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S08221 Summary:

BILL NOS08221
 
SAME ASSAME AS A08659
 
SPONSORSKOUFIS
 
COSPNSRBASKIN, BRISPORT, BROUK, FAHY, FERNANDEZ, GONZALEZ, GOUNARDES, HINCHEY, KRUEGER, LIU, MAY, MYRIE, PARKER, RIVERA, RYAN C, RYAN S, SANDERS, SEPULVEDA
 
MLTSPNSR
 
Amd 25.03, 25.13, 25.19, 25.07, 25.10, 25.29 & 25.30, add 25.04, Arts & Cul L; amd 4, Chap 704 of 1991; amd 11, Chap 151 of 2010
 
Enacts into law components of legislation that relate to live event ticket sales; establishes an annual professional reseller renewal fee; requires professional ticket resellers to provide their New York state ticket reseller license number as a condition of utilizing an online resale marketplace to resell tickets (Part A); provides criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); relates to resale requirements for tickets; requires that if a licensee or other ticket reseller doesn't have possession of the ticket, then they shall have a written contract to obtain the offered ticket at a certain price from a person or entity in possession of the ticket or from a person or entity who has a contractual right to obtain such ticket, and tickets to the event have been placed on sale by the venue or entity hosting the event or its authorized agent before the licensee or reseller can advertise the sale of the tickets (Part C); relates to unlawful charges in connection with tickets; permits reasonable charges for costs actually rendered or otherwise in connection to customer support, technological and software infrastructure, and actual operational costs for sales away from the box office; defines terms (Part D); relates to the availability of tickets for sale to the general public; defines a term (Part E); relates to the resale of tickets included in a subscription or season ticket package (Part F); extends the effectiveness of certain provisions relating to tickets to places of entertainment (Part G).
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S08221 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8221
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 23, 2025
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the arts and cultural affairs law, in relation to estab-
          lishing an annual professional  reseller  renewal  fee  and  requiring
          professional  ticket  resellers to provide their New York state ticket
          reseller license number (Part A);  to  amend  the  arts  and  cultural
          affairs  law,  in  relation to providing criteria for when a purchaser
          may obtain a full refund of the amount paid for a ticket (Part B);  to
          amend  the  arts  and  cultural  affairs  law,  in  relation to resale
          requirements for tickets (Part C); to  amend  the  arts  and  cultural
          affairs  law, in relation to unlawful charges in connection with tick-
          ets (Part D); to amend the arts and cultural affairs law, in  relation
          to  the  availability  of tickets for sale to the general public (Part
          E); and to amend the arts and cultural affairs law, in relation to the
          resale of tickets included in a subscription or season ticket  package
          (Part  F);  and  to amend chapter 704 of the laws of 1991 amending the
          arts and cultural affairs law and chapter 912  of  the  laws  of  1920
          relating  to  regulation  of  boxing and wrestling matches relating to
          tickets to places of entertainment, and chapter 151  of  the  laws  of
          2010  amending the arts and cultural affairs law relating to resale of
          tickets to places of  entertainment,  in  relation  to  extending  the
          effectiveness thereof (Part G)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law  components  of  legislation  that
     2  relate  to  live  event ticket sales. Each component is wholly contained
     3  within a Part identified as Parts A through G. The  effective  date  for
     4  each particular provision contained within such Part is set forth in the
     5  last section of such Part. Any provision in any section contained within
     6  a  Part, including the effective date of the Part, which makes reference
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13236-01-5

        S. 8221                             2
 
     1  to a section "of this act", when used in connection with that particular
     2  component, shall be deemed  to  mean  and  refer  to  the  corresponding
     3  section of the Part in which it is found, unless noted otherwise.
 
     4                                   PART A
 
     5    Section  1.  Section  25.03  of  the  arts and cultural affairs law is
     6  amended by adding a new subdivision 11 to read as follows:
     7    11. "Professional reseller" means a reseller, also referred  to  as  a
     8  ticket broker, and includes any person, firm, corporation or other enti-
     9  ty  that  is involved in the business of the resale of tickets. Individ-
    10  uals who do not regularly engage in the business of  reselling  tickets,
    11  who resell fewer than thirty tickets per year and who obtain the tickets
    12  for such individual's personal use or the use of friends and family, are
    13  not deemed professional resellers for the purposes of this article.
    14    §  2.  Subdivision 1 of section 25.13 of the arts and cultural affairs
    15  law, as amended by chapter 374 of the laws of 2007, is amended  to  read
    16  as follows:
    17    1.  (a)  No  [person, firm or corporation] professional reseller shall
    18  resell or engage in the business of reselling any tickets to a place  of
    19  entertainment  or  operate  an  internet website or any other electronic
    20  service that provides a mechanism for two or more parties to participate
    21  in a resale transaction or that facilitates resale transactions  by  the
    22  means  of  an  auction,  or  own, conduct or maintain any office, branch
    23  office, bureau, agency or sub-agency for such  business  without  having
    24  first procured a license or certificate for each location at which busi-
    25  ness  will  be  conducted  from  the secretary of state. Any operator or
    26  manager of a website that serves as a platform to facilitate resale,  or
    27  resale  by  way  of  a competitive bidding process, solely between third
    28  parties and does not in any other manner engage in resales of tickets to
    29  places of entertainment shall be exempt from the licensing  requirements
    30  of this section. The department of state shall issue and deliver to such
    31  applicant  a certificate or license to conduct such business and to own,
    32  conduct or maintain a  bureau,  agency,  sub-agency,  office  or  branch
    33  office  for  the conduct of such business on the premises stated in such
    34  application upon the payment by or on behalf of the applicant of  a  fee
    35  of  five  thousand  dollars  and shall be renewed upon the payment of [a
    36  like fee annually.] an annual renewal fee pursuant to paragraph  (b)  of
    37  this  subdivision.  Such license or certificate shall not be transferred
    38  or assigned, except by  permission  of  the  secretary  of  state.  Such
    39  license  or certificate shall run to the first day of January next ensu-
    40  ing the date thereof, unless sooner revoked by the secretary  of  state.
    41  Such  license or certificate shall be granted upon a written application
    42  setting forth such information as the secretary of state may require  in
    43  order to enable [him or her] them to carry into effect the provisions of
    44  this  article  and  shall  be  accompanied  by proof satisfactory to the
    45  secretary of state of the moral character of the  applicant.  No  online
    46  resale  marketplace shall allow a ticket to be posted for resale without
    47  first verifying  the  professional  reseller's  New  York  state  ticket
    48  reseller  license number if such seller meets the criteria for a profes-
    49  sional reseller as defined in this section.
    50    (b) The annual professional reseller renewal fee shall be:
    51    (i) for a professional reseller that resells more than thirty  tickets
    52  but less than one hundred tickets per year, an annual renewal fee of one
    53  thousand dollars to maintain a professional reseller license;

        S. 8221                             3
 
     1    (ii)  for  a  professional  reseller  that resells one hundred or more
     2  tickets but less than two hundred tickets per year,  an  annual  renewal
     3  fee of two thousand dollars to maintain a professional reseller license;
     4  and
     5    (iii)  for  a  professional  reseller that resells two hundred or more
     6  tickets per year, an annual renewal fee of  three  thousand  dollars  to
     7  maintain a professional reseller license.
     8    (c) "Tickets" shall mean, for purposes of paragraph (b) of this subdi-
     9  vision:  (i)  each resold ticket not originally purchased by the profes-
    10  sional reseller as part of a season or subscription ticket  package;  or
    11  (ii)  a  set  of resold tickets originally purchased by the professional
    12  reseller as part of a season or subscription ticket package.
    13    § 3. Section 25.19 of the arts and cultural affairs law, as amended by
    14  chapter 110 of the laws of 2018, is amended to read as follows:
    15    § 25.19. Posting of license or certificate. 1.  For  the  purposes  of
    16  this  section, "online resale marketplace" means any operator or manager
    17  of a website or other electronic service that resells tickets or  serves
    18  as  a  platform  to facilitate resale, or resale by way of a competitive
    19  bidding process.
    20    2. Immediately upon the receipt of the license or  certificate  issued
    21  pursuant  to  this article by the secretary of state, the licensee named
    22  therein shall cause such license to be posted and at all times displayed
    23  in a conspicuous place in the principal  office  of  such  business  for
    24  which  it  is  issued,  and  shall cause the certificate for each branch
    25  office, bureau, agency or sub-agency to  be  posted  and  at  all  times
    26  displayed  in  a conspicuous place in such branch office, bureau, agency
    27  or sub-agency for which it is issued, so that all persons visiting  such
    28  principal office, branch office, bureau, agency or sub-agency may readi-
    29  ly  see  the  same,  and if such licensee does business on the internet,
    30  including via a retail ticket purchasing platform, to provide a  license
    31  number  displayed  in a conspicuous manner or a hyperlink displayed in a
    32  conspicuous manner to a scanned copy of such license.  Such  license  or
    33  certificate  shall  at  all reasonable times be subject to inspection by
    34  the secretary of state or [his or her] their authorized  inspectors.  It
    35  shall be unlawful for any person, firm, partnership or corporation hold-
    36  ing  such  license or certificate to post such license or certificate or
    37  to permit such certificate to be posted upon premises other  than  those
    38  described  therein  or  to which it has been transferred pursuant to the
    39  provisions of this article or unlawfully to alter, deface or destroy any
    40  such license or certificate.   For purposes of this  section,  the  term
    41  "retail  ticket purchasing platform" shall mean a retail ticket purchas-
    42  ing website, application, phone system,  or  other  technology  platform
    43  used to sell tickets.
    44    3. (a) An online resale marketplace shall require professional resell-
    45  ers  to provide their New York state ticket reseller license number as a
    46  condition of utilizing an online resale marketplace to resell tickets.
    47    (b) An online  resale  marketplace  shall  disclose  in  a  clear  and
    48  conspicuous manner a notice on the advertisement or offer of a ticket or
    49  tickets  that such ticket or tickets being purchased are being resold by
    50  a licensed New York state professional reseller.
    51    (c) Every online  resale  marketplace  shall  disclose  the  licensing
    52  number  of  the professional reseller in a clear and conspicuous manner.
    53  Such disclosure of the licensing number shall be displayed in the  tick-
    54  eting  listing  prior to the ticket being selected for purchase. Disclo-
    55  sure of the licensing number shall not be false or  misleading  and  may
    56  not  be  presented more prominently or in the same or larger size as the

        S. 8221                             4
 
     1  total price. Nothing in this subdivision shall be construed to  nullify,
     2  expand,  restrict,  or  otherwise  amend  or modify now existing laws or
     3  regulations outside of this article, and  nothing  in  this  subdivision
     4  shall  be construed as making lawful any fraudulent, deceptive, or ille-
     5  gal act or practice that is unlawful pursuant to now  existing  laws  or
     6  regulations.
     7    §  4.  This  act  shall take effect on the sixtieth day after it shall
     8  have become a law; provided, however, that the  amendments  to  sections
     9  25.03,  25.13  and  25.19  of  the arts and cultural affairs law made by
    10  sections one, two and three of this act shall not affect the  repeal  of
    11  such sections and shall be deemed repealed therewith.
 
    12                                   PART B
 
    13    Section  1.  Subdivision  2  of section 25.07 of the arts and cultural
    14  affairs law, as amended by chapter 61 of the laws of  2007,  is  amended
    15  and a new subdivision 5 is added to read as follows:
    16    2.  Notwithstanding  any  other  provision of law, any person, firm or
    17  corporation, regardless of whether or not licensed under  this  article,
    18  that  sells  tickets or facilitates the sale of tickets, resells tickets
    19  or facilitates the resale or resale auction of tickets between independ-
    20  ent parties by any means, must guarantee to each purchaser of such  sold
    21  or  resold  tickets  that the person, firm or corporation will provide a
    22  full refund of the amount paid by  the  purchaser  (including,  but  not
    23  limited  to,  all  fees,  regardless  of  how characterized), unless the
    24  purchaser elects to retain such tickets  or  unless  the  purchaser  and
    25  ticket  seller or reseller agree to exchange such ticket for a ticket of
    26  comparable value for the same event at a different date  in  lieu  of  a
    27  full  refund  within thirty days of receiving such notice of an opportu-
    28  nity for a refund, if any of the following occurs:  (a)  the  event  for
    29  which such ticket has been sold or resold is cancelled, provided that if
    30  the  event  is cancelled then actual handling and delivery fees need not
    31  be refunded as long as such  previously  disclosed  guarantee  specifies
    32  that  such  fees  will  not  be refunded; (b) the ticket received by the
    33  purchaser does not grant the purchaser admission to the event  described
    34  on  the  ticket,  for reasons that may include, without limitation, that
    35  the ticket is counterfeit or that the ticket has been cancelled  by  the
    36  issuer due to non-payment, or that the event described on the ticket was
    37  cancelled for any reason prior to purchase of the sold or resold ticket,
    38  unless  the  ticket  is  cancelled  due  to  an  act or omission by such
    39  purchaser; [or] (c) the ticket fails to conform to  its  description  as
    40  advertised  unless the buyer has pre-approved a substitution of tickets;
    41  (d) the event for which such ticket has been sold or resold is postponed
    42  more than once in a calendar year; (e) the event for which  such  ticket
    43  has  been  sold or resold has been rescheduled to a subsequent date more
    44  than one year from the initial event date; or (f) the  event  for  which
    45  such  ticket has been sold or resold has been postponed and has not been
    46  rescheduled within three months after the initial event date.  Upon  the
    47  occurrence  of  any of the aforementioned events, the seller or reseller
    48  shall notify the purchaser of such tickets and shall provide  a  thirty-
    49  day  window during which the purchaser may elect to retain such tickets,
    50  receive a credit equal to or in excess of the full amount  paid  by  the
    51  purchaser  or  receive  a full refund.  If, at the end of the thirty-day
    52  window, the purchaser of such tickets does not choose one of the  afore-
    53  mentioned  options,  they shall receive an immediate full refund for the
    54  amount paid by the purchaser including but  not  limited  to  all  fees,

        S. 8221                             5
 
     1  regardless  of  how characterized.  The secretary of state shall promul-
     2  gate rules and regulations regarding notification procedures  and  shall
     3  determine  a  sufficient refund time period, which shall be no less than
     4  thirty days following the occurrence of a triggering event.
     5    5.  Notwithstanding  any  other  provision of law, any person, firm or
     6  corporation, regardless of whether or not licensed under this article or
     7  designated as a professional reseller or an online  resale  marketplace,
     8  that  resells  tickets  or  facilitates  the resale or resale auction of
     9  tickets between independent parties by any means, shall guarantee  with-
    10  out  restriction  to  each  purchaser  of  such  resold tickets that the
    11  person, firm or corporation will honor, communicate and  facilitate,  if
    12  so   requested   by  such  purchaser,  all  opportunities  for  refunds,
    13  exchanges, credits or other remedies due to event cancellation or  post-
    14  ponement  that  are  publicly  offered  by  a  primary ticket seller, as
    15  defined in subdivision twelve of  section  25.03  of  this  article,  to
    16  original purchasers of such tickets.
    17    §  2.  This  act  shall take effect on the sixtieth day after it shall
    18  have become a law, provided, however, that  the  amendments  to  section
    19  25.07  of  the arts and cultural affairs law made by section one of this
    20  act shall not affect the repeal of such  section  and  shall  be  deemed
    21  repealed therewith.
 
    22                                   PART C
 
    23    Section  1.  Section  25.10  of  the arts and cultural affairs law, as
    24  added by chapter 110 of the laws of 2018, is amended to read as follows:
    25    § 25.10. Ticket resale requirements. 1. It shall  be  unlawful  for  a
    26  licensee  or other ticket reseller to advertise for the sale of tickets,
    27  contract for the sale of tickets, contract to obtain tickets for  anoth-
    28  er, or accept consideration for payment in full or for a deposit for the
    29  sale of tickets unless [such licensee or other ticket reseller meets one
    30  or more of the following requirements] and until:
    31    (a)  such  licensee or other ticket reseller has the offered ticket in
    32  its possession or has a written contract to obtain the offered ticket at
    33  a certain price from a person or entity in possession of the  ticket  or
    34  from a person or entity who has a contractual right to obtain such tick-
    35  et; and
    36    (b)  [such licensee or other ticket reseller has a written contract to
    37  obtain the offered ticket at a certain price from a person in possession
    38  of the ticket or from a person who has a  contractual  right  to  obtain
    39  such ticket; or
    40    (c)  such licensee or other ticket reseller informs the purchaser in a
    41  clear and conspicuous manner and in plain language at the time of offer-
    42  ing such ticket for sale and in a written notice prior to the completion
    43  of the transaction that such licensee or other ticket reseller does  not
    44  have  possession  of  the  ticket, has no contract to obtain the offered
    45  ticket at a certain price from a person in possession of the  ticket  or
    46  from a person who has a contractual right to obtain such ticket, may not
    47  be able to supply the ticket at the contracted price or range of prices,
    48  and requires such purchaser to expressly confirm prior to completing the
    49  transaction that the purchaser has read such notice.
    50    2.  Nothing  in this section shall prohibit a licensee or other ticket
    51  reseller from accepting a deposit from a  prospective  purchaser  for  a
    52  resale  pursuant  to  paragraph  (c) of subdivision one of this section,
    53  provided that  such  licensee  or  other  ticket  reseller  informs  the
    54  purchaser  in  writing prior to receipt of consideration of the terms of

        S. 8221                             6

     1  the deposit agreement, and includes in the written  notice  the  disclo-
     2  sures  otherwise  required  by  this  section.  If  a licensee or ticket
     3  reseller has entered into a contract with or received consideration from
     4  a  prospective  purchaser for the sale of a ticket or tickets and cannot
     5  supply such ticket or tickets at the contracted price  or  price  range,
     6  such  licensee  or  ticket reseller shall refund any monies paid by such
     7  prospective purchaser within ten business days of receipt of  a  request
     8  for a refund from such purchaser.
     9    3.]  tickets  to  the  event  have been placed on sale by the venue or
    10  entity hosting the event or its authorized agent. For  the  purposes  of
    11  this section, "placed on sale" shall mean the date and time when tickets
    12  are  made  available for sale to the general public, excluding any prior
    13  sales to fan clubs, businesses, and persons for promotional  activities.
    14  This paragraph shall not apply to season or subscription ticket holders.
    15    2.  Nothing  in  this  section  shall be construed to nullify, expand,
    16  restrict, or otherwise amend or modify now existing laws or  regulations
    17  outside  of this article, and nothing in this section shall be construed
    18  as making lawful any fraudulent, deceptive, or illegal act  or  practice
    19  that is unlawful pursuant to now existing laws or regulations.
    20    [4.]  3.  The  attorney general shall have jurisdiction to enforce the
    21  provisions of this section in accordance with the powers granted to [him
    22  or her] them by section sixty-three of the executive law.
    23    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    24  have  become  a  law;  provided, however, that the amendments to section
    25  25.10 of the arts and cultural affairs law made by section one  of  this
    26  act  shall  not  affect  the  repeal of such section and shall be deemed
    27  repealed therewith.

    28                                   PART D
 
    29    Section 1. Section 25.03 of the  arts  and  cultural  affairs  law  is
    30  amended by adding two new subdivisions 12 and 13 to read as follows:
    31    12.  "Primary  ticket seller" means an owner or operator of a venue or
    32  sports team, a manager or provider of an event, or a provider of ticket-
    33  ing services or an agent of such owner, operator, manager,  or  provider
    34  that  engages in the primary sale of tickets for an event or retains the
    35  authority to otherwise distribute tickets.
    36    13. "Placed on sale" means the date and time  when  tickets  are  made
    37  available  for  sale to the general public, excluding any prior sales to
    38  fan clubs, businesses, and persons for promotional activities.
    39    § 2. Section 25.29 of the arts and cultural affairs law, as amended by
    40  section 1 of part E of chapter 358 of the laws of 2022,  is  amended  to
    41  read as follows:
    42    § 25.29. Unlawful  charges  in connection with tickets. 1. No operator
    43  of any place of entertainment, or [his or her]  their  agent,  represen-
    44  tative,  employee or licensee shall, if a price be charged for admission
    45  thereto, exact, demand, accept or receive, directly or  indirectly,  any
    46  premium  or  price  in excess of the established price plus lawful taxes
    47  whether designated as price, gratuity or otherwise;  provided,  however:
    48  (a)  nothing in this article shall be construed to prohibit a reasonable
    49  service charge of twenty-five or less percent of the price of  a  ticket
    50  prior  to  the addition of any charges by [the operator or agents of the
    51  operator] any person, firm or corporation, regardless of whether or  not
    52  licensed  under this article, that sells tickets or facilitates the sale
    53  of tickets, resells tickets or facilitates the resale or resale  auction
    54  of  tickets  between  independent  parties  by  any  means  for  special

        S. 8221                             7
 
     1  services[, including but not limited to,] actually rendered or otherwise
     2  in connection to customer support, technological  and  software  infras-
     3  tructure,  and  actual  operational  costs  for  sales away from the box
     4  office[, credit card sales or delivery]; [and] (b) nothing in this arti-
     5  cle  shall be construed to prohibit an operator or its agent from offer-
     6  ing for initial sale tickets by means of an auction; and (c) nothing  in
     7  this  section shall apply to tickets sold or resold for events at venues
     8  with a seating capacity of less than six thousand five hundred guests.
     9    2. A reasonable and actual cost for the physical delivery  of  tickets
    10  may be charged by the seller or reseller based on the method of delivery
    11  selected by the purchaser; provided, however, that no delivery fee shall
    12  be  charged by a seller or reseller for tickets delivered electronically
    13  or tickets that may be printed independently by the purchaser.
    14    3. If so elected by the artist or their authorized agent:
    15    (a) the total price at which a ticket reseller may sell  or  offer  to
    16  sell  a  ticket  to  a  live  music concert or music performance may not
    17  exceed the total price of the initial ticket, inclusive of all fees  and
    18  taxes,  including those set forth in subdivision one of this section, in
    19  connection with the purchase of the initial ticket;
    20    (b) if an initial ticket was purchased for a  series  of  events,  the
    21  total  resale  price  of  a ticket for a single event may not exceed the
    22  total price of a single comparable ticket, including all fees and taxes;
    23  and
    24    (c) nothing in this subdivision shall be construed to apply to tickets
    25  acquired through a seat license that entitles a seat holder to  purchase
    26  tickets  for a designated seat in a venue for multiple events, including
    27  music and non-music related events, over a period of time not  exceeding
    28  one year.
    29    4.  In  any  prosecution under this section the attorney general shall
    30  have concurrent jurisdiction with any district attorney and in any  such
    31  prosecution  [he  or she or his or her] they or their deputy shall exer-
    32  cise all the powers and perform all the duties which the district attor-
    33  ney would otherwise be authorized to exercise or perform therein.
    34    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    35  have  become  a  law; provided, however, that the amendments to sections
    36  25.03 and 25.29 of the arts and cultural affairs law  made  by  sections
    37  one and two of this act shall not affect the repeal of such sections and
    38  shall be deemed repealed therewith.
 
    39                                   PART E
 
    40    Section  1.  The  arts and cultural affairs law is amended by adding a
    41  new section 25.04 to read as follows:
    42    § 25.04. Tickets withheld from sale to general public. Primary  ticket
    43  sellers shall disclose and display on the website, at the box office and
    44  any  other  method of ticket distribution of such primary ticket seller,
    45  the total number of tickets offered for sale to the  general  public  by
    46  such  primary  ticket seller not less than seven days before the date on
    47  which tickets shall be available for  primary  sale.  The  total  number
    48  shall  be  periodically updated by the primary ticket seller if and when
    49  additional tickets are subsequently released for  sale  to  the  general
    50  public or when there is a five percent increase in the amount of tickets
    51  released  for  sale  to  the  general public. This subdivision shall not
    52  apply to: (i) venues with a seating capacity of less than  six  thousand
    53  five  hundred  guests;  or  (ii)  places  of  entertainment such as fair
    54  grounds, amusement parks, museums, observatories, ski resorts, ice skat-

        S. 8221                             8
 
     1  ing rinks and other recreational facilities  or  events  wherein  rides,
     2  exhibits  and  displays,  games  or activities of skill or chance or the
     3  sale of food, beverages, toys and souvenirs constitute the main uses.
     4    §  2.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law; provided, however, that the amendments to article  25
     6  of  the  arts  and  cultural affairs law made by section one of this act
     7  shall not affect the repeal of such article and shall be deemed repealed
     8  therewith.
 
     9                                   PART F
 
    10    Section 1. Paragraph (a) of subdivision 1 of section 25.30 of the arts
    11  and cultural affairs law, as amended by chapter 151 of the laws of 2010,
    12  is amended to read as follows:
    13    (a) restrict by any means the resale of  any  tickets  included  in  a
    14  subscription or season ticket package to or via a licensee under section
    15  25.13  of  this  article  or  via a website that serves as a platform to
    16  facilitate resale as defined under section 25.13 of this  article  as  a
    17  condition  of  purchase,  as  a condition to retain such tickets for the
    18  duration of the subscription or season ticket package agreement, or as a
    19  condition to retain any [contractually agreed upon] rights  to  purchase
    20  future  subscription  or  season  ticket  packages  that  are  otherwise
    21  conferred in the subscription or season ticket agreement or extended  to
    22  subscribers  not engaged in the resale market as a general policy of the
    23  team, promoter, or venue. Further, it shall  be  unlawful  to  charge  a
    24  different  rate to any such subscriber solely because the subscriber has
    25  resold or may resell tickets. Should renewal of membership, season tick-
    26  ets, or associated rights be offered to any existing  member  or  season
    27  ticket holder, no such renewal shall be denied to any party on the basis
    28  that tickets were resold. Nor shall any differential in renewal price be
    29  imposed  solely  because  the  season  ticket  holder  or  member resold
    30  tickets;
    31    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    32  have  become  a law, provided, however, that the amendments to paragraph
    33  (a) of subdivision 1 of section 25.30 of the arts and  cultural  affairs
    34  law  made by section one of this act shall not affect the repeal of such
    35  section and shall be deemed repealed therewith.
 
    36                                   PART G
 
    37    Section 1. Section 4 of chapter 704 of the laws of 1991  amending  the
    38  arts and cultural affairs law and chapter 912 of the laws of 1920 relat-
    39  ing  to the regulation of boxing and wrestling matches relating to tick-
    40  ets to places of entertainment, as amended by section 1  of  part  F  of
    41  chapter 358 of the laws of 2022, is amended to read as follows:
    42    §  4.  This  act  shall take effect on the sixtieth day after it shall
    43  have become a law, provided, chapter 61 of the laws of  2007  shall  not
    44  take  effect  with  respect  to the issuance of licenses or certificates
    45  under this article by the secretary of  state  or  department  of  state
    46  until  January  1, 2008 and regulation under this article by the commis-
    47  sioners of licenses of the political subdivisions  of  the  state  shall
    48  continue  through  December 31, 2007, and shall remain in full force and
    49  effect only until and including June 30, [2025] 2028 when such act shall
    50  be repealed and when, notwithstanding any other provision  of  law,  the
    51  provisions  of  article  25  of title G of the arts and cultural affairs
    52  law, repealed by such act, shall be reinstituted; provided further  that

        S. 8221                             9
 
     1  section  25.11 of the arts and cultural affairs law, as added by section
     2  one of this act, shall survive such repeal date. Provided, however,  the
     3  printing  on  tickets  required  pursuant to sections 25.07 and 25.08 of
     4  article  25  of the arts and cultural affairs law, as added by this act,
     5  shall not apply to tickets printed prior to enactment of such article so
     6  long as notice of the higher maximum premium price  and  prohibition  of
     7  sales  within one thousand five hundred feet from the physical structure
     8  of  the  place  of  entertainment,  where  applicable,  is   prominently
     9  displayed at the point of sale and at such place of entertainment.
    10    § 2.  Section 11 of chapter 151 of the laws of 2010, amending the arts
    11  and  cultural  affairs  law  relating  to resale of tickets to places of
    12  entertainment, as amended by section 2 of part F of chapter 358  of  the
    13  laws of 2022, is amended to read as follows:
    14    §  11.  Notwithstanding  the  provisions  of  article 5 of the general
    15  construction law, if this act shall take effect after May 15, 2010,  the
    16  provisions  of  article  25 of the arts and cultural affairs law, except
    17  section 25.11 are hereby revived and shall continue in  full  force  and
    18  effect as they existed on May 15, 2010 through June 30, [2025] 2028 when
    19  upon such date such provisions shall expire and be deemed repealed.
    20    § 3. This act shall take effect immediately.
    21    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    22  sion,  section  or  part  of  this act shall be adjudged by any court of
    23  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    24  impair,  or  invalidate  the remainder thereof, but shall be confined in
    25  its operation to the clause, sentence, paragraph,  subdivision,  section
    26  or part thereof directly involved in the controversy in which such judg-
    27  ment shall have been rendered. It is hereby declared to be the intent of
    28  the  legislature  that  this  act  would  have been enacted even if such
    29  invalid provisions had not been included herein.
    30    § 3. This act shall take effect immediately; provided,  however,  that
    31  the  applicable effective date of Parts A through G of this act shall be
    32  as specifically set forth in the last section of such Parts.
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