NY State Senate Bill S8501B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2018	signed chap.110
Jun 28, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly ordered to third reading rules cal.444 substituted for a8245c referred to codes delivered to assembly passed senate
Jun 19, 2018	ordered to third reading cal.1964 committee discharged and committed to rules
Jun 17, 2018	print number 8501b
Jun 17, 2018	amend and recommit to investigations and government operations
Jun 15, 2018	print number 8501a
Jun 15, 2018	amend (t) and recommit to investigations and government operations
May 09, 2018	referred to investigations and government operations

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S8501 - Details

See Assembly Version of this Bill:: A8245
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §§25.19, 25.23, 25.24, 25.07 & 25.30, add §§25.10, 25.12 & 25.34, Arts & Cul L; amd §4, Chap 704 of 1991; amd §11, Chap 151 of 2010

S8501 - Summary

Relates to the sale of tickets to places of entertainment; establishes notice and disclosure requirements for the sale or resale of tickets.

S8501 - Sponsor Memo

 
BILL NUMBER: S8501

SPONSOR: MURPHY
 
TITLE OF BILL:

An act to amend the arts and cultural affairs law, in relation to ticket
websites; the online resale of tickets to places of entertainment; the
sale of tickets to places of entertainment; the licensing fee for ticket
resellers; ticket resellers operating a retail ticket purchasing plat-
form provide a link to a copy of their license; and the resale of tick-
ets to places of entertainment; to amend 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, in relation to the
effectiveness thereof; and to amend 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 the effectiveness thereof

 
PURPOSE:

To extend the current article 25 of the arts and cultural affairs law,
which is set to expire on June 30, 2018, and to enact a number of

reforms that will provide fairness measures and additional transparency
for consumers accessing and purchasing tickets to places of enter-
tainment.

 
SUMMARY OF PROVISIONS:

Section 1 amends arts and cultural affairs law to add a new section
25.34 that will prohibit the practice of "URL fraud", using websites
that closely resemble official websites for ticket purchases to direct
consumers to the website of an entity not affiliated with the venue or
performers selling such tickets, and contains a penalty structure for
violations of this prohibition.

Section 2 amends arts and cultural affairs law section 25.23 to require
ticket sale operators or their agents to inform consumers when a ticket
is being sold by licensed ticket reseller in the secondary ticket
market. It also requires online ticket marketplaces to inform consumers
that tickets listed there are on the secondary market, that a ticket's
price may exceed the established price of such ticket, and provide the
marketplace's refund policy.

Section 3 amends arts and cultural affairs law section 25.07 to require
primary sellers of tickets to establish a refund policy in the same
manner that secondary ticket resellers currently do.

Section 4 amends arts and cultural affairs law section 25.13 to reduce
the annual licensure fee for ticket resellers from $5,000 to $2,500.

Section 5 amends arts and cultural affairs law section 25.19 to ensure
that ticket reseller licensees selling on ticket sale platforms post
hyperlinks to copies of their licenses in the same manner as they
current do for online sales.

Section 6 amends the arts and cultural affairs law to add a new section
25.10 that will prohibit the practice of "speculative ticketing",
reselling a ticket when the reseller does not have possession of the
ticket or is in a written contract to obtain the ticket.
Section 7 amends arts and cultural affairs law section 25.07 to require
operators of a place of entertainment and ticket resellers to disclose
the total price of a ticket, and the portion of the price that repres-
ents a service charge, fee, or surcharge, prior to accepting payment for
the ticket.

Sections 8 and 9 extend the current provisions of the arts and cultural
affairs law article 25 that are set to expire on June 30, 2018 to June
30, 2023.

Section 10: Establishes the effective date.

 
JUSTIFICATION:

Currently, arts and cultural affairs law article 25 governs the sale of
tickets to places of entertainment. In the 2010 legislative session,
significant changes were made to the regulation of the sale and resale
of tickets to places of entertainment. As the ticket market evolves,
ensuring the protection of consumers and their rights becomes increas-
ingly important.

This bill seeks to provide additional fairness measures by combating URL
fraud and speculative ticketing practices. It also provides enhanced
disclosure provisions, including notification of a ticket's sale on the
secondary market, primary seller refund policies, reseller license
disclosure on ticket purchasing platforms, and the total price of tick-
ets before completion of a transaction, that will afford consumers a
more equitable market for purchasing tickets to and ultimately enjoying
performances.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
25.34 of the arts and cultural affairs law, as added by section one of
this act, shall survive the expiration and reversion of article 25 of
such law as provided in section 4 of chapter 704 of the laws of 1991, as
amended; and provided, further, that the amendments to article 25 of the
arts and cultural affairs law made by sections two, three, four, five,
six and seven of this act, shall not affect the repeal and reversion of
such article and shall be deemed repealed therewith.

S8501 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8501
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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 ticket
   websites; the online resale of tickets to places of entertainment; the
   sale of tickets to places of  entertainment;  the  licensing  fee  for
   ticket  resellers; ticket resellers operating a retail ticket purchas-
   ing platform provide a link to a copy of their license; and the resale
   of tickets to places of entertainment; to amend  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 wres-
   tling matches relating to  tickets  to  places  of  entertainment,  in
   relation to the effectiveness thereof; and to amend 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  the
   effectiveness 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 25.34 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) A PERSON CREATING, OWNING, OPERATING, CONTROLLING, OR MAINTAIN-
 ING AN INTEREST IN A TICKET WEBSITE FOR AN EVENT SCHEDULED AT A PLACE OF
 ENTERTAINMENT  SHALL  NOT  USE  A  SUBDOMAIN  OR DOMAIN NAME IN A TICKET
 WEBSITE'S URL THAT CONTAINS:
   (I) ALL OR PART OF THE NAME OF THE PLACE OF ENTERTAINMENT;
   (II) ALL OR PART OF THE NAME OF THE EVENT, INCLUDING  THE  NAME  OF  A
 PERSON OR ENTITY SCHEDULED TO PERFORM OR APPEAR AT THE EVENT; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15773-02-8

 S. 8501                             2
 
   (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 THE PLACE OF ENTERTAINMENT FOR WHICH THE WEBSITE IS
 BEING CREATED.
   3. IT SHALL BE UNLAWFUL FOR ANY PERSON,  FIRM,  CORPORATION  OR  OTHER
 ENTITY  TO  CREATE, OWN, OPERATE, CONTROL, OR MAINTAIN ANY INTEREST IN A
 TICKET WEBSITE AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   4. ANY  PERSON,  FIRM,  CORPORATION  OR  OTHER  ENTITY  WHO  KNOWINGLY
 CREATES,  OWNS,  OPERATES,  CONTROLS, OR MAINTAINS AN INTEREST IN SUCH A
 TICKET WEBSITE SHALL BE SUBJECT TO A CIVIL PENALTY IN AN  AMOUNT  OF  NO
 LESS  THAN  FIVE  HUNDRED  DOLLARS  AND  NO  MORE THAN ONE THOUSAND FIVE
 HUNDRED DOLLARS FOR EACH SUCH VIOLATION, AND SHALL FORFEIT  ALL  PROFITS
 MADE FROM THE CREATION, OWNERSHIP, OPERATION, CONTROL, OR INTEREST IN OR
 OF SUCH WEBSITE.
   5.  ANY  PERSON,  FIRM,  CORPORATION OR OTHER ENTITY WHO INTENTIONALLY
 CREATES, OWNS, OPERATES, CONTROLS, OR MAINTAINS ANY INTEREST IN  SUCH  A
 TICKET  WEBSITE  SHALL  BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO
 LESS THAN SEVEN HUNDRED FIFTY DOLLARS AND NO MORE THAN ONE THOUSAND FIVE
 HUNDRED DOLLARS FOR EACH SUCH VIOLATION, AND SHALL FORFEIT  ALL  PROFITS
 MADE FROM THE CREATION, OWNERSHIP, OPERATION, CONTROL, OR INTEREST IN OR
 OF SUCH WEBSITE.
   6. ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO KNOWINGLY RESELLS
 OR  OFFERS  TO  RESELL  A  TICKET THAT SUCH PERSON, FIRM, CORPORATION OR
 OTHER ENTITY KNOWS WAS OBTAINED USING SUCH A TICKET WEBSITE AND WAS  NOT
 OBTAINED  FOR  THEIR OWN USE OR THE USE OF THEIR INVITEES, EMPLOYEES, OR
 AGENTS SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO LESS  THAN
 FIVE  HUNDRED DOLLARS AND NO MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS
 FOR EACH SUCH VIOLATION, AND SHALL FORFEIT ALL  PROFITS  MADE  FROM  THE
 SALE OF SUCH TICKET.
   7.  ANY  PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO FOR THE PURPOSE
 OF SELLING OR OFFERING TO SELL TICKETS IN ORDER TO DERIVE A PROFIT THER-
 EFROM (A) KNOWINGLY CREATES, OWNS, OPERATES, CONTROLS, OR MAINTAINS  ANY
 INTEREST  IN  SUCH  WEBSITE;  (B) INTENTIONALLY CREATES, OWNS, OPERATES,
 CONTROLS, OR MAINTAINS ANY INTEREST IN SUCH WEBSITE;  OR  (C)  KNOWINGLY
 RESELLS OR OFFERS TO RESELL A TICKET THAT SUCH PERSON, FIRM, CORPORATION
 OR  OTHER  ENTITY  KNOWS  WAS  OBTAINED  USING  SUCH WEBSITE AND WAS NOT
 OBTAINED FOR THEIR OWN USE OR THE USE OF THEIR INVITEES,  EMPLOYEES,  OR
 AGENTS, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   8. 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 GUILTY OF A VIOLATION AND MAY BE FINED NO LESS  THAN  ONE
 THOUSAND  DOLLARS  AND  NO MORE THAN FIVE THOUSAND DOLLARS FOR EACH SUCH
 VIOLATION AND SHALL FORFEIT ALL PROFITS FROM  THE  CREATION,  OWNERSHIP,
 OPERATION, CONTROL, OR INTEREST IN OR OF SUCH A TICKET WEBSITE, FROM THE
 SALE OF ANY TICKET KNOWINGLY SOLD ON SUCH WEBSITE, OR FROM THE RESALE OF
 ANY  TICKET  KNOWINGLY  SOLD  ON  SUCH  WEBSITE.  IN  ADDITION, A PERSON
 CONVICTED OF A VIOLATION UNDER THIS SECTION MAY BE REQUIRED  TO  FORFEIT
 ANY  AND  ALL  EQUIPMENT  USED IN THE CREATION, OWNERSHIP, OPERATION, OR
 CONTROL OF SUCH WEBSITE, OR IN THE SALE OR RESALE OF ANY TICKET KNOWING-
 LY SOLD ON SUCH A TICKET WEBSITE.
   9. 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 25.23 of the arts and cultural affairs law, as amended by
 chapter 106 of the laws of 2005, is amended to read as follows:

 S. 8501                             3
 
   § 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 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.
   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
 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.
   §  3.  Subdivision 2 of section 25.07 of the arts and cultural affairs
 law, as amended by chapter 61 of the laws of 2007, is amended to read as
 follows:
   2. Notwithstanding any other provision of law,  any  person,  firm  or
 corporation,  regardless  of whether or not licensed under this article,
 that SELLS OR resells  tickets  or  facilitates  the  resale  or  resale
 auction  of tickets between independent parties by any means, must guar-
 antee to each purchaser of such SOLD OR resold tickets that the  person,
 firm or corporation will provide a full refund of the amount paid by the
 purchaser  (including,  but  not limited to, all fees, regardless of how
 characterized) if any of the following occurs: (a) the event  for  which
 such  ticket  has been SOLD OR resold is cancelled, provided that if the
 event is cancelled then actual handling and delivery fees  need  not  be
 refunded  as  long as such previously disclosed guarantee specifies that
 such fees will not be refunded; (b) the ticket received by the purchaser
 does not grant the purchaser admission to the  event  described  on  the
 ticket, for reasons that may include, without limitation, that the tick-
 et  is  counterfeit  or that the ticket has been cancelled by the issuer
 due to non-payment, or that  the  event  described  on  the  ticket  was
 cancelled for any reason prior to purchase of the SOLD OR resold ticket,
 unless  the  ticket  is  cancelled  due  to  an  act or omission by such
 purchaser; or (c) the ticket fails to  conform  to  its  description  as
 advertised unless the buyer has pre-approved a substitution of tickets.

 S. 8501                             4
 
   §  4.  Subdivision 1 of section 25.13 of the arts and cultural affairs
 law, as amended by chapter 374 of the laws of 2007, is amended  to  read
 as follows:
   1.  No person, firm or corporation shall resell or engage in the busi-
 ness of reselling any tickets to a place of entertainment or operate  an
 internet  website  or any other electronic service that provides a mech-
 anism for two or more parties to participate in a resale transaction  or
 that facilitates resale transactions by the means of an auction, or own,
 conduct  or maintain any office, branch office, bureau, agency or sub-a-
 gency for such business without  having  first  procured  a  license  or
 certificate  for  each location at which business will be conducted from
 the secretary of state. Any operator or manager of a website 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 resales of tickets to places of entertainment shall  be
 exempt  from  the licensing requirements of this section. The department
 of state shall issue and deliver to  such  applicant  a  certificate  or
 license  to  conduct  such  business  and  to own, conduct or maintain a
 bureau, agency, sub-agency, office or branch office for the  conduct  of
 such  business  on  the  premises  stated  in  such application upon the
 payment by or on behalf of the applicant of a fee of [five] TWO thousand
 FIVE HUNDRED dollars and shall be renewed upon the payment of a like fee
 annually. Such license  or  certificate  shall  not  be  transferred  or
 assigned,  except  by permission of the secretary of state. Such license
 or certificate shall run to the first day of January  next  ensuing  the
 date  thereof,  unless  sooner  revoked  by the secretary of state. Such
 license or certificate shall  be  granted  upon  a  written  application
 setting  forth such information as the secretary of state may require in
 order to enable him or her to carry into effect the provisions  of  this
 article  and shall be accompanied by proof satisfactory to the secretary
 of state of the moral character of the applicant.
   § 5. 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  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  PLATFORM"  SHALL  MEAN  A  RETAIL  TICKET  PURCHASING

 S. 8501                             5
 
 WEBSITE, APPLICATION, PHONE SYSTEM, OR OTHER TECHNOLOGY PLATFORM USED TO
 SELL TICKETS.
   §  6.  The  arts  and  cultural affairs law is amended by adding a new
 section 25.10 to read as follows:
   § 25.10. RESALE OF TICKETS. 1. IT SHALL BE UNLAWFUL  FOR  ANY  PERSON,
 FIRM OR CORPORATION TO RESELL OR OFFER TO RESELL ANY TICKET, UNLESS SUCH
 PERSON, FIRM OR CORPORATION EITHER:
   (A) HAS POSSESSION OF THE TICKET;
   (B)  HAS  A WRITTEN CONTRACT TO OBTAIN THE OFFERED TICKET AT A CERTAIN
 PRICE FROM THE PERSON, FIRM OR CORPORATION IN POSSESSION OF  THE  TICKET
 OR  WHO  HAS A CONTRACTUAL RIGHT TO OBTAIN THE TICKET FROM THE OPERATOR;
 OR
   (C) THE PURCHASER IS NOTIFIED IN PLAIN LANGUAGE  THAT  PARAGRAPHS  (A)
 AND  (B)  OF THIS SUBDIVISION DO NOT APPLY, AND THAT THE PERSON, FIRM OR
 CORPORATION MAY NOT BE ABLE TO SUPPLY THE TICKET AT THE CONTRACTED PRICE
 OR RANGE OF PRICES; AND REQUIRES THAT THE PURCHASER CONFIRM HAVING  READ
 SUCH NOTICE BEFORE COMPLETING ANY TRANSACTION.
   2.  NOTHING  IN  THIS  SECTION SHALL PROHIBIT A PERSON, FIRM OR CORPO-
 RATION FROM ACCEPTING A DEPOSIT  FROM  A  PROSPECTIVE  PURCHASER  FOR  A
 RESALE  PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION ONE OF THIS SECTION;
 PROVIDED THAT THE NOTICE REQUIRED THEREIN  INCLUDES  THE  TERMS  OF  THE
 DEPOSIT AGREEMENT.
   3.  IN ADDITION TO OTHER REMEDIES AVAILABLE TO PURCHASERS BY LAW, IF A
 PERSON, FIRM OR CORPORATION VIOLATES THE PROVISIONS OF THIS SECTION  AND
 FAILS  TO  SUPPLY  A  TICKET AT OR BELOW A CONTRACTED PRICE, OR WITHIN A
 CONTRACTED PRICE RANGE, THE PURCHASER SHALL RECEIVE  A  REFUND  FOR  THE
 CONTRACTED  PRICE OF THE TICKET WITHIN TEN BUSINESS DAYS AFTER THE TICK-
 ETED EVENT OCCURS.
   § 7. 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.
   §  8.  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:
   § 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] 2023 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

 S. 8501                             6
 
 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.
   §  9. 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]  2023,
 when upon such date such provisions shall expire and be deemed repealed.
   §  10. This act shall take effect immediately; provided, however, that
 section 25.34 of the arts and cultural affairs law, as added by  section
 one  of  this act, shall survive the expiration and reversion of article
 25 of such law as provided in section 4 of chapter 704 of  the  laws  of
 1991,  as amended; and provided, further, that the amendments to article
 25 of the arts and cultural affairs law made  by  sections  two,  three,
 four,  five,  six and seven of this act, shall not affect the repeal and
 reversion of such article and shall be deemed repealed therewith.

S8501A - Details

See Assembly Version of this Bill:: A8245
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §§25.19, 25.23, 25.24, 25.07 & 25.30, add §§25.10, 25.12 & 25.34, Arts & Cul L; amd §4, Chap 704 of 1991; amd §11, Chap 151 of 2010

S8501A - Summary

Relates to the sale of tickets to places of entertainment; establishes notice and disclosure requirements for the sale or resale of tickets.

S8501A - Sponsor Memo

 
BILL NUMBER: S8501A

SPONSOR: MURPHY
 
TITLE OF BILL:  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 chapter 912 of the laws of 1920 relating to the regulation of
boxing and wrestling matches relating to tickets to places of enter-
tainment; and chapter 151 of the laws of 2010, amending the arts and
cultural affairs law relating to resale of tickets to places of enter-
tainment, in relation to extending the effectiveness of the provisions
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would reform the New York ticket resale law in order to
increase transparency and fairness for consumers of New York.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new § 25.10 of the Arts and Cultural Affairs Law to

place certain requirements on ticket resellers who sell tickets they do
not own at the time of sale.

Section 2 amends § 25.19 of the Arts and Cultural Affairs Law to require
ticket resellers to provide their license number on any online ticket
purchasing platform on which they sell tickets, or provide a hyperlink
that allows for such posting.

Section 3 amends § 25.23 of the Arts and Cultural Affairs Law to require
online ticket resale marketplaces to post a clear and conspicuous notice
on their website stating that their website is being used for the
secondary sale of tickets.

Section 4 amends § 25.24 of the Arts and Cultural Affairs Law to add a
new subdivision 10 that would provide that any ticket reseller who know-
ingly uses ticket purchasing software, or owns or controls ticket
purchasing software, may lose their license and be barred from licensure
as a ticket reseller for up to three years for such use or ownership of
such software.

Section 5 amends § 25.07 of the Arts and Cultural Affairs Law to require
operators or their agents and ticket resellers to disclose in a clear
and conspicuous manner all fees and surcharges associated with the
purchase of tickets.

Section 6 adds a new § 25.12 of the Arts and Cultural Affairs Law to
allow professional sports organizations to offer nontransferable member-
ship passes to a specific number of events in a specified period of time
at discounted prices.

Section 7 amends § 25.30 of the Arts and Cultural Affairs Law by adding
a new subdivision 5 that requires operators to provide a clear and
conspicuous disclosure to purchasers if such purchasers are transferred
to a ticket seller in the secondary market.

Section 8 adds a new § 25.34 to the Arts and Cultural Affairs Law to
prohibit the use of a name in a website or a URL that is intended to
confuse the public into thinking they are buying a ticket directly from
an operator or operator's agent when in fact they are on a secondary
market website with a confusingly similar name to the name of the opera-
tor or its agent.

Section 9 and 10 extend the effective date for the laws relating to
tickets to places of entertainment to June 20, 2021.

 
JUSTIFICATION:

Everyday New Yorkers are denied fair access to tickets by resellers who
distort the market, obscure information that allows for better purchas-
ing decisions, and gouge fans with excessive prices and fees. In 2016,
The Office of New York State Attorney General released a report exposing
the unscrupulous practices of the industry and making it clear that
reforms are critical to protect consumers.  This bill will reform this
system to create a fairer and more transparent market place that allows
New Yorkers a fair shot at fairly priced tickets.

Specifically, this bill would address the practice of selling "specula-
tive tickets" - i.e. tickets that a reseller does not have and does not
have a right to sell. The practice is widespread, even though specula-
tive ticket listings are often deceptive and illegal under New York's
existing consumer protection laws. This bill would clarify existing law,
and expressly require a clear, conspicuous disclosure in plain language
when a reseller is making an offer to obtain a ticket.  This bill would
also add new consumer protections requiring that consumers expressly
confirm that they understand what they are purchasing before a trans-
action can occur, and that resellers provide refunds to consumers who
have not yet received a ticket or received a different ticket that was
advertised. In addition, this bill would clarify that resellers cannot
evade New York's existing consumer protection laws by complying with
these provisions if their speculative ticket listings are otherwise
deceptive and illegal.

Lastly, this bill allows professional sports organizations to offer
nontransferable membership passes which are comprised of discounted
tickets to a specific number of games in a specified time period.  These
membership passes are now offered in many other states and have been
successful in allowing professional sporting events to be more afforda-
ble for and accessible to the general public.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
Section 11 provides that 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, seven and eight of this act shall not affect the repeal of such
article and shall be deemed repealed therewith.

S8501A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8501--A
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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 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
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15773-03-8

 S. 8501--A                          2
 
 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-
 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

 S. 8501--A                          3
 
 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
 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

 S. 8501--A                          4
 
 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:
   §  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

 S. 8501--A                          5
 
 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.

S8501B (ACTIVE) - Details

See Assembly Version of this Bill:: A8245
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §§25.19, 25.23, 25.24, 25.07 & 25.30, add §§25.10, 25.12 & 25.34, Arts & Cul L; amd §4, Chap 704 of 1991; amd §11, Chap 151 of 2010

S8501B (ACTIVE) - Summary

Relates to the sale of tickets to places of entertainment; establishes notice and disclosure requirements for the sale or resale of tickets.

S8501B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8501B

SPONSOR: MURPHY
 
TITLE OF BILL:  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 chapter 912 of the laws of 1920 relating to the regulation of
boxing and wrestling matches relating to tickets to places of enter-
tainment; and chapter 151 of the laws of 2010, amending the arts and
cultural affairs law relating to resale of tickets to places of enter-
tainment, in relation to extending the effectiveness of the provisions
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would reform the New York ticket resale law in order to
increase transparency and fairness for consumers of New York.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new § 25.10 of the Arts and Cultural Affairs Law to

place certain requirements on ticket resellers who sell tickets they do
not own at the time of sale.

Section 2 amends § 25.19 of the Arts and Cultural Affairs Law to require
ticket resellers to provide their license number on any online ticket
purchasing platform on which they sell tickets, or provide a hyperlink
that allows for such posting.

Section 3 amends § 25.23 of the Arts and Cultural Affairs Law to require
online ticket resale marketplaces to post a clear and conspicuous notice
on their website stating that their website is being used for the
secondary sale of tickets.

Section 4 amends § 25.24 of the Arts and Cultural Affairs Law to add a
new subdivision 10 that would provide that any ticket reseller who know-
ingly uses ticket purchasing software, or owns or controls ticket
purchasing software, may lose their license and be barred from licensure
as a ticket reseller for up to three years for such use or ownership of
such software.

Section 5 amends § 25.07 of the Arts and Cultural Affairs Law to require
operators or their agents and ticket resellers to disclose in a clear
and conspicuous manner all fees and surcharges associated with the
purchase of tickets.

Section 6 adds a new § 25.12 of the Arts and Cultural Affairs Law to
allow. professional sports organizations to offer nontransferable
membership passes to a specific number of events in a specified period
of time at discounted prices.

Section 7 amends § 25.30 of the Arts and Cultural Affairs Law by adding
a new subdivision 5 that requires operators to provide a clear and
conspicuous disclosure to purchasers if such purchasers are transferred
to a ticket seller in the secondary market.

Section 8 adds a new § 25.34 to the Arts and Cultural Affairs Law to
prohibit the use of a name in a website or a URL that is intended to
confuse the public into thinking they are buying a ticket directly from
an operator or operator's agent when in fact they are on a secondary
market website with a confusingly similar name to the name of the opera-
tor or its agent.

Section 9 and 10 extend the effective date for the laws relating to
tickets to places of entertainment to June 20, 2021.

 
JUSTIFICATION:

Everyday New Yorkers are denied fair access to tickets by resellers who
distort the market, obscure information that allows for better purchas-
ing decisions, and gouge fans with excessive prices and fees. In 2016,
The Office of New York State Attorney General released a report exposing
the unscrupulous practices of the industry and making it clear that
reforms are critical to protect consumers.  This bill will reform this
system to create a fairer and more transparent market place that allows
New Yorkers a fair shot at fairly priced tickets.

Specifically, this bill would address the practice of selling "specula-
tive tickets" - i.e. tickets that a reseller does not have and does not
have a right to sell. The practice is widespread, even though specula-
tive ticket listings are often deceptive and illegal under New York's
existing consumer protection laws. This bill would clarify existing law,
and expressly require a clear, conspicuous disclosure in plain language
when a reseller is making an offer to obtain a ticket. This bill would
also add new consumer protections requiring that consumers expressly
confirm that they understand what they are purchasing before a trans-
action can occur, and that resellers provide refunds to consumers who
have not yet received a ticket or received a different ticket that was
advertised. In addition, this bill would clarify that resellers cannot
evade New York's existing consumer protection laws by complying with
these provisions if their speculative ticket listings are otherwise
deceptive and illegal.

Lastly, this bill allows professional sports organizations to offer
nontransferable membership passes which are comprised of discounted
tickets to a specific number of games in a specified time period.  These
membership passes are now offered in many other states and have been
successful in allowing professional sporting events to be more afforda-
ble for and accessible to the general public.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR .STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
Section 11 provides that 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, seven and eight of this act shall not affect the repeal of such
article and shall be deemed repealed therewith.

S8501B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8501--B
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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 -- 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; 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,
 CONTRACT TO OBTAIN TICKETS FOR  ANOTHER,  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 OFFERED 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15773-04-8

 S. 8501--B                          2
 
 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-
 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:

 S. 8501--B                          3
 
   § 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
 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  FOR  SEATING  IN VENUES OR STADIUMS WITH A
 FIXED CAPACITY OF OVER THIRTY THOUSAND SEATS THAT GUARANTEES ENTRY TO  A

 S. 8501--B                          4
 
 SPECIFIED  NUMBER OF EVENTS IN A SPECIFIED TIME PERIOD WITH SEAT ASSIGN-
 MENTS ASSIGNED NO MORE THAN FOUR HOURS PRIOR TO THE COMMENCEMENT OF  THE
 EVENT  AND  SUCH  SEAT ASSIGNMENT MUST BE VARIABLE FROM GAME TO GAME AND
 NOT  INTENDED  FOR  SEASON TICKET HOLDERS.   TICKETS PROVIDED UNDER SUCH
 MEMBERSHIP PASS MAY BE RESTRICTED  FROM  BEING  TRANSFERRED  OR  RESOLD,
 INCLUDING THROUGH THE OPERATOR OR OPERATORS' AGENTS, AND MUST BE CLEARLY
 MARKED  AS  SUCH PRIOR TO INITIAL OFFERING OR SALE. 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 THE MAXI-
 MUM AMOUNT OF ALL SEATS THAT WILL BE MADE AVAILABLE AT  A  VENUE  FOR  A
 PARTICULAR EVENT TO BE SOLD UNDER THIS SECTION.
   §  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 OR OTHER ENTITY TO, WITH
 INTENT TO MISLEAD OR DECEIVE, OWN, OPERATE, OR CONTROL A TICKET  WEBSITE
 FOR AN EVENT SCHEDULED 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

 S. 8501--B                          5

 places  of  entertainment, as amended by chapter 68 of the laws of 2017,
 is amended to read as follows:
   §  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S8501B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2018 - floor Vote

Floor Vote: Jun 20, 2018

Jun 19, 2018 - Rules committee Vote

Rules Committee Vote: Jun 19, 2018

Bill Amendments

S8501 - Details

S8501 - Summary

S8501 - Sponsor Memo

S8501 - Bill Text download pdf

S8501A - Details

S8501A - Summary

S8501A - Sponsor Memo

S8501A - Bill Text download pdf

S8501B (ACTIVE) - Details

S8501B (ACTIVE) - Summary

S8501B (ACTIVE) - Sponsor Memo

S8501B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8501B

Share this bill

Sponsored By

Terrence Murphy

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2018 - floor Vote

Floor Vote: Jun 20, 2018

Jun 19, 2018 - Rules committee Vote

Rules Committee Vote: Jun 19, 2018

Bill Amendments

S8501 - Details

S8501 - Summary

S8501 - Sponsor Memo

S8501 - Bill Text download pdf

S8501A - Details

S8501A - Summary

S8501A - Sponsor Memo

S8501A - Bill Text download pdf

S8501B (ACTIVE) - Details

S8501B (ACTIVE) - Summary

S8501B (ACTIVE) - Sponsor Memo

S8501B (ACTIVE) - Bill Text download pdf

Comments