S. 4923 2
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
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. Subdivision 10 of section 25.24 of the arts and cultural
affairs law, as added by chapter 110 of the laws of 2018, is amended 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.] (A) ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS A LICEN-
SEE UNDER THIS ARTICLE WHO IS ADJUDICATED GUILTY OF THE FOLLOWING ACTS
SHALL LOSE THEIR LICENSE AND SHALL BE PERMANENTLY BARRED FROM LICENSURE
UNDER THIS ARTICLE PURSUANT TO SECTION 25.31 OF THIS ARTICLE IF SUCH
LICENSEE: (I) KNOWINGLY UTILIZED TICKET PURCHASING SOFTWARE IN ORDER TO
PURCHASE TICKETS; (II) KNOWINGLY RESOLD OR OFFERED TO RESELL A TICKET
THAT SUCH LICENSEE KNEW WAS OBTAINED USING TICKET PURCHASING SOFTWARE;
OR (III) INTENTIONALLY MAINTAINED ANY INTEREST IN OR MAINTAINED ANY
CONTROL OF THE OPERATION OF TICKET PURCHASING SOFTWARE TO PURCHASE TICK-
ETS.
(B) FAILURE TO NOTIFY THE ATTORNEY GENERAL OF SUCH ACTS PURSUANT TO
THIS ARTICLE SHALL RESULT IN A VIOLATION AND SUCH PERSON, FIRM, CORPO-
RATION OR OTHER ENTITY WHO FAILS TO MAKE SUCH NOTIFICATION SHALL BE
SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO LESS THAN FIVE HUNDRED
DOLLARS AND NO MORE THAN ONE THOUSAND DOLLARS PER TICKET PURCHASED OR
RESOLD UTILIZING SUCH TICKET PURCHASING SOFTWARE.
(C) ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO NOTIFIES THE
ATTORNEY GENERAL OF SUCH ACTS PURSUANT TO THIS ARTICLE, WHERE THE ATTOR-
NEY GENERAL TAKES ACTION PURSUANT TO THE NOTIFICATION WHICH RESULTS IN A
MONETARY PENALTY ASSESSED UNDER A VIOLATION PURSUANT TO THIS ARTICLE,
SHALL BE ENTITLED TO FIVE PERCENT OF THE FINAL PENALTY COLLECTED AS A
RESULT OF SUCH VIOLATION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART B
Section 1. Section 25.03 of the arts and cultural affairs law is
amended by adding a new subdivision 11 to read as follows:
11. "PROFESSIONAL RESELLER" MEANS A RESELLER, ALSO REFERRED TO AS A
TICKET BROKER, AND INCLUDES ANY PERSON, FIRM, CORPORATION OR OTHER ENTI-
TY THAT IS INVOLVED IN THE BUSINESS OF THE RESALE OF TICKETS. INDIVID-
UALS WHO DO NOT REGULARLY ENGAGE IN THE BUSINESS OF RESELLING TICKETS,
WHO RESELL FEWER THAN THIRTY TICKETS PER YEAR AND WHO OBTAIN THE TICKETS
FOR SUCH INDIVIDUAL'S PERSONAL USE OR THE USE OF FRIENDS AND FAMILY, ARE
NOT DEEMED PROFESSIONAL RESELLERS FOR THE PURPOSES OF THIS ARTICLE.
S. 4923 3
§ 2. 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. (A) No [person, firm or corporation] PROFESSIONAL RESELLER shall
resell or engage in the business of reselling any tickets to a place of
entertainment or operate an internet website or any other electronic
service that provides a mechanism 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-agency for such business without having
first procured a license or certificate for each location at which busi-
ness 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 thousand dollars and shall be renewed upon the payment of [a
like fee annually.] AN ANNUAL RENEWAL FEE PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION. 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 ensu-
ing 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.
(B) THE ANNUAL PROFESSIONAL RESELLER RENEWAL FEE SHALL BE:
(I) FOR A PROFESSIONAL RESELLER THAT RESELLS MORE THAN THIRTY TICKETS
BUT LESS THAN ONE HUNDRED TICKETS PER YEAR, AN ANNUAL RENEWAL FEE OF TWO
THOUSAND DOLLARS TO MAINTAIN A PROFESSIONAL RESELLER LICENSE;
(II) FOR A PROFESSIONAL RESELLER THAT RESELLS ONE HUNDRED OR MORE
TICKETS BUT LESS THAN TWO HUNDRED TICKETS PER YEAR, AN ANNUAL RENEWAL
FEE OF THREE THOUSAND DOLLARS TO MAINTAIN A PROFESSIONAL RESELLER
LICENSE; AND
(III) FOR A PROFESSIONAL RESELLER THAT RESELLS TWO HUNDRED OR MORE
TICKETS PER YEAR, AN ANNUAL RENEWAL FEE OF FOUR THOUSAND DOLLARS TO
MAINTAIN A PROFESSIONAL RESELLER LICENSE.
(C) "TICKETS" SHALL MEAN, FOR PURPOSES OF PARAGRAPH (B) OF THIS SUBDI-
VISION: (I) EACH RESOLD TICKET NOT ORIGINALLY PURCHASED BY THE PROFES-
SIONAL RESELLER AS PART OF A SEASON OR SUBSCRIPTION TICKET PACKAGE; OR
(II) A SET OF RESOLD TICKETS ORIGINALLY PURCHASED BY THE PROFESSIONAL
RESELLER AS PART OF A SEASON OR SUBSCRIPTION TICKET PACKAGE.
§ 3. Section 25.19 of the arts and cultural affairs law, as amended by
chapter 110 of the laws of 2018, is amended to read as follows:
§ 25.19. Posting of license or certificate. 1. FOR THE PURPOSES OF
THIS SECTION, "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 COMPETITIVE
BIDDING PROCESS.
S. 4923 4
2. 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 readi-
ly 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 platform" shall mean a retail ticket purchasing
website, application, phone system, or other technology platform used to
sell tickets.
3. (A) AN ONLINE RESALE MARKETPLACE SHALL REQUIRE PROFESSIONAL RESELL-
ERS TO PROVIDE THEIR NEW YORK STATE TICKET RESELLER LICENSE NUMBER AS A
CONDITION OF UTILIZING AN ONLINE RESALE MARKETPLACE TO RESELL TICKETS.
(B) AN ONLINE RESALE MARKETPLACE SHALL DISCLOSE IN A CLEAR AND
CONSPICUOUS MANNER A NOTICE ON THE ADVERTISEMENT OR OFFER OF A TICKET OR
TICKETS THAT SUCH TICKET OR TICKETS BEING PURCHASED ARE BEING RESOLD BY
A LICENSED NEW YORK STATE PROFESSIONAL RESELLER.
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the amendments to sections
25.03, 25.13 and 25.19 of the arts and cultural affairs law made by
sections one, two and three of this act shall not affect the repeal of
such sections and shall be deemed repealed therewith.
PART C
Section 1. 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
and a new subdivision 5 is added 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 TICKETS OR FACILITATES THE SALE OF TICKETS, resells tickets
or facilitates the resale or resale auction of tickets between independ-
ent parties by any means, must guarantee 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), UNLESS THE
PURCHASER ELECTS TO RETAIN SUCH TICKETS OR A CREDIT EQUAL TO OR IN
EXCESS OF THE FULL AMOUNT PAID BY THE PURCHASER IN LIEU OF A FULL REFUND
WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE OF AN OPPORTUNITY FOR A
REFUND, 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
S. 4923 5
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 ticket is coun-
terfeit 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; (D) THE EVENT FOR
WHICH SUCH TICKET HAS BEEN SOLD OR RESOLD IS POSTPONED MORE THAN ONCE IN
A CALENDAR YEAR; (E) THE EVENT FOR WHICH SUCH TICKET HAS BEEN SOLD OR
RESOLD HAS BEEN RESCHEDULED TO A SUBSEQUENT DATE MORE THAN ONE YEAR FROM
THE INITIAL EVENT DATE; OR (F) THE EVENT FOR WHICH SUCH TICKET HAS BEEN
SOLD OR RESOLD HAS BEEN POSTPONED AND HAS NOT BEEN RESCHEDULED WITHIN
THREE MONTHS AFTER THE INITIAL EVENT DATE. UPON THE OCCURRENCE OF ANY
OF THE AFOREMENTIONED EVENTS, THE SELLER OR RESELLER SHALL NOTIFY THE
PURCHASER OF SUCH TICKETS AND SHALL PROVIDE A THIRTY-DAY WINDOW DURING
WHICH THE PURCHASER MAY ELECT TO RETAIN SUCH TICKETS, RECEIVE A CREDIT
EQUAL TO OR IN EXCESS OF THE FULL AMOUNT PAID BY THE PURCHASER OR
RECEIVE A FULL REFUND. IF, AT THE END OF THE THIRTY-DAY WINDOW, THE
PURCHASER OF SUCH TICKETS DOES NOT CHOOSE ONE OF THE AFOREMENTIONED
OPTIONS, THEY SHALL RECEIVE AN IMMEDIATE FULL REFUND FOR THE AMOUNT PAID
BY THE PURCHASER INCLUDING BUT NOT LIMITED TO ALL FEES, REGARDLESS OF
HOW CHARACTERIZED. THE SECRETARY OF STATE SHALL PROMULGATE RULES AND
REGULATIONS REGARDING NOTIFICATION PROCEDURES AND SHALL DETERMINE A
SUFFICIENT REFUND TIME PERIOD, WHICH SHALL BE NO LESS THAN THIRTY DAYS
FOLLOWING THE OCCURRENCE OF A TRIGGERING EVENT.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY PERSON, FIRM OR
CORPORATION, REGARDLESS OF WHETHER OR NOT LICENSED UNDER THIS ARTICLE OR
DESIGNATED AS A PROFESSIONAL RESELLER OR AN ONLINE RESALE MARKETPLACE,
THAT RESELLS TICKETS OR FACILITATES THE RESALE OR RESALE AUCTION OF
TICKETS BETWEEN INDEPENDENT PARTIES BY ANY MEANS, SHALL GUARANTEE WITH-
OUT RESTRICTION TO EACH PURCHASER OF SUCH RESOLD TICKETS THAT THE
PERSON, FIRM OR CORPORATION WILL HONOR, COMMUNICATE AND FACILITATE, IF
SO REQUESTED BY SUCH PURCHASER, ALL OPPORTUNITIES FOR REFUNDS,
EXCHANGES, CREDITS OR OTHER REMEDIES DUE TO EVENT CANCELLATION OR POST-
PONEMENT THAT ARE PUBLICLY OFFERED BY A PRIMARY TICKET SELLER, AS
DEFINED IN SUBDIVISION TWELVE OF SECTION 25.03 OF THIS ARTICLE, TO
ORIGINAL PURCHASERS OF SUCH TICKETS.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law, provided, however, that the amendments to section
25.07 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
repealed therewith.
PART D
Section 1. Section 25.10 of the arts and cultural affairs law, as
added by chapter 110 of the laws of 2018, is amended to read as follows:
§ 25.10. Ticket resale requirements. 1. It shall be unlawful for a
licensee or other ticket reseller to ADVERTISE FOR THE SALE OF TICKETS,
contract for the sale of tickets, contract to obtain tickets for anoth-
er, 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] AND UNTIL:
S. 4923 6
(a) such licensee or other ticket reseller has the offered ticket in
its possession OR HAS A WRITTEN CONTRACT TO OBTAIN THE OFFERED TICKET AT
A CERTAIN PRICE FROM A PERSON OR ENTITY IN POSSESSION OF THE TICKET OR
FROM A PERSON OR ENTITY WHO HAS A CONTRACTUAL RIGHT TO OBTAIN SUCH TICK-
ET; AND
(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
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.] TICKETS TO THE EVENT HAVE BEEN PLACED ON SALE BY THE VENUE OR
ENTITY HOSTING THE EVENT OR ITS AUTHORIZED AGENT. FOR THE PURPOSES OF
THIS SECTION, "PLACED ON SALE" SHALL MEAN THE DATE AND TIME WHEN TICKETS
ARE MADE AVAILABLE FOR SALE TO THE GENERAL PUBLIC, EXCLUDING ANY PRIOR
SALES TO FAN CLUBS, BUSINESSES, AND PERSONS FOR PROMOTIONAL ACTIVITIES.
THIS PARAGRAPH SHALL NOT APPLY TO SEASON OR SUBSCRIPTION TICKET HOLDERS.
2. 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.] 3. 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. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the amendments to section
25.10 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 E
Section 1. Section 25.03 of the arts and cultural affairs law is
amended by adding two new subdivisions 12 and 13 to read as follows:
S. 4923 7
12. "PRIMARY TICKET SELLER" MEANS AN OWNER OR OPERATOR OF A VENUE OR
SPORTS TEAM, A MANAGER OR PROVIDER OF AN EVENT, OR A PROVIDER OF TICKET-
ING SERVICES OR AN AGENT OF SUCH OWNER, OPERATOR, MANAGER, OR PROVIDER
THAT ENGAGES IN THE PRIMARY SALE OF TICKETS FOR AN EVENT OR RETAINS THE
AUTHORITY TO OTHERWISE DISTRIBUTE TICKETS.
13. "PLACED ON SALE" MEANS THE DATE AND TIME WHEN TICKETS ARE MADE
AVAILABLE FOR SALE TO THE GENERAL PUBLIC, EXCLUDING ANY PRIOR SALES TO
FAN CLUBS, BUSINESSES, AND PERSONS FOR PROMOTIONAL ACTIVITIES.
§ 2. Section 25.29 of the arts and cultural affairs law, as amended by
section 1 of part E of chapter 358 of the laws of 2022, 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 OF FIFTEEN OR LESS PERCENT OF THE PRICE OF A TICKET PRIOR TO THE
ADDITION OF ANY CHARGES by [the operator or agents of the operator] ANY
PERSON, FIRM OR CORPORATION, REGARDLESS OF WHETHER OR NOT LICENSED UNDER
THIS ARTICLE, THAT SELLS TICKETS OR FACILITATES THE SALE OF TICKETS,
RESELLS TICKETS OR FACILITATES THE RESALE OR RESALE AUCTION OF TICKETS
BETWEEN INDEPENDENT PARTIES BY ANY MEANS for special services[, includ-
ing but not limited to,] ACTUALLY RENDERED OR OTHERWISE IN CONNECTION TO
CUSTOMER SUPPORT, TECHNOLOGICAL AND SOFTWARE INFRASTRUCTURE, AND ACTUAL
OPERATIONAL COSTS FOR sales away from the box office[, credit card sales
or delivery]; (B) IT SHALL BE AN UNLAWFUL ACT FOR A PRIMARY TICKET SELL-
ER THAT EARNS GREATER REVENUE THROUGH THE PRIMARY SALE OF TICKETS THAN
THE RESALE OF TICKETS FROM CHARGING ANY FEE WHATSOEVER TO RESELL TICKETS
ORIGINALLY PURCHASED FROM SUCH SELLER; and [(b)] (C) 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 the 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. ANY PERSON, FIRM OR CORPORATION, REGARDLESS OF WHETHER OR NOT
LICENSED UNDER THIS ARTICLE, THAT SELLS TICKETS OR FACILITATES THE SALE
OF TICKETS IS PROHIBITED FROM REQUIRING A MINIMUM PRICE FOR THE RESALE
OF ANY TICKETS PURCHASED FROM A PRIMARY TICKET SELLER.
4. UNDER NO CIRCUMSTANCES SHALL ANY PERSON, FIRM OR CORPORATION,
REGARDLESS OF WHETHER OR NOT LICENSED UNDER THIS ARTICLE, THAT SELLS
TICKETS OR FACILITATES THE SALE OF TICKETS INCREASE DISPLAYED PRICES OF
TICKETS WHILE A PURCHASER: (I) IS WAITING IN A PHYSICAL OR VIRTUAL
QUEUE, ROOM OR SIMILAR LOCATION OR SEQUENCE ESTABLISHED TO AWAIT THE
PURCHASE OF TICKETS; (II) HAS THE ABILITY TO SELECT AND REVIEW TICKETS
FROM A PHYSICAL OR VIRTUAL LIST OR MAP BUT HAS NOT YET COMPLETED THE
PURCHASE; OR (III) IS COMPLETING THE PHYSICAL OR VIRTUAL CHECKOUT PROC-
ESS TO PURCHASE TICKETS. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, ANY PERSON, FIRM OR CORPORATION THAT SELLS TICKETS OR FACILITATES
THE SALE OF TICKETS MAY PLACE REASONABLE AND UNIFORM RESTRICTIONS ON THE
LENGTH OF TIME ALLOWED FOR A PURCHASER OF TICKETS TO REVIEW AND COMPLETE
EACH TRANSACTION.
S. 4923 8
5. 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 on the sixtieth day after it shall
have become a law; provided, however, that the amendments to sections
25.03 and 25.29 of the arts and cultural affairs law made by sections
one and two of this act shall not affect the repeal of such sections and
shall be deemed repealed therewith.
PART F
Section 1. The arts and cultural affairs law is amended by adding a
new section 25.04 to read as follows:
§ 25.04. TICKETS WITHHELD FROM SALE TO GENERAL PUBLIC. 1. PRIMARY
TICKET SELLERS SHALL DISCLOSE AND DISPLAY ON THE WEBSITE, AT THE BOX
OFFICE AND ANY OTHER METHOD OF TICKET DISTRIBUTION OF SUCH PRIMARY TICK-
ET SELLER, THE TOTAL NUMBER OF TICKETS OFFERED FOR SALE TO THE GENERAL
PUBLIC BY SUCH PRIMARY TICKET SELLER NOT LESS THAN SEVEN DAYS BEFORE THE
DATE ON WHICH TICKETS SHALL BE AVAILABLE FOR PRIMARY SALE. THE TOTAL
NUMBER SHALL BE PERIODICALLY UPDATED BY THE PRIMARY TICKET SELLER IF AND
WHEN ADDITIONAL TICKETS ARE SUBSEQUENTLY RELEASED FOR SALE TO THE GENER-
AL PUBLIC. THIS SUBDIVISION SHALL NOT APPLY TO: (I) VENUES WITH A SEAT-
ING CAPACITY OF LESS THAN SIX THOUSAND FIVE HUNDRED GUESTS; OR (II)
PLACES OF ENTERTAINMENT SUCH AS FAIR GROUNDS, AMUSEMENT PARKS, MUSEUMS,
OBSERVATORIES, SKI RESORTS, ICE SKATING RINKS AND OTHER RECREATIONAL
FACILITIES OR EVENTS WHEREIN RIDES, EXHIBITS AND DISPLAYS, GAMES OR
ACTIVITIES OF SKILL OR CHANCE OR THE SALE OF FOOD, BEVERAGES, TOYS AND
SOUVENIRS CONSTITUTE THE MAIN USES.
2. IT SHALL BE AN UNLAWFUL PRACTICE FOR A PRIMARY TICKET SELLER OR ANY
PERSON OR ENTITY WHO HAS ACCESS TO TICKETS TO AN EVENT PRIOR TO THE
TICKETS' RELEASE FOR SALE TO THE GENERAL PUBLIC TO WITHHOLD SUCH TICKETS
FROM SALE TO THE GENERAL PUBLIC IN AN AMOUNT EXCEEDING TEN PERCENT OF
ALL AVAILABLE SEATING FOR THE EVENT. TICKETS DISTRIBUTED TO BONA FIDE
CHARITABLE GROUPS OR INITIALLY RESERVED DUE TO EVENT PRODUCTION HOLDS,
INCLUDING BUT NOT LIMITED TO PENDING SEATING, LIGHTING, OR STAGE CONFIG-
URATIONS, THAT ARE SUBSEQUENTLY RELEASED TO THE GENERAL PUBLIC SHALL NOT
BE INCLUDED WITHIN THIS AMOUNT. THIS SUBDIVISION SHALL NOT APPLY TO
PLACES OF ENTERTAINMENT SUCH AS FAIR GROUNDS, AMUSEMENT PARKS, MUSEUMS,
OBSERVATORIES, SKI RESORTS, ICE SKATING RINKS AND OTHER RECREATIONAL
FACILITIES OR EVENTS WHEREIN RIDES, EXHIBITS AND DISPLAYS, GAMES OR
ACTIVITIES OF SKILL OR CHANCE OR THE SALE OF FOOD, BEVERAGES, TOYS AND
SOUVENIRS CONSTITUTE THE MAIN USES.
3. IT SHALL BE AN UNLAWFUL PRACTICE FOR AN INDIVIDUAL EMPLOYEE OF ANY
VENUE, PRIMARY TICKET SELLER, TEAM, ARTIST, ONLINE RESALE MARKETPLACE,
BOX OFFICE OR ANY OTHER ENTITY THAT IS INVOLVED IN HOSTING, PROMOTING,
PERFORMING OR TICKET SELLING TO RESELL TICKETS THAT HAVE BEEN WITHHELD
FROM THE GENERAL PUBLIC FOR A HIGHER PRICE THAN THE PRIMARY SALE OF THE
TICKET OR RESELL TICKETS TO ANY THIRD PARTY THAT MAY HAVE INTENTIONS,
ACTUALLY OR CONSTRUCTIVELY KNOWN BY SUCH EMPLOYEE, TO RESELL THE TICKET
FOR A HIGHER PRICE THAN THE TOTAL COST OF THE TICKET, INCLUDING ALL
ANCILLARY CHARGES.
§ 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
S. 4923 9
shall not affect the repeal of such article and shall be deemed repealed
therewith.
PART G
Section 1. Section 25.12 of the arts and cultural affairs law, as
added by chapter 110 of the laws of 2018, is amended 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] THIRTEEN thousand FIVE HUNDRED seats
that guarantees entry to a specified number of events in a specified
time period with seat assignments assigned no more than four hours prior
to the commencement of the event and such seat assignment must be vari-
able from game to game and not intended for season ticket holders. Tick-
ets 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 tick-
et package offered for sale and shall not result in the sale of more
than five percent of the maximum amount of all seats that will be made
available at a venue for a particular event to be sold under this
section.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the amendments to section
25.12 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 H
Section 1. The general obligations law is amended by adding a new
section 5-338 to read as follows:
§ 5-338. AGREEMENTS BETWEEN OPERATORS OF PLACES OF ENTERTAINMENT AND
PRIMARY TICKET VENDORS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ENTERTAINMENT" MEANS ALL FORMS OF ENTERTAINMENT INCLUDING, BUT
NOT LIMITED TO, THEATRICAL OR OPERATIC PERFORMANCES, CONCERTS, MOTION
PICTURES, ALL FORMS OF ENTERTAINMENT AT FAIRGROUNDS, AMUSEMENT PARKS AND
ALL TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOTBALL, BASKETBALL, BASE-
BALL, BOXING, TENNIS, HOCKEY, AND ANY OTHER SPORT, AND ALL OTHER FORMS
OF DIVERSION, RECREATION OR SHOW.
(B) "OPERATOR" MEANS ANY PERSON WHO OWNS, OPERATES, OR CONTROLS A
PLACE OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT.
(C) "PLACE OF ENTERTAINMENT" MEANS ANY PRIVATELY OR PUBLICLY OWNED AND
OPERATED ENTERTAINMENT FACILITY SUCH AS A THEATRE, STADIUM, ARENA, RACE-
TRACK, MUSEUM, AMUSEMENT PARK, OR OTHER PLACE WHERE PERFORMANCES,
CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS ARE HELD FOR WHICH AN
ENTRY FEE IS CHARGED.
(D) "PRIMARY TICKET SELLER" MEANS AN OWNER OR OPERATOR OF A VENUE OR
SPORTS TEAM, A MANAGER OR PROVIDER OF AN EVENT, OR A PROVIDER OF TICKET-
ING SERVICES OR AN AGENT OF SUCH OWNER, OPERATOR, MANAGER, OR PROVIDER
S. 4923 10
THAT ENGAGES IN THE PRIMARY SALE OF TICKETS FOR AN EVENT OR RETAINS THE
AUTHORITY TO OTHERWISE DISTRIBUTE TICKETS.
(E) "TICKET" MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY PLACE OF
ENTERTAINMENT.
2. A CONTRACT BETWEEN AN OPERATOR OF PLACES OF ENTERTAINMENT AND A
PRIMARY TICKET VENDOR SHALL NOT PROVIDE FOR THE PRIMARY TICKET VENDOR TO
BE THE EXCLUSIVE AND SOLE PRIMARY TICKET VENDOR FOR THE OPERATOR OF
PLACES OF ENTERTAINMENT.
3. IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION
MADE UNLAWFUL UNDER THIS SECTION OR TO OTHERWISE PENALIZE AN OPERATOR OF
A PLACE OF ENTERTAINMENT FOR ENTERING INTO AN AGREEMENT WITH ANOTHER
PRIMARY TICKET SELLER.
4. ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO PUBLIC
POLICY AND THUS IS VOID AND UNENFORCEABLE.
5. THIS SECTION SHALL NOT REQUIRE AN OPERATOR OF A PLACE OF ENTER-
TAINMENT TO ENTER INTO AN AGREEMENT WITH A PRIMARY TICKET SELLER OR
REQUIRE THAT AN OPERATOR OF A PLACE OF ENTERTAINMENT HAVE AN AGREEMENT
WITH MULTIPLE PRIMARY TICKET SELLERS.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, and shall apply to
contracts entered into on or after such date.
PART I
Section 1. Paragraph (a) of subdivision 1 of section 25.30 of the arts
and cultural affairs law, as amended by chapter 151 of the laws of 2010,
is amended to read as follows:
(a) restrict by any means the resale of any tickets included in a
subscription or season ticket package TO OR VIA A LICENSEE UNDER SECTION
25.13 OF THIS ARTICLE OR VIA A WEBSITE THAT SERVES AS A PLATFORM TO
FACILITATE RESALE AS DEFINED UNDER SECTION 25.13 OF THIS ARTICLE as a
condition of purchase, as a condition to retain such tickets for the
duration of the subscription or season ticket package agreement, or as a
condition to retain any [contractually agreed upon] rights to purchase
future subscription or season ticket packages that are otherwise
conferred in the subscription or season ticket agreement OR EXTENDED TO
SUBSCRIBERS NOT ENGAGED IN THE RESALE MARKET AS A GENERAL POLICY OF THE
TEAM, PROMOTER, OR VENUE. FURTHER, IT SHALL BE UNLAWFUL TO CHARGE A
DIFFERENT RATE TO ANY SUCH SUBSCRIBER SOLELY BECAUSE THE SUBSCRIBER HAS
RESOLD OR MAY RESELL TICKETS;
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law, provided, however, that the amendments to paragraph
(a) of subdivision 1 of section 25.30 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.
§ 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.
S. 4923 11
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through I of this act shall be
as specifically set forth in the last section of such Parts.
