LBD15773-02-8
S. 8501 2
(III) A NAME SUBSTANTIALLY SIMILAR TO THOSE IN SUBPARAGRAPH (I) OR
(II) OF THIS PARAGRAPH.
(B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IF THE PERSON IS
ACTING ON BEHALF OF THE PLACE OF ENTERTAINMENT FOR WHICH THE WEBSITE IS
BEING CREATED.
3. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION OR OTHER
ENTITY TO CREATE, OWN, OPERATE, CONTROL, OR MAINTAIN ANY INTEREST IN A
TICKET WEBSITE AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
4. ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO KNOWINGLY
CREATES, OWNS, OPERATES, CONTROLS, OR MAINTAINS AN INTEREST IN SUCH A
TICKET WEBSITE 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 CREATION, OWNERSHIP, OPERATION, CONTROL, OR INTEREST IN OR
OF SUCH WEBSITE.
5. ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO INTENTIONALLY
CREATES, OWNS, OPERATES, CONTROLS, OR MAINTAINS ANY INTEREST IN SUCH A
TICKET WEBSITE 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 CREATION, OWNERSHIP, OPERATION, CONTROL, OR INTEREST IN OR
OF SUCH WEBSITE.
6. 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 SUCH A TICKET WEBSITE AND WAS NOT
OBTAINED FOR THEIR OWN USE OR THE USE OF THEIR INVITEES, EMPLOYEES, 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 SUCH TICKET.
7. 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 (A) KNOWINGLY CREATES, OWNS, OPERATES, CONTROLS, OR MAINTAINS ANY
INTEREST IN SUCH WEBSITE; (B) INTENTIONALLY CREATES, OWNS, OPERATES,
CONTROLS, OR MAINTAINS ANY INTEREST IN SUCH WEBSITE; OR (C) KNOWINGLY
RESELLS OR OFFERS TO RESELL A TICKET THAT SUCH PERSON, FIRM, CORPORATION
OR OTHER ENTITY KNOWS WAS OBTAINED USING SUCH WEBSITE 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.
8. ANY PERSON WHO IS SUBJECT TO A CIVIL PENALTY UNDER THIS SECTION AND
HAS BEEN ASSESSED A PENALTY UNDER THIS SECTION IN THE PREVIOUS 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 CREATION, OWNERSHIP,
OPERATION, CONTROL, OR INTEREST IN OR OF SUCH A TICKET WEBSITE, FROM THE
SALE OF ANY TICKET KNOWINGLY SOLD ON SUCH WEBSITE, OR FROM THE RESALE OF
ANY TICKET KNOWINGLY SOLD ON SUCH WEBSITE. IN ADDITION, A PERSON
CONVICTED OF A VIOLATION UNDER THIS SECTION MAY BE REQUIRED TO FORFEIT
ANY AND ALL EQUIPMENT USED IN THE CREATION, OWNERSHIP, OPERATION, OR
CONTROL OF SUCH WEBSITE, OR IN THE SALE OR RESALE OF ANY TICKET KNOWING-
LY SOLD ON SUCH A TICKET WEBSITE.
9. 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.
§ 2. Section 25.23 of the arts and cultural affairs law, as amended by
chapter 106 of the laws of 2005, is amended to read as follows:
S. 8501 3
§ 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. 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 OPERA-
TOR OR ITS AGENT, BUT RATHER BY A LICENSEE OR OTHER TICKET RESELLER IN
THE SECONDARY MARKET.
3. AN ONLINE RESALE MARKETPLACE SHALL POST A CLEAR AND CONSPICUOUS
NOTICE ON THE WEBSITE THAT THE WEBSITE IS FOR THE SECONDARY SALE OF A
TICKET AND THAT THE PRICE OF SUCH TICKET OFFERED FOR SALE MAY EXCEED THE
ESTABLISHED PRICE AND THE REFUND POLICY OF THE PLATFORM IN CONNECTION
WITH THE CANCELLATION OR POSTPONEMENT OF AN EVENT. AN ONLINE RESALE
MARKETPLACE SHALL REQUIRE THAT THE USER CONFIRM HAVING READ SUCH NOTICE
BEFORE STARTING ANY TRANSACTION. FOR THE PURPOSES OF THIS SECTION, AN
"ONLINE RESALE MARKETPLACE" MEANS ANY OPERATOR OR MANAGER OF A WEBSITE
OR OTHER ELECTRONIC SERVICE 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 THE
RESALE OF TICKETS TO PLACES OF ENTERTAINMENT.
§ 3. Subdivision 2 of section 25.07 of the arts and cultural affairs
law, as amended by chapter 61 of the laws of 2007, is amended to read as
follows:
2. Notwithstanding any other provision of law, any person, firm or
corporation, regardless of whether or not licensed under this article,
that SELLS OR resells tickets or facilitates the resale or resale
auction of tickets between independent parties by any means, must guar-
antee to each purchaser of such SOLD OR resold tickets that the person,
firm or corporation will provide a full refund of the amount paid by the
purchaser (including, 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 SOLD OR 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 tick-
et 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 SOLD OR 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-approved a substitution of tickets.
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§ 4. Subdivision 1 of section 25.13 of the arts and cultural affairs
law, as amended by chapter 374 of the laws of 2007, is amended to read
as follows:
1. No person, firm or corporation shall resell or engage in the busi-
ness of reselling any tickets to a place of entertainment or operate an
internet website or any other electronic service that provides a mech-
anism for two or more parties to participate in a resale transaction or
that facilitates resale transactions by the means of an auction, or own,
conduct or maintain any office, branch office, bureau, agency or sub-a-
gency 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 business 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] TWO thousand
FIVE HUNDRED 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 satisfactory to the secretary
of state of the moral character of the applicant.
§ 5. Section 25.19 of the arts and cultural affairs law, as amended by
chapter 61 of the laws of 2007, is amended to read as follows:
§ 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, INCLUDING VIA A RETAIL
TICKET PURCHASING PLATFORM, 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 inspectors. It shall be
unlawful for any person, firm, partnership or corporation 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. FOR PURPOSES OF THIS SECTION, THE TERM "RETAIL
TICKET PURCHASING PLATFORM" SHALL MEAN A RETAIL TICKET PURCHASING
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WEBSITE, APPLICATION, PHONE SYSTEM, OR OTHER TECHNOLOGY PLATFORM USED TO
SELL TICKETS.
§ 6. The arts and cultural affairs law is amended by adding a new
section 25.10 to read as follows:
§ 25.10. RESALE OF TICKETS. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON,
FIRM OR CORPORATION TO RESELL OR OFFER TO RESELL ANY TICKET, UNLESS SUCH
PERSON, FIRM OR CORPORATION EITHER:
(A) HAS POSSESSION OF THE TICKET;
(B) HAS A WRITTEN CONTRACT TO OBTAIN THE OFFERED TICKET AT A CERTAIN
PRICE FROM THE PERSON, FIRM OR CORPORATION IN POSSESSION OF THE TICKET
OR WHO HAS A CONTRACTUAL RIGHT TO OBTAIN THE TICKET FROM THE OPERATOR;
OR
(C) THE PURCHASER IS NOTIFIED IN PLAIN LANGUAGE THAT PARAGRAPHS (A)
AND (B) OF THIS SUBDIVISION DO NOT APPLY, AND THAT THE PERSON, FIRM OR
CORPORATION MAY NOT BE ABLE TO SUPPLY THE TICKET AT THE CONTRACTED PRICE
OR RANGE OF PRICES; AND REQUIRES THAT THE PURCHASER CONFIRM HAVING READ
SUCH NOTICE BEFORE COMPLETING ANY TRANSACTION.
2. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, FIRM OR CORPO-
RATION FROM ACCEPTING A DEPOSIT FROM A PROSPECTIVE PURCHASER FOR A
RESALE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION;
PROVIDED THAT THE NOTICE REQUIRED THEREIN INCLUDES THE TERMS OF THE
DEPOSIT AGREEMENT.
3. IN ADDITION TO OTHER REMEDIES AVAILABLE TO PURCHASERS BY LAW, IF A
PERSON, FIRM OR CORPORATION VIOLATES THE PROVISIONS OF THIS SECTION AND
FAILS TO SUPPLY A TICKET AT OR BELOW A CONTRACTED PRICE, OR WITHIN A
CONTRACTED PRICE RANGE, THE PURCHASER SHALL RECEIVE A REFUND FOR THE
CONTRACTED PRICE OF THE TICKET WITHIN TEN BUSINESS DAYS AFTER THE TICK-
ETED EVENT OCCURS.
§ 7. Section 25.07 of the arts and cultural affairs law is amended by
adding a new subdivision 4 to read as follows:
4. EVERY OPERATOR OF A PLACE OR ENTERTAINMENT, ANY LICENSEE OR OTHER
TICKET RESELLER SHALL DISCLOSE IN A CLEAR AND CONSPICUOUS MANNER THE
TOTAL PRICE OF THE TICKET AND THE PORTION OF THE TICKET PRICE STATED IN
DOLLARS THAT REPRESENTS A SERVICE CHARGE, OR ANY OTHER FEE OR SURCHARGE
PRIOR TO ACCEPTING PAYMENT THEREFOR.
§ 8. Section 4 of chapter 704 of the laws of 1991, amending the arts
and cultural affairs law and chapter 912 of the laws of 1920 relating to
the regulation of boxing and wrestling matches relating to tickets to
places of entertainment, as amended by chapter 68 of the laws of 2017,
is amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law, provided, chapter 61 of the laws of 2007 shall not
take effect with respect to the issuance of licenses or certificates
under this article by the secretary of state or department of state
until January 1, 2008 and regulation under this article by the commis-
sioners of licenses of the political subdivisions of the state shall
continue through December 31, 2007, and shall remain in full force and
effect only until and including June 30, [2018] 2023 when such act shall
be repealed and when, notwithstanding any other provision of law, the
provisions of article 25 of title G of the arts and cultural affairs
law, repealed by such act, shall be reinstituted; provided further that
section 25.11 of the arts and cultural affairs law, as added by section
one of this act, shall survive such repeal date. Provided, however, the
printing on tickets required pursuant to sections 25.07 and 25.08 of
article 25 of the arts and cultural affairs law, as added by this act,
shall not apply to tickets printed prior to enactment of such article so
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long as notice of the higher maximum premium price and prohibition of
sales within one thousand five hundred feet from the physical structure
of the place of entertainment, where applicable, is prominently
displayed at the point of sale and at such place of entertainment.
§ 9. Section 11 of chapter 151 of the laws of 2010, amending the arts
and cultural affairs law relating to resale of tickets to places of
entertainment, as amended by chapter 68 of the laws of 2017, is amended
to read as follows:
§ 11. Notwithstanding the provisions of article 5 of the general
construction law, if this act shall take effect after May 15, 2010, the
provisions of article 25 of the arts and cultural affairs law, except
section 25.11 are hereby revived and shall continue in full force and
effect as they existed on May 15, 2010 through June 30, [2018] 2023,
when upon such date such provisions shall expire and be deemed repealed.
§ 10. This act shall take effect immediately; provided, however, that
section 25.34 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; and provided, further, that the amendments to article
25 of the arts and cultural affairs law made by sections two, three,
four, five, six and seven of this act, shall not affect the repeal and
reversion of such article and shall be deemed repealed therewith.
