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This entry was published on 2019-01-18
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SECTION 25.24
Ticket purchasing software
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE G, ARTICLE 25
§ 25.24. Ticket purchasing software. 1. The term " ticket purchasing
software" shall mean, any machine, device, computer program or computer
software that, on its own or with human assistance, bypasses security
measures or access control systems on a retail ticket purchasing
platform, or other controls or measures on a retail ticket purchasing
platform that assist in implementing a limit on the number of tickets
that can be purchased, to purchase tickets. For purposes of this
section, the term "retail ticket purchasing platform" shall mean a
retail ticket purchasing website, application, phone system, or other
technology platform used to sell tickets.

2. (a) It shall be unlawful for any person, firm, corporation or other
entity to utilize ticket purchasing software to purchase tickets.

(b) It shall be unlawful for any person, firm, corporation or other
entity to knowingly resell or offer to resell a ticket that such person,
firm, corporation or other entity knows was obtained using ticket
purchasing software and was not obtained for their own use or the use of
their invitees, employees, or agents.

3. (a) Any person, firm, corporation or other entity who knowingly
utilizes ticket purchasing software in order to purchase tickets shall
be subject to a civil penalty in an amount of no less than five hundred
dollars and no more than one thousand five hundred dollars for each such
violation and shall forfeit all profits made from the sale of any such
unlawfully obtained tickets.

4. Any person, firm, corporation or other entity who intentionally
maintains any interest in or maintains any control of the operation of
ticket purchasing software to purchase tickets shall be subject to a
civil penalty in an amount of no less than seven hundred fifty dollars
and no more than one thousand five hundred dollars for each such
violation and shall forfeit all profits made from the sale of any such
unlawfully obtained tickets.

5. Any person, firm, corporation or other entity who knowingly resells
or offers to resell a ticket that such person, firm, corporation or
other entity knows was obtained using ticket purchasing software and was
not obtained for their own use or the use of their invitees, employees,
or agents shall be subject to a civil penalty in an amount of no less
than five hundred dollars and no more than one thousand five hundred
dollars for each such violation and shall forfeit all profits made from
the sale of any such unlawfully obtained ticket.

6. Any person who is subject to a civil penalty under this section and
has been assessed a penalty under this section in the previous three
years shall be guilty of a violation and may be fined no less than one
thousand dollars and no more than five thousand dollars for each such
violation and shall forfeit all profits from the sale of any such
unlawfully obtained tickets. In addition, a person convicted of a
violation under this section may be required to forfeit any and all
equipment used in the unlawful purchasing of tickets.

7. The attorney general shall have jurisdiction to enforce the
provisions of this section in accordance with the powers granted to him
or her by section sixty-three of the executive law.

8. In addition to the power given to the attorney general to enforce
the provisions of this section, any place of entertainment, as defined
by section 23.03 of this chapter, or any aggrieved party that has been
injured by wrongful conduct prescribed by this section may bring an
action to recover all actual damages suffered as a result of any of such
wrongful conduct. The court in its discretion may award damages up to
three times the amount of actual damages. The court may enjoin the
respondent from any and all activity prohibited under this section. The
court may also award reasonable attorney's fees and costs.

9. Any person, firm, corporation or other entity who for the purpose
of selling or offering to sell tickets in order to derive a profit
therefrom (i) intentionally utilizes ticket purchasing software to
purchase such tickets, (ii) intentionally maintains any interest in or
maintains any control of the operation of ticket purchasing software
which is used to purchase such tickets, or (iii) knowingly resells or
offers to resell a ticket that such person, firm, corporation or other
entity knows was obtained using ticket purchasing software and was not
obtained for their own use or the use of their invitees, employees, or
agents, shall be guilty of a class A misdemeanor.

10. Any person, firm, corporation or other entity who is a licensee
under this article who is adjudicated guilty of the following acts may
lose their license and may be barred from licensure under this article
for a period not to exceed three years to be determined by the
department of state pursuant to section 25.31 of this article if such
licensee: (a) knowingly utilized ticket purchasing software in order to
purchase tickets; (b) knowingly resold or offered to resell a ticket
that such licensee knew was obtained using ticket purchasing software;
or (c) intentionally maintained any interest in or maintained any
control of the operation of ticket purchasing software to purchase
tickets.