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

                                  10722

                          I N  A S S E M B L Y

                              June 13, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Crespo) --
  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 auto-
  mated ticket purchasing software

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

  Section  1.  Section  25.24  of  the arts and cultural affairs law, as
added by chapter 151 of the laws of 2010, is amended to read as follows:
  S 25.24. [Automated ticket] TICKET purchasing software.  1.  The  term
"[automated]  ticket  purchasing  software"  shall  mean,  any  machine,
device, computer program or computer software that  [navigates  or  runs
automated  tasks  on  retail  ticket  purchasing  websites  in  order to
bypass], ON ITS OWN OR WITH HUMAN ASSISTANCE, BYPASSES security measures
[to purchase tickets] 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  [automated]  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  [automated]  ticket  purchasing  software  in order [to bypass
security measures] 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 dollars] ONE THOUSAND FIVE HUNDRED DOLLARS  for  each

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

                                                           LBD15881-01-6

A. 10722                            2

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
[automated]  ticket purchasing software to [bypass security measures 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, EMPLOY-
EES, 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 [five]
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.
  [6.] 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.
  [7.] 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 THER-
EFROM  (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 IF SUCH VIOLATION OF PARAGRAPH (I), (II)
OR  (III) OF THIS SUBDIVISION INVOLVES LESS THAN TWO HUNDRED FIFTY TICK-
ETS, AND A CLASS E FELONY IF SUCH VIOLATION OF PARAGRAPH  (I),  (II)  OR
(III) OF THIS SUBDIVISION INVOLVES TWO HUNDRED FIFTY OR MORE TICKETS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.