Assembly Bill A8921

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8921
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 16, 2025
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain entertainment and sports venues constructed or operating under
   public  financial benefit to implement fan-friendly concession pricing
   policies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "fair concession pricing act".
   § 2. Legislative  findings  and  intent.  The  legislature  finds  and
 declares  that entertainment venues and sports stadiums receiving public
 subsidies, including but not limited to taxpayer-funded construction  or
 tax  exemptions, have a civic responsibility to ensure affordability and
 accessibility for the general public. Excessive food and beverage  pric-
 ing  at  these  venues  limits  access and undermines the public benefit
 intended through such subsidies. This act seeks to establish  reasonable
 pricing policies aligned with market-based "street pricing" standards to
 protect consumers and promote fairness.
   § 3. The general business law is amended by adding a new section 397-c
 to read as follows:
   §  397-C. FAN-FRIENDLY CONCESSION PRICING. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ENTERTAINMENT FACILITY" SHALL  MEAN  ANY  PUBLICLY  OR  PRIVATELY
 OWNED  ARENA,  STADIUM,  AMPHITHEATER, OR SIMILAR VENUE WITHIN THE STATE
 THAT:
   (I) HAS A SEATING CAPACITY OF TWO THOUSAND  FIVE  HUNDRED  PERSONS  OR
 MORE; AND
   (II)  IS  PRIMARILY  USED  FOR  ENTERTAINMENT OR PROFESSIONAL SPORTING
 EVENTS;
   (B) "PUBLIC FINANCIAL BENEFIT" SHALL INCLUDE, BUT NOT BE LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13390-01-5
              

 A. 8921                             2
 
   (I) THE RECEIPT OF ANY TAXPAYER FUNDS FOR CONSTRUCTION, RENOVATION, OR
 OPERATION; OR
   (II) FULL OR PARTIAL EXEMPTION FROM STATE, LOCAL, OR MUNICIPAL PROPER-
 TY TAXES, SALES TAXES, OR OTHER LEVIES; AND
   (C)  "FAN-FRIENDLY CONCESSION PRICING" OR "STREET PRICING MODEL" SHALL
 MEAN THE PRICING OF FOOD AND NON-ALCOHOLIC BEVERAGES AT  RATES  NO  MORE
 THAN  TWENTY  PERCENT  ABOVE  THE  AVERAGE RETAIL PRICE OF SUCH ITEMS AT
 SIMILAR NON-VENUE COMMERCIAL ESTABLISHMENTS WITHIN A TEN-MILE RADIUS.
   2. (A) ANY ENTERTAINMENT FACILITY THAT  RECEIVES  OR  HAS  RECEIVED  A
 PUBLIC  FINANCIAL  BENEFIT  SHALL  BE  REQUIRED  TO ADOPT A FAN-FRIENDLY
 CONCESSION PRICING POLICY.
   (B) SUCH PRICING POLICY SHALL APPLY  TO  ALL  FOOD  AND  NON-ALCOHOLIC
 BEVERAGES SOLD WITHIN THE FACILITY DURING PUBLIC EVENTS.
   (C)  ENTERTAINMENT FACILITIES SHALL SUBMIT AN ANNUAL COMPLIANCE REPORT
 TO THE DEPARTMENT OF STATE, DETAILING:
   (I) AVERAGE CONCESSION PRICES;
   (II) COMPARABLE LOCAL MARKET PRICES; AND
   (III) EVIDENCE OF COMPLIANCE WITH THE STREET PRICING MODEL.
   (D) THE SECRETARY OF STATE  SHALL  BE  AUTHORIZED  TO  CONDUCT  RANDOM
 AUDITS AND ENFORCE THE PROVISIONS OF THIS SECTION.
   3.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
 CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE  OF
 THE  STATE  OF  NEW YORK, TO A COURT OR JUSTICE HAVING JURISDICTION BY A
 SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
 THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
 SECTION,  AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER  A  COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT
 MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR
 EACH EVENT DURING WHICH A VIOLATION OCCURS.
   (B) REPEATED VIOLATIONS MAY RESULT IN THE SUSPENSION OF APPLICABLE TAX
 EXEMPTIONS OR A REQUIREMENT TO REPAY A  PORTION  OF  PREVIOUSLY  GRANTED
 PUBLIC FUNDS.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.