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S08221 Summary:

BILL NOS08221A
 
SAME ASNo Same As
 
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 paperless ticketing systems options (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--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 23, 2025
                                       ___________
 
        Introduced  by  Sens. SKOUFIS, BASKIN, BRISPORT, BROUK, FAHY, FERNANDEZ,
          GONZALEZ,  GOUNARDES,  HINCHEY,  KRUEGER,  LIU,  MAY,  MYRIE,  PARKER,
          RIVERA, C. RYAN, SANDERS, SEPULVEDA -- read twice and ordered printed,
          and  when  printed  to be committed to the Committee on Investigations
          and Government Operations -- recommitted to the Committee on  Investi-
          gations  and  Government  Operations in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        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);  to amend the arts and cultural affairs law, in relation to paper-
          less ticketing systems options (Part F); and to amend chapter  704  of
          the  laws of 1991 amending the arts and cultural affairs law and chap-
          ter 912 of the laws of 1920 relating to regulation of boxing and wres-
          tling 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 shall be known and may be cited as the "Affordable
     2  Concerts Act".
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13236-02-6

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

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

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

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

        S. 8221--A                          6

     1  provided that  such  licensee  or  other  ticket  reseller  informs  the
     2  purchaser  in  writing prior to receipt of consideration of the terms of
     3  the deposit agreement, and includes in the written  notice  the  disclo-
     4  sures  otherwise  required  by  this  section.  If  a licensee or ticket
     5  reseller has entered into a contract with or received consideration from
     6  a prospective purchaser for the sale of a ticket or tickets  and  cannot
     7  supply  such  ticket  or tickets at the contracted price or price range,
     8  such licensee or ticket reseller shall refund any monies  paid  by  such
     9  prospective  purchaser  within ten business days of receipt of a request
    10  for a refund from such purchaser.
    11    3.] tickets to the event have been placed on  sale  by  the  venue  or
    12  entity  hosting  the  event or its authorized agent. For the purposes of
    13  this section, "placed on sale" shall mean the date and time when tickets
    14  are made available for sale to the general public, excluding  any  prior
    15  sales  to fan clubs, businesses, and persons for promotional activities.
    16  This paragraph shall not apply to season or subscription ticket holders.
    17    2. Nothing in this section shall  be  construed  to  nullify,  expand,
    18  restrict,  or otherwise amend or modify now existing laws or regulations
    19  outside of this article, and nothing in this section shall be  construed
    20  as  making  lawful any fraudulent, deceptive, or illegal act or practice
    21  that is unlawful pursuant to now existing laws or regulations.
    22    [4.] 3. The attorney general shall have jurisdiction  to  enforce  the
    23  provisions of this section in accordance with the powers granted to [him
    24  or her] them by section sixty-three of the executive law.
    25    §  2.  This  act  shall take effect on the sixtieth day after it shall
    26  have become a law; provided, however, that  the  amendments  to  section
    27  25.10  of  the arts and cultural affairs law made by section one of this
    28  act shall not affect the repeal of such  section  and  shall  be  deemed
    29  repealed therewith.
 
    30                                   PART D
 
    31    Section  1.  Section  25.03  of  the  arts and cultural affairs law is
    32  amended by adding two new subdivisions 12 and 13 to read as follows:
    33    12. "Primary ticket seller" means an owner or operator of a  venue  or
    34  sports team, a manager or provider of an event, or a provider of ticket-
    35  ing  services  or an agent of such owner, operator, manager, or provider
    36  that engages in the primary sale of tickets for an event or retains  the
    37  authority to otherwise distribute tickets.
    38    13.  "Placed  on  sale"  means the date and time when tickets are made
    39  available for sale to the general public, excluding any prior  sales  to
    40  fan clubs, businesses, and persons for promotional activities.
    41    § 2. Section 25.29 of the arts and cultural affairs law, as amended by
    42  section  1  of  part E of chapter 358 of the laws of 2022, is amended to
    43  read as follows:
    44    § 25.29. Unlawful charges in connection with tickets. 1.  No  operator
    45  of  any  place  of entertainment, or [his or her] their agent, represen-
    46  tative, employee or licensee shall, if a price be charged for  admission
    47  thereto,  exact,  demand, accept or receive, directly or indirectly, any
    48  premium or price in excess of the established price  plus  lawful  taxes
    49  whether  designated  as price, gratuity or otherwise; provided, however:
    50  (a) nothing in this article shall be construed to prohibit a  reasonable
    51  service  charge  of twenty-five or less percent of the price of a ticket
    52  prior to the addition of any charges by [the operator or agents  of  the
    53  operator]  any person, firm or corporation, regardless of whether or not
    54  licensed under this article, that sells tickets or facilitates the  sale

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

        S. 8221--A                          8
 
     1  increase  in  the  amount  of  tickets  released for sale to the general
     2  public. This subdivision shall not apply to: (i) venues with  a  seating
     3  capacity  of  less than six thousand five hundred guests; or (ii) places
     4  of entertainment such as fair grounds, amusement parks, museums, observ-
     5  atories,  ski  resorts, ice skating rinks and other recreational facili-
     6  ties or events wherein rides, exhibits and displays, games or activities
     7  of skill or chance or the sale of food, beverages,  toys  and  souvenirs
     8  constitute the main uses.
     9    §  2.  This  act  shall take effect on the sixtieth day after it shall
    10  have become a law; provided, however, that the amendments to article  25
    11  of  the  arts  and  cultural affairs law made by section one of this act
    12  shall not affect the repeal of such article and shall be deemed repealed
    13  therewith.
 
    14                                   PART F
 
    15    Section 1. Paragraph (c) of subdivision 1 of section 25.30 of the arts
    16  and cultural affairs law, as added by chapter 151 of the laws  of  2010,
    17  is amended to read as follows:
    18    (c)  employ  a paperless ticketing system unless the consumer is given
    19  an option to purchase paperless tickets that the consumer  can  transfer
    20  at  any price, and at any time, and without additional fees, independent
    21  of the operator or operator's agent, except  as  otherwise  provided  in
    22  subdivision  four of section 25.29 of this article.  Notwithstanding the
    23  foregoing, an operator or operator's agent may employ a paperless  tick-
    24  eting  system  that  does  not  allow for independent transferability of
    25  paperless tickets only if the consumer is offered an option at the  time
    26  of  initial sale to purchase the same tickets in some other form that is
    27  transferable independent of the operator or operator's agent  including,
    28  but  not  limited  to, paper tickets or e-tickets. The established price
    29  for any given ticket shall be the same regardless of the form or  trans-
    30  ferability  of  such  ticket. The ability for a ticket to be transferred
    31  independent of the operator or operator's agent shall not  constitute  a
    32  special service for the purpose of imposing a service charge pursuant to
    33  section 25.29 of this article.
    34    §  2.  This  act  shall take effect on the sixtieth day after it shall
    35  have become a law, provided, however, that the amendments  to  paragraph
    36  (c)  of  subdivision 1 of section 25.30 of the arts and cultural affairs
    37  law made by section one of this act shall not affect the repeal of  such
    38  section and shall be deemed repealed therewith.
 
    39                                   PART G
 
    40    Section  1.  Section 4 of chapter 704 of the laws of 1991 amending the
    41  arts and cultural affairs law and chapter 912 of the laws of 1920 relat-
    42  ing to the regulation of boxing and wrestling matches relating to  tick-
    43  ets to places of entertainment, as amended by chapter 155 of the laws of
    44  2025, is amended to read as follows:
    45    §  4.  This  act  shall take effect on the sixtieth day after it shall
    46  have become a law, provided, chapter 61 of the laws of  2007  shall  not
    47  take  effect  with  respect  to the issuance of licenses or certificates
    48  under this article by the secretary of  state  or  department  of  state
    49  until  January  1, 2008 and regulation under this article by the commis-
    50  sioners of licenses of the political subdivisions  of  the  state  shall
    51  continue  through  December 31, 2007, and shall remain in full force and
    52  effect only until and including June 30, [2026] 2029 when such act shall

        S. 8221--A                          9
 
     1  be repealed and when, notwithstanding any other provision  of  law,  the
     2  provisions  of  article  25  of title G of the arts and cultural affairs
     3  law, repealed by such act, shall be reinstituted; provided further  that
     4  section  25.11 of the arts and cultural affairs law, as added by section
     5  one of this act, shall survive such repeal date. Provided, however,  the
     6  printing  on  tickets  required  pursuant to sections 25.07 and 25.08 of
     7  article 25 of the arts and cultural affairs law, as added by  this  act,
     8  shall not apply to tickets printed prior to enactment of such article so
     9  long  as  notice  of the higher maximum premium price and prohibition of
    10  sales within one thousand five hundred feet from the physical  structure
    11  of   the  place  of  entertainment,  where  applicable,  is  prominently
    12  displayed at the point of sale and at such place of entertainment.
    13    § 2.  Section 11 of chapter 151 of the laws of 2010, amending the arts
    14  and cultural affairs law relating to resale  of  tickets  to  places  of
    15  entertainment, as amended by chapter 155 of the laws of 2025, is amended
    16  to read as follows:
    17    §  11.  Notwithstanding  the  provisions  of  article 5 of the general
    18  construction law, if this act shall take effect after May 15, 2010,  the
    19  provisions  of  article  25 of the arts and cultural affairs law, except
    20  section 25.11 are hereby revived and shall continue in  full  force  and
    21  effect as they existed on May 15, 2010 through June 30, [2026] 2029 when
    22  upon such date such provisions shall expire and be deemed repealed.
    23    § 3. This act shall take effect immediately.
    24    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    25  sion,  section  or  part  of  this act shall be adjudged by any court of
    26  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    27  impair,  or  invalidate  the remainder thereof, but shall be confined in
    28  its operation to the clause, sentence, paragraph,  subdivision,  section
    29  or part thereof directly involved in the controversy in which such judg-
    30  ment shall have been rendered. It is hereby declared to be the intent of
    31  the  legislature  that  this  act  would  have been enacted even if such
    32  invalid provisions had not been included herein.
    33    § 4. This act shall take effect immediately; provided,  however,  that
    34  the  applicable effective date of Parts A through G of this act shall be
    35  as specifically set forth in the last section of such Parts.
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