus lawful taxes. THE OPERATOR OR
 THE PROMOTER SHALL DETERMINE WHETHER A TICKET FOR SALE  HAS  A  PHYSICAL
 SEAT  LOCATION, OR IF THE TICKET REQUIRES THE PURCHASER TO STAND FOR THE
 DURATION OF THE PERFORMANCE, AND SHALL DISCLOSE SUCH INFORMATION.  EVERY
 SALE  OR  RESALE OF SUCH TICKET SHALL INCLUDE A DISCLOSURE THAT A TICKET
 IS STANDING OR DOES NOT HAVE A PHYSICAL  SEAT  LOCATION.    ANY  PERSON,
 FIRM,  CORPORATION  OR  OTHER ENTITY WHO VIOLATES THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO LESS THAN
 FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS
 FOR EACH SUCH VIOLATION AND SHALL FORFEIT ALL PROFITS MADE FROM THE SALE
 OR RESALE OF SUCH TICKETS.  ADDITIONALLY, ANY PERSON, FIRM,  CORPORATION
 OR OTHER ENTITY WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL REFUND
 THE PURCHASER THE FULL PRICE PAID BY THE PURCHASER FOR THE TICKET.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 25.13 of the arts  and  cultural  affairs  law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such section pursuant to section 4 of chapter  704  of  the
 laws  of 1991, as amended, when upon such date the provisions of section
 two of this act shall take effect.

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Senate Bill S6280A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2017-S6280 - Details

2017-S6280 - Summary

2017-S6280 - Sponsor Memo

2017-S6280 - Bill Text download pdf

2017-S6280A (ACTIVE) - Details

2017-S6280A (ACTIVE) - Summary

2017-S6280A (ACTIVE) - Sponsor Memo

2017-S6280A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2017-S6280 - Details

2017-S6280 - Summary

2017-S6280 - Sponsor Memo

2017-S6280 - Bill Text download pdf

2017-S6280A (ACTIVE) - Details

2017-S6280A (ACTIVE) - Summary

2017-S6280A (ACTIVE) - Sponsor Memo

2017-S6280A (ACTIVE) - Bill Text download pdf

Comments