S T A T E O F N E W Y O R K
________________________________________________________________________
6645
2017-2018 Regular Sessions
I N S E N A T E
June 9, 2017
___________
Introduced by Sen. MURPHY -- 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 the
online resale 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 25.23 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. NO OPERATOR OR ITS AGENT SHALL TRANSFER A PROSPECTIVE TICKET
PURCHASER THROUGH ANY MEANS TO A SECONDARY SELLER WITHOUT PROVIDING A
CLEAR AND CONSPICUOUS DISCLOSURE THAT INFORMS THE PROSPECTIVE PURCHASER
THAT THE TICKET OFFERED IS IN THE SECONDARY MARKET.
3. 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 AND THAT THE PRICE OF SUCH TICKET OFFERED FOR SALE MAY EXCEED THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11681-04-7
S. 6645 2
ESTABLISHED PRICE AND 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 STARTING 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 SERVES AS A PLATFORM TO FACILITATE
RESALE, OR RESALE BY WAY OF A COMPETITIVE BIDDING PROCESS, SOLELY
BETWEEN THIRD PARTIES AND DOES NOT IN ANY OTHER MANNER ENGAGE IN THE
RESALE OF TICKETS TO PLACES OF ENTERTAINMENT.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 25.23 made by section one of this act shall
not affect the repeal and reversion of such section and shall be deemed
repealed therewith.