S T A T E O F N E W Y O R K
________________________________________________________________________
6195
2021-2022 Regular Sessions
I N A S S E M B L Y
March 10, 2021
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Introduced by M. of A. PAULIN -- 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
requiring ticket distributors to refund the purchase price of tickets
within forty-five days after a cancelled or rescheduled event
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 23.08 of the arts and cultural
affairs law, as added by chapter 517 of the laws of 1988, is amended to
read as follows:
1. Any ticket distributor who offers or sells to the public in or from
the state of New York, advance tickets of admission to events to be held
in places of entertainment, or who contracts for the sale of such
advance tickets of admission, and accepts in advance partial or full
payment of the purchase price therefor, shall, no later than the next
business day after receipt thereof, deposit all such advance payments in
an escrow account in a bank, trust company, savings bank, or state or
federal savings and loan association, located in this state. A separate
escrow account shall be established for each place of entertainment.
Monies deposited in escrow shall be released upon performance of each
event for which such monies have been deposited to the extent that such
monies represent payment for advance tickets sold for the performed
event. The person who offers or sells advance tickets shall not be
required to keep in separate depository accounts the funds of the sepa-
rate ticket purchasers from whom payments have been received, provided
his books of account shall clearly show the number of tickets sold at
each price for each theatrical production, concert or sporting event for
which a separate escrow account has been established, and the total
amount of advance ticket revenues. Each advance ticket purchaser shall,
until the performance of the event for which the advance ticket has been
purchased, retain a property interest in that portion of the deposit
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09473-02-1
A. 6195 2
which equals the amount he has paid for such advance ticket, and shall
be entitled to a refund for such amount if the performance of the event
for which such ticket has been purchased in advance has been cancelled
or rescheduled, except as provided for by subdivision three of this
section. UPON THE RESCHEDULING OR CANCELLATION OF A PERFORMANCE, OR A
REQUEST FOR A REFUND BY A TICKET PURCHASER, THE TICKET DISTRIBUTOR SHALL
REFUND THE FULL PURCHASE PRICE OF A TICKET TO EACH TICKET PURCHASER
REQUESTING A REFUND WITHIN FORTY-FIVE DAYS AFTER THE ORIGINALLY SCHED-
ULED DATE OF THE PERFORMANCE OR THE EVENT.
§ 2. This act shall take effect immediately.