NY State Senate Bill 2017-S3753

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Feb 21, 2017	committee discharged and committed to investigations and government operations
Jan 26, 2017	referred to cultural affairs, tourism, parks and recreation

2017-S3753 (ACTIVE) - Details

See Assembly Version of this Bill:: A5214
Current Committee:: Senate Investigations And Government Operations
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §§25.23 & 25.29, Arts & Cul L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6962
2015-2016: S2615, A6805
2019-2020: S3617, A7444

2017-S3753 (ACTIVE) - Summary

Relates to ticket pricing and extends certain provisions of the arts and cultural affairs law.

2017-S3753 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3753

 TITLE OF BILL :  An act to amend the arts and cultural affairs law,
in relation to ticket pricing

 PURPOSE :

To require the advertised price for admission to show the full price,
including charges and fees.

 SUMMARY OF PROVISIONS :

Section 1 amends section 25.23 of the Arts and Cultural Affairs Law by
adding that the advertised price for admission shall include the
entire price including charges and fees, although charges and fees
included within the entire price may be described separately or
through links on websites that display the total price.

Section 2 amends section 25.29 subdivision 1 of the Arts and Cultural
Affairs Law by adding section 2 stating that the advertised price for
admission shall include the entire price to be paid including charges
and fees, although charges included within the entire price may be
described separately or through links on the websites that display the
total price.

 JUSTIFICATION :

The fees added to ticket sales are rising quickly. They come under a
variety of names such as the facility fee, handling fee, processing
fee, printing fee, but in the end, consumers are paying up to 25% more
per ticket than the stated price.

Ticket sales companies and event venues are entitled to make a profit,
but consumers should have full knowledge of the total cost of the
ticket they are purchasing up front, not after they have already
decided on a seat and have navigated through complicated box offices,
phone calls, or website requests.

This bill would just require the posting and advertising of the full
price of a ticket, including fees and charges so consumers will know
the complete price prior to purchase. This bill in no way restricts a
venue or ticket sales company in setting their ticket prices.

 LEGISLATIVE HISTORY :

2016-16:S. 2615 Investigations and Government Operations/ A. 6805
Tourism, Parks, Arts and Sports Development
2013-14:S. 6962-A Rules/ No Same As

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that:
A. The amendments to section 25.23 of the Arts and Cultural Affairs
Law made by section one of this act shall not affect the repeal of
such section and shall be deemed repealed therewith; and
B. The amendments to section 25.29 of the Arts and Cultural Affairs
Law made by section two of this act shall not affect the repeal of
such section and shall be repealed therewith.

2017-S3753 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3753
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the  Committee  on  Cultural  Affairs,
   Tourism, Parks and Recreation
 
 AN ACT to amend the arts and cultural affairs law, in relation to ticket
   pricing
 
   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.   THE PRICE OF ADMISSION DISCLOSED AT  THE  INITIATION  OF  A  SALE
 (INCLUDING  FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE PRICE TO
 BE PAID INCLUSIVE OF ALL SERVICE CHARGES AND FEES, ALTHOUGH SUCH CHARGES
 AND FEES INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR
 THROUGH LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE.  DELIVERY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09206-01-7

 S. 3753                             2
 
 FEES  DO  NOT  NEED  TO  BE  INCLUDED  IN  THE ENTIRE PRICE, BUT MUST BE
 DISCLOSED PRIOR TO COMPLETION OF A SALE.
   § 2. 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.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 THE  PRICE OF ADMISSION DISCLOSED AT THE INITIATION OF A SALE (INCLUDING
 FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE  PRICE  TO  BE  PAID
 INCLUSIVE  OF  ALL  SERVICE  CHARGES AND FEES, ALTHOUGH SUCH CHARGES AND
 FEES INCLUDED WITHIN THE ENTIRE PRICE MAY  BE  DESCRIBED  SEPARATELY  OR
 THROUGH  LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE. DELIVERY
 FEES DO NOT NEED TO BE  INCLUDED  IN  THE  ENTIRE  PRICE,  BUT  MUST  BE
 DISCLOSED PRIOR TO COMPLETION OF A SALE.
   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.
   § 3. This act shall take effect immediately; provided, however, that:
   a. the amendments to section 25.23 of the arts  and  cultural  affairs
 law  made by section one of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith; and
   b. the amendments to section 25.29 of the arts  and  cultural  affairs
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.

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Senate Bill S3753

Sponsored By

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

2017-S3753 (ACTIVE) - Details

2017-S3753 (ACTIVE) - Summary

2017-S3753 (ACTIVE) - Sponsor Memo

2017-S3753 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3753

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Sponsored By

Carl L. Marcellino

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

2017-S3753 (ACTIVE) - Details

2017-S3753 (ACTIVE) - Summary

2017-S3753 (ACTIVE) - Sponsor Memo

2017-S3753 (ACTIVE) - Bill Text download pdf

Comments