Amd §§25.03, 25.10, 25.13, 25.17 & 25.23, Arts & Cul L
Prohibits ticket sales that exceed the capacity of a place of entertainment; requires original sellers of tickets to be licensed by the secretary of state; exempts ticket sales by governmental or not-for-profit organizations.
STATE OF NEW YORK
________________________________________________________________________
9549
IN SENATE
May 16, 2024
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
AN ACT to amend the arts and cultural affairs law, in relation to
prohibiting ticket sales that exceed the capacity of a place of enter-
tainment, and requiring original sellers of tickets to be licensed by
the secretary of state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 25.03 of the arts and cultural affairs law is
2 amended by adding a new subdivision 11 to read as follows:
3 11. "Sale" means any sale of a ticket for entrance to a place of
4 entertainment located within the boundaries of the state of New York by
5 an operator or such operator's agent who is expressly authorized to make
6 first sales of such tickets. The term "sale" shall include sales by any
7 means, including in person, or by means of telephone, mail, delivery
8 service, facsimile, internet, email or other electronic means, where the
9 venue for which the ticket grants admission is located in New York
10 state. The term "sale" shall not apply to any governmental or not-for-
11 profit organization, or person acting on behalf of such governmental or
12 not-for-profit organization, as long as any profit realized from ticket
13 selling is wholly dedicated to the purposes of such governmental or
14 not-for-profit organization.
15 § 2. The section heading of section 25.10 of the arts and cultural
16 affairs law, as added by chapter 110 of the laws of 2018, is amended and
17 a new subdivision 5 is added to read as follows:
18 Ticket sale and resale requirements.
19 5. No operator or other ticket seller or reseller shall sell tickets
20 to any place of entertainment in an amount that would exceed the capaci-
21 ty of such place of entertainment.
22 § 3. The section heading and subdivision 1 of section 25.13 of the
23 arts and cultural affairs law, the section heading as amended by chapter
24 61 and subdivision 1 as amended by chapter 374 of the laws of 2007, are
25 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15093-01-4
S. 9549 2
1 Licensing of ticket sellers and resellers. 1. No person, firm or
2 corporation shall sell or resell, or engage in the business of selling
3 or reselling any tickets to a place of entertainment or operate an
4 internet website or any other electronic service that provides a mech-
5 anism for two or more parties to participate in a sale or resale trans-
6 action or that facilitates sale or resale transactions by the means of
7 an auction, or own, conduct or maintain any office, branch office,
8 bureau, agency or sub-agency for such business without having first
9 procured a license or certificate for each location at which business
10 will be conducted from the secretary of state. Any operator or manager
11 of a website that serves as a platform to facilitate resale, or resale
12 by way of a competitive bidding process, solely between third parties
13 and does not in any other manner engage in resales of tickets to places
14 of entertainment shall be exempt from the licensing requirements of this
15 section. The department of state shall issue and deliver to such appli-
16 cant a certificate or license to conduct such business and to own,
17 conduct or maintain a bureau, agency, sub-agency, office or branch
18 office for the conduct of such business on the premises stated in such
19 application upon the payment by or on behalf of the applicant of a fee
20 of five thousand dollars and shall be renewed upon the payment of a like
21 fee annually. Such license or certificate shall not be transferred or
22 assigned, except by permission of the secretary of state. Such license
23 or certificate shall run to the first day of January next ensuing the
24 date thereof, unless sooner revoked by the secretary of state. Such
25 license or certificate shall be granted upon a written application
26 setting forth such information as the secretary of state may require in
27 order to enable [him or her] the secretary of state to carry into effect
28 the provisions of this article and shall be accompanied by proof satis-
29 factory to the secretary of state of the moral character of the appli-
30 cant.
31 § 4. Section 25.17 of the arts and cultural affairs law, as amended by
32 chapter 61 of the laws of 2007, is amended to read as follows:
33 § 25.17. Supervision and regulation. The secretary of state shall have
34 power, upon complaint of any person or on [his or her] the secretary of
35 state own initiative, to investigate the business, business practices
36 and business methods of any such licensee which relates to this state's
37 or any other state's ticket sale or resale law, or in regards to ticket
38 sale or resale practices generally. Each such licensee shall be obliged,
39 on the reasonable request of the secretary of state, to supply such
40 information as may be required concerning [his or her] such licensee's
41 business, business practices or business methods provided that the
42 information requested is related to the complaint which forms the basis
43 of such investigation. Each operator of any place of entertainment shall
44 also be obliged, on request of the secretary of state, to supply such
45 information as may be required concerning the business, business prac-
46 tices or business methods of any licensee provided that the information
47 requested is related to the complaint which forms the basis of such
48 investigation. The secretary of state shall have the power to promulgate
49 such rules and regulations as may be deemed necessary for the enforce-
50 ment of this article.
51 § 5. Subdivision 1 of section 25.23 of the arts and cultural affairs
52 law, as amended by chapter 110 of the laws of 2018, is amended to read
53 as follows:
54 1. In every principal office or branch office, bureau, agency or sub-
55 agency of any licensee under this article, there shall be conspicuously
56 posted and at all times displayed a price list showing the established
S. 9549 3
1 price charged by the operator of the place of entertainment for which a
2 ticket is being sold by such licensee, together with the price being
3 charged by such licensee for the sale or resale of such ticket, so that
4 all persons visiting such place may readily see the same. The licensee
5 shall also on request furnish each purchaser of a ticket with a receipt
6 showing the same information. Further, if the licensee conducts business
7 through the use of the internet, the same price list, or hyperlink to
8 the same, shall be conspicuously displayed on the internet page on which
9 tickets are accessed. In addition the licensee shall publish in a
10 conspicuous place, or hyperlink to on the internet a statement clearly
11 detailing the required guarantees required by section 25.07 of this
12 article.
13 § 6. This act shall take effect immediately; provided, however, that
14 the amendments to sections 25.03, 25.10, 25.13, 25.17 and 25.23 of the
15 arts and cultural affairs law made by sections one, two, three, four and
16 five of this act shall not affect the repeal of such sections and shall
17 be deemed repealed therewith.
