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This entry was published on 2021-06-18
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SECTION 25.25
Records of purchases and sales
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE G, ARTICLE 25
* § 25.25. Records of purchases and sales. 1. Every licensee shall at
all times keep full and accurate sets of records showing: (a) the prices
at which all tickets have been bought and sold by such licensee; and (b)
the names and addresses of the person, firm or corporation from whom
they were bought. Operators offering for initial sale tickets by means
of an auction shall maintain a record of the price when known and the
number of tickets and types of seats offered through auction. These
records shall be made available upon request to the state attorney
general, the secretary of state, or other governmental body with the
express authority to enforce any section of this article; provided,
however, that the records required to be maintained by this section
shall be considered proprietary in nature and shall be governed by the
protections set forth in subdivision five of section eighty-nine of the
public officers law. These records shall be retained for a period of not
less than ten years.

2. Twice annually, on June thirtieth and December thirty-first, every
licensee that resells tickets or facilitates the resale or resale
auction of tickets between independent parties by any and all means
shall report to the department of state the total number of, and average
resale or average final resale auction price of, all tickets to each
ticketed event, provided, however, that repeat performances of a single
event, and multiple events that are part of a season-long performance
shall be treated as a single event for the purposes of the reporting
requirement of this subdivision. The information required to be reported
by this section shall be considered proprietary in nature and shall be
governed by the protections set forth in subdivision five of section
eighty-nine of the public officers law, and shall be used exclusively
for analytical purposes by the department of state.

* NB Effective until July 1, 2022

* § 25.25. Violations; penalties. 1. Every person, firm or corporation
who resells any such ticket or other evidence of right of entry or
engages in the business of reselling any such ticket or other evidence
of the right of entry, without first having procured the license
prescribed and filing of a bond required by this article shall be guilty
of a misdemeanor. Every person, firm or corporation who violates any
provision of this article shall be guilty of a misdemeanor. A conviction
for any violation hereof shall be punishable by a fine not to exceed two
hundred fifty dollars for the first violation, five hundred dollars for
the second violation and one thousand dollars for any subsequent
violation or by imprisonment for a period not to exceed one year, or
both such fine and imprisonment as herein provided.

2. Notwithstanding the provisions of subdivision one of this section,
any person who has not previously been convicted of violating this
section and who sells less than six tickets shall be guilty of a
violation, and upon conviction shall be punishable by a fine not to
exceed one hundred dollars.

* NB Effective July 1, 2022