S T A T E O F N E W Y O R K
________________________________________________________________________
9461
I N S E N A T E
May 30, 2022
___________
Introduced by Sen. SKOUFIS -- 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 insti-
tuting civil penalties for utilizing ticket purchasing software (Part
A); to amend the arts and cultural affairs law, in relation to requir-
ing ticket prices to be disclosed prior to a customer purchasing such
ticket and requiring such price to remain the same during the purchase
process (Part B); to amend the arts and cultural affairs law, in
relation to prohibiting the resale of a ticket if such ticket was
initially offered to the public at no charge (Part C); to amend the
arts and cultural affairs law, in relation to requiring online resale
marketplaces to clearly and conspicuously disclose the established
price charged by the operator of a place of entertainment that is
printed or endorsed on the face of each ticket (Part D); to amend the
arts and cultural affairs law, in relation to allowing reasonable and
actual costs to be charged for the physical delivery of certain tick-
ets (Part E); and 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 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 of places of entertainment, in relation to extending the
effectiveness thereof (Part F)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law components of legislation that
relate to live event ticket sales. Each component is wholly contained
within a Part identified as Parts A through F. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes reference
to a section "of this act", when used in connection with that particular
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11376-22-2
S. 9461 2
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found, unless noted otherwise.
PART A
Section 1. Paragraph (a) of subdivision 3, and subdivisions 4, 5 and 6
of section 25.24 of the arts and cultural affairs law, as amended by
chapter 472 of the laws of 2016, are amended to read as follows:
(a) Any person, firm, corporation or other entity who knowingly
utilizes ticket purchasing software in order to purchase tickets shall
be subject to a civil penalty in an amount of no less than [five
hundred] ONE THOUSAND dollars and no more than [one] TWO thousand five
hundred dollars for each such violation and shall forfeit all profits
made from the sale of any such unlawfully obtained tickets.
4. Any person, firm, corporation or other entity who intentionally
maintains any interest in or maintains any control of the operation of
ticket purchasing software to purchase tickets shall be subject to a
civil penalty in an amount of no less than [seven hundred fifty] ONE
THOUSAND dollars and no more than [one] TWO thousand five hundred
dollars for each such violation and shall forfeit all profits made from
the sale of any such unlawfully obtained tickets.
5. 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 ticket purchasing software 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] ONE THOUSAND dollars and no more than [one] TWO
thousand five hundred dollars for each such violation and shall forfeit
all profits made from the sale of any such unlawfully obtained ticket.
6. 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]
TWO thousand dollars and no more than [five] TEN thousand dollars for
each such violation and shall forfeit all profits from the sale of any
such unlawfully obtained tickets. In addition, a person convicted of a
violation under this section may be required to forfeit any and all
equipment used in the unlawful purchasing of tickets.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART B
Section 1. Subdivision 4 of section 25.07 of the arts and cultural
affairs law, as added by chapter 110 of the laws of 2018, is amended 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 SALE
OR resale of tickets shall DISCLOSE THE TOTAL COST OF THE TICKET, INCLU-
SIVE OF ALL ANCILLARY FEES THAT MUST BE PAID IN ORDER TO PURCHASE THE
TICKET, AND 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 TO THE
PURCHASER. SUCH DISCLOSURE OF THE TOTAL COST AND FEES SHALL BE DISPLAYED
IN THE TICKET LISTING PRIOR TO THE TICKET BEING SELECTED FOR PURCHASE.
DISCLOSURES OF SUBTOTALS, FEES, CHARGES, AND ANY OTHER COMPONENT OF THE
TOTAL PRICE SHALL NOT BE FALSE OR MISLEADING, AND MAY NOT BE PRESENTED
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MORE PROMINENTLY OR IN THE SAME OR LARGER SIZE AS THE TOTAL PRICE. THE
PRICE OF THE TICKET SHALL NOT INCREASE DURING THE PURCHASE PROCESS,
EXCLUDING REASONABLE FEES FOR THE DELIVERY OF NON-ELECTRONIC TICKETS
BASED ON THE DELIVERY METHOD SELECTED BY THE PURCHASER, WHICH SHALL BE
DISCLOSED prior to accepting payment therefor. NOTHING IN THIS SUBDIVI-
SION 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 SUBDIVISION SHALL BE CONSTRUED AS MAKING LAWFUL ANY
FRAUDULENT, DECEPTIVE, OR ILLEGAL ACT OR PRACTICE THAT IS UNLAWFUL
PURSUANT TO NOW EXISTING LAWS OR REGULATIONS.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law provided, however, that the amendments to subdivision
4 of section 25.07 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 to repeal therewith.
PART C
Section 1. The arts and cultural affairs law is amended by adding a
new section 25.06 to read as follows:
§ 25.06. RESALE OF TICKETS ISSUED AT NO CHARGE. NOTWITHSTANDING AN
INDIVIDUAL'S ABILITY TO TRANSFER A TICKET TO ANOTHER PARTY, IT SHALL BE
UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO RESELL OR OFFER TO
RESELL ANY TICKET OR OTHER EVIDENCE OF RIGHT OF ENTRY TO ANY PLACE OF
ENTERTAINMENT IF SUCH TICKET WAS INITIALLY OFFERED TO THE PUBLIC AT NO
CHARGE AND ACCESS TO SUCH TICKETS IS NOT CONTINGENT UPON PROVIDING ANY
FORM OF MONETARY CONSIDERATION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the amendments to article 25
of the arts and cultural affairs law made by section one of this act
shall not affect the repeal of such article and shall be deemed repealed
therewith.
PART D
Section 1. Subdivision 2 of section 25.23 of the arts and cultural
affairs law, as added by chapter 110 of the laws of 2018, is amended to
read as follows:
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 BE REQUIRED TO CLEARLY AND CONSPICUOUSLY
DISCLOSE THE ESTABLISHED PRICE CHARGED BY THE OPERATOR OF A PLACE OF
ENTERTAINMENT THAT IS PRINTED OR ENDORSED ON THE FACE OF EACH TICKET IN
ACCORDANCE WITH SECTION 25.07 OF THIS ARTICLE PRIOR TO THE USER COMPLET-
ING ANY TRANSACTION. An online resale marketplace shall require that the
user confirm having read such [notice] NOTICES before completing any
transaction. For the purposes of this section, an "online resale market-
place" 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 competitive bidding process.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the amendments to section
25.23 of the arts and cultural affairs law made by section one of this
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act shall not affect the repeal of such section and shall be deemed
repealed therewith.
PART E
Section 1. Section 25.29 of the arts and cultural affairs law, as
amended by chapter 61 of the laws of 2007 and 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. A REASONABLE AND ACTUAL COST FOR THE PHYSICAL DELIVERY OF TICKETS
MAY BE CHARGED BY A SELLER OR RESELLER BASED ON THE METHOD OF DELIVERY
SELECTED BY THE PURCHASER; PROVIDED, HOWEVER, THAT NO DELIVERY FEE SHALL
BE CHARGED BY A SELLER OR RESELLER FOR TICKETS DELIVERED ELECTRONICALLY
OR TICKETS THAT MAY BE PRINTED INDEPENDENTLY BY THE PURCHASER.
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.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the amendments to section
25.29 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.
PART F
Section 1. 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 relat-
ing to the regulation of boxing and wrestling matches relating to tick-
ets to places of entertainment, as amended by chapter 148 of the laws of
2021, 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, [2022] 2025 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
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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.
§ 2. 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 148 of the laws of 2021, 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, [2022] 2025 when
upon such date such provisions shall expire and be deemed repealed.
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through F of this act shall be
as specifically set forth in the last section of such Parts.
