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This entry was published on 2021-06-18
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SECTION 25.13
Licensing of ticket resellers
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE G, ARTICLE 25
* § 25.13. Licensing of ticket resellers. 1. No person, firm or
corporation 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 business 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. 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 ensuing 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.

2. No operator's agent shall sell or convey tickets to any secondary
ticket reseller owned or controlled by the operator's agent.

3. The operator or the promoter shall determine whether a seat for
which a ticket is for sale has an obstructed view, and shall disclose
such obstruction. Every sale or resale of such ticket shall include a
disclosure of such obstructed view.

4. If any licensee under this section demonstrates that their business
provides a service to facilitate ticket transactions without charging
any fees, surcharges or service charges above the established price, on
every transaction, except a reasonable and actual charge for the
delivery of tickets, then the fees for licensing under this section
shall be waived.

* NB Effective until July 1, 2022

* § 25.13. Printing price on ticket. Every person, firm or corporation
who owns, operates or controls a theatre, place of amusement or
entertainment, or other place where public exhibitions, games, contests
or performances are held shall, if a price be charged for admission
thereto, print on the face of each such ticket or other evidence of the
right of entry the price charged therefor by such person, firm or
corporation. Such person, firm or corporation shall likewise be required
to print or endorse thereon the maximum premium (not to exceed two
dollars, plus lawful taxes), at which such ticket or other evidence of
the right of entry may be resold or offered for resale. It shall be
unlawful for any person, firm or corporation to resell or offer to
resell such ticket or other evidence of the right of entry at any
premium or price in excess of such maximum premium printed or endorsed
thereon, plus lawful taxes, or so that the ultimate price to the
purchaser of such ticket shall exceed a sum in excess of two dollars
over and above the original price charged for admission as printed on
the face of each such ticket or other evidence of the right of entry,
plus lawful taxes.

* NB Effective July 1, 2022