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S08221 Summary:

BILL NOS08221B
 
SAME ASNo Same As
 
SPONSORSKOUFIS
 
COSPNSRBASKIN, BRISPORT, BROUK, FAHY, FERNANDEZ, GONZALEZ, GOUNARDES, HINCHEY, KRUEGER, LIU, MAY, MYRIE, PARKER, RIVERA, RYAN C, SANDERS, SEPULVEDA, ZELLNER
 
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--B
 
                               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, ZELLNER -- read twice and ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations  and  Government Operations -- recommitted to the Committee on
          Investigations and Government Operations  in  accordance  with  Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said  committee  --  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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13236-10-6

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

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

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

        S. 8221--B                          5
 
     1  thirty-day window, the purchaser of such tickets does not choose one  of
     2  the  aforementioned options, they shall receive an immediate full refund
     3  for the amount paid by the purchaser including but not  limited  to  all
     4  fees,  regardless  of  how characterized.   The secretary of state shall
     5  promulgate rules and regulations regarding notification  procedures  and
     6  shall  determine a sufficient refund time period, which shall be no less
     7  than thirty days following the occurrence of a triggering event.
     8    5. Notwithstanding any other provision of law,  any  person,  firm  or
     9  corporation, regardless of whether or not licensed under this article or
    10  designated  as  a professional reseller or an online resale marketplace,
    11  that resells tickets or facilitates the  resale  or  resale  auction  of
    12  tickets  between independent parties by any means, shall guarantee with-
    13  out restriction to each  purchaser  of  such  resold  tickets  that  the
    14  person,  firm  or corporation will honor, communicate and facilitate, if
    15  so  requested  by  such  purchaser,  all  opportunities   for   refunds,
    16  exchanges,  or  other remedies due to event cancellation or postponement
    17  that are publicly offered by a primary  ticket  seller,  as  defined  in
    18  subdivision  twelve  of  section  25.03  of  this  article,  to original
    19  purchasers of such tickets.
    20    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    21  have  become  a  law,  provided, however, that the amendments to section
    22  25.07 of the arts and cultural affairs law made by section one  of  this
    23  act  shall  not  affect  the  repeal of such section and shall be deemed
    24  repealed therewith.
 
    25                                   PART C
 
    26    Section 1. Section 25.10 of the arts  and  cultural  affairs  law,  as
    27  added by chapter 110 of the laws of 2018, is amended to read as follows:
    28    §  25.10.  Ticket  resale  requirements. 1. It shall be unlawful for a
    29  licensee or other ticket reseller to advertise for the sale of  tickets,
    30  contract  for the sale of tickets, contract to obtain tickets for anoth-
    31  er, or accept consideration for payment in full or for a deposit for the
    32  sale of tickets unless [such licensee or other ticket reseller meets one
    33  or more of the following requirements] and until:
    34    (a) such licensee or other ticket reseller has the offered  ticket  in
    35  its actual or constructive possession or has explicit authorization in a
    36  written  contract  with  a  primary  ticket seller to obtain the offered
    37  ticket from the primary ticket seller or a person that the primary tick-
    38  et seller authorized to purchase the offered  ticket  from  the  primary
    39  ticket seller in an initial sale; and
    40    (b)  [such licensee or other ticket reseller has a written contract to
    41  obtain the offered ticket at a certain price from a person in possession
    42  of the ticket or from a person who has a  contractual  right  to  obtain
    43  such ticket; or
    44    (c)  such licensee or other ticket reseller informs the purchaser in a
    45  clear and conspicuous manner and in plain language at the time of offer-
    46  ing such ticket for sale and in a written notice prior to the completion
    47  of the transaction that such licensee or other ticket reseller does  not
    48  have  possession  of  the  ticket, has no contract to obtain the offered
    49  ticket at a certain price from a person in possession of the  ticket  or
    50  from a person who has a contractual right to obtain such ticket, may not
    51  be able to supply the ticket at the contracted price or range of prices,
    52  and requires such purchaser to expressly confirm prior to completing the
    53  transaction that the purchaser has read such notice.

        S. 8221--B                          6

     1    2.  Nothing  in this section shall prohibit a licensee or other ticket
     2  reseller from accepting a deposit from a  prospective  purchaser  for  a
     3  resale  pursuant  to  paragraph  (c) of subdivision one of this section,
     4  provided that  such  licensee  or  other  ticket  reseller  informs  the
     5  purchaser  in  writing prior to receipt of consideration of the terms of
     6  the deposit agreement, and includes in the written  notice  the  disclo-
     7  sures  otherwise  required  by  this  section.  If  a licensee or ticket
     8  reseller has entered into a contract with or received consideration from
     9  a prospective purchaser for the sale of a ticket or tickets  and  cannot
    10  supply  such  ticket  or tickets at the contracted price or price range,
    11  such licensee or ticket reseller shall refund any monies  paid  by  such
    12  prospective  purchaser  within ten business days of receipt of a request
    13  for a refund from such purchaser.
    14    3.] tickets to the event have been placed on  sale  by  the  venue  or
    15  entity  hosting  the  event or its authorized agent. For the purposes of
    16  this section, "placed on sale" shall mean the date and time when tickets
    17  are made available for sale to the general public, excluding  any  prior
    18  sales  to fan clubs, businesses, and persons for promotional activities.
    19  This paragraph shall not apply to season or subscription ticket holders.
    20    2. Nothing in this section shall  be  construed  to  nullify,  expand,
    21  restrict,  or otherwise amend or modify now existing laws or regulations
    22  outside of this article, and nothing in this section shall be  construed
    23  as  making  lawful any fraudulent, deceptive, or illegal act or practice
    24  that is unlawful pursuant to now existing laws or regulations.
    25    [4.] 3. The attorney general shall have jurisdiction  to  enforce  the
    26  provisions of this section in accordance with the powers granted to [him
    27  or her] them by section sixty-three of the executive law.
    28    §  2.  This  act  shall take effect on the sixtieth day after it shall
    29  have become a law; provided, however, that  the  amendments  to  section
    30  25.10  of  the arts and cultural affairs law made by section one of this
    31  act shall not affect the repeal of such  section  and  shall  be  deemed
    32  repealed therewith.
 
    33                                   PART D
 
    34    Section  1.  Section  25.03  of  the  arts and cultural affairs law is
    35  amended by adding four new subdivisions 12, 13, 14 and  15  to  read  as
    36  follows:
    37    12.  "Primary  ticket seller" means an owner or operator of a venue or
    38  sports team, a manager or provider of an event, or a provider of ticket-
    39  ing services or an agent of such owner, operator, manager,  or  provider
    40  that  engages in the primary sale of tickets for an event or retains the
    41  authority to otherwise distribute tickets.
    42    13. "Placed on sale" means the date and time  when  tickets  are  made
    43  available  for  sale to the general public, excluding any prior sales to
    44  fan clubs, businesses, and persons for promotional activities.
    45    14. "Ticketing company" means any person, firm, corporation, or  busi-
    46  ness  entity  that  provides, operates, or controls a ticketing platform
    47  system, service, or marketplace for the initial sale, resale, promotion,
    48  or marketing of tickets to live events.
    49    15. "Broadway theater" shall have the same definition as a  level  one
    50  production  facility as defined in paragraph (i) of subdivision three of
    51  section twenty-four-c of the tax law, in addition to facilities  bounded
    52  by  and  including west sixty-second  street and west sixty-fifth street
    53  and between tenth avenue and  ninth  avenue  in  which  live  theatrical
    54  productions are or are intended to be primarily presented, that contains

        S. 8221--B                          7
 
     1  at  least  one  stage, a seating capacity between five hundred seats and
     2  one thousand two hundred seats,  and  dressing rooms,   storage   areas,
     3  and  other  ancillary  amenities necessary for the qualified musical and
     4  theatrical  production,  and   for which   receipts attributable to live
     5  theatrical productions constitute seventy-five  percent or more of gross
     6  receipts of the facility.
     7    § 2. Section 25.29 of the arts and cultural affairs law, as amended by
     8  section 1 of part E of chapter 358 of the laws of 2022,  is  amended  to
     9  read as follows:
    10    § 25.29. Unlawful  charges  in connection with tickets. 1. No operator
    11  of any place of entertainment, or [his or her]  their  agent,  represen-
    12  tative,  employee or licensee shall, if a price be charged for admission
    13  thereto, exact, demand, accept or receive, directly or  indirectly,  any
    14  premium  or  price  in excess of the established price plus lawful taxes
    15  whether designated as price, gratuity or otherwise;  provided,  however:
    16  (a)  nothing in this article shall be construed to prohibit a reasonable
    17  service charge of twenty or less percent of the price of a ticket  prior
    18  to  the addition of any charges by [the operator or agents of the opera-
    19  tor] any person, firm or  corporation,  regardless  of  whether  or  not
    20  licensed  under this article, that sells tickets or facilitates the sale
    21  of tickets, resells tickets or facilitates the resale or resale  auction
    22  of  tickets  between  independent  parties  by  any  means  for  special
    23  services[, including but not limited to,] actually rendered or otherwise
    24  in connection to customer support, technological  and  software  infras-
    25  tructure,  and  actual  operational  costs  for  sales away from the box
    26  office[, credit card sales or delivery]; [and] (b) nothing in this arti-
    27  cle shall be construed to prohibit an operator or its agent from  offer-
    28  ing  for initial sale tickets by means of an auction; and (c) nothing in
    29  this subdivision shall apply to tickets sold or  resold  for  events  at
    30  venues  with  a  seating capacity of less than six thousand five hundred
    31  guests, unless such venue, other than a broadway theater,  is  fully  or
    32  partially  owned,  operated, controlled, leased by, a parent company of,
    33  or a subsidiary of a ticketing company.
    34    2. A reasonable and actual cost for the physical delivery  of  tickets
    35  may be charged by the seller or reseller based on the method of delivery
    36  selected by the purchaser; provided, however, that no delivery fee shall
    37  be  charged by a seller or reseller for tickets delivered electronically
    38  or tickets that may be printed independently by the purchaser.
    39    3. Any person, firm or  corporation,  regardless  of  whether  or  not
    40  licensed  under this article, that sells tickets or facilitates the sale
    41  of tickets is prohibited from requiring a minimum price for  the  resale
    42  of any tickets purchased from a primary ticket seller.
    43    4. (a) The total price at which a ticket reseller may sell or offer to
    44  sell  a  ticket  to  a live entertainment event may not exceed the total
    45  price of the initial ticket, inclusive of all fees and taxes,  including
    46  those  set  forth in subdivision one of this section, in connection with
    47  the purchase of  the  initial  ticket  and  if  an  initial  ticket  was
    48  purchased for a series of events, the total resale price of a ticket for
    49  a  single  event  may  not exceed the total price of a single comparable
    50  ticket, including all fees and taxes.
    51    (b) Nothing in this subdivision shall apply to tickets for a  sporting
    52  event.
    53    (c)  Nothing  in this subdivision shall apply to tickets for a musical
    54  and theatrical production at a Broadway theater.
    55    5. In a city having a population of one million or more,  the  commis-
    56  sioner  of  consumer  and  worker protection of such city shall have the

        S. 8221--B                          8
 
     1  power to enforce the  provisions  of  this  section.  Such  power  shall
     2  include,  but  not  be  limited to, imposing civil penalties on a ticket
     3  reseller that violates this section in an  amount  not  to  exceed  five
     4  hundred  dollars for each violation.  Each resale or offer for resale of
     5  a ticket in violation of this section shall constitute  a  separate  and
     6  distinct  violation.  In  a  proceeding  alleging  a  violation  of this
     7  section, such commissioner may seek an  order  imposing  all  applicable
     8  civil  penalties  authorized  pursuant to this subdivision and requiring
     9  restitution of any amount charged in violation of this  section.    Such
    10  penalties  shall  be  recovered  in  a  civil  action or in a proceeding
    11  commenced by the service of a summons or notice of violation that  shall
    12  be returnable to the office of administrative trials and hearings or any
    13  other tribunal designated to conduct such proceeding.
    14    6.  In  any  prosecution under this section the attorney general shall
    15  have concurrent jurisdiction with any district attorney and in any  such
    16  prosecution  [he  or she or his or her] they or their deputy shall exer-
    17  cise all the powers and perform all the duties which the district attor-
    18  ney would otherwise be authorized to exercise or perform therein.
    19    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    20  have  become  a  law; provided, however, that the amendments to sections
    21  25.03 and 25.29 of the arts and cultural affairs law  made  by  sections
    22  one and two of this act shall not affect the repeal of such sections and
    23  shall be deemed repealed therewith.
 
    24                                   PART E
 
    25    Section  1.  The  arts and cultural affairs law is amended by adding a
    26  new section 25.04 to read as follows:
    27    § 25.04. Tickets withheld from sale to general public. Primary  ticket
    28  sellers  shall disclose and display in  a  clear  and conspicuous manner
    29  on the website, at the  box  office  and  any  other  method  of  ticket
    30  distribution  of such primary ticket seller, the total number of tickets
    31  offered for sale to the general public by such primary ticket seller not
    32  less than seven days before the date on which tickets shall be available
    33  for primary sale. The total number shall be periodically updated by  the
    34  primary  ticket  seller  if and when additional tickets are subsequently
    35  released for sale to the general public or when there is a five  percent
    36  increase  in  the  amount  of  tickets  released for sale to the general
    37  public. This subdivision shall not apply to: (i) venues with  a  seating
    38  capacity  of  less  than  six  thousand five hundred guests, unless such
    39  venue, other than a broadway theater, is fully or partially owned, oper-
    40  ated, controlled, leased by, a parent company of, or a subsidiary  of  a
    41  ticketing company; or (ii) places of entertainment such as fair grounds,
    42  amusement  parks, museums, observatories, ski resorts, ice skating rinks
    43  and other recreational facilities or events wherein rides, exhibits  and
    44  displays,  games  or  activities of skill or chance or the sale of food,
    45  beverages, toys and souvenirs constitute the main uses.
    46    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    47  have  become a law; provided, however, that the amendments to article 25
    48  of the arts and cultural affairs law made by section  one  of  this  act
    49  shall not affect the repeal of such article and shall be deemed repealed
    50  therewith.
 
    51                                   PART F

        S. 8221--B                          9
 
     1    Section 1. Paragraph (c) of subdivision 1 of section 25.30 of the arts
     2  and  cultural  affairs law, as added by chapter 151 of the laws of 2010,
     3  is amended to read as follows:
     4    (c)  employ  a paperless ticketing system unless the consumer is given
     5  an option to purchase paperless tickets that the consumer  can  transfer
     6  at  any price, and at any time, and without additional fees, independent
     7  of the operator or operator's agent, except  as  otherwise  provided  in
     8  subdivision  four of section 25.29 of this article.  Notwithstanding the
     9  foregoing, an operator or operator's agent may employ a paperless  tick-
    10  eting  system  that  does  not  allow for independent transferability of
    11  paperless tickets only if the consumer is offered an option at the  time
    12  of  initial sale to purchase the same tickets in some other form that is
    13  transferable independent of the operator or operator's agent  including,
    14  but  not  limited  to, paper tickets or e-tickets. The established price
    15  for any given ticket shall be the same regardless of the form or  trans-
    16  ferability  of  such  ticket. The ability for a ticket to be transferred
    17  independent of the operator or operator's agent shall not  constitute  a
    18  special service for the purpose of imposing a service charge pursuant to
    19  section 25.29 of this article.
    20    §  2.  This  act  shall take effect on the sixtieth day after it shall
    21  have become a law, provided, however, that the amendments  to  paragraph
    22  (c)  of  subdivision 1 of section 25.30 of the arts and cultural affairs
    23  law made by section one of this act shall not affect the repeal of  such
    24  section and shall be deemed repealed therewith.
 
    25                                   PART G
 
    26    Section  1.  Section 4 of chapter 704 of the laws of 1991 amending the
    27  arts and cultural affairs law and chapter 912 of the laws of 1920 relat-
    28  ing to the regulation of boxing and wrestling matches relating to  tick-
    29  ets to places of entertainment, as amended by chapter 155 of the laws of
    30  2025, is amended to read as follows:
    31    §  4.  This  act  shall take effect on the sixtieth day after it shall
    32  have become a law, provided, chapter 61 of the laws of  2007  shall  not
    33  take  effect  with  respect  to the issuance of licenses or certificates
    34  under this article by the secretary of  state  or  department  of  state
    35  until  January  1, 2008 and regulation under this article by the commis-
    36  sioners of licenses of the political subdivisions  of  the  state  shall
    37  continue  through  December 31, 2007, and shall remain in full force and
    38  effect only until and including June 30, [2026] 2029 when such act shall
    39  be repealed and when, notwithstanding any other provision  of  law,  the
    40  provisions  of  article  25  of title G of the arts and cultural affairs
    41  law, repealed by such act, shall be reinstituted; provided further  that
    42  section  25.11 of the arts and cultural affairs law, as added by section
    43  one of this act, shall survive such repeal date. Provided, however,  the
    44  printing  on  tickets  required  pursuant to sections 25.07 and 25.08 of
    45  article 25 of the arts and cultural affairs law, as added by  this  act,
    46  shall not apply to tickets printed prior to enactment of such article so
    47  long  as  notice  of the higher maximum premium price and prohibition of
    48  sales within one thousand five hundred feet from the physical  structure
    49  of   the  place  of  entertainment,  where  applicable,  is  prominently
    50  displayed at the point of sale and at such place of entertainment.
    51    § 2.  Section 11 of chapter 151 of the laws of 2010, amending the arts
    52  and cultural affairs law relating to resale  of  tickets  to  places  of
    53  entertainment, as amended by chapter 155 of the laws of 2025, is amended
    54  to read as follows:

        S. 8221--B                         10
 
     1    §  11.  Notwithstanding  the  provisions  of  article 5 of the general
     2  construction law, if this act shall take effect after May 15, 2010,  the
     3  provisions  of  article  25 of the arts and cultural affairs law, except
     4  section 25.11 are hereby revived and shall continue in  full  force  and
     5  effect as they existed on May 15, 2010 through June 30, [2026] 2029 when
     6  upon such date such provisions shall expire and be deemed repealed.
     7    § 3. This act shall take effect immediately.
     8    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
     9  sion,  section  or  part  of  this act shall be adjudged by any court of
    10  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    11  impair,  or  invalidate  the remainder thereof, but shall be confined in
    12  its operation to the clause, sentence, paragraph,  subdivision,  section
    13  or part thereof directly involved in the controversy in which such judg-
    14  ment shall have been rendered. It is hereby declared to be the intent of
    15  the  legislature  that  this  act  would  have been enacted even if such
    16  invalid provisions had not been included herein.
    17    § 4. This act shall take effect immediately; provided,  however,  that
    18  the  applicable effective date of Parts A through G of this act shall be
    19  as specifically set forth in the last section of such Parts.
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