STATE OF NEW YORK
________________________________________________________________________
2615
2015-2016 Regular Sessions
IN SENATE
January 26, 2015
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08230-01-5
S. 2615 2
1 fees do not need to be included in the entire price, but must be
2 disclosed prior to completion of a sale.
3 § 2. Section 25.29 of the arts and cultural affairs law, as amended by
4 chapter 61 of the laws of 2007, subdivision 1 as amended by chapter 151
5 of the laws of 2010, is amended to read as follows:
6 § 25.29. Unlawful charges in connection with tickets. 1. No operator
7 of any place of entertainment, or his or her agent, representative,
8 employee or licensee shall, if a price be charged for admission thereto,
9 exact, demand, accept or receive, directly or indirectly, any premium or
10 price in excess of the established price plus lawful taxes whether
11 designated as price, gratuity or otherwise; provided, however: (a) noth-
12 ing in this article shall be construed to prohibit a reasonable service
13 charge by the operator or agents of the operator for special services,
14 including but not limited to, sales away from the box office, credit
15 card sales or delivery; and (b) nothing in this article shall be
16 construed to prohibit an operator or its agent from offering for initial
17 sale tickets by means of an auction.
18 2. Notwithstanding the provisions of subdivision one of this section,
19 the price of admission disclosed at the initiation of a sale (including
20 face-to-face transactions) shall include the entire price to be paid
21 inclusive of all service charges and fees, although such charges and
22 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.
26 3. In any prosecution under this section the attorney general shall
27 have concurrent jurisdiction with any district attorney and in any such
28 prosecution he or she or his or her deputy shall exercise all the powers
29 and perform all the duties which the district attorney would otherwise
30 be authorized to exercise or perform therein.
31 § 3. This act shall take effect immediately; provided, however, that:
32 a. the amendments to section 25.23 of the arts and cultural affairs
33 law made by section one of this act shall not affect the repeal of such
34 section and shall be deemed repealed therewith; and
35 b. the amendments to section 25.29 of the arts and cultural affairs
36 law made by section two of this act shall not affect the repeal of such
37 section and shall be deemed repealed therewith.
