Taylor, Lee, Jensen, Levenberg, Steck, Glick, Simon
MLTSPNSR
Add §397-c, Gen Bus L
Enacts the "fair concession pricing act" to require certain entertainment and sports venues constructed or operating under public financial benefit to implement fan-friendly concession pricing policies.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8921
SPONSOR: Rozic TITLE OF BILL:
An act to amend the general business law, in relation to requiring
certain entertainment and sports venues constructed or operating under
public financial benefit to implement fan-friendly concession pricing
policies
PURPOSE:
To ensure that entertainment and sport venues receiving public financial
benefits adopt fair and transparent food and beverage pricing policies
that reflect local market rates and promote affordability for the gener-
al public.
SUMMARY OF SPECIFIC PROVISIONS:
Section one titles the bill as the "Fair Concession Pricing Act."
Section two states the legislative findings, declaring that excessive
pricing at subsidized venues limits public access and undermines the
intended benefit of taxpayer support.
Section three adds a new section 397-c to the General Business Law and
provides definitions for entertainment facility and public financial
benefit. It requires qualifying venues to adopt a fan-friendly conces-
sion pricing policy, which limits food and non-alcoholic beverage prices
to no more than 20 percent above the average retail price of similar
items sold at non-venue businesses within a 10-mile radius. Addi-
tionally, it authorizes the Secretary of State to conduct audits and
enforce compliance, the Attorney General to seek injunctive relief in
court, and allows the courts to impose civil penalties of up to $10,000
per event for violations. This section also declares the potential
suspension of tax benefits or repayment of public funds for repeated
violations and requires facilities to submit annual compliance reports
to the Department of State, including average concession prices, compa-
rable local pricing data, and documentation of compliance.
Section four sets forth the effective date.
JUSTIFICATION:
From ballparks to concert venues, New Yorkers are paying more than ever
to enjoy live events and the highest prices are often found at the
concession stands. Basic items like bottled water and snacks are
routinely sold at rates far above those at nearby retail locations.
This growing affordability gap strains families and undermines the very
purpose of public financial support for these venues.
Many of these facilities are built or operated with substantial taxpayer
funding or benefit from tax exemptions and in return they should serve
the public not exploit them. The practice of price gouging at concession
stands especially in venues receiving public subsidies contradicts this
responsibility. Recent reports show that Americans overwhelmingly
support fair pricing in these settings and that implementing pricing
reforms can actually boost total sales while enhancing the customer
experience.
This bill ensures that prices for food and non-alcoholic beverages at
qualifying venues do not exceed twenty percent above the average price
of comparable items sold within a ten mile radius. It establishes clear
enforcement measures including fines and the possible suspension of tax
benefits for repeated violations and requires annual compliance report-
ing to promote transparency and accountability.
By linking fair pricing standards to public financial support this bill
reaffirms the principle that when public dollars help build a facility
the benefits should flow back to the community starting with a more
affordable experience for every fan, family, and visitor.
PRIOR LEGISLATIVE HISTORY:
This is a new bill in the Assembly.
FISCAL IMPACT ON THE STATE:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Agencies may begin rulemaking prior to that
date.
STATE OF NEW YORK
________________________________________________________________________
8921
2025-2026 Regular Sessions
IN ASSEMBLY
July 16, 2025
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring
certain entertainment and sports venues constructed or operating under
public financial benefit to implement fan-friendly concession pricing
policies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "fair concession pricing act".
3 § 2. Legislative findings and intent. The legislature finds and
4 declares that entertainment venues and sports stadiums receiving public
5 subsidies, including but not limited to taxpayer-funded construction or
6 tax exemptions, have a civic responsibility to ensure affordability and
7 accessibility for the general public. Excessive food and beverage pric-
8 ing at these venues limits access and undermines the public benefit
9 intended through such subsidies. This act seeks to establish reasonable
10 pricing policies aligned with market-based "street pricing" standards to
11 protect consumers and promote fairness.
12 § 3. The general business law is amended by adding a new section 397-c
13 to read as follows:
14 § 397-c. Fan-friendly concession pricing. 1. For the purposes of this
15 section, the following terms shall have the following meanings:
16 (a) "entertainment facility" shall mean any publicly or privately
17 owned arena, stadium, amphitheater, or similar venue within the state
18 that:
19 (i) has a seating capacity of two thousand five hundred persons or
20 more; and
21 (ii) is primarily used for entertainment or professional sporting
22 events;
23 (b) "public financial benefit" shall include, but not be limited to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13390-01-5
A. 8921 2
1 (i) the receipt of any taxpayer funds for construction, renovation, or
2 operation; or
3 (ii) full or partial exemption from state, local, or municipal proper-
4 ty taxes, sales taxes, or other levies; and
5 (c) "fan-friendly concession pricing" or "street pricing model" shall
6 mean the pricing of food and non-alcoholic beverages at rates no more
7 than twenty percent above the average retail price of such items at
8 similar non-venue commercial establishments within a ten-mile radius.
9 2. (a) Any entertainment facility that receives or has received a
10 public financial benefit shall be required to adopt a fan-friendly
11 concession pricing policy.
12 (b) Such pricing policy shall apply to all food and non-alcoholic
13 beverages sold within the facility during public events.
14 (c) Entertainment facilities shall submit an annual compliance report
15 to the department of state, detailing:
16 (i) average concession prices;
17 (ii) comparable local market prices; and
18 (iii) evidence of compliance with the street pricing model.
19 (d) The secretary of state shall be authorized to conduct random
20 audits and enforce the provisions of this section.
21 3. (a) Whenever there shall be a violation of this section, an appli-
22 cation may be made by the attorney general in the name of the people of
23 the state of New York, to a court or justice having jurisdiction by a
24 special proceeding to issue an injunction, and upon notice to the
25 defendant of not less than five days, to enjoin and restrain the contin-
26 uance of such violation; and if it shall appear to the satisfaction of
27 the court or justice that the defendant has, in fact, violated this
28 section, an injunction may be issued by the court or justice, enjoining
29 and restraining any further violations, without requiring proof that any
30 person has, in fact, been injured or damaged thereby. Whenever a court
31 shall determine that a violation of this section has occurred, the court
32 may impose a civil penalty of not more than ten thousand dollars for
33 each event during which a violation occurs.
34 (b) Repeated violations may result in the suspension of applicable tax
35 exemptions or a requirement to repay a portion of previously granted
36 public funds.
37 § 4. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law. Effective immediately, the addition, amend-
39 ment and/or repeal of any rule or regulation necessary for the implemen-
40 tation of this act on its effective date are authorized to be made and
41 completed on or before such effective date.
