Assembly Bill A10253

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10253
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced  by M. of A. CLARK -- 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
   prohibiting ticket sales that exceed the capacity of a place of enter-
   tainment or not-for-profit venue
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 23.23 of  the  arts  and  cultural
 affairs  law,  as amended by chapter 517 of the laws of 1988, is amended
 and a new subdivision 8 is added to read as follows:
   1. The term "ticket distributor" shall mean all owners,  operators  or
 operating  lessees  whether  an  individual, firm, company, partnership,
 corporation, trust or association who control the operation of  a  place
 of entertainment, as that term is defined in this article, including the
 allocation  or  distribution  of  tickets  to any event, as that term is
 defined in this article, and all controlling partners,  and  controlling
 stockholders  and controlling officers of the aforesaid; and all agents,
 representatives, employees and licensees of any of  the  aforementioned,
 including  without limitation box office treasurers and assistant treas-
 urers of places of entertainment,  who  for  any  period  of  time  have
 control  of  the  allocation,  SALE,  or  distribution by designation or
 authority of the aforementioned, of tickets in connection with the show-
 ing of events, but shall not include  subordinate  personnel  performing
 non-discretionary  or ministerial functions in connection with the allo-
 cation or distribution of tickets for events.
   8. IT SHALL BE ILLEGAL AND PROHIBITED FOR ANY  TICKET  DISTRIBUTOR  OF
 TICKETS  FOR  A  PLACE  OF  ENTERTAINMENT,  OR  ANY  PERSON THAT OWNS OR
 PERFORMS THE DUTIES OF A TICKET  DISTRIBUTOR  FOR  A  NOT-FOR-PROFIT  OR
 GOVERNMENTAL ORGANIZATION, TO SELL TICKETS TO ANY FOR PROFIT OR NOT-FOR-
 PROFIT  EVENT,  CONCERT,  SPORTING EVENT, OR THEATRICAL PRODUCTION TO BE
 HELD IN THIS STATE DIRECTLY OR INDIRECTLY, THROUGH AGENTS, EMPLOYEES  OR
 OTHERWISE,  IN AN AMOUNT THAT WOULD EXCEED THE CAPACITY OF SUCH PLACE OF
 ENTERTAINMENT OR NOT-FOR-PROFIT VENUE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08698-03-6
              

 A. 10253                            2
 
   § 2. Section 23.21 of the arts and cultural affairs law is amended  to
 read as follows:
   § 23.21. Violations  and penalties. 1. Any person, partnership, corpo-
 ration, company, trust or association willfully  violating  any  of  the
 provisions  of  this article or any rule or regulation issued thereunder
 shall be guilty of a misdemeanor punishable by a fine of not  more  than
 five  hundred  dollars,  or  imprisonment for not more than one year, or
 both, UNLESS A DIFFERENT PENALTY IS OTHERWISE PROVIDED  THEREFOR  WITHIN
 THIS ARTICLE.
   2.  ANY  PERSON WILLFULLY VIOLATING SUBDIVISION EIGHT OF SECTION 23.23
 OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. A CONVICTION  FOR  ANY
 VIOLATION  OF  SUCH  SUBDIVISION  SHALL BE PUNISHABLE BY A FINE FOR EACH
 TICKET SOLD IN VIOLATION OF SUCH SUBDIVISION, NOT TO EXCEED ONE  HUNDRED
 AND  FIFTY  PERCENT  OF  THE  TICKET  PRICE  PER  TICKET  FOR  THE FIRST
 VIOLATION, THREE HUNDRED PERCENT  FOR  THE  SECOND  VIOLATION,  AND  SIX
 HUNDRED  PERCENT  FOR ANY SUBSEQUENT VIOLATION, OR BY IMPRISONMENT FOR A
 PERIOD NOT TO EXCEED ONE YEAR, OR BOTH SUCH FINE AND IMPRISONMENT.
   § 3. This act shall take effect immediately.