A06805 Summary:

BILL NOA06805
 
SAME ASSAME AS S02615
 
SPONSORMarkey
 
COSPNSR
 
MLTSPNSR
 
Amd SS25.23 & 25.29, Arts & Cul L
 
Relates to ticket pricing and extends certain provisions of the arts and cultural affairs law.
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A06805 Actions:

BILL NOA06805
 
04/02/2015referred to tourism, parks, arts and sports development
01/06/2016referred to tourism, parks, arts and sports development
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A06805 Committee Votes:

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A06805 Floor Votes:

There are no votes for this bill in this legislative session.
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A06805 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6805
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 2, 2015
                                       ___________
 
        Introduced by M. of A. MARKEY -- 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 ticket
          pricing
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 25.23 of the arts  and  cultural  affairs  law,  as
     2  amended  by  chapter  106  of  the  laws  of 2005, is amended to read as
     3  follows:
     4    § 25.23. Posting of price lists; information  to  purchaser.    1.  In
     5  every principal office or branch office, bureau, agency or sub-agency of
     6  any licensee under this article, there shall be conspicuously posted and
     7  at  all  times  displayed  a  price  list  showing the established price
     8  charged by the operator of the place of entertainment for which a ticket
     9  is being sold by such licensee, together with the price being charged by
    10  such licensee for the resale of such ticket, so that all persons  visit-
    11  ing  such  place  may  readily  see the same. The licensee shall also on
    12  request furnish each purchaser of a ticket with a  receipt  showing  the
    13  same information. Further, if the licensee conducts business through the
    14  use  of  the  internet,  the  same price list, or hyperlink to the same,
    15  shall be conspicuously displayed on the internet page on  which  tickets
    16  are  accessed.  In  addition the licensee shall publish in a conspicuous
    17  place, or hyperlink to on the internet a statement clearly detailing the
    18  required guarantees required by section 25.07 of this article.
    19    2.   The price of admission disclosed at  the  initiation  of  a  sale
    20  (including  face-to-face transactions) shall include the entire price to
    21  be paid inclusive of all service charges and fees, although such charges
    22  and fees included within the entire price may be described separately or
    23  through links that display the components of the entire price.  Delivery
    24  fees  do  not  need  to  be  included  in  the entire price, but must be
    25  disclosed prior to completion of a sale.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08230-01-5

        A. 6805                             2
 
     1    § 2. Section 25.29 of the arts and cultural affairs law, as amended by
     2  chapter 61 of the laws of 2007, subdivision 1 as amended by chapter  151
     3  of the laws of 2010, is amended to read as follows:
     4    § 25.29. Unlawful  charges  in connection with tickets. 1. No operator
     5  of any place of entertainment, or  his  or  her  agent,  representative,
     6  employee or licensee shall, if a price be charged for admission thereto,
     7  exact, demand, accept or receive, directly or indirectly, any premium or
     8  price  in  excess  of  the  established  price plus lawful taxes whether
     9  designated as price, gratuity or otherwise; provided, however: (a) noth-
    10  ing in this article shall be construed to prohibit a reasonable  service
    11  charge  by  the operator or agents of the operator for special services,
    12  including but not limited to, sales away from  the  box  office,  credit
    13  card  sales  or  delivery;  and  (b)  nothing  in  this article shall be
    14  construed to prohibit an operator or its agent from offering for initial
    15  sale tickets by means of an auction.
    16    2.  Notwithstanding the provisions of subdivision one of this section,
    17  the price of admission disclosed at the initiation of a sale  (including
    18  face-to-face  transactions)  shall  include  the entire price to be paid
    19  inclusive of all service charges and fees,  although  such  charges  and
    20  fees  included  within  the  entire price may be described separately or
    21  through links that display the components of the entire price.  Delivery
    22  fees  do  not  need  to  be  included  in  the entire price, but must be
    23  disclosed prior to completion of a sale.
    24    3. In any prosecution under this section the  attorney  general  shall
    25  have  concurrent jurisdiction with any district attorney and in any such
    26  prosecution he or she or his or her deputy shall exercise all the powers
    27  and perform all the duties which the district attorney  would  otherwise
    28  be authorized to exercise or perform therein.
    29    § 3. This act shall take effect immediately; provided, however, that:
    30    a.  the  amendments  to section 25.23 of the arts and cultural affairs
    31  law made by section one of this act shall not affect the repeal of  such
    32  section and shall be deemed repealed therewith; and
    33    b.  the  amendments  to section 25.29 of the arts and cultural affairs
    34  law made by section two of this act shall not affect the repeal of  such
    35  section and shall be deemed repealed therewith.
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