S T A T E   O F   N E W   Y O R K
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                                  9637

                          I N  A S S E M B L Y

                              May 13, 2014
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Tourism, Parks, Arts and Sports Development

AN ACT to amend the arts and cultural affairs law, in relation to limit-
  ing  the re-sale price of tickets to charitable events and criminaliz-
  ing violations of the limitation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  arts and cultural affairs law is amended by adding a
new section 25.06 to read as follows:
  S 25.06. TICKET SPECULATORS; CHARITABLE OR NOT-FOR-PROFIT EVENTS.   1.
EVERY  OPERATOR OF A PLACE OF ENTERTAINMENT SHALL, IF A PRICE BE CHARGED
FOR  ADMISSION  THERETO  FOR  ENTERTAINMENT  DEDICATED  TO  CHARITY   OR
NOT-FOR-PROFIT  CAUSE,  PRINT OR ENDORSE ON THE FACE OF EACH SUCH TICKET
THE ESTABLISHED PRICE, OR THE FINAL AUCTION PRICE  IF  SUCH  TICKET  WAS
SOLD  OR  RESOLD BY AUCTION THROUGH THE OPERATOR OR ITS AGENT. EACH SUCH
OPERATOR SHALL ALSO BE REQUIRED TO PRINT OR ENDORSE ON EACH TICKET  THAT
THE ESTABLISHED PRICE IS THE MAXIMUM PRICE AT WHICH SUCH TICKET OR OTHER
EVIDENCE OF THE RIGHT OF ENTRY MAY BE RESOLD OR OFFERED FOR RESALE IF AN
EVENT  GENERATES TICKET SALES REVENUE DEDICATED TO A CHARITY OR NOT-FOR-
PROFIT CAUSE. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM  OR  CORPORATION
TO  RESELL  OR  OFFER TO RESELL ANY TICKET OR OTHER EVIDENCE OF RIGHT OF
ENTRY TO ANY PLACE OF ENTERTAINMENT IF AN EVENT  GENERATES  TICKET  SALE
REVENUE DEDICATED TO A CHARITY OR NOT-FOR-PROFIT CAUSE FOR MORE THAN THE
ESTABLISHED PRICE.
  2.  A. ANY PERSON, FIRM OR CORPORATION WHICH, IN VIOLATION OF SUBDIVI-
SION ONE OF THIS SECTION, UNLAWFULLY RESELLS, OR  OFFERS  TO  RESELL,  A
TICKET  TO  AN  EVENT  THAT GENERATES TICKET SALE REVENUE DEDICATED TO A
CHARITY OR NOT-FOR-PROFIT CAUSE AT A  PRICE  THAT  EXCEEDS  THE  MAXIMUM
PRICE  AT WHICH SUCH TICKET MAY BE RESOLD OR OFFERED FOR RESALE SHALL BE
GUILTY OF A MISDEMEANOR PUNISHABLE BY A  TERM  OF  IMPRISONMENT  NOT  TO
EXCEED  ONE  YEAR OR BY A FINE NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS
ON THE FIRST CONVICTION; ONE THOUSAND FIVE HUNDRED DOLLARS ON THE SECOND
CONVICTION; AND TWO THOUSAND DOLLARS, ON EACH SUBSEQUENT  CONVICTION  OR
BY BOTH SUCH FINE AND IMPRISONMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05357-03-3

A. 9637                             2

  B. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, WHEN THE FINES
INCLUDED  IN  THIS  SECTION  ARE IMPOSED ON A FIRM, CORPORATION OR OTHER
ENTITY THAT IS NOT A SINGLE PERSON, SUCH FINES MAY BE IMPOSED AT  UP  TO
TWO  TIMES  THE  AMOUNT  OTHERWISE  ALLOWED, OR, WHERE APPLICABLE, THREE
TIMES THE AMOUNT OF THE DEFENDANT'S GAIN.
  3.  AS USED IN THIS SECTION THE TERM: A. "ENTERTAINMENT DEDICATED TO A
CHARITY OR  NOT-FOR-PROFIT  CAUSE"  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 FOOT-
BALL, BASKETBALL, BASEBALL, BOXING, TENNIS, HOCKEY, AND ANY OTHER SPORT,
AND ALL OTHER FORMS OF DIVERSION, RECREATION OR SHOW FROM WHICH  SIGNIF-
ICANT REVENUE IS DESIGNATED FOR A NOT-FOR-PROFIT ORGANIZATION AS DEFINED
IN PARAGRAPH D OF THIS SUBDIVISION; AND
  B.  "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;
  C. "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;
  D. "NOT-FOR-PROFIT ORGANIZATION" MEANS A DOMESTIC CORPORATION INCORPO-
RATED 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.
  E. "OPERATOR" MEANS ANY PERSON WHO OWNS, OPERATES, OR CONTROLS A PLACE
OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT;
  F. "PLACE OF ENTERTAINMENT" MEANS ANY PRIVATELY OR PUBLICLY OWNED  AND
OPERATED ENTERTAINMENT FACILITY SUCH AS A THEATRE, STADIUM, ARENA, RACE-
TRACK,  MUSEUM,  AMUSEMENT  PARK,  OR  OTHER  PLACE  WHERE PERFORMANCES,
CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS ARE  HELD  FOR  WHICH  AN
ENTRY FEE IS CHARGED;
  G.  "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 TELE-
PHONE, MAIL, DELIVERY SERVICE, FACSIMILE, INTERNET, EMAIL OR OTHER ELEC-
TRONIC MEANS, WHERE THE VENUE FOR WHICH THE TICKET GRANTS  ADMISSION  IS

A. 9637                             3

LOCATED  IN NEW YORK STATE.  EXCEPT AS PROVIDED IN SECTION 25.11 OF THIS
ARTICLE, THE TERM "RESALE" SHALL NOT APPLY TO ANY PERSON, FIRM OR CORPO-
RATION 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; AND
  H. "TICKET" MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY  PLACE  OF
ENTERTAINMENT.
  S  2. This act shall take effect on the forty-fifth day after it shall
have become a law.