Relates to requiring the operator or the promoter to determine whether a ticket for sale has a physical seat location, or if the ticket requires the purchaser to stand for the duration of the performance, and requires the disclosure of such information; provides every sale or resale of such ticket shall also include such disclosure.
STATE OF NEW YORK
________________________________________________________________________
6280--A
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- 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
disclosing whether a ticket for sale has a physical seat location or
is for standing or general admission
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 25.13 of the arts and cultural
2 affairs law, as renumbered by chapter 68 of the laws of 2009, is renum-
3 bered subdivision 5 and a new subdivision 4 is added to read as follows:
4 4. The operator or the promoter shall determine whether a ticket for
5 sale has a physical seat location, or if the ticket requires the
6 purchaser to stand for the duration of the performance, and shall
7 disclose such information. Every sale or resale of such ticket shall
8 include a disclosure that a ticket is standing or does not have a phys-
9 ical seat location. Any person, firm, corporation or other entity who
10 violates the provisions of this subdivision shall be subject to a civil
11 penalty in an amount of no less than five hundred dollars and not more
12 than one thousand five hundred dollars for each such violation and shall
13 forfeit all profits made from the sale or resale of such tickets. Addi-
14 tionally, any person, firm, corporation or other entity who violates the
15 provisions of this subdivision shall refund the purchaser the full price
16 paid by the purchaser for the ticket.
17 § 2. Section 25.13 of the arts and cultural affairs law, as added by
18 chapter 876 of the laws of 1983, is amended to read as follows:
19 § 25.13. Printing price on ticket. Every person, firm or corporation
20 who owns, operates or controls a theatre, place of amusement or enter-
21 tainment, or other place where public exhibitions, games, contests or
22 performances are held shall, if a price be charged for admission there-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09108-05-7
S. 6280--A 2
1 to, print on the face of each such ticket or other evidence of the right
2 of entry the price charged therefor by such person, firm or corporation.
3 Such person, firm or corporation shall likewise be required to print or
4 endorse thereon the maximum premium (not to exceed two dollars, plus
5 lawful taxes), at which such ticket or other evidence of the right of
6 entry may be resold or offered for resale. It shall be unlawful for any
7 person, firm or corporation to resell or offer to resell such ticket or
8 other evidence of the right of entry at any premium or price in excess
9 of such maximum premium printed or endorsed thereon, plus lawful taxes,
10 or so that the ultimate price to the purchaser of such ticket shall
11 exceed a sum in excess of two dollars over and above the original price
12 charged for admission as printed on the face of each such ticket or
13 other evidence of the right of entry, plus lawful taxes. The operator or
14 the promoter shall determine whether a ticket for sale has a physical
15 seat location, or if the ticket requires the purchaser to stand for the
16 duration of the performance, and shall disclose such information. Every
17 sale or resale of such ticket shall include a disclosure that a ticket
18 is standing or does not have a physical seat location. Any person,
19 firm, corporation or other entity who violates the provisions of this
20 section shall be subject to a civil penalty in an amount of no less than
21 five hundred dollars and not more than one thousand five hundred dollars
22 for each such violation and shall forfeit all profits made from the sale
23 or resale of such tickets. Additionally, any person, firm, corporation
24 or other entity who violates the provisions of this section shall refund
25 the purchaser the full price paid by the purchaser for the ticket.
26 § 3. This act shall take effect immediately; provided, however, that
27 the amendments to section 25.13 of the arts and cultural affairs law
28 made by section one of this act shall be subject to the expiration and
29 reversion of such section pursuant to section 4 of chapter 704 of the
30 laws of 1991, as amended, when upon such date the provisions of section
31 two of this act shall take effect.
