Amd S25.29, Arts & Cul L; amd S4, Chap 704 of 1991
Prohibits service charges in sales of theater tickets in certain circumstances; removes expiration of (Chapter 704 of the laws of 1991) provisions relating to sale of theater tickets; prohibits exclusive contracts with ticket agents by operators of entertainment venues which are publicly owned or which receive direct or indirect public support.
STATE OF NEW YORK
________________________________________________________________________
5071
2009-2010 Regular Sessions
IN ASSEMBLY
February 10, 2009
___________
Introduced by M. of A. BRODSKY, PHEFFER, HOYT, DINOWITZ -- read once and
referred to the Committee on Tourism, Arts and Sports Development
AN ACT to amend the arts and cultural affairs law, in relation to unlaw-
ful charges in connection with tickets 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 the regulation of boxing and wres-
tling, relating to tickets to places of entertainment, in relation to
removing the expiration of provisions regulating the sale of theater
tickets
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 25.29 of the arts and cultural
2 affairs law, as amended by chapter 61 of the laws of 2007, is amended to
3 read as follows:
4 1. (a) No operator of any place of entertainment, or his or her agent,
5 representative, employee or licensee shall, if a price be charged for
6 admission thereto, exact, demand, accept or receive, directly or indi-
7 rectly, any premium or price in excess of the established price plus
8 lawful taxes, whether designated as price, gratuity or otherwise;
9 provided, however: [(a)] (i) nothing in this article shall be construed
10 to prohibit a service charge by the operator or agents of the operator
11 for special services, including, but not limited to, sales away from the
12 box office, credit card sales or delivery; and [(b)] (ii) nothing in
13 this article shall be construed to prohibit an operator or its agent
14 from offering for initial sale tickets by means of an auction.
15 (b) Except for municipally owned venues, no operator of any place of
16 entertainment which has a seating capacity greater than three thousand
17 five hundred shall exact, demand, accept, or receive, directly or indi-
18 rectly, any rebate or percentage of such service charge. Except for
19 municipally owned venues, no operator's agent shall offer or give,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08198-02-9
A. 5071 2
1 directly or indirectly, any rebate or percentage of such service charge
2 to an operator of any place of entertainment.
3 (c) An operator of a place of entertainment which is publicly owned or
4 which receives direct or indirect public support, including but not
5 limited to below-market utility rates or a reduction in tax liability,
6 may not enter into a contract granting a ticketing agent the exclusive
7 right to provide ticketing services for events held at such place of
8 entertainment.
9 § 2. Section 4 of chapter 704 of the laws of 1991, amending the arts
10 and cultural affairs law and chapter 912 of the laws of 1920 relating to
11 the regulation of boxing and wrestling, relating to tickets to places of
12 entertainment, as amended by chapter 374 of the laws of 2007, is amended
13 to read as follows:
14 § 4. This act shall take effect on the sixtieth day after it shall
15 have become a law[, provided, chapter 61 of the laws of 2007 shall not
16 take effect with respect to the issuance of licenses or certificates
17 under this article by the secretary of state or department of state
18 until January 1, 2008 and regulation under this article by the commis-
19 sioners of licenses of the political subdivisions of the state shall
20 continue through December 31, 2007, and shall remain in full force and
21 effect only until and including June 1, 2009 when such act shall be
22 repealed and when, notwithstanding any other provision of law, the
23 provisions of article 25 of title G of the arts and cultural affairs
24 law, repealed by such act, shall be reinstituted. Provided] provided,
25 however, that the printing on tickets required pursuant to sections
26 25.07 and 25.08 of article 25 of the arts and cultural affairs law, as
27 added by this act, shall not apply to tickets printed prior to enactment
28 of such article so long as notice of the higher maximum premium price
29 and prohibition of sales within one thousand five hundred feet from the
30 physical structure of the place of entertainment, where applicable, is
31 prominently displayed at the point of sale and at such place of enter-
32 tainment.
33 § 3. This act shall take effect immediately provided, however that
34 section one of this act shall take effect on the first of April next
35 succeeding the year in which it shall have become a law; provided,
36 however that the amendments to section 4 of chapter 704 of the laws of
37 1991 made by section two of this act shall be deemed to have been in
38 full force and effect on and after October 1, 1991.
