S T A T E   O F   N E W   Y O R K
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                                   6195
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- 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
   requiring ticket distributors to refund the purchase price of  tickets
   within forty-five days after a cancelled or rescheduled event

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 23.08 of  the  arts  and  cultural
 affairs  law, as added by chapter 517 of the laws of 1988, is amended to
 read as follows:
   1. Any ticket distributor who offers or sells to the public in or from
 the state of New York, advance tickets of admission to events to be held
 in places of entertainment, or  who  contracts  for  the  sale  of  such
 advance  tickets  of  admission,  and accepts in advance partial or full
 payment of the purchase price therefor, shall, no later  than  the  next
 business day after receipt thereof, deposit all such advance payments in
 an  escrow  account  in a bank, trust company, savings bank, or state or
 federal savings and loan association, located in this state. A  separate
 escrow  account  shall  be  established for each place of entertainment.
 Monies deposited in escrow shall be released upon  performance  of  each
 event  for which such monies have been deposited to the extent that such
 monies represent payment for advance  tickets  sold  for  the  performed
 event.    The  person  who  offers or sells advance tickets shall not be
 required to keep in separate depository accounts the funds of the  sepa-
 rate  ticket  purchasers from whom payments have been received, provided
 his books of account shall clearly show the number of  tickets  sold  at
 each price for each theatrical production, concert or sporting event for
 which  a  separate  escrow  account  has been established, and the total
 amount of advance ticket revenues. Each advance ticket purchaser  shall,
 until the performance of the event for which the advance ticket has been
 purchased,  retain  a  property  interest in that portion of the deposit
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09473-02-1

 A. 6195                             2
 
 which equals the amount he has paid for such advance ticket,  and  shall
 be  entitled to a refund for such amount if the performance of the event
 for which such ticket has been purchased in advance has  been  cancelled
 or  rescheduled,  except  as  provided  for by subdivision three of this
 section. UPON THE RESCHEDULING OR CANCELLATION OF A  PERFORMANCE,  OR  A
 REQUEST FOR A REFUND BY A TICKET PURCHASER, THE TICKET DISTRIBUTOR SHALL
 REFUND  THE  FULL  PURCHASE  PRICE  OF A TICKET TO EACH TICKET PURCHASER
 REQUESTING A REFUND WITHIN FORTY-FIVE DAYS AFTER THE  ORIGINALLY  SCHED-
 ULED DATE OF THE PERFORMANCE OR THE EVENT.
   § 2. This act shall take effect immediately.