S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4612
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00529-01-7

 A. 4612                             2
 
 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.
   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

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 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 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.
   §  2. This act shall take effect on the forty-fifth day after it shall
 have become a law; provided, however, that section 25.06 of the arts and
 cultural affairs law, as added by section one of this act, shall survive
 the expiration and reversion of article 25 of such law  as  provided  in
 section 4 of chapter 704 of the laws of 1991, as amended.