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This entry was published on 2021-06-18
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SECTION 25.03
Definitions
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE G, ARTICLE 25
* § 25.03. Definitions. As used in this article the term: 1.
"Entertainment" means all forms of entertainment including, but not
limited to, theatrical or operatic performances, concerts, motion
pictures, all forms of entertainment at fair grounds, amusement parks
and all types of athletic competitions including football, basketball,
baseball, boxing, tennis, hockey, and any other sport, and all other
forms of diversion, recreation or show.

2. "Established price" means the price fixed at the time of sale by
the operator of any place of entertainment for admission thereto, which
must be printed or endorsed on each ticket of admission.

3. "Final auction price" shall mean the price paid for a single ticket
by a winning bidder. In the case of a single action price for a ticket
package, including packages containing tickets to multiple events, the
final auction price per ticket shall be established by evenly dividing a
prorated share of the winning bid, which shall be determined by the
seller, by the number of tickets to such event.

4. "Not-for-profit organization" means a domestic corporation
incorporated pursuant to or otherwise subject to the not-for-profit
corporation law, a charitable organization registered with the
department of law, a religious corporation as defined in section
sixty-six of the general construction law, a trustee as defined in
section 8-1.4 of the estates, powers and trusts law, an institution or
corporation formed pursuant to the education law, a special act
corporation created pursuant to chapter four hundred sixty-eight of the
laws of eighteen hundred ninety-nine, as amended, a special act
corporation formed pursuant to chapter two hundred fifty-six of the laws
of nineteen hundred seventeen, as amended, a corporation authorized
pursuant to an act of congress approved January fifth, nineteen hundred
five, (33 stat. 599), as amended, a corporation established by merger of
charitable organizations pursuant to an order of the supreme court, New
York county dated July twenty-first, nineteen hundred eighty-six and
filed in the department of state on July twenty-ninth, nineteen hundred
eighty-six, or a corporation having tax exempt status under section 501
(c) (3) of the United States Internal Revenue Code, and shall further be
deemed to mean and include any federation of charitable organizations.

5. "Operator" means any person who owns, operates, or controls a place
of entertainment or who promotes or produces an entertainment.

6. "Place of entertainment" means any privately or publicly owned and
operated entertainment facility such as a theatre, stadium, arena,
racetrack, museum, amusement park, or other place where performances,
concerts, exhibits, athletic games or contests are held for which an
entry fee is charged.

7. "Physical structure" means the place of entertainment, or in the
case where a structure either partially or wholly surrounds the place of
entertainment, such surrounding structure.

8. "Resale" means any sale of a ticket for entrance to a place of
entertainment located within the boundaries of the state of New York
other than a sale by the operator or the operator's agent who is
expressly authorized to make first sales of such tickets. Resale shall
include sales by any means, including in person, or by means of
telephone, mail, delivery service, facsimile, internet, email or other
electronic means, where the venue for which the ticket grants admission
is located in New York state. Except as provided in sections 25.11 and
25.27 of this article, the term "resale" shall not apply to any person,
firm or corporation which purchases any tickets solely for their own use
or the use of their invitees, employees and agents or which purchases
tickets on behalf of others and resells such tickets to such invitees,
employees and agents or others at or less than the established price.
Similarly, the term "resale" shall not apply to any not-for-profit
organization, or person acting on behalf of such not-for-profit
organization, as long as any profit realized from ticket reselling is
wholly dedicated to the purposes of such not-for-profit organization.

9. "Ticket" means any evidence of the right of entry to any place of
entertainment.

10. "Ticket office" means a building or other structure located other
than at the place of entertainment, at which the operator or the
operator's agent offers tickets for first sale to the public.

* NB Effective until July 1, 2022

* § 25.03. Reselling of tickets of admission; licenses; fees. 1. No
person, firm or corporation shall resell or engage in the business of
reselling any tickets of admission or any other evidence of the right of
entry to a theatre, place of amusement or entertainment, or other places
where public exhibitions, games, contests or performances are held, 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 therefor from the commissioner of licenses of the political
subdivision in which such person intends to conduct such business and if
there be no such commissioner, then the chief executive officer thereof
shall be deemed to be the commissioner for the purposes of this article.
A license for the principal office shall be granted upon the payment by
or on behalf of the applicant of a fee of two hundred dollars and shall
be renewed upon the payment of a like fee annually; and a certificate
shall be granted for each branch office, bureau, agency or sub-agency,
upon payment by or on behalf of an applicant of a fee of fifty dollars
and shall be renewed upon the payment of a like fee annually. Such
license or certificate shall not be transferred or assigned, except by
permission of such commissioner. No change in the location of the
premises covered by such license or certificate shall be made, except by
permission of such commissioner, and upon the payment of a fee of ten
dollars. Such license or certificate shall run to the first day of
January next ensuing the date thereof, unless sooner revoked by such
commissioner. Such license or certificate shall be granted upon a
written application setting forth such information as such commissioner
may require in order to enable him to carry into effect the provisions
of this article and shall be accompanied by proof satisfactory to such
commissioner of the moral character of the applicant. No license or
certificate shall be issued for any office or branch office, bureau,
agency or sub-agency unless such office or branch office, bureau, agency
or sub-agency shall be a suitable place for the conduct of said business
and shall meet with the approval of such commissioner.

2. This section shall not apply to any person, firm or corporation
which purchases any tickets as defined in this section with the intent
of using the tickets solely for their own use or the use of their
invitees, employees and agents and resells them at a price not in excess
of that permitted by section 25.13 of this article should they no longer
be able to use them.

* NB Effective July 1, 2022