Amd S25.13, Arts & Cul L; amd S4, Chap 704 of 1991
Prohibits the agents of an operator from selling tickets to secondary ticket resellers; extends from June 1, 2009 until May 15, 2010, the expiration of article 25 of the arts and cultural affairs law relating to the regulation of the sales of tickets to places of entertainment; directs the attorney general to review and report upon the effectiveness of such article on or before February 1, 2010.
STATE OF NEW YORK
________________________________________________________________________
7950--D
2009-2010 Regular Sessions
IN ASSEMBLY
April 28, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, BRODSKY -- read once and referred to
the Committee on Tourism, Arts and Sports Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the arts and cultural affairs law, in relation to
prohibiting the agents of an operator from reselling tickets to
secondary ticket resellers; 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 wrestling relating to
tickets to places of entertainment, in relation to extending the expi-
ration of the provisions thereof; and directing the secretary of state
to review and report upon the effectiveness of the regulation of the
sale of tickets to places of entertainment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 25.13 of the arts and cultural
2 affairs law is renumbered subdivision 4 and two new subdivisions 2 and 3
3 are added to read as follows:
4 2. No operator's agent shall sell or convey tickets to any secondary
5 ticket reseller owned or controlled by the operator's agent.
6 3. The operator or the promoter shall determine whether a seat for
7 which a ticket is for sale has an obstructed view, and shall disclose
8 such obstruction. Every sale or resale of such ticket shall include a
9 disclosure of such obstructed view.
10 § 2. Section 4 of chapter 704 of the laws of 1991, amending the arts
11 and cultural affairs law and chapter 912 of the laws of 1920 relating to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11300-11-9
A. 7950--D 2
1 the regulation of boxing and wrestling relating to tickets to places of
2 entertainment, as amended by chapter 374 of the laws of 2007, is amended
3 to read as follows:
4 § 4. This act shall take effect on the sixtieth day after it shall
5 have become a law, provided, chapter 61 of the laws of 2007 shall not
6 take effect with respect to the issuance of licenses or certificates
7 under this article by the secretary of state or department of state
8 until January 1, 2008 and regulation under this article by the commis-
9 sioners of licenses of the political subdivisions of the state shall
10 continue through December 31, 2007, and shall remain in full force and
11 effect only until and including [June 1, 2009] May 15, 2010 when such
12 act shall be repealed and when, notwithstanding any other provision of
13 law, the provisions of article 25 of title G of the arts and cultural
14 affairs law, repealed by such act, shall be reinstituted. Provided,
15 however, the printing on tickets required pursuant to sections 25.07 and
16 25.08 of article 25 of the arts and cultural affairs law, as added by
17 this act, shall not apply to tickets printed prior to enactment of such
18 article so long as notice of the higher maximum premium price and prohi-
19 bition of sales within one thousand five hundred feet from the physical
20 structure of the place of entertainment, where applicable, is prominent-
21 ly displayed at the point of sale and at such place of entertainment.
22 § 3. On or before February 1, 2010, the secretary of state shall cause
23 a review of the effectiveness of the provisions of article 25 of the
24 arts and cultural affairs law to be performed. The review shall be
25 presented in the form of a report. A copy of the report shall be deliv-
26 ered to the governor, the temporary president of the senate, the speaker
27 of the assembly, the minority leader of the senate and the minority
28 leader of the assembly. Such report shall address, at a minimum, the
29 following: the public policy benefit that is furthered by disclosing the
30 number of tickets available for sale to the general public and the
31 number of tickets withheld from the general public for a particular
32 event; the harm to the public that results from the practice of ticket
33 speculation, if any, by persons that have access to tickets before the
34 time of initial sale to the general public or at any other time; a
35 comparison of the availability and cost of tickets in the state with
36 that of other states where price caps in the secondary market are in
37 effect; the need for better enforcement of existing penalties or the
38 need for greater penalties for violations of this section; the impact of
39 the use of computer programs and auto-dialing phone systems on the
40 general availability of tickets and the impact of such programs and
41 systems on the ability to purchase blocks of tickets; the feasibility of
42 effective enforcement of ticket selling and re-selling by in-state and
43 out-of-state ticket sellers and re-sellers; the public benefit and the
44 public cost of an unregulated secondary market; the public benefit and
45 usefulness of publishing the average price of tickets for an event after
46 the event takes place; and the economic impact of the current law on the
47 state.
48 § 4. This act shall take effect immediately; provided, however, that
49 if this act shall not have become a law on or before June 1, 2009
50 section two of this act shall be deemed to have been in full force and
51 effect on and after June 1, 2009; provided, further, that the amendments
52 to article 25 of the arts and cultural affairs law, made by section one
53 of this act, shall not affect the expiration and repeal of such article,
54 and shall expire and be deemed repealed therewith.
