STATE OF NEW YORK
________________________________________________________________________
2595
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development
AN ACT to amend the arts and cultural affairs law, in relation to
requiring ticket distributors to refund the purchase price of tickets
within forty-five days after a cancelled or rescheduled event
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 23.08 of the arts and cultural
2 affairs law, as added by chapter 517 of the laws of 1988, is amended to
3 read as follows:
4 1. Any ticket distributor who offers or sells to the public in or from
5 the state of New York, advance tickets of admission to events to be held
6 in places of entertainment, or who contracts for the sale of such
7 advance tickets of admission, and accepts in advance partial or full
8 payment of the purchase price therefor, shall, no later than the next
9 business day after receipt thereof, deposit all such advance payments in
10 an escrow account in a bank, trust company, savings bank, or state or
11 federal savings and loan association, located in this state. A separate
12 escrow account shall be established for each place of entertainment.
13 Monies deposited in escrow shall be released upon performance of each
14 event for which such monies have been deposited to the extent that such
15 monies represent payment for advance tickets sold for the performed
16 event. The person who offers or sells advance tickets shall not be
17 required to keep in separate depository accounts the funds of the sepa-
18 rate ticket purchasers from whom payments have been received, provided
19 his books of account shall clearly show the number of tickets sold at
20 each price for each theatrical production, concert or sporting event for
21 which a separate escrow account has been established, and the total
22 amount of advance ticket revenues. Each advance ticket purchaser shall,
23 until the performance of the event for which the advance ticket has been
24 purchased, retain a property interest in that portion of the deposit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05260-01-3
A. 2595 2
1 which equals the amount he has paid for such advance ticket, and shall
2 be entitled to a refund for such amount if the performance of the event
3 for which such ticket has been purchased in advance has been cancelled
4 or rescheduled, except as provided for by subdivision three of this
5 section. Upon the rescheduling or cancellation of a performance, or a
6 request for a refund by a ticket purchaser, the ticket distributor shall
7 refund the full purchase price of a ticket to each ticket purchaser
8 requesting a refund within forty-five days after the originally sched-
9 uled date of the performance or the event.
10 § 2. This act shall take effect immediately.
