S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6716
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the arts and cultural affairs law, in relation to insti-
   tuting civil penalties for utilizing ticket purchasing software  (Part
   A);  to amend the arts and cultural affairs law, in relation to estab-
   lishing an annual professional  reseller  renewal  fee  and  requiring
   professional  ticket  resellers to provide their New York state ticket
   reseller license number (Part B);  to  amend  the  arts  and  cultural
   affairs  law,  in  relation to providing criteria for when a purchaser
   may obtain a full refund of the amount paid for a ticket (Part C);  to
   amend  the  arts  and  cultural  affairs law, in relation to requiring
   online resale marketplaces to post the  established  ticket  price  as
   part  of  each  advertisement or offer for the resale of tickets (Part
   D); to amend the arts and cultural affairs law, in relation to  resale
   requirements  for  tickets  (Part  E);  to amend the arts and cultural
   affairs law, in relation to requiring ticket prices  to  be  disclosed
   prior to a customer purchasing such ticket and requiring such price to
   remain  the  same  during  the purchase process (Part F); to amend the
   arts and cultural affairs law, in  relation  to  unlawful  charges  in
   connection  with  tickets  (Part  G);  to  amend the arts and cultural
   affairs law, in relation to prohibiting the resale of a ticket if such
   ticket was initially offered to the public at no charge (Part  H);  to
   amend the arts and cultural affairs law, in relation to the availabil-
   ity  of  tickets for sale to the general public (Part I); to amend the
   arts and cultural affairs law, in relation to minimum seating capacity
   requirements for a professional sports  organization  membership  pass
   (Part J); to amend the general obligations law, in relation to prohib-
   iting  exclusivity clauses in contracts between operators of places of
   entertainment and primary ticket vendors (Part K); and to amend  chap-
   ter  704  of  the laws of 1991, amending the arts and cultural affairs
   law and chapter 912 of the laws of  1920  relating  to  regulation  of
   boxing  and  wrestling matches relating to tickets to places of enter-
   tainment, and chapter 151 of the laws of 2010, amending the  arts  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11376-04-1

 S. 6716                             2
 
   cultural affairs law relating to resale of tickets of places of enter-
   tainment, in relation to extending the effectiveness thereof (Part L)

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law  components  of  legislation  that
 relate  to  live  event ticket sales. Each component is wholly contained
 within a Part identified as Parts A through L. The  effective  date  for
 each particular provision contained within such Part is set forth in the
 last section of such Part. Any provision in any section contained within
 a  Part, including the effective date of the Part, which makes reference
 to a section "of this act", when used in connection with that particular
 component, shall be deemed  to  mean  and  refer  to  the  corresponding
 section of the Part in which it is found, unless noted otherwise.
 
                                  PART A
 
   Section  1.  Paragraph  (a) of subdivision 3, and subdivisions 4, 5, 6
 and 10 of section 25.24 of the arts and cultural affairs law,  paragraph
 (a)  of subdivision 3, and subdivisions 4, 5 and 6 as amended by chapter
 472 of the laws of 2016 and subdivision 10 as added by  chapter  110  of
 the laws of 2018, are amended to read as follows:
   (a)  Any  person,  firm,  corporation  or  other  entity who knowingly
 utilizes ticket purchasing software in order to purchase  tickets  shall
 be  subject  to  a  civil  penalty  in  an  amount of no less than [five
 hundred] ONE THOUSAND dollars and no more than [one] TWO  thousand  five
 hundred  dollars  for  each 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
 ticket purchasing software to purchase tickets shall  be  subject  to  a
 civil  penalty  in  an  amount of no less than [seven hundred fifty] ONE
 THOUSAND dollars and no  more  than  [one]  TWO  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, employees,
 or agents shall be subject to a civil penalty in an amount  of  no  less
 than  [five  hundred]  ONE  THOUSAND  dollars and no more than [one] TWO
 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 three
 years shall be guilty of a violation and may be fined no less than [one]
 TWO thousand dollars and no more than [five] TEN  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.
   10. [Any person, firm, corporation or other entity who is  a  licensee
 under  this  article who is adjudicated guilty of the following acts may
 lose their license and may be barred from licensure under  this  article

 S. 6716                             3

 for  a  period not to exceed three years to be determined by the depart-
 ment of state pursuant to section 25.31 of this article if  such  licen-
 see:  (a)  knowingly  utilized  ticket  purchasing  software in order to
 purchase  tickets;  (b)  knowingly  resold or offered to resell a ticket
 that such licensee knew was obtained using ticket  purchasing  software;
 or  (c)  intentionally  maintained  any  interest  in  or maintained any
 control of the operation of ticket purchasing software to purchase tick-
 ets.] (A) ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS A LICEN-
 SEE UNDER THIS ARTICLE WHO IS ADJUDICATED GUILTY OF THE  FOLLOWING  ACTS
 SHALL  LOSE THEIR LICENSE AND SHALL BE PERMANENTLY BARRED FROM LICENSURE
 UNDER THIS ARTICLE PURSUANT TO SECTION 25.31 OF  THIS  ARTICLE  IF  SUCH
 LICENSEE:  (I) KNOWINGLY UTILIZED TICKET PURCHASING SOFTWARE IN ORDER TO
 PURCHASE TICKETS; (II) KNOWINGLY RESOLD OR OFFERED TO  RESELL  A  TICKET
 THAT  SUCH  LICENSEE KNEW WAS OBTAINED USING TICKET PURCHASING SOFTWARE;
 OR (III) INTENTIONALLY MAINTAINED ANY  INTEREST  IN  OR  MAINTAINED  ANY
 CONTROL OF THE OPERATION OF TICKET PURCHASING SOFTWARE TO PURCHASE TICK-
 ETS.
   (B)  FAILURE  TO  NOTIFY THE ATTORNEY GENERAL OF SUCH ACTS PURSUANT TO
 THIS ARTICLE SHALL RESULT IN A VIOLATION AND SUCH PERSON,  FIRM,  CORPO-
 RATION  OR  OTHER  ENTITY  WHO  FAILS TO MAKE SUCH NOTIFICATION SHALL BE
 SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO  LESS  THAN  FIVE  HUNDRED
 DOLLARS  AND  NO  MORE THAN ONE THOUSAND DOLLARS PER TICKET PURCHASED OR
 RESOLD UTILIZING SUCH TICKET PURCHASING SOFTWARE.
   (C) ANY PERSON, FIRM, CORPORATION OR OTHER  ENTITY  WHO  NOTIFIES  THE
 ATTORNEY GENERAL OF SUCH ACTS PURSUANT TO THIS ARTICLE, WHERE THE ATTOR-
 NEY GENERAL TAKES ACTION PURSUANT TO THE NOTIFICATION WHICH RESULTS IN A
 MONETARY  PENALTY  ASSESSED  UNDER A VIOLATION PURSUANT TO THIS ARTICLE,
 SHALL BE ENTITLED TO FIVE PERCENT OF THE FINAL PENALTY  COLLECTED  AS  A
 RESULT OF SUCH VIOLATION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART B
 
   Section 1. Section 25.03 of the  arts  and  cultural  affairs  law  is
 amended by adding a new subdivision 11 to read as follows:
   11.  "PROFESSIONAL  RESELLER"  MEANS A RESELLER, ALSO REFERRED TO AS A
 TICKET BROKER, AND INCLUDES ANY PERSON, FIRM, CORPORATION OR OTHER ENTI-
 TY THAT IS INVOLVED IN THE BUSINESS OF THE RESALE OF  TICKETS.  INDIVID-
 UALS  WHO  DO NOT REGULARLY ENGAGE IN THE BUSINESS OF RESELLING TICKETS,
 WHO RESELL FEWER THAN THIRTY TICKETS PER YEAR AND WHO OBTAIN THE TICKETS
 FOR SUCH INDIVIDUAL'S PERSONAL USE OR THE USE OF FRIENDS AND FAMILY, ARE
 NOT DEEMED PROFESSIONAL RESELLERS FOR THE PURPOSES OF THIS ARTICLE.
   § 2. 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. (A) No [person, firm or corporation]  PROFESSIONAL  RESELLER  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 transactions 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 busi-
 ness will be conducted from the secretary  of  state.  Any  operator  or
 manager  of a website that serves as a platform to facilitate resale, or

 S. 6716                             4
 
 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  thousand  dollars  and shall be renewed upon the payment of [a
 like fee annually.] AN ANNUAL RENEWAL FEE PURSUANT TO PARAGRAPH  (B)  OF
 THIS  SUBDIVISION.  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 ensu-
 ing 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.
   (B) THE ANNUAL PROFESSIONAL RESELLER RENEWAL FEE SHALL BE:
   (I)  FOR A PROFESSIONAL RESELLER THAT RESELLS MORE THAN THIRTY TICKETS
 BUT LESS THAN ONE HUNDRED TICKETS PER YEAR, AN ANNUAL RENEWAL FEE OF TWO
 THOUSAND DOLLARS TO MAINTAIN A PROFESSIONAL RESELLER LICENSE;
   (II) FOR A PROFESSIONAL RESELLER THAT RESELLS MORE  THAN  ONE  HUNDRED
 TICKETS  BUT  LESS  THAN TWO HUNDRED TICKETS PER YEAR, AN ANNUAL RENEWAL
 FEE OF THREE  THOUSAND  DOLLARS  TO  MAINTAIN  A  PROFESSIONAL  RESELLER
 LICENSE; AND
   (III)  FOR  A PROFESSIONAL RESELLER THAT RESELLS MORE THAN TWO HUNDRED
 TICKETS PER YEAR, AN ANNUAL RENEWAL FEE  OF  FOUR  THOUSAND  DOLLARS  TO
 MAINTAIN A PROFESSIONAL RESELLER LICENSE.
   § 3. Section 25.19 of the arts and cultural affairs law, as amended by
 chapter 110 of the laws of 2018, is amended to read as follows:
   § 25.19. Posting  of  license  or  certificate. 1. FOR THE PURPOSES OF
 THIS SECTION, "ONLINE RESALE MARKETPLACE" MEANS ANY OPERATOR OR  MANAGER
 OF  A WEBSITE OR OTHER ELECTRONIC SERVICE THAT RESELLS TICKETS OR SERVES
 AS A PLATFORM TO FACILITATE RESALE, OR RESALE BY WAY  OF  A  COMPETITIVE
 BIDDING PROCESS.
   2.  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 readi-
 ly see the same, and if such licensee does  business  on  the  internet,
 including  via a retail ticket purchasing platform, to provide a license
 number displayed in a conspicuous manner or 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

 S. 6716                             5
 
 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
 website, application, phone system, or other technology platform used to
 sell tickets.
   3. (A) AN ONLINE RESALE MARKETPLACE SHALL REQUIRE PROFESSIONAL RESELL-
 ERS  TO PROVIDE THEIR NEW YORK STATE TICKET RESELLER LICENSE NUMBER AS A
 CONDITION OF UTILIZING AN ONLINE RESALE MARKETPLACE TO RESELL TICKETS.
   (B) AN ONLINE  RESALE  MARKETPLACE  SHALL  DISCLOSE  IN  A  CLEAR  AND
 CONSPICUOUS MANNER A NOTICE ON THE ADVERTISEMENT OR OFFER OF A TICKET OR
 TICKETS  THAT SUCH TICKET OR TICKETS BEING PURCHASED ARE BEING RESOLD BY
 A LICENSED NEW YORK STATE PROFESSIONAL RESELLER.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law; provided, however, that the amendments to sections
 25.03, 25.13 and 25.19 of the arts and  cultural  affairs  law  made  by
 sections  one,  two and three of this act shall not affect the repeal of
 such article and shall be deemed repealed therewith.
 
                                  PART C
 
   Section 1. 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
 and a new subdivision 5 is added 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 TICKETS OR FACILITATES THE SALE OF TICKETS,  resells  tickets
 or facilitates the resale or resale auction of tickets between independ-
 ent  parties by any means, must guarantee 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),  UNLESS  THE
 PURCHASER  ELECTS  TO  RETAIN  SUCH  TICKETS  OR A CREDIT EQUAL TO OR IN
 EXCESS OF THE FULL AMOUNT PAID BY THE PURCHASER IN LIEU OF A FULL REFUND
 WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE  OF  AN  OPPORTUNITY  FOR  A
 REFUND,  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 ticket  is  coun-
 terfeit  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;  (D)  THE  EVENT  FOR
 WHICH SUCH TICKET HAS BEEN SOLD OR RESOLD IS POSTPONED MORE THAN ONCE IN
 A  CALENDAR  YEAR;  (E) THE EVENT FOR WHICH SUCH TICKET HAS BEEN SOLD OR
 RESOLD HAS BEEN RESCHEDULED TO A SUBSEQUENT DATE MORE THAN ONE YEAR FROM
 THE INITIAL EVENT DATE; OR (F) THE EVENT FOR WHICH SUCH TICKET HAS  BEEN
 SOLD  OR  RESOLD  HAS BEEN POSTPONED AND HAS NOT BEEN RESCHEDULED WITHIN
 THREE MONTHS AFTER THE INITIAL EVENT DATE.  UPON THE OCCURRENCE  OF  ANY
 OF  THE  AFOREMENTIONED  EVENTS, THE SELLER OR RESELLER SHALL NOTIFY THE
 PURCHASER OF SUCH TICKETS AND SHALL PROVIDE A THIRTY-DAY  WINDOW  DURING
 WHICH  THE  PURCHASER MAY ELECT TO RETAIN SUCH TICKETS, RECEIVE A CREDIT

 S. 6716                             6
 
 EQUAL TO OR IN EXCESS OF THE  FULL  AMOUNT  PAID  BY  THE  PURCHASER  OR
 RECEIVE  A  FULL  REFUND.   IF, AT THE END OF THE THIRTY-DAY WINDOW, THE
 PURCHASER OF SUCH TICKETS DOES NOT  CHOOSE  ONE  OF  THE  AFOREMENTIONED
 OPTIONS, THEY SHALL RECEIVE AN IMMEDIATE FULL REFUND FOR THE AMOUNT PAID
 BY  THE  PURCHASER  INCLUDING BUT NOT LIMITED TO ALL FEES, REGARDLESS OF
 HOW CHARACTERIZED.  THE SECRETARY OF STATE SHALL  PROMULGATE  RULES  AND
 REGULATIONS  REGARDING  NOTIFICATION  PROCEDURES  AND  SHALL DETERMINE A
 SUFFICIENT REFUND TIME PERIOD, WHICH SHALL BE NO LESS THAN  THIRTY  DAYS
 FOLLOWING THE OCCURRENCE OF A TRIGGERING EVENT.
   5.  A  PURCHASER SHALL BE ENTITLED TO A FULL REFUND OF THE AMOUNT PAID
 FOR SUCH TICKETS, INCLUDING, BUT NOT LIMITED TO, ALL FEES, REGARDLESS OF
 HOW CHARACTERIZED, IF SUCH PURCHASER CAN DEMONSTRATE A MEDICAL NECESSITY
 FOR ABSTAINING FROM THE EVENT FOR WHICH THE TICKET  WAS  PURCHASED.  THE
 SECRETARY  OF STATE SHALL PROMULGATE RULES AND REGULATIONS REGARDING HOW
 A PURCHASER SHALL RECEIVE A FULL REFUND PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law,  provided, however, that the amendments to section
 25.07 of the arts and cultural affairs law made by section one  of  this
 act  shall not affect the expiration of such section and shall be deemed
 expired therewith.

                                  PART D
 
   Section 1. Subdivision 2 of section 25.23 of  the  arts  and  cultural
 affairs  law, as added by chapter 110 of the laws of 2018, is amended to
 read as follows:
   2. 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, that the price of such ticket offered for sale  may  exceed  the
 established price and shall also state the refund policy of the platform
 in  connection  with  the  cancellation or postponement of an event.  AN
 ONLINE RESALE MARKETPLACE SHALL REQUIRE THE ESTABLISHED PRICE CHARGED BY
 THE OPERATOR OF A PLACE OF ENTERTAINMENT THAT IS PRINTED OR ENDORSED  ON
 THE FACE OF EACH TICKET IN ACCORDANCE WITH SECTION 25.07 OF THIS ARTICLE
 TO  BE CLEARLY AND CONSPICUOUSLY POSTED AS PART OF EACH ADVERTISEMENT OR
 OFFER FOR THE RESALE OF TICKETS.  An  online  resale  marketplace  shall
 require  that  the user confirm having read such [notice] NOTICES before
 completing 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  resells  tickets  or  serves as a platform to
 facilitate resale, or resale by way of a competitive bidding process.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided however that the amendments to section 25.23
 of  the  arts  and  cultural affairs law made by section one of this act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith.

                                  PART E
 
   Section 1. Section 25.10 of the arts  and  cultural  affairs  law,  as
 added by chapter 110 of the laws of 2018, is amended to read as follows:
   §  25.10.  Ticket  resale  requirements. 1. It shall be unlawful for a
 licensee or other ticket reseller to ADVERTISE FOR THE SALE OF  TICKETS,
 contract  for the sale of tickets, contract to obtain tickets for anoth-
 er, or accept consideration for payment in full or for a deposit for the

 S. 6716                             7
 
 sale of tickets unless [such licensee or other ticket reseller meets one
 or more of the following requirements] AND UNTIL:
   (a)  such  licensee or other ticket reseller has the offered ticket in
 its possession OR HAS A WRITTEN CONTRACT TO OBTAIN THE OFFERED TICKET AT
 A CERTAIN PRICE FROM A PERSON OR ENTITY IN POSSESSION OF THE  TICKET  OR
 FROM A PERSON OR ENTITY WHO HAS A CONTRACTUAL RIGHT TO OBTAIN SUCH TICK-
 ET; AND
   (b)  [such licensee or other ticket reseller has a written contract to
 obtain the offered ticket at a certain price from a person in possession
 of the ticket or from a person who has a  contractual  right  to  obtain
 such ticket; or
   (c)  such licensee or other ticket reseller informs the purchaser in a
 clear and conspicuous manner and in plain language at the time of offer-
 ing such ticket for sale and in a written notice prior to the completion
 of the transaction that such licensee or other ticket reseller does  not
 have  possession  of  the  ticket, has no contract to obtain the offered
 ticket at a certain price from a person in possession of the  ticket  or
 from a person who has a contractual right to obtain such ticket, may not
 be able to supply the ticket at the contracted price or range of prices,
 and requires such purchaser to expressly confirm prior to completing the
 transaction that the purchaser has read such notice.
   2.  Nothing  in this section shall prohibit a licensee or other ticket
 reseller from accepting a deposit from a  prospective  purchaser  for  a
 resale  pursuant  to  paragraph  (c) of subdivision one of this section,
 provided that  such  licensee  or  other  ticket  reseller  informs  the
 purchaser  in  writing prior to receipt of consideration of the terms of
 the deposit agreement, and includes in the written  notice  the  disclo-
 sures  otherwise  required  by  this  section.  If  a licensee or ticket
 reseller has entered into a contract with or received consideration from
 a prospective purchaser for the sale of a ticket or tickets  and  cannot
 supply  such  ticket  or tickets at the contracted price or price range,
 such licensee or ticket reseller shall refund any monies  paid  by  such
 prospective  purchaser  within ten business days of receipt of a request
 for a refund from such purchaser.
   3.] TICKETS TO THE EVENT HAVE BEEN PLACED ON  SALE  BY  THE  VENUE  OR
 ENTITY  HOSTING  THE  EVENT OR ITS AUTHORIZED AGENT. FOR THE PURPOSES OF
 THIS SECTION, "PLACED ON SALE" SHALL MEAN THE DATE AND TIME WHEN TICKETS
 ARE MADE AVAILABLE FOR SALE TO THE GENERAL PUBLIC, EXCLUDING  ANY  PRIOR
 SALES  TO FAN CLUBS, BUSINESSES, AND PERSONS FOR PROMOTIONAL ACTIVITIES.
 THIS PARAGRAPH SHALL NOT APPLY TO SEASON OR SUBSCRIPTION TICKET HOLDERS.
   2. Nothing in this section shall  be  construed  to  nullify,  expand,
 restrict,  or otherwise amend or modify now existing laws or regulations
 outside of this article, and nothing in this section shall be  construed
 as  making  lawful any fraudulent, deceptive, or illegal act or practice
 that is unlawful pursuant to now existing laws or regulations.
   [4.] 3. 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. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law;  provided, however, that the amendments to section
 25.10 of the arts and cultural affairs law made by section one  of  this
 act  shall  not  affect  the  repeal of such section and shall be deemed
 repealed therewith.
 
                                  PART F

 S. 6716                             8
 
   Section 1. Subdivision 4 of section 25.07 of  the  arts  and  cultural
 affairs  law, as added by chapter 110 of the laws of 2018, is amended to
 read as follows:
   4. Every operator or operator's agent of a place of entertainment, any
 licensee or other ticket reseller, or platform that facilitates the SALE
 OR resale of tickets shall, IN ALL ADVERTISEMENTS AND TICKET SALES LIST-
 INGS,  DISPLAY  THE TOTAL COST OF THE TICKET, INCLUSIVE OF ALL ANCILLARY
 FEES THAT MUST BE PAID IN ORDER TO PURCHASE A TICKET AND 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 TO THE PURCHASER. SUCH DISCLOSURES
 SHALL  OCCUR  AT  THE  BEGINNING  OF  A  TRANSACTION  BEFORE A TICKET IS
 SELECTED FOR PURCHASE. THE PRICE OF THE TICKET SHALL NOT  CHANGE  DURING
 THE  PURCHASE  PROCESS,  EXCLUDING  REASONABLE  FEES FOR THE DELIVERY OF
 NON-ELECTRONIC TICKETS BASED ON THE  DELIVERY  METHOD  SELECTED  BY  THE
 PURCHASER THAT SHALL BE DISCLOSED prior to accepting payment therefor.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law provided, however, that the amendments to  subdivision
 4  of section 25.07 of the arts and cultural affairs law made by section
 one of this act shall not affect the repeal of such section and shall be
 deemed to repeal therewith.
 
                                  PART G
 
   Section 1. Section 25.03 of the  arts  and  cultural  affairs  law  is
 amended by adding two new subdivisions 11 and 12 to read as follows:
   11.  "PRIMARY  TICKET SELLER" MEANS AN OWNER OR OPERATOR OF A VENUE OR
 SPORTS TEAM, A MANAGER OR PROVIDER OF AN EVENT, OR A PROVIDER OF TICKET-
 ING SERVICES OR AN AGENT OF SUCH OWNER, OPERATOR, MANAGER,  OR  PROVIDER
 THAT  ENGAGES IN THE PRIMARY SALE OF TICKETS FOR AN EVENT OR RETAINS THE
 AUTHORITY TO OTHERWISE DISTRIBUTE TICKETS.
   12. "PLACED ON SALE" MEANS THE DATE AND TIME  WHEN  TICKETS  ARE  MADE
 AVAILABLE  FOR  SALE TO THE GENERAL PUBLIC, EXCLUDING ANY PRIOR SALES TO
 FAN CLUBS, BUSINESSES, AND PERSONS FOR PROMOTIONAL ACTIVITIES.
   § 2. Section 25.29 of the arts and cultural affairs law, as amended by
 chapter 61 of the laws of 2007 and subdivision 1 as amended  by  chapter
 151 of the laws of 2010, is amended to read as follows:
   § 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] ANY PERSON, FIRM OR
 CORPORATION, REGARDLESS OF WHETHER OR NOT LICENSED UNDER  THIS  ARTICLE,
 THAT  SELLS  TICKETS OR FACILITATES THE SALE OF TICKETS, RESELLS TICKETS
 OR FACILITATES THE RESALE OR RESALE AUCTION OF TICKETS BETWEEN INDEPEND-
 ENT PARTIES BY ANY MEANS for special services[, including but not limit-
 ed to,]  ACTUALLY  RENDERED  OR  OTHERWISE  IN  CONNECTION  TO  CUSTOMER
 SUPPORT,  TECHNOLOGICAL  AND  SOFTWARE INFRASTRUCTURE, AND ACTUAL OPERA-
 TIONAL COSTS FOR sales away from the box office[, credit card  sales  or
 delivery];  (B)  IT SHALL BE AN UNLAWFUL ACT FOR A PRIMARY TICKET SELLER
 THAT ALSO ENGAGES IN THE RESALE OR FACILITATES  THE  RESALE  OF  TICKETS
 FROM  CHARGING ANY FEE WHATSOEVER TO RESELL TICKETS ORIGINALLY PURCHASED
 FROM SUCH SELLER; and  [(b)]  (C)  nothing  in  this  article  shall  be

 S. 6716                             9
 
 construed to prohibit an operator or its agent from offering for initial
 sale tickets by means of an auction.
   2.  A  REASONABLE AND ACTUAL COST FOR THE PHYSICAL DELIVERY OF TICKETS
 MAY BE CHARGED BY THE SELLER OR RESELLER BASED ON THE METHOD OF DELIVERY
 SELECTED BY THE PURCHASER; PROVIDED, HOWEVER, NO DELIVERY FEE  SHALL  BE
 SEPARATELY CHARGED FOR ELECTRONIC TICKETS OR TICKETS THAT MAY BE PRINTED
 AT HOME.
   3.  ANY  PERSON,  FIRM  OR  CORPORATION,  REGARDLESS OF WHETHER OR NOT
 LICENSED UNDER THIS ARTICLE, THAT SELLS TICKETS OR FACILITATES THE  SALE
 OF  TICKETS  IS PROHIBITED FROM REQUIRING A MINIMUM PRICE FOR THE RESALE
 OF ANY TICKETS PURCHASED FROM A PRIMARY TICKET SELLER.
   4. ANY PERSON, FIRM OR  CORPORATION,  REGARDLESS  OF  WHETHER  OR  NOT
 LICENSED  UNDER THIS ARTICLE, THAT SELLS TICKETS OR FACILITATES THE SALE
 OF TICKETS IS PROHIBITED FROM CHARGING GREATER  PRICES  FOR  TICKETS  IN
 SIMILAR  SECTIONS AND ROWS THAT ARE SUBSEQUENTLY OFFERED FOR SALE TO THE
 GENERAL PUBLIC AFTER THE ORIGINAL DATE THEY WERE PLACED ON SALE.
   5. 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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that the  amendments  to  sections
 25.03  and  25.29  of the arts and cultural affairs law made by sections
 one and two of this act shall not affect the repeal of such sections and
 shall be deemed repealed therewith.
 
                                  PART H
 
   Section 1. The arts and cultural affairs law is amended  by  adding  a
 new section 25.06 to read as follows:
   §  25.06.  RESALE  OF  TICKETS ISSUED AT NO CHARGE. NOTWITHSTANDING AN
 INDIVIDUAL'S ABILITY TO TRANSFER A TICKET TO ANOTHER PARTY, 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  SUCH TICKET WAS INITIALLY OFFERED TO THE PUBLIC AT NO
 CHARGE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become a law; provided, however, that the amendments to article 25
 of the arts and cultural affairs law made by section  one  of  this  act
 shall not affect the repeal of such article and shall be deemed repealed
 therewith.
 
                                  PART I
 
   Section  1.  Section  25.03  of  the  arts and cultural affairs law is
 amended by adding a new subdivision 11 to read as follows:
   11. "PRIMARY TICKET SELLER" MEANS AN OWNER OR OPERATOR OF A  VENUE  OR
 SPORTS TEAM, A MANAGER OR PROVIDER OF AN EVENT, OR A PROVIDER OF TICKET-
 ING  SERVICES  OR AN AGENT OF SUCH OWNER, OPERATOR, MANAGER, OR PROVIDER
 THAT ENGAGES IN THE PRIMARY SALE OF TICKETS FOR AN EVENT OR RETAINS  THE
 AUTHORITY TO OTHERWISE DISTRIBUTE TICKETS.
   §  2.  The  arts  and  cultural affairs law is amended by adding a new
 section 25.04 to read as follows:
   § 25.04. TICKETS WITHHELD FROM SALE  TO  GENERAL  PUBLIC.  1.  PRIMARY
 TICKET  SELLERS  SHALL  DISCLOSE  AND DISPLAY ON THE WEBSITE, AT THE BOX

 S. 6716                            10
 
 OFFICE AND ANY OTHER METHOD OF TICKET DISTRIBUTION OF SUCH PRIMARY TICK-
 ET SELLER, THE TOTAL NUMBER OF TICKETS OFFERED FOR SALE TO  THE  GENERAL
 PUBLIC BY SUCH PRIMARY TICKET SELLER NOT LESS THAN SEVEN DAYS BEFORE THE
 DATE  ON  WHICH  TICKETS  SHALL BE AVAILABLE FOR PRIMARY SALE. THE TOTAL
 NUMBER SHALL BE PERIODICALLY UPDATED BY THE PRIMARY TICKET SELLER IF AND
 WHEN ADDITIONAL TICKETS ARE SUBSEQUENTLY RELEASED FOR SALE TO THE GENER-
 AL PUBLIC.  THIS SUBDIVISION SHALL NOT APPLY TO VENUES  WITH  A  SEATING
 CAPACITY OF LESS THAN SIX THOUSAND FIVE HUNDRED GUESTS.
   2. IT SHALL BE AN UNLAWFUL PRACTICE FOR A PRIMARY TICKET SELLER OR ANY
 PERSON  OR  ENTITY  WHO  HAS  ACCESS TO TICKETS TO AN EVENT PRIOR TO THE
 TICKETS' RELEASE FOR SALE TO THE GENERAL PUBLIC TO WITHHOLD SUCH TICKETS
 FROM SALE TO THE GENERAL PUBLIC IN AN AMOUNT EXCEEDING  TEN  PERCENT  OF
 ALL  AVAILABLE  SEATING  FOR THE EVENT. TICKETS DISTRIBUTED TO BONA FIDE
 CHARITABLE GROUPS OR INITIALLY RESERVED DUE TO EVENT  PRODUCTION  HOLDS,
 INCLUDING BUT NOT LIMITED TO PENDING SEATING, LIGHTING, OR STAGE CONFIG-
 URATIONS, THAT ARE SUBSEQUENTLY RELEASED TO THE GENERAL PUBLIC SHALL NOT
 BE INCLUDED WITHIN THIS AMOUNT.
   3.  IT SHALL BE AN UNLAWFUL PRACTICE FOR AN INDIVIDUAL EMPLOYEE OF ANY
 VENUE, PRIMARY TICKET SELLER, TEAM, ARTIST, ONLINE  RESALE  MARKETPLACE,
 BOX  OFFICE  OR ANY OTHER ENTITY THAT IS INVOLVED IN HOSTING, PROMOTING,
 PERFORMING OR TICKET SELLING TO RESELL TICKETS THAT HAVE  BEEN  WITHHELD
 FROM  THE GENERAL PUBLIC FOR A HIGHER PRICE THAN THE PRIMARY SALE OF THE
 TICKET OR RESELL TICKETS TO ANY THIRD PARTY THAT  MAY  HAVE  INTENTIONS,
 ACTUALLY  OR CONSTRUCTIVELY KNOWN BY SUCH EMPLOYEE, TO RESELL THE TICKET
 FOR A HIGHER PRICE THAN THE TOTAL COST  OF  THE  TICKET,  INCLUDING  ALL
 ANCILLARY CHARGES.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that the amendments to article  25
 of  the  arts  and  cultural affairs law made by sections one and two of
 this act shall not affect the repeal of such article and shall be deemed
 repealed therewith.
 
                                  PART J
 
   Section 1. Section 25.12 of the arts  and  cultural  affairs  law,  as
 added by chapter 110 of the laws of 2018, is amended to read as follows:
   §  25.12.  Professional sports organization membership pass.  Notwith-
 standing section 25.30 of this article, an operator of a place of enter-
 tainment or such operator's agent may offer paperless tickets  which  do
 not allow for independent transferability provided that such tickets are
 included in a membership pass at a discounted price offered by a profes-
 sional  sports  organization  for  seating  in venues or stadiums with a
 fixed capacity of over [thirty] THIRTEEN  thousand  FIVE  HUNDRED  seats
 that  guarantees  entry  to  a specified number of events in a specified
 time period with seat assignments assigned no more than four hours prior
 to the commencement of the event and such seat assignment must be  vari-
 able from game to game and not intended for season ticket holders. Tick-
 ets  provided  under  such  membership pass may be restricted from being
 transferred or resold, including  through  the  operator  or  operators'
 agents,  and must be clearly marked as such prior to initial offering or
 sale. Such membership pass shall not mean a subscription or season tick-
 et package offered for sale and shall not result in  the  sale  of  more
 than  five  percent of the maximum amount of all seats that will be made
 available at a venue for a  particular  event  to  be  sold  under  this
 section.

 S. 6716                            11

   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  the  amendments  to  section
 25.12  of  the arts and cultural affairs law made by section one of this
 act shall not affect the repeal of such  section  and  shall  be  deemed
 repealed therewith.
 
                                  PART K
 
   Section  1.  The  general  obligations  law is amended by adding a new
 section 5-338 to read as follows:
   § 5-338. AGREEMENTS BETWEEN OPERATORS OF PLACES OF  ENTERTAINMENT  AND
 PRIMARY TICKET VENDORS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ENTERTAINMENT"  MEANS  ALL FORMS OF ENTERTAINMENT INCLUDING, BUT
 NOT LIMITED TO, THEATRICAL OR OPERATIC  PERFORMANCES,  CONCERTS,  MOTION
 PICTURES, ALL FORMS OF ENTERTAINMENT AT FAIRGROUNDS, AMUSEMENT PARKS AND
 ALL TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOTBALL, BASKETBALL, BASE-
 BALL,  BOXING,  TENNIS, HOCKEY, AND ANY OTHER SPORT, AND ALL OTHER FORMS
 OF DIVERSION, RECREATION OR SHOW.
   (B) "OPERATOR" MEANS ANY PERSON WHO  OWNS,  OPERATES,  OR  CONTROLS  A
 PLACE OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT.
   (C) "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.
   (D)  "PRIMARY  TICKET SELLER" MEANS AN OWNER OR OPERATOR OF A VENUE OR
 SPORTS TEAM, A MANAGER OR PROVIDER OF AN EVENT, OR A PROVIDER OF TICKET-
 ING SERVICES OR AN AGENT OF SUCH OWNER, OPERATOR, MANAGER,  OR  PROVIDER
 THAT  ENGAGES IN THE PRIMARY SALE OF TICKETS FOR AN EVENT OR RETAINS THE
 AUTHORITY TO OTHERWISE DISTRIBUTE TICKETS.
   (E) "TICKET" MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY PLACE  OF
 ENTERTAINMENT.
   2.  A  CONTRACT  BETWEEN  AN OPERATOR OF PLACES OF ENTERTAINMENT AND A
 PRIMARY TICKET VENDOR SHALL NOT PROVIDE FOR THE PRIMARY TICKET VENDOR TO
 BE THE EXCLUSIVE AND SOLE PRIMARY TICKET  VENDOR  FOR  THE  OPERATOR  OF
 PLACES OF ENTERTAINMENT.
   3.  IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION
 MADE UNLAWFUL UNDER THIS SECTION OR TO OTHERWISE PENALIZE AN OPERATOR OF
 A PLACE OF ENTERTAINMENT FOR ENTERING INTO  AN  AGREEMENT  WITH  ANOTHER
 PRIMARY TICKET SELLER.
   4.  ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO PUBLIC
 POLICY AND THUS IS VOID AND UNENFORCEABLE.
   5. THIS SECTION SHALL NOT REQUIRE AN OPERATOR OF  A  PLACE  OF  ENTER-
 TAINMENT  TO  ENTER  INTO  AN  AGREEMENT WITH A PRIMARY TICKET SELLER OR
 REQUIRE THAT AN OPERATOR OF A PLACE OF ENTERTAINMENT HAVE  AN  AGREEMENT
 WITH MULTIPLE PRIMARY TICKET SELLERS.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law,  and  shall  apply  to
 contracts entered into on or after such date.
 
                                  PART L
 
   Section  1. 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 relat-
 ing to the regulation of boxing and wrestling matches relating to  tick-

 S. 6716                            12
 
 ets to places of entertainment, as amended by chapter 110 of the laws of
 2018, 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, [2021] 2024 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
 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.
   § 2. 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 110 of the laws of 2018, 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, [2021] 2024 when
 upon such date such provisions shall expire and be deemed repealed.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through L of this act shall  be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6716--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  KRUEGER,  MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations -- recommitted to the  Committee  on
   Investigations  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 insti-
   tuting  civil penalties for utilizing ticket purchasing software (Part
   A); to amend the arts and cultural affairs law, in relation to  estab-
   lishing  an  annual  professional  reseller  renewal fee and requiring
   professional ticket resellers to provide their New York  state  ticket
   reseller  license  number  (Part  B);  to  amend the arts and cultural
   affairs law, in relation to providing criteria for  when  a  purchaser
   may  obtain a full refund of the amount paid for a ticket (Part C); to
   amend the arts and cultural affairs  law,  in  relation  to  requiring
   online  resale  marketplaces  to  post the established ticket price as
   part of each advertisement or offer for the resale  of  tickets  (Part
   D);  to amend the arts and cultural affairs law, in relation to resale
   requirements for tickets (Part E); to  amend  the  arts  and  cultural
   affairs  law,  in  relation to requiring ticket prices to be disclosed
   prior to a customer purchasing such ticket and requiring such price to
   remain the same during the purchase process (Part  F);  to  amend  the
   arts  and  cultural  affairs  law,  in relation to unlawful charges in
   connection with tickets (Part G);  to  amend  the  arts  and  cultural
   affairs law, in relation to prohibiting the resale of a ticket if such
   ticket  was  initially offered to the public at no charge (Part H); to
   amend the arts and cultural affairs law, in relation to the availabil-
   ity of tickets for sale to the general public (Part I); to  amend  the
   arts and cultural affairs law, in relation to minimum seating capacity
   requirements  for  a  professional sports organization membership pass
   (Part J); to amend the general obligations law, in relation to prohib-
   iting exclusivity clauses in contracts between operators of places  of
   entertainment  and primary ticket vendors (Part K); and to amend chap-
   ter 704 of the laws of 1991, amending the arts  and  cultural  affairs
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11376-05-1
 S. 6716--A                          2
 
   law  and  chapter  912  of  the laws of 1920 relating to regulation of
   boxing and wrestling matches relating to tickets to places  of  enter-
   tainment,  and  chapter 151 of the laws of 2010, amending the arts and
   cultural affairs law relating to resale of tickets of places of enter-
   tainment, in relation to extending the effectiveness thereof (Part L)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law  components  of  legislation  that
 relate  to  live  event ticket sales. Each component is wholly contained
 within a Part identified as Parts A through L. The  effective  date  for
 each particular provision contained within such Part is set forth in the
 last section of such Part. Any provision in any section contained within
 a  Part, including the effective date of the Part, which makes reference
 to a section "of this act", when used in connection with that particular
 component, shall be deemed  to  mean  and  refer  to  the  corresponding
 section of the Part in which it is found, unless noted otherwise.
 
                                  PART A
 
   Section  1.  Paragraph  (a) of subdivision 3, and subdivisions 4, 5, 6
 and 10 of section 25.24 of the arts and cultural affairs law,  paragraph
 (a)  of subdivision 3, and subdivisions 4, 5 and 6 as amended by chapter
 472 of the laws of 2016 and subdivision 10 as added by  chapter  110  of
 the laws of 2018, are amended to read as follows:
   (a)  Any  person,  firm,  corporation  or  other  entity who knowingly
 utilizes ticket purchasing software in order to purchase  tickets  shall
 be  subject  to  a  civil  penalty  in  an  amount of no less than [five
 hundred] ONE THOUSAND dollars and no more than [one] TWO  thousand  five
 hundred  dollars  for  each 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
 ticket purchasing software to purchase tickets shall  be  subject  to  a
 civil  penalty  in  an  amount of no less than [seven hundred fifty] ONE
 THOUSAND dollars and no  more  than  [one]  TWO  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, employees,
 or agents shall be subject to a civil penalty in an amount  of  no  less
 than  [five  hundred]  ONE  THOUSAND  dollars and no more than [one] TWO
 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 three
 years shall be guilty of a violation and may be fined no less than [one]
 TWO thousand dollars and no more than [five] TEN  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.
 S. 6716--A                          3
 
   10. [Any person, firm, corporation or other entity who is  a  licensee
 under  this  article who is adjudicated guilty of the following acts may
 lose their license and may be barred from licensure under  this  article
 for  a  period not to exceed three years to be determined by the depart-
 ment  of  state pursuant to section 25.31 of this article if such licen-
 see: (a) knowingly utilized  ticket  purchasing  software  in  order  to
 purchase  tickets;  (b)  knowingly  resold or offered to resell a ticket
 that such licensee knew was obtained using ticket  purchasing  software;
 or  (c)  intentionally  maintained  any  interest  in  or maintained any
 control of the operation of ticket purchasing software to purchase tick-
 ets.] (A) ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS A LICEN-
 SEE UNDER THIS ARTICLE WHO IS ADJUDICATED GUILTY OF THE  FOLLOWING  ACTS
 SHALL  LOSE THEIR LICENSE AND SHALL BE PERMANENTLY BARRED FROM LICENSURE
 UNDER THIS ARTICLE PURSUANT TO SECTION 25.31 OF  THIS  ARTICLE  IF  SUCH
 LICENSEE:  (I) KNOWINGLY UTILIZED TICKET PURCHASING SOFTWARE IN ORDER TO
 PURCHASE TICKETS; (II) KNOWINGLY RESOLD OR OFFERED TO  RESELL  A  TICKET
 THAT  SUCH  LICENSEE KNEW WAS OBTAINED USING TICKET PURCHASING SOFTWARE;
 OR (III) INTENTIONALLY MAINTAINED ANY  INTEREST  IN  OR  MAINTAINED  ANY
 CONTROL OF THE OPERATION OF TICKET PURCHASING SOFTWARE TO PURCHASE TICK-
 ETS.
   (B)  FAILURE  TO  NOTIFY THE ATTORNEY GENERAL OF SUCH ACTS PURSUANT TO
 THIS ARTICLE SHALL RESULT IN A VIOLATION AND SUCH PERSON,  FIRM,  CORPO-
 RATION  OR  OTHER  ENTITY  WHO  FAILS TO MAKE SUCH NOTIFICATION SHALL BE
 SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO  LESS  THAN  FIVE  HUNDRED
 DOLLARS  AND  NO  MORE THAN ONE THOUSAND DOLLARS PER TICKET PURCHASED OR
 RESOLD UTILIZING SUCH TICKET PURCHASING SOFTWARE.
   (C) ANY PERSON, FIRM, CORPORATION OR OTHER  ENTITY  WHO  NOTIFIES  THE
 ATTORNEY GENERAL OF SUCH ACTS PURSUANT TO THIS ARTICLE, WHERE THE ATTOR-
 NEY GENERAL TAKES ACTION PURSUANT TO THE NOTIFICATION WHICH RESULTS IN A
 MONETARY  PENALTY  ASSESSED  UNDER A VIOLATION PURSUANT TO THIS ARTICLE,
 SHALL BE ENTITLED TO FIVE PERCENT OF THE FINAL PENALTY  COLLECTED  AS  A
 RESULT OF SUCH VIOLATION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART B
 
   Section 1. Section 25.03 of the  arts  and  cultural  affairs  law  is
 amended by adding a new subdivision 11 to read as follows:
   11.  "PROFESSIONAL  RESELLER"  MEANS A RESELLER, ALSO REFERRED TO AS A
 TICKET BROKER, AND INCLUDES ANY PERSON, FIRM, CORPORATION OR OTHER ENTI-
 TY THAT IS INVOLVED IN THE BUSINESS OF THE RESALE OF  TICKETS.  INDIVID-
 UALS  WHO  DO NOT REGULARLY ENGAGE IN THE BUSINESS OF RESELLING TICKETS,
 WHO RESELL FEWER THAN THIRTY TICKETS PER YEAR AND WHO OBTAIN THE TICKETS
 FOR SUCH INDIVIDUAL'S PERSONAL USE OR THE USE OF FRIENDS AND FAMILY, ARE
 NOT DEEMED PROFESSIONAL RESELLERS FOR THE PURPOSES OF THIS ARTICLE.
   § 2. 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. (A) No [person, firm or corporation]  PROFESSIONAL  RESELLER  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 transactions 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
 S. 6716--A                          4
 
 first procured a license or certificate for each location at which busi-
 ness 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  thousand  dollars  and shall be renewed upon the payment of [a
 like fee annually.] AN ANNUAL RENEWAL FEE PURSUANT TO PARAGRAPH  (B)  OF
 THIS  SUBDIVISION.  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 ensu-
 ing 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.
   (B) THE ANNUAL PROFESSIONAL RESELLER RENEWAL FEE SHALL BE:
   (I)  FOR A PROFESSIONAL RESELLER THAT RESELLS MORE THAN THIRTY TICKETS
 BUT LESS THAN ONE HUNDRED TICKETS PER YEAR, AN ANNUAL RENEWAL FEE OF TWO
 THOUSAND DOLLARS TO MAINTAIN A PROFESSIONAL RESELLER LICENSE;
   (II) FOR A PROFESSIONAL RESELLER THAT  RESELLS  ONE  HUNDRED  OR  MORE
 TICKETS  BUT  LESS  THAN TWO HUNDRED TICKETS PER YEAR, AN ANNUAL RENEWAL
 FEE OF THREE  THOUSAND  DOLLARS  TO  MAINTAIN  A  PROFESSIONAL  RESELLER
 LICENSE; AND
   (III)  FOR  A  PROFESSIONAL  RESELLER THAT RESELLS TWO HUNDRED OR MORE
 TICKETS PER YEAR, AN ANNUAL RENEWAL FEE  OF  FOUR  THOUSAND  DOLLARS  TO
 MAINTAIN A PROFESSIONAL RESELLER LICENSE.
   (C) "TICKETS" SHALL MEAN, FOR PURPOSES OF PARAGRAPH (B) OF THIS SUBDI-
 VISION:  (I)  EACH RESOLD TICKET NOT ORIGINALLY PURCHASED BY THE PROFES-
 SIONAL RESELLER AS PART OF A SEASON OR SUBSCRIPTION TICKET  PACKAGE;  OR
 (II)  A  SET  OF RESOLD TICKETS ORIGINALLY PURCHASED BY THE PROFESSIONAL
 RESELLER AS PART OF A SEASON OR SUBSCRIPTION TICKET PACKAGE.
   § 3. Section 25.19 of the arts and cultural affairs law, as amended by
 chapter 110 of the laws of 2018, is amended to read as follows:
   § 25.19. Posting of license or certificate. 1.  FOR  THE  PURPOSES  OF
 THIS  SECTION, "ONLINE RESALE MARKETPLACE" MEANS ANY OPERATOR OR MANAGER
 OF A WEBSITE OR OTHER ELECTRONIC SERVICE THAT RESELLS TICKETS OR  SERVES
 AS  A  PLATFORM  TO FACILITATE RESALE, OR RESALE BY WAY OF A COMPETITIVE
 BIDDING PROCESS.
   2. 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 readi-
 ly  see  the  same,  and if such licensee does business on the internet,
 including via a retail ticket purchasing platform, to provide a  license
 S. 6716--A                          5
 
 number  displayed  in a conspicuous manner or 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
 website, application, phone system, or other technology platform used to
 sell tickets.
   3. (A) AN ONLINE RESALE MARKETPLACE SHALL REQUIRE PROFESSIONAL RESELL-
 ERS  TO PROVIDE THEIR NEW YORK STATE TICKET RESELLER LICENSE NUMBER AS A
 CONDITION OF UTILIZING AN ONLINE RESALE MARKETPLACE TO RESELL TICKETS.
   (B) AN ONLINE  RESALE  MARKETPLACE  SHALL  DISCLOSE  IN  A  CLEAR  AND
 CONSPICUOUS MANNER A NOTICE ON THE ADVERTISEMENT OR OFFER OF A TICKET OR
 TICKETS  THAT SUCH TICKET OR TICKETS BEING PURCHASED ARE BEING RESOLD BY
 A LICENSED NEW YORK STATE PROFESSIONAL RESELLER.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law; provided, however, that the amendments to sections
 25.03, 25.13 and 25.19 of the arts and  cultural  affairs  law  made  by
 sections  one,  two and three of this act shall not affect the repeal of
 such article and shall be deemed repealed therewith.
 
                                  PART C
 
   Section 1. 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
 and a new subdivision 5 is added 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 TICKETS OR FACILITATES THE SALE OF TICKETS,  resells  tickets
 or facilitates the resale or resale auction of tickets between independ-
 ent  parties by any means, must guarantee 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),  UNLESS  THE
 PURCHASER  ELECTS  TO  RETAIN  SUCH  TICKETS  OR A CREDIT EQUAL TO OR IN
 EXCESS OF THE FULL AMOUNT PAID BY THE PURCHASER IN LIEU OF A FULL REFUND
 WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE  OF  AN  OPPORTUNITY  FOR  A
 REFUND,  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 ticket  is  coun-
 terfeit  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;  (D)  THE  EVENT  FOR
 WHICH SUCH TICKET HAS BEEN SOLD OR RESOLD IS POSTPONED MORE THAN ONCE IN
 S. 6716--A                          6
 
 A  CALENDAR  YEAR;  (E) THE EVENT FOR WHICH SUCH TICKET HAS BEEN SOLD OR
 RESOLD HAS BEEN RESCHEDULED TO A SUBSEQUENT DATE MORE THAN ONE YEAR FROM
 THE INITIAL EVENT DATE; OR (F) THE EVENT FOR WHICH SUCH TICKET HAS  BEEN
 SOLD  OR  RESOLD  HAS BEEN POSTPONED AND HAS NOT BEEN RESCHEDULED WITHIN
 THREE MONTHS AFTER THE INITIAL EVENT DATE.  UPON THE OCCURRENCE  OF  ANY
 OF  THE  AFOREMENTIONED  EVENTS, THE SELLER OR RESELLER SHALL NOTIFY THE
 PURCHASER OF SUCH TICKETS AND SHALL PROVIDE A THIRTY-DAY  WINDOW  DURING
 WHICH  THE  PURCHASER MAY ELECT TO RETAIN SUCH TICKETS, RECEIVE A CREDIT
 EQUAL TO OR IN EXCESS OF THE  FULL  AMOUNT  PAID  BY  THE  PURCHASER  OR
 RECEIVE  A  FULL  REFUND.   IF, AT THE END OF THE THIRTY-DAY WINDOW, THE
 PURCHASER OF SUCH TICKETS DOES NOT  CHOOSE  ONE  OF  THE  AFOREMENTIONED
 OPTIONS, THEY SHALL RECEIVE AN IMMEDIATE FULL REFUND FOR THE AMOUNT PAID
 BY  THE  PURCHASER  INCLUDING BUT NOT LIMITED TO ALL FEES, REGARDLESS OF
 HOW CHARACTERIZED.  THE SECRETARY OF STATE SHALL  PROMULGATE  RULES  AND
 REGULATIONS  REGARDING  NOTIFICATION  PROCEDURES  AND  SHALL DETERMINE A
 SUFFICIENT REFUND TIME PERIOD, WHICH SHALL BE NO LESS THAN  THIRTY  DAYS
 FOLLOWING THE OCCURRENCE OF A TRIGGERING EVENT.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, ANY PERSON, FIRM OR
 CORPORATION, REGARDLESS OF WHETHER OR NOT LICENSED UNDER THIS ARTICLE OR
 DESIGNATED AS A PROFESSIONAL RESELLER OR AN ONLINE  RESALE  MARKETPLACE,
 THAT  RESELLS  TICKETS  OR  FACILITATES  THE RESALE OR RESALE AUCTION OF
 TICKETS BETWEEN INDEPENDENT PARTIES BY ANY MEANS, SHALL GUARANTEE  WITH-
 OUT  RESTRICTION  TO  EACH  PURCHASER  OF  SUCH  RESOLD TICKETS THAT THE
 PERSON, FIRM OR CORPORATION WILL HONOR, COMMUNICATE AND  FACILITATE,  IF
 SO   REQUESTED   BY  SUCH  PURCHASER,  ALL  OPPORTUNITIES  FOR  REFUNDS,
 EXCHANGES, CREDITS OR OTHER REMEDIES DUE TO EVENT CANCELLATION OR  POST-
 PONEMENT  THAT  ARE  PUBLICLY  OFFERED  BY  A  PRIMARY TICKET SELLER, AS
 DEFINED IN SUBDIVISION TWELVE OF  SECTION  25.03  OF  THIS  ARTICLE,  TO
 ORIGINAL PURCHASERS OF SUCH TICKETS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided, however, that  the  amendments  to  section
 25.07  of  the arts and cultural affairs law made by section one of this
 act shall not affect the expiration of such section and shall be  deemed
 expired therewith.
 
                                  PART D
 
   Section  1.  Subdivision  2  of section 25.23 of the arts and cultural
 affairs law, as added by chapter 110 of the laws of 2018, is amended  to
 read as follows:
   2.  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,  that  the  price of such ticket offered for sale may exceed the
 established price and shall also state the refund policy of the platform
 in connection with the cancellation or postponement of  an  event.    AN
 ONLINE RESALE MARKETPLACE SHALL REQUIRE THE ESTABLISHED PRICE CHARGED BY
 THE  OPERATOR OF A PLACE OF ENTERTAINMENT THAT IS PRINTED OR ENDORSED ON
 THE FACE OF EACH TICKET IN ACCORDANCE WITH SECTION 25.07 OF THIS ARTICLE
 TO BE CLEARLY AND CONSPICUOUSLY POSTED AS PART OF EACH ADVERTISEMENT  OR
 OFFER  FOR  THE  RESALE  OF  TICKETS. An online resale marketplace shall
 require that the user confirm having read such [notice]  NOTICES  before
 completing 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 resells tickets  or  serves  as  a  platform  to
 facilitate resale, or resale by way of a competitive bidding process.
 S. 6716--A                          7
 
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided however that the amendments to section 25.23
 of the arts and cultural affairs law made by section  one  of  this  act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith.
 
                                  PART E
 
   Section  1.  Section  25.10  of  the arts and cultural affairs law, as
 added by chapter 110 of the laws of 2018, is amended to read as follows:
   § 25.10. Ticket resale requirements. 1. It shall  be  unlawful  for  a
 licensee  or other ticket reseller to ADVERTISE FOR THE SALE OF TICKETS,
 contract for the sale of tickets, contract to obtain tickets for  anoth-
 er, or accept consideration for payment in full or for a deposit for the
 sale of tickets unless [such licensee or other ticket reseller meets one
 or more of the following requirements] AND UNTIL:
   (a)  such  licensee or other ticket reseller has the offered ticket in
 its possession OR HAS A WRITTEN CONTRACT TO OBTAIN THE OFFERED TICKET AT
 A CERTAIN PRICE FROM A PERSON OR ENTITY IN POSSESSION OF THE  TICKET  OR
 FROM A PERSON OR ENTITY WHO HAS A CONTRACTUAL RIGHT TO OBTAIN SUCH TICK-
 ET; AND
   (b)  [such licensee or other ticket reseller has a written contract to
 obtain the offered ticket at a certain price from a person in possession
 of the ticket or from a person who has a  contractual  right  to  obtain
 such ticket; or
   (c)  such licensee or other ticket reseller informs the purchaser in a
 clear and conspicuous manner and in plain language at the time of offer-
 ing such ticket for sale and in a written notice prior to the completion
 of the transaction that such licensee or other ticket reseller does  not
 have  possession  of  the  ticket, has no contract to obtain the offered
 ticket at a certain price from a person in possession of the  ticket  or
 from a person who has a contractual right to obtain such ticket, may not
 be able to supply the ticket at the contracted price or range of prices,
 and requires such purchaser to expressly confirm prior to completing the
 transaction that the purchaser has read such notice.
   2.  Nothing  in this section shall prohibit a licensee or other ticket
 reseller from accepting a deposit from a  prospective  purchaser  for  a
 resale  pursuant  to  paragraph  (c) of subdivision one of this section,
 provided that  such  licensee  or  other  ticket  reseller  informs  the
 purchaser  in  writing prior to receipt of consideration of the terms of
 the deposit agreement, and includes in the written  notice  the  disclo-
 sures  otherwise  required  by  this  section.  If  a licensee or ticket
 reseller has entered into a contract with or received consideration from
 a prospective purchaser for the sale of a ticket or tickets  and  cannot
 supply  such  ticket  or tickets at the contracted price or price range,
 such licensee or ticket reseller shall refund any monies  paid  by  such
 prospective  purchaser  within ten business days of receipt of a request
 for a refund from such purchaser.
   3.] TICKETS TO THE EVENT HAVE BEEN PLACED ON  SALE  BY  THE  VENUE  OR
 ENTITY  HOSTING  THE  EVENT OR ITS AUTHORIZED AGENT. FOR THE PURPOSES OF
 THIS SECTION, "PLACED ON SALE" SHALL MEAN THE DATE AND TIME WHEN TICKETS
 ARE MADE AVAILABLE FOR SALE TO THE GENERAL PUBLIC, EXCLUDING  ANY  PRIOR
 SALES  TO FAN CLUBS, BUSINESSES, AND PERSONS FOR PROMOTIONAL ACTIVITIES.
 THIS PARAGRAPH SHALL NOT APPLY TO SEASON OR SUBSCRIPTION TICKET HOLDERS.
   2. Nothing in this section shall  be  construed  to  nullify,  expand,
 restrict,  or otherwise amend or modify now existing laws or regulations
 S. 6716--A                          8
 
 outside of this article, and nothing in this section shall be  construed
 as  making  lawful any fraudulent, deceptive, or illegal act or practice
 that is unlawful pursuant to now existing laws or regulations.
   [4.]  3.  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.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  the  amendments  to  section
 25.10  of  the arts and cultural affairs law made by section one of this
 act shall not affect the repeal of such  section  and  shall  be  deemed
 repealed therewith.
 
                                  PART F
 
   Section  1.  Subdivision  4  of section 25.07 of the arts and cultural
 affairs law, as added by chapter 110 of the laws of 2018, is amended  to
 read as follows:
   4. Every operator or operator's agent of a place of entertainment, any
 licensee or other ticket reseller, or platform that facilitates the SALE
 OR resale of tickets shall, IN ALL ADVERTISEMENTS AND TICKET SALES LIST-
 INGS,  DISPLAY  THE TOTAL COST OF THE TICKET, INCLUSIVE OF ALL ANCILLARY
 FEES THAT MUST BE PAID IN ORDER TO PURCHASE A TICKET AND 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 TO THE PURCHASER. SUCH DISCLOSURES
 SHALL  OCCUR  AT  THE  BEGINNING  OF  A  TRANSACTION  BEFORE A TICKET IS
 SELECTED FOR PURCHASE. THE PRICE OF THE TICKET SHALL NOT  CHANGE  DURING
 THE  PURCHASE  PROCESS,  EXCLUDING  REASONABLE  FEES FOR THE DELIVERY OF
 NON-ELECTRONIC TICKETS BASED ON THE  DELIVERY  METHOD  SELECTED  BY  THE
 PURCHASER THAT SHALL BE DISCLOSED prior to accepting payment therefor.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law provided, however, that the amendments to  subdivision
 4  of section 25.07 of the arts and cultural affairs law made by section
 one of this act shall not affect the repeal of such section and shall be
 deemed to repeal therewith.
 
                                  PART G
 
   Section 1. Section 25.03 of the  arts  and  cultural  affairs  law  is
 amended by adding two new subdivisions 12 and 13 to read as follows:
   12.  "PRIMARY  TICKET SELLER" MEANS AN OWNER OR OPERATOR OF A VENUE OR
 SPORTS TEAM, A MANAGER OR PROVIDER OF AN EVENT, OR A PROVIDER OF TICKET-
 ING SERVICES OR AN AGENT OF SUCH OWNER, OPERATOR, MANAGER,  OR  PROVIDER
 THAT  ENGAGES IN THE PRIMARY SALE OF TICKETS FOR AN EVENT OR RETAINS THE
 AUTHORITY TO OTHERWISE DISTRIBUTE TICKETS.
   13. "PLACED ON SALE" MEANS THE DATE AND TIME  WHEN  TICKETS  ARE  MADE
 AVAILABLE  FOR  SALE TO THE GENERAL PUBLIC, EXCLUDING ANY PRIOR SALES TO
 FAN CLUBS, BUSINESSES, AND PERSONS FOR PROMOTIONAL ACTIVITIES.
   § 2. Section 25.29 of the arts and cultural affairs law, as amended by
 chapter 61 of the laws of 2007 and subdivision 1 as amended  by  chapter
 151 of the laws of 2010, is amended to read as follows:
   § 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
 S. 6716--A                          9
 
 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] ANY PERSON, FIRM OR
 CORPORATION,  REGARDLESS  OF WHETHER OR NOT LICENSED UNDER THIS ARTICLE,
 THAT SELLS TICKETS OR FACILITATES THE SALE OF TICKETS,  RESELLS  TICKETS
 OR FACILITATES THE RESALE OR RESALE AUCTION OF TICKETS BETWEEN INDEPEND-
 ENT PARTIES BY ANY MEANS for special services[, including but not limit-
 ed  to,]  ACTUALLY  RENDERED  OR  OTHERWISE  IN  CONNECTION  TO CUSTOMER
 SUPPORT, TECHNOLOGICAL AND SOFTWARE INFRASTRUCTURE,  AND  ACTUAL  OPERA-
 TIONAL  COSTS  FOR sales away from the box office[, credit card sales or
 delivery]; (B) IT SHALL BE AN UNLAWFUL ACT FOR A PRIMARY  TICKET  SELLER
 THAT  ALSO  ENGAGES  IN  THE RESALE OR FACILITATES THE RESALE OF TICKETS
 FROM CHARGING ANY FEE WHATSOEVER TO RESELL TICKETS ORIGINALLY  PURCHASED
 FROM  SUCH  SELLER;  and  [(b)]  (C)  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.
   2. A REASONABLE AND ACTUAL COST FOR THE PHYSICAL DELIVERY  OF  TICKETS
 MAY BE CHARGED BY THE SELLER OR RESELLER BASED ON THE METHOD OF DELIVERY
 SELECTED  BY  THE PURCHASER; PROVIDED, HOWEVER, NO DELIVERY FEE SHALL BE
 SEPARATELY CHARGED FOR ELECTRONIC TICKETS OR TICKETS THAT MAY BE PRINTED
 AT HOME.
   3. ANY PERSON, FIRM OR  CORPORATION,  REGARDLESS  OF  WHETHER  OR  NOT
 LICENSED  UNDER THIS ARTICLE, THAT SELLS TICKETS OR FACILITATES THE SALE
 OF TICKETS IS PROHIBITED FROM REQUIRING A MINIMUM PRICE FOR  THE  RESALE
 OF ANY TICKETS PURCHASED FROM A PRIMARY TICKET SELLER.
   4.  UNDER  NO  CIRCUMSTANCES  SHALL  ANY  PERSON, FIRM OR CORPORATION,
 REGARDLESS OF WHETHER OR NOT LICENSED UNDER  THIS  ARTICLE,  THAT  SELLS
 TICKETS  OR FACILITATES THE SALE OF TICKETS INCREASE DISPLAYED PRICES OF
 TICKETS WHILE A PURCHASER: (I) IS  WAITING  IN  A  PHYSICAL  OR  VIRTUAL
 QUEUE,  ROOM  OR  SIMILAR  LOCATION OR SEQUENCE ESTABLISHED TO AWAIT THE
 PURCHASE OF TICKETS; (II) HAS THE ABILITY TO SELECT AND  REVIEW  TICKETS
 FROM  A  PHYSICAL  OR  VIRTUAL LIST OR MAP BUT HAS NOT YET COMPLETED THE
 PURCHASE; OR (III) IS COMPLETING THE PHYSICAL OR VIRTUAL CHECKOUT  PROC-
 ESS TO PURCHASE TICKETS. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
 SION,  ANY PERSON, FIRM OR CORPORATION THAT SELLS TICKETS OR FACILITATES
 THE SALE OF TICKETS MAY PLACE REASONABLE AND UNIFORM RESTRICTIONS ON THE
 LENGTH OF TIME ALLOWED FOR A PURCHASER OF TICKETS TO REVIEW AND COMPLETE
 EACH TRANSACTION.
   5. 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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that the  amendments  to  sections
 25.03  and  25.29  of the arts and cultural affairs law made by sections
 one and two of this act shall not affect the repeal of such sections and
 shall be deemed repealed therewith.
 
                                  PART H
 
   Section 1. The arts and cultural affairs law is amended  by  adding  a
 new section 25.06 to read as follows:
   §  25.06.  RESALE  OF  TICKETS ISSUED AT NO CHARGE. NOTWITHSTANDING AN
 INDIVIDUAL'S ABILITY TO TRANSFER A TICKET TO ANOTHER PARTY, IT SHALL  BE
 UNLAWFUL  FOR  ANY  PERSON,  FIRM  OR  CORPORATION TO RESELL OR OFFER TO
 S. 6716--A                         10
 
 RESELL ANY TICKET OR OTHER EVIDENCE OF RIGHT OF ENTRY TO  ANY  PLACE  OF
 ENTERTAINMENT  IF  SUCH TICKET WAS INITIALLY OFFERED TO THE PUBLIC AT NO
 CHARGE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that the amendments to article  25
 of  the  arts  and  cultural affairs law made by section one of this act
 shall not affect the repeal of such article and shall be deemed repealed
 therewith.
 
                                  PART I

   Section 1. The arts and cultural affairs law is amended  by  adding  a
 new section 25.04 to read as follows:
   §  25.04.  TICKETS  WITHHELD  FROM  SALE TO GENERAL PUBLIC. 1. PRIMARY
 TICKET SELLERS SHALL DISCLOSE AND DISPLAY ON THE  WEBSITE,  AT  THE  BOX
 OFFICE AND ANY OTHER METHOD OF TICKET DISTRIBUTION OF SUCH PRIMARY TICK-
 ET  SELLER,  THE TOTAL NUMBER OF TICKETS OFFERED FOR SALE TO THE GENERAL
 PUBLIC BY SUCH PRIMARY TICKET SELLER NOT LESS THAN SEVEN DAYS BEFORE THE
 DATE ON WHICH TICKETS SHALL BE AVAILABLE FOR  PRIMARY  SALE.  THE  TOTAL
 NUMBER SHALL BE PERIODICALLY UPDATED BY THE PRIMARY TICKET SELLER IF AND
 WHEN ADDITIONAL TICKETS ARE SUBSEQUENTLY RELEASED FOR SALE TO THE GENER-
 AL PUBLIC.  THIS SUBDIVISION SHALL NOT APPLY TO: (I) VENUES WITH A SEAT-
 ING  CAPACITY  OF  LESS  THAN  SIX THOUSAND FIVE HUNDRED GUESTS; OR (II)
 PLACES OF ENTERTAINMENT SUCH AS FAIR GROUNDS, AMUSEMENT PARKS,  MUSEUMS,
 OBSERVATORIES,  SKI  RESORTS,  ICE  SKATING RINKS AND OTHER RECREATIONAL
 FACILITIES OR EVENTS WHEREIN RIDES,  EXHIBITS  AND  DISPLAYS,  GAMES  OR
 ACTIVITIES  OF  SKILL OR CHANCE OR THE SALE OF FOOD, BEVERAGES, TOYS AND
 SOUVENIRS CONSTITUTE THE MAIN USES.
   2. IT SHALL BE AN UNLAWFUL PRACTICE FOR A PRIMARY TICKET SELLER OR ANY
 PERSON OR ENTITY WHO HAS ACCESS TO TICKETS TO  AN  EVENT  PRIOR  TO  THE
 TICKETS' RELEASE FOR SALE TO THE GENERAL PUBLIC TO WITHHOLD SUCH TICKETS
 FROM  SALE  TO  THE GENERAL PUBLIC IN AN AMOUNT EXCEEDING TEN PERCENT OF
 ALL AVAILABLE SEATING FOR THE EVENT. TICKETS DISTRIBUTED  TO  BONA  FIDE
 CHARITABLE  GROUPS  OR INITIALLY RESERVED DUE TO EVENT PRODUCTION HOLDS,
 INCLUDING BUT NOT LIMITED TO PENDING SEATING, LIGHTING, OR STAGE CONFIG-
 URATIONS, THAT ARE SUBSEQUENTLY RELEASED TO THE GENERAL PUBLIC SHALL NOT
 BE INCLUDED WITHIN THIS AMOUNT.   THIS SUBDIVISION SHALL  NOT  APPLY  TO
 PLACES  OF ENTERTAINMENT SUCH AS FAIR GROUNDS, AMUSEMENT PARKS, MUSEUMS,
 OBSERVATORIES, SKI RESORTS, ICE SKATING  RINKS  AND  OTHER  RECREATIONAL
 FACILITIES  OR  EVENTS  WHEREIN  RIDES,  EXHIBITS AND DISPLAYS, GAMES OR
 ACTIVITIES OF SKILL OR CHANCE OR THE SALE OF FOOD, BEVERAGES,  TOYS  AND
 SOUVENIRS CONSTITUTE THE MAIN USES.
   3.  IT SHALL BE AN UNLAWFUL PRACTICE FOR AN INDIVIDUAL EMPLOYEE OF ANY
 VENUE, PRIMARY TICKET SELLER, TEAM, ARTIST, ONLINE  RESALE  MARKETPLACE,
 BOX  OFFICE  OR ANY OTHER ENTITY THAT IS INVOLVED IN HOSTING, PROMOTING,
 PERFORMING OR TICKET SELLING TO RESELL TICKETS THAT HAVE  BEEN  WITHHELD
 FROM  THE GENERAL PUBLIC FOR A HIGHER PRICE THAN THE PRIMARY SALE OF THE
 TICKET OR RESELL TICKETS TO ANY THIRD PARTY THAT  MAY  HAVE  INTENTIONS,
 ACTUALLY  OR CONSTRUCTIVELY KNOWN BY SUCH EMPLOYEE, TO RESELL THE TICKET
 FOR A HIGHER PRICE THAN THE TOTAL COST  OF  THE  TICKET,  INCLUDING  ALL
 ANCILLARY CHARGES.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that the amendments to article  25
 of  the  arts  and  cultural affairs law made by section one of this act
 shall not affect the repeal of such article and shall be deemed repealed
 therewith.
 S. 6716--A                         11
 
                                  PART J
 
   Section  1.  Section  25.12  of  the arts and cultural affairs law, as
 added by chapter 110 of the laws of 2018, is amended to read as follows:
   § 25.12. Professional sports organization membership pass.    Notwith-
 standing section 25.30 of this article, an operator of a place of enter-
 tainment  or  such operator's agent may offer paperless tickets which do
 not allow for independent transferability provided that such tickets are
 included in a membership pass at a discounted price offered by a profes-
 sional sports organization for seating in  venues  or  stadiums  with  a
 fixed  capacity  of  over  [thirty] THIRTEEN thousand FIVE HUNDRED seats
 that guarantees entry to a specified number of  events  in  a  specified
 time period with seat assignments assigned no more than four hours prior
 to  the commencement of the event and such seat assignment must be vari-
 able from game to game and not intended for season ticket holders. Tick-
 ets provided under such membership pass may  be  restricted  from  being
 transferred  or  resold,  including  through  the operator or operators'
 agents, and must be clearly marked as such prior to initial offering  or
 sale. Such membership pass shall not mean a subscription or season tick-
 et  package  offered  for  sale and shall not result in the sale of more
 than five percent of the maximum amount of all seats that will  be  made
 available  at  a  venue  for  a  particular  event to be sold under this
 section.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law;  provided, however, that the amendments to section
 25.12 of the arts and cultural affairs law made by section one  of  this
 act  shall  not  affect  the  repeal of such section and shall be deemed
 repealed therewith.
 
                                  PART K
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 5-338 to read as follows:
   §  5-338.  AGREEMENTS BETWEEN OPERATORS OF PLACES OF ENTERTAINMENT AND
 PRIMARY TICKET VENDORS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ENTERTAINMENT" MEANS ALL FORMS OF  ENTERTAINMENT  INCLUDING,  BUT
 NOT  LIMITED  TO,  THEATRICAL OR OPERATIC PERFORMANCES, CONCERTS, MOTION
 PICTURES, ALL FORMS OF ENTERTAINMENT AT FAIRGROUNDS, AMUSEMENT PARKS AND
 ALL TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOTBALL, BASKETBALL, BASE-
 BALL, BOXING, TENNIS, HOCKEY, AND ANY OTHER SPORT, AND ALL  OTHER  FORMS
 OF DIVERSION, RECREATION OR SHOW.
   (B)  "OPERATOR"  MEANS  ANY  PERSON  WHO OWNS, OPERATES, OR CONTROLS A
 PLACE OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT.
   (C) "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.
   (D) "PRIMARY TICKET SELLER" MEANS AN OWNER OR OPERATOR OF A  VENUE  OR
 SPORTS TEAM, A MANAGER OR PROVIDER OF AN EVENT, OR A PROVIDER OF TICKET-
 ING  SERVICES  OR AN AGENT OF SUCH OWNER, OPERATOR, MANAGER, OR PROVIDER
 THAT ENGAGES IN THE PRIMARY SALE OF TICKETS FOR AN EVENT OR RETAINS  THE
 AUTHORITY TO OTHERWISE DISTRIBUTE TICKETS.
   (E)  "TICKET" MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY PLACE OF
 ENTERTAINMENT.
 S. 6716--A                         12
 
   2. A CONTRACT BETWEEN AN OPERATOR OF PLACES  OF  ENTERTAINMENT  AND  A
 PRIMARY TICKET VENDOR SHALL NOT PROVIDE FOR THE PRIMARY TICKET VENDOR TO
 BE  THE  EXCLUSIVE  AND  SOLE  PRIMARY TICKET VENDOR FOR THE OPERATOR OF
 PLACES OF ENTERTAINMENT.
   3.  IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION
 MADE UNLAWFUL UNDER THIS SECTION OR TO OTHERWISE PENALIZE AN OPERATOR OF
 A PLACE OF ENTERTAINMENT FOR ENTERING INTO  AN  AGREEMENT  WITH  ANOTHER
 PRIMARY TICKET SELLER.
   4.  ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO PUBLIC
 POLICY AND THUS IS VOID AND UNENFORCEABLE.
   5. THIS SECTION SHALL NOT REQUIRE AN OPERATOR OF  A  PLACE  OF  ENTER-
 TAINMENT  TO  ENTER  INTO  AN  AGREEMENT WITH A PRIMARY TICKET SELLER OR
 REQUIRE THAT AN OPERATOR OF A PLACE OF ENTERTAINMENT HAVE  AN  AGREEMENT
 WITH MULTIPLE PRIMARY TICKET SELLERS.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law,  and  shall  apply  to
 contracts entered into on or after such date.
 
                                  PART L
 
   Section  1. 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 relat-
 ing to the regulation of boxing and wrestling matches relating to  tick-
 ets to places of entertainment, as amended by chapter 148 of the laws of
 2021, 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, [2022] 2025 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
 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.
   § 2. 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 148 of the laws of 2021, 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, [2022] 2025 when
 upon such date such provisions shall expire and be deemed repealed.
   § 3. This act shall take effect immediately.
 S. 6716--A                         13
 
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through L of this act shall  be
 as specifically set forth in the last section of such Parts.