S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8659
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2025
                                ___________
 
 Introduced  by M. of A. KIM, R. CARROLL -- 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 estab-
   lishing an annual professional  reseller  renewal  fee  and  requiring
   professional  ticket  resellers to provide their New York state ticket
   reseller license number (Part A);  to  amend  the  arts  and  cultural
   affairs  law,  in  relation to providing criteria for when a purchaser
   may obtain a full refund of the amount paid for a ticket (Part B);  to
   amend  the  arts  and  cultural  affairs  law,  in  relation to resale
   requirements for tickets (Part C); to  amend  the  arts  and  cultural
   affairs  law, in relation to unlawful charges in connection with tick-
   ets (Part D); to amend the arts and cultural affairs law, in  relation
   to  the  availability  of tickets for sale to the general public (Part
   E); and to amend the arts and cultural affairs law, in relation to the
   resale of tickets included in a subscription or season ticket  package
   (Part  F);  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 to places of  entertainment,  in  relation  to  extending  the
   effectiveness thereof (Part G)
 
   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 G. 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.
                                                            LBD13236-01-5
              

 A. 8659                             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.  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.
   §  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] THEM 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.  NO  ONLINE
 RESALE  MARKETPLACE SHALL ALLOW A TICKET TO BE POSTED FOR RESALE WITHOUT
 FIRST VERIFYING  THE  PROFESSIONAL  RESELLER'S  NEW  YORK  STATE  TICKET
 RESELLER  LICENSE NUMBER IF SUCH SELLER MEETS THE CRITERIA FOR A PROFES-
 SIONAL RESELLER AS DEFINED IN THIS SECTION.
   (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 ONE
 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
 A. 8659                             3
 
 FEE OF TWO 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  THREE  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.
   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] THEIR authorized  inspectors.  It
 shall be unlawful for any person, firm, partnership or corporation hold-
 ing  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 purchas-
 ing 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.
   (C) EVERY ONLINE  RESALE  MARKETPLACE  SHALL  DISCLOSE  THE  LICENSING
 NUMBER  OF  THE PROFESSIONAL RESELLER IN A CLEAR AND CONSPICUOUS MANNER.
 SUCH DISCLOSURE OF THE LICENSING NUMBER SHALL BE DISPLAYED IN THE  TICK-
 ETING  LISTING  PRIOR TO THE TICKET BEING SELECTED FOR PURCHASE. DISCLO-
 SURE OF THE LICENSING NUMBER SHALL NOT BE FALSE OR  MISLEADING  AND  MAY
 NOT  BE  PRESENTED MORE PROMINENTLY OR IN THE SAME OR LARGER SIZE AS THE
 TOTAL PRICE. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO  NULLIFY,
 EXPAND,  RESTRICT,  OR  OTHERWISE  AMEND  OR MODIFY NOW EXISTING LAWS OR
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 REGULATIONS OUTSIDE OF THIS ARTICLE, AND  NOTHING  IN  THIS  SUBDIVISION
 SHALL  BE CONSTRUED AS MAKING LAWFUL ANY FRAUDULENT, DECEPTIVE, OR ILLE-
 GAL ACT OR PRACTICE THAT IS UNLAWFUL PURSUANT TO NOW  EXISTING  LAWS  OR
 REGULATIONS.
   §  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 B
 
   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  UNLESS  THE  PURCHASER  AND
 TICKET  SELLER OR RESELLER AGREE TO EXCHANGE SUCH TICKET FOR A TICKET OF
 COMPARABLE VALUE FOR THE SAME EVENT AT A DIFFERENT DATE  IN  LIEU  OF  A
 FULL  REFUND  WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE OF AN OPPORTU-
 NITY 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 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 counterfeit 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  AFORE-
 MENTIONED  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 PROMUL-
 GATE RULES AND REGULATIONS REGARDING NOTIFICATION PROCEDURES  AND  SHALL
 A. 8659                             5
 
 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 C
 
   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:
   (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
 A. 8659                             6

 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] THEM 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 D
 
   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:
   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]  THEIR  agent,  represen-
 tative,  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)  nothing in this article shall be construed to prohibit a reasonable
 service charge OF TWENTY-FIVE 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[, including but not limited to,] ACTUALLY RENDERED OR OTHERWISE
 IN CONNECTION TO CUSTOMER SUPPORT, TECHNOLOGICAL  AND  SOFTWARE  INFRAS-
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 TRUCTURE,  AND  ACTUAL  OPERATIONAL  COSTS  FOR  sales away from the box
 office[, credit card sales or delivery]; [and] (b) nothing in this arti-
 cle shall be construed to prohibit an operator or its agent from  offer-
 ing  for initial sale tickets by means of an auction; AND (C) NOTHING IN
 THIS SECTION SHALL APPLY TO TICKETS SOLD OR RESOLD FOR EVENTS AT  VENUES
 WITH A SEATING CAPACITY OF LESS THAN SIX THOUSAND FIVE HUNDRED GUESTS.
   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. IF SO ELECTED BY THE ARTIST OR THEIR AUTHORIZED AGENT:
   (A)  THE  TOTAL  PRICE AT WHICH A TICKET RESELLER MAY SELL OR OFFER TO
 SELL A TICKET TO A LIVE MUSIC  CONCERT  OR  MUSIC  PERFORMANCE  MAY  NOT
 EXCEED  THE TOTAL PRICE OF THE INITIAL TICKET, INCLUSIVE OF ALL FEES AND
 TAXES, INCLUDING THOSE SET FORTH IN SUBDIVISION ONE OF THIS SECTION,  IN
 CONNECTION WITH THE PURCHASE OF THE INITIAL TICKET;
   (B)  IF  AN  INITIAL  TICKET WAS PURCHASED FOR A SERIES OF EVENTS, THE
 TOTAL RESALE PRICE OF A TICKET FOR A SINGLE EVENT  MAY  NOT  EXCEED  THE
 TOTAL PRICE OF A SINGLE COMPARABLE TICKET, INCLUDING ALL FEES AND TAXES;
 AND
   (C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO APPLY TO TICKETS
 ACQUIRED  THROUGH A SEAT LICENSE THAT ENTITLES A SEAT HOLDER TO PURCHASE
 TICKETS FOR A DESIGNATED SEAT IN A VENUE FOR MULTIPLE EVENTS,  INCLUDING
 MUSIC  AND NON-MUSIC RELATED EVENTS, OVER A PERIOD OF TIME NOT EXCEEDING
 ONE YEAR.
   4. 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] THEY OR THEIR deputy  shall  exer-
 cise all the powers and perform all the duties which the district attor-
 ney 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 E
 
   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. PRIMARY TICKET
 SELLERS SHALL DISCLOSE AND DISPLAY ON THE WEBSITE, AT THE BOX OFFICE AND
 ANY OTHER METHOD OF TICKET DISTRIBUTION OF SUCH PRIMARY  TICKET  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 GENERAL
 PUBLIC OR WHEN THERE IS A FIVE PERCENT INCREASE IN THE AMOUNT OF TICKETS
 RELEASED FOR SALE TO THE GENERAL  PUBLIC.  THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO:  (I) VENUES WITH A SEATING 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 SKAT-
 ING  RINKS  AND  OTHER  RECREATIONAL FACILITIES OR EVENTS WHEREIN RIDES,
 A. 8659                             8
 
 EXHIBITS AND DISPLAYS, GAMES OR ACTIVITIES OF SKILL  OR  CHANCE  OR  THE
 SALE OF FOOD, BEVERAGES, TOYS AND SOUVENIRS CONSTITUTE THE MAIN USES.
   §  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 F

   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. SHOULD RENEWAL OF MEMBERSHIP, SEASON TICK-
 ETS, OR ASSOCIATED RIGHTS BE OFFERED TO ANY EXISTING  MEMBER  OR  SEASON
 TICKET HOLDER, NO SUCH RENEWAL SHALL BE DENIED TO ANY PARTY ON THE BASIS
 THAT TICKETS WERE RESOLD. NOR SHALL ANY DIFFERENTIAL IN RENEWAL PRICE BE
 IMPOSED  SOLELY  BECAUSE  THE  SEASON  TICKET  HOLDER  OR  MEMBER RESOLD
 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.
 
                                  PART G
 
   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 section 1  of  part  F  of
 chapter 358 of the laws of 2022, 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, [2025] 2028 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
 A. 8659                             9
 
 one of this act, shall survive such repeal date. Provided, however,  the
 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 section 2 of part F of chapter 358 of the
 laws of 2022, 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, [2025] 2028 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 G of this act shall  be
 as specifically set forth in the last section of such Parts.