S T A T E O F N E W Y O R K
________________________________________________________________________
7444
2019-2020 Regular Sessions
I N A S S E M B L Y
May 3, 2019
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development
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 110 of the laws of 2018, 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. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09406-02-9
A. 7444 2
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.
3. 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.
§ 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.