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

                                 192--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. SQUADRON, PERALTA -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations -- recommitted to the Committee on  Investi-
  gations  and  Government  Operations in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the arts and cultural affairs law, in relation to resale
  of  tickets  to  places  of entertainment; and to repeal article 25 of
  such law relating thereto

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

  Section 1. Article 25 of the arts and cultural affairs law is REPEALED
and a new article 25 is added to read as follows:
                               ARTICLE 25
                   TICKETS TO PLACES OF ENTERTAINMENT
SECTION 25.01. LEGISLATIVE FINDINGS.
        25.03. DEFINITIONS.
        25.05. TICKET SPECULATORS.
        25.07. TICKET PRICES.
        25.09. ADDITIONAL PRINTING ON TICKETS.
        25.11. RESALES OF TICKETS WITHIN BUFFER ZONE.
        25.13. LICENSING OF TICKET RESELLERS.
        25.15. BOND.
        25.17. SUPERVISION AND REGULATION.
        25.19. POSTING OF LICENSE OR CERTIFICATE.
        25.21. CHANGE OF OFFICE LOCATION.
        25.23. POSTING OF PRICE LISTS; INFORMATION TO PURCHASER.
        25.24. AUTOMATED TICKET PURCHASING SOFTWARE.
        25.25. RECORDS OF PURCHASES AND SALES.
        25.27. COMMISSIONS TO EMPLOYEES OF PLACES OF ENTERTAINMENT.

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

                                                           LBD00843-02-6

S. 192--A                           2

        25.29. UNLAWFUL CHARGES IN CONNECTION WITH TICKETS.
        25.30. OPERATOR PROHIBITIONS.
        25.31. SUSPENSION OR REVOCATION OF LICENSES.
        25.33. ENFORCEMENT.
        25.35. CRIMINAL PENALTIES.
  S 25.01. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DECLARES THAT
TRANSACTIONS  INVOLVING TICKETS FOR ADMISSION TO PLACES OF ENTERTAINMENT
ARE A MATTER OF PUBLIC INTEREST AND SUBJECT TO THE  SUPERVISION  OF  NEW
YORK  AND  THE  APPROPRIATE  POLITICAL SUBDIVISIONS OF THE STATE FOR THE
PURPOSE OF SAFEGUARDING THE PUBLIC AGAINST FRAUD, EXTORTION, AND SIMILAR
ABUSES.
  THE LEGISLATURE FURTHER FINDS THAT MANY TICKET RESELLERS ADVERTISE AND
SELL TICKETS TO PLACES OF ENTERTAINMENT WITHIN  THE  BOUNDARIES  OF  NEW
YORK  STATE  OFTEN FROM LOCATIONS OUTSIDE THE STATE, WITHOUT ADHERING TO
THE PROVISIONS OF THIS ARTICLE. THE LEGISLATURE  OBJECTS  TO  ANY  CLAIM
THAT  BUSINESSES DOMICILED OUTSIDE NEW YORK STATE ARE EXEMPTED FROM THIS
STATUTE WHEN SELLING TICKETS TO EVENTS  OCCURRING  IN  NEW  YORK  STATE,
REGARDLESS OF THE TERRITORIES OF ORIGIN OF BOTH THE BUYER AND SELLER. IT
IS  THE  LEGISLATURE'S  INTENT THAT ALL GOVERNMENTAL BODIES CHARGED WITH
ENFORCEMENT OF THIS ARTICLE, INCLUDING THE ATTORNEY GENERAL OF NEW  YORK
STATE  HAVE  THE  AUTHORITY  TO  REGULATE  THE ACTIVITIES OF ALL PERSONS
RESELLING TICKETS TO VENUES LOCATED WITHIN THIS STATE TO THE FULL EXTENT
OF THE STATE'S POWERS UNDER THE FEDERAL AND STATE CONSTITUTIONS AND THAT
THIS ARTICLE BE CONSTRUED IN LIGHT OF THIS PURPOSE.
  S 25.03. DEFINITIONS. AS USED IN THIS ARTICLE THE TERM:
  1. "ENTERTAINMENT" 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  FOOTBALL,  BASKETBALL,
BASEBALL,  BOXING,  TENNIS,  HOCKEY,  AND ANY OTHER SPORT, AND ALL OTHER
FORMS OF DIVERSION, RECREATION OR SHOW.
  2. "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.
  3. "MAXIMUM PREMIUM PRICE" MEANS ANY PREMIUM OR PRICE IN EXCESS OF THE
ESTABLISHED PRICE PRINTED OR ENDORSED ON THE TICKET PURSUANT TO  SECTION
25.07  OF THIS ARTICLE, PLUS LAWFUL TAXES, SO THAT THE ULTIMATE PRICE OF
THE PURCHASE OF ANY SUCH TICKET TO A PLACE OF  ENTERTAINMENT  SHALL  NOT
EXCEED  THE  SUM  OF  THE  ESTABLISHED  PRICE PLUS TWENTY PERCENT OF THE
ESTABLISHED PRICE.
  4. "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

S. 192--A                           3

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.
  5. "OPERATOR" MEANS ANY PERSON WHO OWNS, OPERATES, OR CONTROLS A PLACE
OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT.
  6.  "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.
  7. "PHYSICAL STRUCTURE" MEANS THE PLACE OF ENTERTAINMENT,  OR  IN  THE
CASE WHERE A STRUCTURE EITHER PARTIALLY OR WHOLLY SURROUNDS THE PLACE OF
ENTERTAINMENT, SUCH SURROUNDING STRUCTURE.
  8.  "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
LOCATED  IN  NEW  YORK  STATE.  EXCEPT AS PROVIDED IN SECTIONS 25.11 AND
25.27 OF THIS ARTICLE, THE TERM "RESALE" SHALL NOT APPLY TO ANY  PERSON,
FIRM OR CORPORATION 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 ORGAN-
IZATION, AS LONG AS ANY PROFIT REALIZED FROM TICKET RESELLING IS  WHOLLY
DEDICATED TO THE PURPOSES OF SUCH NOT-FOR-PROFIT ORGANIZATION.
  9.  "TICKET"  MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY PLACE OF
ENTERTAINMENT.
  10. "TICKET OFFICE" MEANS A BUILDING OR OTHER STRUCTURE LOCATED  OTHER
THAN  AT THE PLACE OF ENTERTAINMENT, AT WHICH THE OPERATOR OR THE OPERA-
TOR'S AGENT OFFERS TICKETS FOR FIRST SALE TO THE PUBLIC.
  S 25.05. TICKET SPECULATORS. ANY PERSON WHO:
  1. CONDUCTS ON OR IN ANY STREET IN A CITY OR IN THE COUNTY  OF  NASSAU
THE  BUSINESS OF SELLING OR OFFERING FOR SALE ANY TICKET OF ADMISSION OR
ANY OTHER EVIDENCE OF THE RIGHT OF ENTRY TO ANY PERFORMANCE  OR  EXHIBI-
TION  IN  OR ABOUT THE PREMISES OF ANY THEATRE OR CONCERT HALL, PLACE OF
PUBLIC AMUSEMENT, CIRCUS OR COMMON SHOW; OR
  2. SOLICITS ON OR IN ANY STREET IN A CITY OR IN THE COUNTY  OF  NASSAU
BY  WORDS,  SIGNS,  CIRCULARS  OR OTHER MEANS ANY PERSON TO PURCHASE ANY
SUCH TICKET OR OTHER EVIDENCE OF THE RIGHT OF ENTRY; OR
  3. IN OR FROM ANY BUILDING, STORE, SHOP, BOOTH, YARD, GARDEN OR IN  OR
FROM  ANY  OPENING,  WINDOW,  DOOR,  HALLWAY, CORRIDOR OR IN OR FROM ANY
PLACE OF INGRESS OR EGRESS TO OR FROM ANY BUILDING, PLACE  OF  BUSINESS,
STORE,  SHOP, BOOTH, YARD OR GARDEN IN A CITY OR IN THE COUNTY OF NASSAU
INDICATES, HOLDS OUT OR OFFERS FOR SALE TO ANY PERSON OR PERSONS  ON  OR
IN THE STREET BY WORD OF MOUTH, CRYING, CALLING, SHOUTING OR OTHER MEANS
THAT  SUCH  TICKET  OR  OTHER  EVIDENCE  OF  THE  RIGHT  OF ENTRY MAY BE
PURCHASED IN SUCH BUILDING, STORE, SHOP,  BOOTH,  YARD,  GARDEN  OR  ANY
OTHER PLACE; OR
  4.  IN  OR FROM ANY SUCH PLACE OR PLACES IN A CITY OR IN THE COUNTY OF
NASSAU SOLICITS BY WORD OF MOUTH, CRYING,  CALLING,  SHOUTING  OR  OTHER

S. 192--A                           4

MEANS  ANY  PERSON  ON  OR  IN THE STREET TO PURCHASE ANY SUCH TICKET OR
OTHER EVIDENCE OF THE RIGHT OF ENTRY, IS GUILTY OF A MISDEMEANOR.
   S 25.07. TICKET PRICES. 1. EVERY OPERATOR OF A PLACE OF ENTERTAINMENT
SHALL,  IF A PRICE BE CHARGED FOR ADMISSION THERETO, PRINT OR ENDORSE ON
THE FACE OF EACH SUCH TICKET THE ESTABLISHED PRICE.  SUCH OPERATOR SHALL
LIKEWISE BE REQUIRED TO PRINT OR ENDORSE  ON  EACH  TICKET  THE  MAXIMUM
PREMIUM  PRICE  AT  WHICH  SUCH TICKET OR OTHER EVIDENCE OF THE RIGHT OF
ENTRY MAY BE RESOLD OR OFFERED FOR RESALE.  IT SHALL BE UNLAWFUL FOR ANY
PERSON, FIRM OR CORPORATION TO RESELL OR OFFER TO RESELL ANY  TICKET  TO
ANY PLACE OF ENTERTAINMENT FOR MORE THAN THE MAXIMUM PREMIUM PRICE.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, ANY PERSON, FIRM OR
CORPORATION, REGARDLESS OF WHETHER OR NOT LICENSED UNDER  THIS  ARTICLE,
THAT  RESELLS  TICKETS  OR  FACILITATES  THE RESALE OR RESALE AUCTION OF
TICKETS BETWEEN INDEPENDENT PARTIES BY ANY MEANS, MUST GUARANTEE TO EACH
PURCHASER OF SUCH RESOLD TICKETS THAT THE PERSON,  FIRM  OR  CORPORATION
WILL  PROVIDE A FULL REFUND OF THE AMOUNT PAID BY THE PURCHASER (INCLUD-
ING, BUT NOT LIMITED TO, ALL FEES, REGARDLESS OF HOW  CHARACTERIZED)  IF
ANY  OF  THE  FOLLOWING  OCCURS: (A) THE EVENT FOR WHICH SUCH TICKET HAS
BEEN RESOLD IS CANCELLED, PROVIDED THAT IF THE EVENT IS  CANCELLED  THEN
ACTUAL  HANDLING  AND DELIVERY FEES NEED NOT BE REFUNDED AS LONG AS SUCH
PREVIOUSLY DISCLOSED GUARANTEE SPECIFIES THAT  SUCH  FEES  WILL  NOT  BE
REFUNDED;  (B)  THE  TICKET RECEIVED BY THE PURCHASER DOES NOT GRANT THE
PURCHASER ADMISSION TO THE EVENT DESCRIBED ON THE  TICKET,  FOR  REASONS
THAT  MAY INCLUDE, WITHOUT LIMITATION, THAT THE TICKET IS COUNTERFEIT OR
THAT THE TICKET HAS BEEN CANCELLED BY THE ISSUER DUE TO NON-PAYMENT,  OR
THAT  THE  EVENT  DESCRIBED  ON  THE TICKET WAS CANCELLED FOR ANY REASON
PRIOR TO PURCHASE OF THE RESOLD TICKET, UNLESS THE TICKET  IS  CANCELLED
DUE  TO AN ACT OR OMISSION BY SUCH PURCHASER; OR (C) THE TICKET FAILS TO
CONFORM TO ITS DESCRIPTION AS ADVERTISED UNLESS THE  BUYER  HAS  PRE-AP-
PROVED A SUBSTITUTION OF TICKETS.
  3.  PRIOR TO THE PAYMENT OF A REFUND IT SHALL BE THE OBLIGATION OF THE
SELLER AND PURCHASER TO FIRST MAKE A GOOD FAITH  EFFORT  TO  REMEDY  ANY
DISPUTES WHERE THE SELLER AND PURCHASER HAVE AGREED TO TERMS ESTABLISHED
BY  THE LICENSEE OR WEBSITE MANAGER FOR THE DISPOSITION OF DISPUTES AS A
CONDITION TO FACILITATE THE TRANSACTION.
  S 25.09. ADDITIONAL PRINTING ON TICKETS.  EVERY OPERATOR OF A PLACE OF
ENTERTAINMENT HAVING A PERMANENT SEATING  CAPACITY  IN  EXCESS  OF  FIVE
THOUSAND  PERSONS  SHALL,  IF  A PRICE BE CHARGED FOR ADMISSION THERETO,
PRINT OR ENDORSE IN A CLEAR AND LEGIBLE MANNER  ON  EACH  TICKET,  "THIS
TICKET  MAY NOT BE RESOLD WITHIN ONE THOUSAND FIVE HUNDRED FEET FROM THE
PHYSICAL STRUCTURE OF THIS PLACE OF ENTERTAINMENT UNDER PENALTY OF LAW".
  S 25.11. RESALES OF TICKETS WITHIN BUFFER ZONE.  1. NO  PERSON,  FIRM,
CORPORATION  OR  NOT-FOR-PROFIT  ORGANIZATION, WHETHER OR NOT DOMICILED,
LICENSED OR REGISTERED WITHIN THE STATE, SHALL RESELL, OFFER  TO  RESELL
OR SOLICIT THE RESALE OF ANY TICKET TO ANY PLACE OF ENTERTAINMENT HAVING
A  PERMANENT  SEATING CAPACITY IN EXCESS OF FIVE THOUSAND PERSONS WITHIN
ONE THOUSAND FIVE HUNDRED FEET FROM THE PHYSICAL STRUCTURE OF SUCH PLACE
OF ENTERTAINMENT, OR A TICKET OFFICE.
  2. NO PERSON, FIRM, CORPORATION OR NOT-FOR-PROFIT ORGANIZATION, WHETH-
ER OR NOT DOMICILED, LICENSED OR  REGISTERED  WITHIN  THE  STATE,  SHALL
RESELL, OFFER TO RESELL OR SOLICIT THE RESALE OF ANY TICKET TO ANY PLACE
OF ENTERTAINMENT HAVING A PERMANENT SEATING CAPACITY OF FIVE THOUSAND OR
FEWER  PERSONS  WITHIN  FIVE HUNDRED FEET FROM THE PHYSICAL STRUCTURE OR
TICKET OFFICE OF SUCH PLACE  OF  ENTERTAINMENT,  PROVIDED  HOWEVER  THAT
CURRENT  LICENSEES  AND  THOSE  SEEKING A LICENSE UNDER THIS ARTICLE ARE

S. 192--A                           5

EXEMPT FROM SUCH BUFFER ZONE WHEN OPERATING OUT OF A PERMANENT  PHYSICAL
STRUCTURE.
  3. NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, AN OPERA-
TOR  MAY  DESIGNATE  AN  AREA  WITHIN THE PROPERTY LINE OF SUCH PLACE OF
ENTERTAINMENT FOR THE LAWFUL RESALE OF TICKETS ONLY TO  EVENTS  AT  SUCH
PLACE  OF ENTERTAINMENT BY ANY PERSON, FIRM, CORPORATION OR NOT-FOR-PRO-
FIT ORGANIZATION, WHETHER OR NOT DOMICILED, LICENSED OR REGISTERED WITH-
IN THE STATE.
  4. FOR PURPOSES OF THIS SECTION, "TICKET OFFICE" MEANS A  BUILDING  OR
OTHER  STRUCTURE  LOCATED  OTHER  THAN AT THE PLACE OF ENTERTAINMENT, AT
WHICH THE OPERATOR OR THE OPERATOR'S AGENT OFFERS TICKETS FOR FIRST SALE
TO THE PUBLIC.
  S 25.13. LICENSING OF TICKET RESELLERS. 1. NO PERSON, FIRM  OR  CORPO-
RATION  SHALL  RESELL OR ENGAGE IN THE BUSINESS OF RESELLING ANY TICKETS
TO A PLACE OF ENTERTAINMENT OR OPERATE AN INTERNET WEBSITE OR ANY  OTHER
ELECTRONIC  SERVICE THAT PROVIDES A MECHANISM FOR TWO OR MORE PARTIES TO
PARTICIPATE IN A RESALE TRANSACTION OR THAT  FACILITATES  RESALE  TRANS-
ACTIONS  BY  THE  MEANS  OF  AN AUCTION, OR OWN, CONDUCT OR MAINTAIN ANY
OFFICE, BRANCH OFFICE, BUREAU, AGENCY OR SUB-AGENCY  FOR  SUCH  BUSINESS
WITHOUT HAVING FIRST PROCURED A LICENSE OR CERTIFICATE FOR EACH LOCATION
AT  WHICH  BUSINESS  WILL  BE CONDUCTED FROM THE SECRETARY OF STATE. ANY
OPERATOR OR MANAGER OF A WEBSITE THAT SERVES AS A PLATFORM TO FACILITATE
RESALE, OR RESALE BY  WAY  OF  A  COMPETITIVE  BIDDING  PROCESS,  SOLELY
BETWEEN THIRD PARTIES AND DOES NOT IN ANY OTHER MANNER ENGAGE IN RESALES
OF TICKETS TO PLACES OF ENTERTAINMENT SHALL BE EXEMPT FROM THE LICENSING
REQUIREMENTS  OF  THIS  SECTION. THE DEPARTMENT OF STATE SHALL ISSUE AND
DELIVER TO SUCH APPLICANT A CERTIFICATE OR LICENSE TO CONDUCT SUCH BUSI-
NESS AND TO OWN, CONDUCT  OR  MAINTAIN  A  BUREAU,  AGENCY,  SUB-AGENCY,
OFFICE OR BRANCH OFFICE FOR THE CONDUCT OF SUCH BUSINESS ON THE PREMISES
STATED  IN  SUCH  APPLICATION  UPON  THE  PAYMENT BY OR ON BEHALF OF THE
APPLICANT OF A FEE OF FIVE THOUSAND DOLLARS AND SHALL  BE  RENEWED  UPON
THE  PAYMENT  OF  A LIKE FEE ANNUALLY. SUCH LICENSE OR CERTIFICATE SHALL
NOT BE TRANSFERRED OR ASSIGNED, EXCEPT BY PERMISSION OF THE SECRETARY OF
STATE. SUCH LICENSE OR CERTIFICATE SHALL RUN TO THE FIRST DAY OF JANUARY
NEXT ENSUING THE DATE THEREOF, UNLESS SOONER REVOKED BY THE SECRETARY OF
STATE. SUCH LICENSE OR CERTIFICATE  SHALL  BE  GRANTED  UPON  A  WRITTEN
APPLICATION SETTING FORTH SUCH INFORMATION AS THE SECRETARY OF STATE MAY
REQUIRE  IN  ORDER  TO  ENABLE  HIM  OR  HER  TO  CARRY  INTO EFFECT THE
PROVISIONS OF THIS ARTICLE AND SHALL BE ACCOMPANIED BY  PROOF  SATISFAC-
TORY TO THE SECRETARY OF STATE OF THE MORAL CHARACTER OF THE APPLICANT.
  2.  NO  OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY SECONDARY
TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR'S AGENT.
  2-A. NO TICKET SELLER SHALL RESELL ANY TICKET DURING THE FIRST  FORTY-
EIGHT  HOURS  AFTER  SUCH  TICKET  IS  FIRST AVAILABLE FOR PRIMARY SALE;
PROVIDED THAT SUCH RESTRICTION SHALL NOT APPLY WITH  RESPECT  TO  SEASON
TICKETS OR BUNDLED SERIES TICKETS. NO TICKET SELLER SHALL SELL OR RESELL
ANY  TICKET  THAT  SUCH  SELLER DOES NOT OWN AT THE TIME OF THE OFFER OR
SALE.  THE PROVISIONS OF THIS SUBDIVISION  SHALL  NOT  APPLY  TO  VENUES
CONTAINING LESS THAN SIX THOUSAND SEATS.
  3.  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.  EVERY  SALE OR RESALE OF SUCH TICKET SHALL INCLUDE A
DISCLOSURE OF SUCH OBSTRUCTED VIEW.
  4. IF ANY LICENSEE UNDER THIS SECTION DEMONSTRATES THAT THEIR BUSINESS
PROVIDES A SERVICE TO FACILITATE TICKET  TRANSACTIONS  WITHOUT  CHARGING
ANY  FEES, SURCHARGES OR SERVICE CHARGES ABOVE THE ESTABLISHED PRICE, ON

S. 192--A                           6

EVERY TRANSACTION, EXCEPT A REASONABLE AND ACTUAL CHARGE FOR THE  DELIV-
ERY  OF TICKETS, THEN THE FEES FOR LICENSING UNDER THIS SECTION SHALL BE
WAIVED.
  S 25.15. BOND.  THE SECRETARY OF STATE SHALL REQUIRE THE APPLICANT FOR
A LICENSE TO FILE WITH THE APPLICATION THEREFOR A BOND IN  DUE  FORM  TO
THE PEOPLE OF NEW YORK IN THE PENAL SUM OF TWENTY-FIVE THOUSAND DOLLARS,
WITH  TWO OR MORE SUFFICIENT SURETIES OR A DULY AUTHORIZED SURETY COMPA-
NY, WHICH BOND SHALL BE APPROVED BY THE SECRETARY OF  STATE.  EACH  SUCH
BOND  SHALL  BE  CONDITIONED  THAT THE OBLIGOR WILL NOT BE GUILTY OF ANY
FRAUD OR EXTORTION, WILL NOT VIOLATE DIRECTLY OR INDIRECTLY ANY  OF  THE
PROVISIONS  OF  THIS  ARTICLE OR ANY OF THE PROVISIONS OF THE LICENSE OR
CERTIFICATE  PROVIDED  FOR  IN  THIS  ARTICLE,  WILL  COMPLY  WITH   THE
PROVISIONS  OF  THIS  ARTICLE AND WILL PAY ALL DAMAGES OCCASIONED TO ANY
PERSON BY REASON OF ANY MISSTATEMENT, MISREPRESENTATION, FRAUD OR DECEIT
OR ANY UNLAWFUL ACT OR OMISSION OF SUCH OBLIGOR, HIS OR  HER  AGENTS  OR
EMPLOYEES,  WHILE  ACTING  WITHIN  THE  SCOPE OF THEIR EMPLOYMENT, MADE,
COMMITTED OR OMITTED IN CONNECTION WITH THE PROVISIONS OF  THIS  ARTICLE
IN  THE  BUSINESS  CONDUCTED  UNDER  SUCH LICENSE OR CAUSED BY ANY OTHER
VIOLATION OF THIS ARTICLE IN CARRYING ON THE  BUSINESS  FOR  WHICH  SUCH
LICENSE  IS  GRANTED.  ONE OR MORE RECOVERIES OR PAYMENTS UPON SUCH BOND
SHALL NOT VITIATE THE SAME BUT SUCH BOND SHALL REMAIN IN FULL FORCE  AND
EFFECT,  PROVIDED, HOWEVER, THAT THE AGGREGATE AMOUNT OF ALL SUCH RECOV-
ERIES OR PAYMENTS SHALL NOT EXCEED THE PENAL  SUM  THEREOF.  BEFORE  THE
SECRETARY  SHALL DRAW UPON SUCH BOND, THE SECRETARY SHALL ISSUE A DETER-
MINATION IN WRITING WHICH SHALL INCLUDE THE BASIS OF SUCH ACTION.    THE
SECRETARY SHALL NOTIFY IN WRITING THE LICENSEE OF ANY SUCH DETERMINATION
AND  SHALL  AFFORD  THE LICENSEE AN OPPORTUNITY TO RESPOND WITHIN TWENTY
DAYS OF THE RECEIPT OF SUCH DETERMINATION. IN NO EVENT MAY THE  BOND  BE
DRAWN UPON IN LESS THAN TWENTY-FIVE DAYS AFTER THE SERVICE OF A DETERMI-
NATION  TO  THE  LICENSEE. SUCH WRITTEN NOTICE MAY BE SERVED BY DELIVERY
THEREOF PERSONALLY TO THE LICENSEE, OR BY CERTIFIED  MAIL  TO  THE  LAST
KNOWN BUSINESS ADDRESS OF SUCH LICENSEE. ONLY UPON SUCH DETERMINATION OF
THE  SECRETARY  SHALL  MONEYS  BE  WITHDRAWN  FROM  THE BOND.   UPON THE
COMMENCEMENT OF ANY ACTION OR ACTIONS AGAINST THE SURETY UPON  ANY  SUCH
BOND  FOR A SUM OR SUMS AGGREGATING OR EXCEEDING THE AMOUNT OF SUCH BOND
THE SECRETARY OF STATE SHALL REQUIRE A NEW AND ADDITIONAL BOND  IN  LIKE
AMOUNT  AS THE ORIGINAL ONE, WHICH SHALL BE FILED WITH THE DEPARTMENT OF
STATE WITHIN THIRTY DAYS AFTER THE DEMAND THEREFOR.    FAILURE  TO  FILE
SUCH  BOND  WITHIN SUCH PERIOD SHALL CONSTITUTE CAUSE FOR THE REVOCATION
OF THE LICENSE PURSUANT TO SECTION 25.31  OF  THIS  ARTICLE  THERETOFORE
ISSUED  TO  THE LICENSEE UPON WHOM SUCH DEMAND SHALL HAVE BEEN MADE. ANY
SUIT OR ACTION AGAINST THE SURETY ON ANY BOND REQUIRED BY THE PROVISIONS
OF THIS SECTION SHALL BE COMMENCED WITHIN ONE YEAR AFTER  THE  CAUSE  OF
ACTION SHALL HAVE ACCRUED.
  S 25.17. SUPERVISION AND REGULATION. THE SECRETARY OF STATE SHALL HAVE
POWER,  UPON COMPLAINT OF ANY PERSON OR ON HIS OR HER OWN INITIATIVE, TO
INVESTIGATE THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS OF ANY
SUCH LICENSEE WHICH RELATES TO THIS STATE'S OR ANY OTHER STATE'S  TICKET
RESALE  LAW,  OR  IN  REGARDS TO TICKET RESALE PRACTICES GENERALLY. EACH
SUCH LICENSEE SHALL BE OBLIGED, ON THE REASONABLE REQUEST OF THE  SECRE-
TARY  OF STATE, TO SUPPLY SUCH INFORMATION AS MAY BE REQUIRED CONCERNING
HIS OR HER BUSINESS, BUSINESS PRACTICES  OR  BUSINESS  METHODS  PROVIDED
THAT  THE  INFORMATION REQUESTED IS RELATED TO THE COMPLAINT WHICH FORMS
THE BASIS OF SUCH INVESTIGATION. EACH OPERATOR OF ANY  PLACE  OF  ENTER-
TAINMENT SHALL ALSO BE OBLIGED, ON REQUEST OF THE SECRETARY OF STATE, TO
SUPPLY  SUCH  INFORMATION  AS  MAY  BE REQUIRED CONCERNING THE BUSINESS,

S. 192--A                           7

BUSINESS PRACTICES OR BUSINESS METHODS OF ANY LICENSEE PROVIDED THAT THE
INFORMATION REQUESTED IS RELATED TO THE COMPLAINT WHICH FORMS THE  BASIS
OF  SUCH  INVESTIGATION.  THE SECRETARY OF STATE SHALL HAVE THE POWER TO
PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE
ENFORCEMENT OF THIS ARTICLE.
  S 25.19. POSTING  OF  LICENSE  OR  CERTIFICATE.  IMMEDIATELY  UPON THE
RECEIPT OF THE LICENSE OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE BY
THE SECRETARY OF STATE, THE LICENSEE  NAMED  THEREIN  SHALL  CAUSE  SUCH
LICENSE  TO  BE POSTED AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE
IN THE PRINCIPAL OFFICE OF SUCH BUSINESS FOR WHICH  IT  IS  ISSUED,  AND
SHALL  CAUSE  THE  CERTIFICATE FOR EACH BRANCH OFFICE, BUREAU, AGENCY OR
SUB-AGENCY TO BE POSTED AND AT ALL  TIMES  DISPLAYED  IN  A  CONSPICUOUS
PLACE  IN  SUCH BRANCH OFFICE, BUREAU, AGENCY OR SUB-AGENCY FOR WHICH IT
IS ISSUED, SO THAT ALL PERSONS VISITING SUCH  PRINCIPAL  OFFICE,  BRANCH
OFFICE,  BUREAU,  AGENCY  OR SUB-AGENCY MAY READILY SEE THE SAME, AND IF
SUCH LICENSEE DOES BUSINESS ON THE  INTERNET,  TO  PROVIDE  A  HYPERLINK
DISPLAYED  IN  A  CONSPICUOUS  MANNER TO A SCANNED COPY OF SUCH LICENSE.
SUCH LICENSE OR CERTIFICATE SHALL AT ALL REASONABLE TIMES BE SUBJECT  TO
INSPECTION  BY  THE  SECRETARY OF STATE OR HIS OR HER AUTHORIZED INSPEC-
TORS. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP  OR  CORPO-
RATION  HOLDING  SUCH  LICENSE  OR  CERTIFICATE  TO POST SUCH LICENSE OR
CERTIFICATE OR TO PERMIT SUCH CERTIFICATE TO  BE  POSTED  UPON  PREMISES
OTHER  THAN  THOSE DESCRIBED THEREIN OR TO WHICH IT HAS BEEN TRANSFERRED
PURSUANT TO THE PROVISIONS OF  THIS  ARTICLE  OR  UNLAWFULLY  TO  ALTER,
DEFACE OR DESTROY ANY SUCH LICENSE OR CERTIFICATE.
  S 25.21. CHANGE  OF  OFFICE  LOCATION. IN THE EVENT OF A CHANGE IN THE
LOCATION OF THE PREMISES COVERED BY LICENSE OR CERTIFICATE ISSUED  UNDER
THIS  ARTICLE, THE DEPARTMENT OF STATE SHALL BE DULY NOTIFIED IN WRITING
OF SUCH CHANGE WITHIN TWENTY-FOUR HOURS  THEREAFTER.  THE  SECRETARY  OF
STATE  SHALL  CAUSE  TO  BE  WRITTEN  OR STAMPED ACROSS THE FACE OF SUCH
LICENSE OR CERTIFICATE A STATEMENT TO THE EFFECT THAT THE HOLDER OF SUCH
LICENSE HAS REMOVED ON THE DATE STATED IN SUCH WRITTEN NOTICE SUCH PRIN-
CIPAL OFFICE, BRANCH OFFICE, BUREAU, AGENCY OR SUB-AGENCY FROM THE PLACE
ORIGINALLY DESCRIBED  IN  SUCH  LICENSE  OR  CERTIFICATE  TO  THE  PLACE
DESCRIBED  IN  SUCH WRITTEN NOTICE, AND SUCH LICENSE OR CERTIFICATE WITH
THE ENDORSEMENT THEREON SHALL BE RETURNED TO THE LICENSEE NAMED THEREIN.
NO TICKETS SHALL BE SOLD AT ANY PLACE OTHER  THAN  PLACES  FOR  WHICH  A
LICENSE  OR CERTIFICATE PROVIDED FOR BY THIS ARTICLE HAS BEEN ISSUED AND
POSTED.
  S 25.23. POSTING OF PRICE LISTS; INFORMATION  TO  PURCHASER.    1.  IN
EVERY PRINCIPAL OFFICE OR BRANCH OFFICE, BUREAU, AGENCY OR SUB-AGENCY OF
ANY LICENSEE UNDER THIS ARTICLE, THERE SHALL BE CONSPICUOUSLY POSTED AND
AT  ALL  TIMES  DISPLAYED  A  PRICE  LIST  SHOWING THE ESTABLISHED PRICE
CHARGED BY THE OPERATOR OF THE PLACE OF ENTERTAINMENT FOR WHICH A TICKET
IS BEING SOLD BY SUCH LICENSEE, TOGETHER WITH THE PRICE BEING CHARGED BY
SUCH LICENSEE FOR THE RESALE OF SUCH TICKET, SO THAT ALL PERSONS  VISIT-
ING  SUCH  PLACE  MAY  READILY  SEE THE SAME. THE LICENSEE SHALL ALSO ON
REQUEST FURNISH EACH PURCHASER OF A TICKET WITH A  RECEIPT  SHOWING  THE
SAME INFORMATION. FURTHER, IF THE LICENSEE CONDUCTS BUSINESS THROUGH THE
USE  OF  THE  INTERNET,  THE  SAME PRICE LIST, OR HYPERLINK TO THE SAME,
SHALL BE CONSPICUOUSLY DISPLAYED ON THE INTERNET PAGE ON  WHICH  TICKETS
ARE  ACCESSED.  IN  ADDITION THE LICENSEE SHALL PUBLISH IN A CONSPICUOUS
PLACE, OR HYPERLINK TO ON THE INTERNET A STATEMENT CLEARLY DETAILING THE
REQUIRED GUARANTEES REQUIRED BY SECTION 25.07 OF THIS ARTICLE.
  2. (A) AN ONLINE RESALE MARKETPLACE SHALL POST A CLEAR AND CONSPICUOUS
NOTICE ON THE WEBSITE OF SUCH ONLINE RESALE MARKETPLACE THAT THE WEBSITE

S. 192--A                           8

IS FOR THE SECONDARY SALE OF TICKETS AND SHALL  REQUIRE  THAT  THE  USER
CONFIRM  HAVING  READ  SUCH  NOTICE  BEFORE STARTING ANY TRANSACTION. NO
OPERATOR OR ITS AGENT SHALL  TRANSFER  A  PROSPECTIVE  TICKET  PURCHASER
THROUGH  ANY  MEANS  TO A SECONDARY SELLER WITHOUT PROVIDING A CLEAR AND
CONSPICUOUS DISCLOSURE APPROPRIATE FOR THE SELLING PLATFORM THAT INFORMS
THE PROSPECTIVE PURCHASER THAT THE TICKET OFFERED IS  IN  THE  SECONDARY
MARKET.
  (B)  NO  OPERATOR OR OPERATOR'S AGENT OR ANY PERSON WHO IS EMPLOYED BY
SUCH OPERATOR OR OPERATOR'S AGENT SHALL RESELL OR ENGAGE IN THE BUSINESS
OF RESELLING ANY TICKETS OF ADMISSION OR ANY OTHER EVIDENCE OF THE RIGHT
OF ENTRY TO A THEATRE, PLACE OF AMUSEMENT  OR  ENTERTAINMENT,  OR  OTHER
PLACES  WHERE  PUBLIC  EXHIBITIONS,  GAMES, CONTESTS OR PERFORMANCES ARE
HELD. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO DONATIONS MADE
BY THE OPERATOR OR OPERATOR'S  AGENT,  WHEN  THERE  IS  NO  COMPENSATION
PROVIDED,  TO  INDIVIDUALS OR CHARITABLE ORGANIZATIONS WHERE THE TICKETS
ARE FOR PERSONAL USE OR CHARITABLE PURPOSES.
  S 25.24. AUTOMATED 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 SECURITY MEASURES
TO PURCHASE TICKETS.
  2. IT SHALL BE UNLAWFUL FOR ANY PERSON  TO  UTILIZE  AUTOMATED  TICKET
PURCHASING SOFTWARE TO PURCHASE TICKETS.
  3. ANY PERSON WHO KNOWINGLY UTILIZES AUTOMATED TICKET PURCHASING SOFT-
WARE  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 FOR EACH SUCH VIOLATION
AND SHALL FORFEIT ALL PROFITS MADE FROM THE SALE OF ANY SUCH  UNLAWFULLY
OBTAINED TICKETS.
  4. ANY PERSON 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 WHO IS SUBJECT TO A CIVIL PENALTY UNDER THIS SECTION AND
HAS  BEEN  ASSESSED  A  PENALTY  UNDER THIS SECTION IN THE PREVIOUS FIVE
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 UNLAW-
FULLY 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.  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.  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.  ANY  PENALTY

S. 192--A                           9

OR  RECOVERY  AUTHORIZED  BY  THIS  SECTION  MAY BE RECOVERED IN A CLASS
ACTION.
  S 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 CONSUMER PROTECTION BOARD.
  3. EVERY OPERATOR OF A PLACE OF ENTERTAINMENT SHALL  MAKE  PUBLIC  THE
PERCENTAGE  OF  TICKETS  TO  A  PLACE OF ENTERTAINMENT THAT WILL BE MADE
AVAILABLE TO THE PUBLIC. AT THE TIME OF THE INITIAL SALE OF TICKETS, THE
OPERATOR SHALL MAKE PUBLIC THE TOTAL NUMBER AND  LOCATIONS  OF  TICKETS,
AND THE PERCENTAGE OF TICKETS SOLD AT SUCH INITIAL PUBLIC SALE.
  S 25.27. COMMISSIONS  TO  EMPLOYEES  OF  PLACES  OF  ENTERTAINMENT. NO
LICENSEE, OTHER PERSON OR ENTITY, WHETHER OR NOT DOMICILED, LICENSED  OR
REGISTERED WITHIN THE STATE, SHALL PAY TO ANY OFFICER OR EMPLOYEE OF ANY
PLACE  OF ENTERTAINMENT, ANY COMMISSION, GRATUITY OR BONUS IN CONNECTION
WITH THE SALE, DELIVERY OR PAYMENT OF TICKETS OR IN CONNECTION WITH  THE
BUSINESS BEING DONE BY SUCH LICENSEE, OTHER PERSON OR ENTITY, WHETHER OR
NOT  DOMICILED,  LICENSED  OR REGISTERED WITHIN THE STATE, IN TICKETS OF
ADMISSION TO SUCH PLACE.
   S 25.29. UNLAWFUL CHARGES IN CONNECTION WITH TICKETS. 1. NO  OPERATOR
OF  ANY  PLACE  OF  ENTERTAINMENT,  OR HIS OR HER AGENT, REPRESENTATIVE,
EMPLOYEE OR LICENSEE SHALL, IF A PRICE BE CHARGED FOR ADMISSION THERETO,
EXACT, DEMAND, ACCEPT OR RECEIVE, DIRECTLY OR INDIRECTLY, ANY PREMIUM OR
PRICE IN EXCESS OF THE  ESTABLISHED  PRICE  PLUS  LAWFUL  TAXES  WHETHER
DESIGNATED AS PRICE, GRATUITY OR OTHERWISE; PROVIDED, HOWEVER: (A) NOTH-
ING  IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT A REASONABLE SERVICE
CHARGE BY THE OPERATOR OR AGENTS OF THE OPERATOR FOR  SPECIAL  SERVICES,
INCLUDING  BUT  NOT  LIMITED  TO, SALES AWAY FROM THE BOX OFFICE, CREDIT
CARD SALES OR DELIVERY;  AND  (B)  NOTHING  IN  THIS  ARTICLE  SHALL  BE
CONSTRUED TO PROHIBIT AN OPERATOR OR ITS AGENT FROM OFFERING FOR INITIAL
SALE TICKETS BY MEANS OF AN AUCTION.

S. 192--A                          10

  2.  IN  ANY  PROSECUTION UNDER THIS SECTION THE ATTORNEY GENERAL SHALL
HAVE CONCURRENT JURISDICTION WITH ANY DISTRICT ATTORNEY AND IN ANY  SUCH
PROSECUTION HE OR SHE OR HIS OR HER DEPUTY SHALL EXERCISE ALL THE POWERS
AND  PERFORM  ALL THE DUTIES WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE
BE AUTHORIZED TO EXERCISE OR PERFORM THEREIN.
  S  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 FORM OF PAPERLESS TICKETING THAT IS NOT READILY TRANSFER-
ABLE TO ANOTHER CUSTOMER THROUGH A TRANSACTION THAT  IS  INDEPENDENT  OF
THE OPERATOR OR OPERATOR'S AGENT, UNLESS A PURCHASER IS GIVEN THE OPTION
AT  THE  TIME  OF  FIRST PUBLIC SALE TO PURCHASE THE SAME TICKETS AT THE
SAME ESTABLISHED PRICE IN SOME OTHER FORM, INCLUDING,  BUT  NOT  LIMITED
TO,  PAPER  TICKETS,  THAT IS READILY TRANSFERABLE THROUGH A TRANSACTION
THAT IS INDEPENDENT OF THE OPERATOR OR OPERATOR'S AGENT, PROVIDED HOWEV-
ER, THAT NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE OPERATOR OR OPERA-
TOR'S AGENT FROM IMPOSING A NOMINAL SURCHARGE ON PAPERLESS TICKETS.
  2. ADDITIONALLY, NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIB-
IT AN OPERATOR OF A PLACE OF ENTERTAINMENT FROM MAINTAINING AND  ENFORC-
ING  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 OF SIX THOUSAND SEATS
OR LESS, OR SUCH OPERATOR'S AGENT, FROM RESTRICTING THE RESALE OF  TICK-
ETS  THAT ARE OFFERED AT A PROMOTIONAL OR DISCOUNTED PRICE, FOR FREE, OR
FOR PERSONS WITH DISABILITIES.  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 OR ANY PERSON WHO IS EMPLOYED BY
SUCH OPERATOR OR OPERATOR'S AGENT SHALL RESELL OR ENGAGE IN THE BUSINESS
OF RESELLING ANY TICKETS OF ADMISSION OR ANY OTHER EVIDENCE OF THE RIGHT
OF ENTRY TO A THEATRE, PLACE OF AMUSEMENT  OR  ENTERTAINMENT,  OR  OTHER
PLACES  WHERE  PUBLIC  EXHIBITIONS,  GAMES, CONTESTS OR PERFORMANCES ARE
HELD. THIS PROVISION SHALL NOT APPLY TO DONATIONS MADE BY  THE  OPERATOR
OR OPERATOR'S AGENT, WHEN THERE IS NO COMPENSATION PROVIDED, TO INDIVID-
UALS  OR CHARITABLE ORGANIZATIONS WHERE THE TICKETS ARE FOR PERSONAL USE
OR CHARITABLE PURPOSES.
  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

S. 192--A                          11

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.
  S 25.31. SUSPENSION OR REVOCATION OF LICENSES. 1. POWERS OF DEPARTMENT
OF  STATE. THE DEPARTMENT OF STATE MAY DENY AN APPLICATION OR MAY REVOKE
OR SUSPEND A LICENSE ISSUED PURSUANT TO THIS ARTICLE, IMPOSE A FINE  NOT
EXCEEDING  ONE  THOUSAND DOLLARS PER VIOLATION PAYABLE TO THE DEPARTMENT
OF STATE, ISSUE A REPRIMAND AND ORDER  RESTITUTION  UPON  PROOF  TO  THE
SATISFACTION  OF THE SECRETARY OF STATE THAT THE HOLDER THEREOF HAS: (A)
VIOLATED ANY PROVISION OF THIS ARTICLE OR ANY RULE OR REGULATION ADOPTED
HEREUNDER; (B) MADE A MATERIAL MISSTATEMENT IN THE APPLICATION FOR  SUCH
LICENSE;  (C) ENGAGED IN FRAUD OR FRAUDULENT PRACTICES; (D) DEMONSTRATED
UNTRUSTWORTHINESS OR INCOMPETENCY; OR (E) BEEN CONVICTED  OF  A  SERIOUS
OFFENSE  OR MISDEMEANOR WHICH, IN THE DISCRETION OF THE SECRETARY, BEARS
SUCH A RELATIONSHIP TO LICENSURE AS TO CONSTITUTE A BAR TO LICENSURE  OR
RENEWAL.
  2. DETERMINATION OF DEPARTMENT OF STATE. IN THE EVENT THAT THE DEPART-
MENT  OF  STATE  SHALL REVOKE OR SUSPEND ANY SUCH LICENSE, OR IMPOSE ANY
FINE OR REPRIMAND ON THE HOLDER THEREOF, ITS DETERMINATION SHALL  BE  IN
WRITING  AND OFFICIALLY SIGNED. THE ORIGINAL OF SUCH DETERMINATION, WHEN
SO SIGNED, SHALL BE FILED WITH THE DEPARTMENT OF STATE AND COPIES THERE-
OF SHALL BE SERVED PERSONALLY OR BY CERTIFIED MAIL UPON THE LICENSEE  OR
APPLICANT  AND  ADDRESSED  TO  THE  PRINCIPAL  PLACE OF BUSINESS OF SUCH
LICENSEE.
  3. NO LICENSE SHALL BE SUSPENDED OR REVOKED  NOR  SHALL  ANY  FINE  OR
REPRIMAND  BE  IMPOSED, NOR SHALL ANY APPLICATION BE DENIED, UNTIL AFTER
AN OPPORTUNITY FOR A HEARING HAD BEFORE AN OFFICER OR  EMPLOYEE  OF  THE
DEPARTMENT  OF  STATE  DESIGNATED  FOR  SUCH PURPOSE BY THE SECRETARY OF
STATE UPON NOTICE TO THE LICENSEE OR APPLICANT OF AT LEAST TEN DAYS. THE
NOTICE SHALL BE SERVED BY CERTIFIED MAIL AND SHALL STATE  THE  DATE  AND
PLACE  OF  HEARING  AND SET FORTH THE GROUND OR GROUNDS CONSTITUTING THE
CHARGES AGAINST THE LICENSEE OR THE REASONS FOR THE PROPOSED  DENIAL  OF
THE APPLICATION. THE LICENSEE OR APPLICANT SHALL HAVE THE OPPORTUNITY TO
BE  HEARD  IN  HIS OR HER DEFENSE EITHER IN PERSON OR BY COUNSEL AND MAY
PRODUCE WITNESSES AND TESTIFY ON  HIS  OR  HER  BEHALF.  A  STENOGRAPHIC
RECORD  OF  THE HEARING SHALL BE TAKEN AND PRESERVED. THE HEARING MAY BE
ADJOURNED FROM TIME TO TIME. THE PERSON  CONDUCTING  THE  HEARING  SHALL
MAKE A WRITTEN REPORT OF HIS OR HER FINDINGS AND A RECOMMENDATION TO THE
SECRETARY  OF  STATE  FOR  DECISION. THE SECRETARY OF STATE SHALL REVIEW
SUCH FINDINGS AND THE RECOMMENDATION AND, AFTER DUE DELIBERATION,  SHALL
ISSUE AN ORDER ACCEPTING, MODIFYING OR REJECTING SUCH RECOMMENDATION AND
DISMISSING THE CHARGES OR SUSPENDING OR REVOKING THE LICENSE OR IMPOSING
A  FINE OR REPRIMAND UPON THE LICENSEE. FOR THE PURPOSE OF THIS ARTICLE,
THE SECRETARY OF STATE OR ANY OFFICER OR EMPLOYEE OF THE  DEPARTMENT  OF
STATE  DESIGNATED  BY  HIM OR HER, MAY ADMINISTER OATHS, TAKE TESTIMONY,
SUBPOENA WITNESSES AND COMPEL THE PRODUCTION OF BOOKS,  PAPERS,  RECORDS
AND DOCUMENTS DEEMED PERTINENT TO THE SUBJECT OF INVESTIGATION.
  S 25.33. ENFORCEMENT.  1. THE ATTORNEY GENERAL SHALL ESTABLISH A TOLL-
FREE TELEPHONE NUMBER AND ACCEPT THROUGH ITS  WEBSITE  ALLEGATIONS  FROM
THE  PUBLIC  OF IMPROPER TICKET ACQUISITION, DISTRIBUTION OR SALES PRAC-

S. 192--A                          12

TICES, INCLUDING DECEPTIVE PRACTICES,  CORRUPTION,  FRAUD  OR  IRREGULAR
PRACTICES  WITH  RESPECT TO TICKET SALES FOR EVENTS IN NEW YORK STATE OR
WITH RESPECT TO TICKETS SOLD TO RESIDENTS OF  THE  STATE.  THE  ATTORNEY
GENERAL  SHALL  PROMINENTLY DISPLAY ON ITS WEBSITE INFORMATION REGARDING
THE HOTLINE. THE ATTORNEY GENERAL SHALL INVESTIGATE AS  APPROPRIATE  ALL
CREDIBLE  ALLEGATIONS  RECEIVED  REGARDING  IMPROPER TICKET ACQUISITION,
DISTRIBUTION OR SALES PRACTICES.
  2. NOTWITHSTANDING ANY RIGHT OF ACTION  GRANTED  TO  ANY  GOVERNMENTAL
BODY PURSUANT TO THIS CHAPTER, ANY PERSON WHO HAS BEEN INJURED BY REASON
OF  A  VIOLATION  OF  THIS ARTICLE MAY BRING AN ACTION IN HIS OR HER OWN
NAME TO ENJOIN SUCH UNLAWFUL ACT, AN ACTION TO RECOVER HIS OR HER ACTUAL
DAMAGES OR FIFTY DOLLARS, WHICHEVER IS GREATER, OR  BOTH  SUCH  ACTIONS.
THE  COURT  MAY  AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAIN-
TIFF.
  S 25.35. CRIMINAL PENALTIES. 1. (A) ANY PERSON, FIRM,  CORPORATION  OR
OTHER  ENTITY,  WHETHER  OR NOT DOMICILED, LICENSED OR REGISTERED WITHIN
THE STATE, WHICH IS CONVICTED OF VIOLATING SECTION  25.27  OR  25.29  OF
THIS  ARTICLE  SHALL  BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE BY A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS OR FOUR TIMES THE AMOUNT OF  THE
DEFENDANT'S  GAIN, TO BE DETERMINED PURSUANT TO THE PROCEDURES SET FORTH
IN SECTION 400.30 OF THE CRIMINAL PROCEDURE LAW, WHICHEVER  IS  GREATER,
OR  BY  A  TERM  OF IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BY BOTH SUCH
FINE AND IMPRISONMENT.
  (B) ANY PERSON, FIRM, CORPORATION OR  OTHER  ENTITY,  WHETHER  OR  NOT
DOMICILED,  LICENSED, OR REGISTERED WITHIN THE STATE, WHICH IS CONVICTED
OF VIOLATING SECTION 25.27 OR 25.29 OF THIS ARTICLE, WHEN THE  VALUE  OF
THE  COMMISSION,  GRATUITY,  BONUS,  PREMIUM OR PRICE UNLAWFULLY PAID OR
ACCEPTED EXCEEDS ONE THOUSAND DOLLARS FOR AN EVENT AS DEFINED IN SECTION
23.03 OF THIS CHAPTER, WHETHER OR NOT SUCH PAYMENT IS FOR TICKETS  TO  A
SINGLE  PERFORMANCE  OF THAT EVENT, SHALL BE GUILTY OF A CLASS E FELONY,
PUNISHABLE BY A TERM OF IMPRISONMENT IN ACCORDANCE WITH THE  PENAL  LAW,
OR  BY  A  FINE  OF TEN THOUSAND DOLLARS OR FOUR TIMES THE AMOUNT OF THE
DEFENDANT'S GAIN, TO BE DETERMINED PURSUANT TO THE PROCEDURES SET  FORTH
IN  SECTION  400.30 OF THE CRIMINAL PROCEDURE LAW, WHICHEVER IS GREATER,
OR BY BOTH SUCH FINE AND IMPRISONMENT.
  2. ANY PERSON, FIRM OR CORPORATION WHICH  IS  CONVICTED  OF  VIOLATING
SECTION  25.05 OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR PUNISHA-
BLE BY A TERM OF IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY A FINE NOT TO
EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS ON THE FIRST CONVICTION;  THREE
THOUSAND DOLLARS ON THE SECOND CONVICTION; AND FOUR THOUSAND DOLLARS, ON
EACH SUBSEQUENT CONVICTION OR BY BOTH SUCH FINE AND IMPRISONMENT.
  3.  ANY  PERSON,  FIRM  OR CORPORATION WHICH IS CONVICTED OF KNOWINGLY
VIOLATING SUBDIVISION ONE OF SECTION 25.07 OR SECTION 25.13  OR  SECTION
25.15  OF  THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A
TERM OF IMPRISONMENT NOT TO EXCEED ONE HUNDRED EIGHTY DAYS OR BY A  FINE
NOT TO EXCEED ONE THOUSAND DOLLARS ON THE FIRST CONVICTION; TWO THOUSAND
DOLLARS  ON  THE  SECOND  CONVICTION;  AND FOUR THOUSAND DOLLARS ON EACH
SUBSEQUENT CONVICTION OR BY BOTH SUCH FINE AND IMPRISONMENT.
  4. NOTWITHSTANDING ANY OTHER PENALTY WHICH  MAY  BE  IMPOSED  FOR  ANY
OTHER  VIOLATION  OF THIS ARTICLE, ANY PERSON, FIRM OR CORPORATION WHICH
IS CONVICTED OF VIOLATING SECTION 25.11 OF THIS ARTICLE SHALL BE  GUILTY
OF  A  VIOLATION PUNISHABLE BY A FINE NOT TO EXCEED FOUR HUNDRED DOLLARS
ON THE FIRST CONVICTION; FIVE HUNDRED DOLLARS ON THE SECOND  CONVICTION;
AND ONE THOUSAND DOLLARS ON EACH SUBSEQUENT CONVICTION.

S. 192--A                          13

  5.  ANY  PERSON,  FIRM  OR CORPORATION WHICH IS CONVICTED OF VIOLATING
SECTION 25.05 OF THIS ARTICLE SHALL BE GUILTY OF A VIOLATION  PUNISHABLE
BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS.
  6. ANY PERSON, FIRM OR CORPORATION WHICH IS CONVICTED OF VIOLATING ANY
OTHER  SECTION OF THIS ARTICLE SHALL BE GUILTY OF A VIOLATION PUNISHABLE
BY A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS.
  7. 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.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after May 15, 2016.