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This entry was published on 2021-06-18
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SECTION 25.30
Operator prohibitions
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE G, ARTICLE 25
* § 25.30. Operator prohibitions. 1. A ticket is a license, issued by
the operator of a place of entertainment, for admission to the place of
entertainment at the date and time specified on the ticket, subject to
the terms and conditions as specified by the operator. Notwithstanding
any other provision of law to the contrary, it shall be prohibited for
any operator of a place of entertainment, or operator's agent, to:

(a) restrict by any means the resale of any tickets included in a
subscription or season ticket package as a condition of purchase, as a
condition to retain such tickets for the duration of the subscription or
season ticket package agreement, or as a condition to retain any
contractually agreed upon rights to purchase future subscription or
season ticket packages that are otherwise conferred in the subscription
or season ticket agreement;

(b) deny access to a ticket holder who possesses a resold subscription
or season ticket to a performance based solely on the grounds that such
ticket has been resold; or

(c) employ a paperless ticketing system unless the consumer is given
an option to purchase paperless tickets that the consumer can transfer
at any price, and at any time, and without additional fees, independent
of the operator or operator's agent. Notwithstanding the foregoing, an
operator or operator's agent may employ a paperless ticketing system
that does not allow for independent transferability of paperless tickets
only if the consumer is offered an option at the time of initial sale to
purchase the same tickets in some other form that is transferrable
independent of the operator or operator's agent including, but not
limited to, paper tickets or e-tickets. The established price for any
given ticket shall be the same regardless of the form or transferability
of such ticket. The ability for a ticket to be transferred independent
of the operator or operator's agent shall not constitute a special
service for the purpose of imposing a service charge pursuant to section
25.29 of this article.

2. Additionally, nothing in this article shall be construed to
prohibit an operator of a place of entertainment from maintaining and
enforcing any policies regarding conduct or behavior at or in connection
with their venue. Further, nothing in this article shall be construed to
prohibit an operator of a place of entertainment or such operator's
agent, from restricting the resale of tickets that are offered as part
of a targeted promotion, at a discounted price, or for free, to specific
individuals or groups of individuals because of their status as, or
membership in, a specific community or group, including, but not limited
to, persons with disabilities, students, religious or civic
organizations, or persons demonstrating economic hardship; provided,
however that tickets offered promotionally to the general public shall
not be considered as tickets offered to specific individuals or groups
of individuals. Any promotional discounted or free tickets for which the
operator or operator's agent restricts resale must be clearly marked as
such. An operator shall be permitted to revoke or restrict season
tickets for reasons relating to violations of venue policies, including
but not limited to, attempts by two or more persons to gain admission to
a single event with both the cancelled tickets originally issued to a
season ticket holder and those tickets re-issued as part of a resale
transaction, and to the extent the operator may deem necessary for the
protection of the safety of patrons or to address fraud or misconduct.

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

4. 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. If the operator or promoter discloses that a seat for
which a ticket is for sale has an obstructed view, it shall be the
responsibility of the secondary ticket reseller to disclose such
obstruction upon the resale of such ticket. Such obstruction shall not
include an obstruction of view caused by a person, or persons, seated in
an adjacent seat, or seats, or occupying an aisle; or an obstruction of
view caused by an object or objects placed upon an adjacent seat or
seats, or in an aisle; or an obstruction of view that is de minimus or
transitory in nature.

5. No operator or its agent shall transfer a prospective ticket
purchaser through any means to a licensee or secondary ticket reseller
without providing a clear and conspicuous disclosure that informs the
prospective purchaser that the ticket is not being offered by the
operator or its agent, but rather by a licensee or other ticket reseller
in the secondary market.

* NB Repealed July 1, 2022