Bill Text: NY A04188 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the resale of tickets to places of entertainment.
Spectrum: Partisan Bill (Democrat 21-1)
Status: (Introduced - Dead) 2012-01-04 - referred to tourism, parks, arts and sports development [A04188 Detail]
Download: New_York-2011-A04188-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4188 2011-2012 Regular Sessions I N A S S E M B L Y February 2, 2011 ___________ Introduced by M. of A. GABRYSZAK, COOK, JACOBS, CYMBROWITZ, JAFFEE, DINOWITZ, REILLY, SCHIMEL -- Multi-Sponsored by -- M. of A. BARRON, CAHILL, COLTON, DESTITO, GIGLIO, GLICK, GOTTFRIED, MAISEL, MAYERSOHN, PEOPLES-STOKES, PERRY, SWEENEY, TOWNS, WEISENBERG -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Develop- ment AN ACT to amend the arts and cultural affairs law, in relation to the resale of tickets to places of entertainment; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 25.01 of the arts and cultural affairs law, as 2 amended by chapter 61 of the laws of 2007, is amended to read as 3 follows: 4 S 25.01. Legislative findings. The legislature finds and declares that 5 transactions involving tickets for admission to places of entertainment 6 are a matter of public interest and subject to the supervision of New 7 York and the appropriate political subdivisions of the state for the 8 purpose of safeguarding the public against fraud, extortion, EXORBITANT 9 RATES and similar abuses. 10 The legislature further finds that many ticket resellers advertise and 11 sell tickets to places of entertainment within the boundaries of New 12 York state often from locations outside the state, without adhering to 13 the provisions of this article. The legislature objects to any claim 14 that businesses domiciled outside New York state are exempted from this 15 statute when selling tickets to events occurring in New York state, 16 regardless of the territories of origin of both the buyer and seller. It 17 is the legislature's intent that all governmental bodies charged with 18 enforcement of this article, including the attorney general of New York 19 state have the authority to regulate the activities of all persons 20 reselling tickets to venues located within this state to the full extent EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07770-01-1 A. 4188 2 1 of the state's powers under the federal and state constitutions and that 2 this article be construed in light of this purpose. 3 THE LEGISLATURE FURTHER FINDS THAT CIRCUMSTANCES OCCASIONALLY ARISE 4 THAT PRECLUDE THE USE OF TICKETS PURCHASED IN ADVANCE AND THAT PEOPLE 5 NEED TO RECOVER THEIR EXPENSES. IT IS THE INTENT OF THE LEGISLATURE THAT 6 ENFORCEMENT OF THIS ARTICLE SHALL ALSO DIFFERENTIATE BETWEEN THOSE WHO 7 WOULD LAWFULLY RECOVER THEIR EXPENSES AND THOSE WHO WOULD GAIN SUBSTAN- 8 TIAL PROFITS FROM UNLAWFUL RESELLING OF TICKETS. 9 S 2. Subdivision 3 of section 25.03 of the arts and cultural affairs 10 law is REPEALED and a new subdivision 3 is added to read as follows: 11 3. "MAXIMUM PREMIUM PRICE" MEANS ANY PREMIUM OR PRICE IN EXCESS OF THE 12 ESTABLISHED PRICE PRINTED OR ENDORSED ON THE TICKET PURSUANT TO SECTION 13 25.07 OF THIS ARTICLE, PLUS LAWFUL TAXES, SO THAT THE ULTIMATE PRICE TO 14 THE PURCHASE OF ANY SUCH TICKET TO A PLACE OF ENTERTAINMENT SHALL NOT 15 EXCEED THE SUM OF THE ESTABLISHED PRICE PLUS TEN DOLLARS OR TWENTY-FIVE 16 PERCENT OF THE ESTABLISHED PRICE, WHICHEVER IS GREATER PLUS LAWFUL 17 TAXES. 18 S 3. The opening paragraph of subdivision 1 of section 25.03 of the 19 arts and cultural affairs law is designated paragraph (a) and a new 20 paragraph (b) is added to read as follows: 21 (B) NO PRODUCER OR PROMOTER OF A FORM OF ENTERTAINMENT OR ANYONE WHO 22 IS EMPLOYED BY SUCH PRODUCER OR PROMOTER SHALL RESELL OR ENGAGE IN THE 23 BUSINESS OF RESELLING ANY TICKETS OF ADMISSION OR ANY OTHER EVIDENCE OF 24 THE RIGHT OF ENTRY TO A THEATRE, PLACE OF AMUSEMENT OR ENTERTAINMENT, OR 25 OTHER PLACES WHERE PUBLIC EXHIBITIONS, GAMES, CONTESTS OR PERFORMANCES 26 ARE HELD. NOTHING IN THIS ARTICLE SHALL BAN A PRODUCER OR PROMOTER FROM 27 RESELLING TICKETS THAT HAVE BEEN PREVIOUSLY PURCHASED BY BONA FIDE NON- 28 ASSOCIATED INDIVIDUALS. 29 S 4. Section 25.07 of the arts and cultural affairs law, as amended by 30 chapter 61 of the laws of 2007, is amended to read as follows: 31 S 25.07. Ticket prices. 1. Every operator of a place of entertainment 32 shall, if a price be charged for admission thereto, print or endorse on 33 the face of each such ticket the established price[, or the final 34 auction price if such ticket was sold or resold by auction through the 35 operator or its agent]. SUCH OPERATOR SHALL LIKEWISE BE REQUIRED TO 36 PRINT OR ENDORSE ON EACH TICKET THE MAXIMUM PREMIUM PRICE AT WHICH SUCH 37 TICKET OR OTHER EVIDENCE OF THE RIGHT OF ENTRY MAY BE RESOLD OR OFFERED 38 FOR RESALE. 39 2. MAXIMUM PREMIUM PRICE. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR 40 CORPORATION TO RESELL OR OFFER TO RESELL ANY TICKET TO ANY PLACE OF 41 ENTERTAINMENT FOR MORE THAN THE MAXIMUM PREMIUM PRICE. 42 3. TICKETS TO ANY PLACE OF ENTERTAINMENT MAY NOT BE RESOLD UNTIL ONE 43 MONTH AFTER THE DATE OF THE INITIAL PURCHASE OF SUCH TICKET. 44 4. EVERY OPERATOR OF A PLACE OF ENTERTAINMENT SHALL PRINT ON THE TICK- 45 ET ANY OBSTRUCTION OR LIMITATION THAT MAY EXIST. 46 5. EVERY OPERATOR OF A PLACE OF ENTERTAINMENT SHALL MAKE PUBLIC THE 47 PERCENTAGE OF TICKETS TO A PLACE OF ENTERTAINMENT THAT WILL BE MADE 48 AVAILABLE TO THE PUBLIC. AT THE TIME OF THE INITIAL SALE OF TICKETS, THE 49 OPERATOR SHALL MAKE PUBLIC THE TOTAL NUMBER AND LOCATIONS OF TICKETS, 50 AND THE PERCENTAGE OF TICKETS SOLD AT SUCH INITIAL PUBLIC SALE. 51 [2.] 6. Notwithstanding any other provision of law, any person, firm 52 or corporation, regardless of whether or not licensed under this arti- 53 cle, that resells tickets or facilitates the resale or resale auction of 54 tickets between independent parties by any means, must guarantee to each 55 purchaser of such resold tickets that the person, firm or corporation 56 will provide a full refund of the amount paid by the purchaser (includ- A. 4188 3 1 ing, but not limited to, all fees, regardless of how characterized) if 2 any of the following occurs: (a) the event for which such ticket has 3 been resold is cancelled, provided that if the event is cancelled then 4 actual handling and delivery fees need not be refunded as long as such 5 previously disclosed guarantee specifies that such fees will not be 6 refunded; (b) the ticket received by the purchaser does not grant the 7 purchaser admission to the event described on the ticket, for reasons 8 that may include, without limitation, that the ticket is counterfeit or 9 that the ticket has been cancelled by the issuer due to non-payment, or 10 that the event described on the ticket was cancelled for any reason 11 prior to purchase of the resold ticket, unless the ticket is cancelled 12 due to an act or omission by such purchaser; or (c) the ticket fails to 13 conform to its description as advertised unless the buyer has pre-ap- 14 proved a substitution of tickets. 15 [3.] 7. Prior to the payment of a refund it shall be the obligation of 16 the seller and purchaser to first make a good faith effort to remedy any 17 disputes where the seller and purchaser have agreed to terms established 18 by the licensee or website manager for the disposition of disputes as a 19 condition to facilitate the transaction. 20 8. TWICE A YEAR ANY PERSON, FIRM OR CORPORATION LICENSED UNDER THIS 21 ARTICLE, THAT RESELLS TICKETS OR FACILITATES THE RESALE OR RESALE 22 AUCTION OF TICKETS BETWEEN INDEPENDENT PARTIES BY ANY MEANS SHALL 23 PUBLISH AND REPORT THE AVERAGE TICKET PRICE FOR EACH EVENT TO THE 24 CONSUMER PROTECTION BOARD. 25 S 5. Section 25.35 of the arts and cultural affairs law, as added by 26 chapter 704 of the laws of 1991, subdivision 1 as amended by chapter 56 27 of the laws of 2001, subdivisions 2, 3, 4, 5 and 6 as amended by chapter 28 374 of the laws of 2007 and subdivision 7 as added by chapter 151 of the 29 laws of 2010, is amended to read as follows: 30 S 25.35. Criminal penalties. 1. (a) Any person, firm, corporation or 31 other entity, whether or not domiciled, licensed or registered within 32 the state, which is convicted of violating section 25.27 or 25.29 of 33 this article shall be guilty of a class A misdemeanor punishable by a 34 fine not to exceed [one] TWO thousand dollars or [two] FOUR times the 35 amount of the defendant's gain, to be determined pursuant to the proce- 36 dures set forth in section 400.30 of the criminal procedure law, which- 37 ever is greater, or by a term of imprisonment not to exceed one year, or 38 by both such fine and imprisonment. 39 (b) Any person, firm, corporation or other entity, whether or not 40 domiciled, licensed, or registered within the state, which is convicted 41 of violating section 25.27 or 25.29 of this article, when the value of 42 the commission, gratuity, bonus, premium or price unlawfully paid or 43 accepted exceeds one thousand dollars for an event as defined in section 44 23.03 of this chapter, whether or not such payment is for tickets to a 45 single performance of that event, shall be guilty of a class E felony, 46 punishable by a term of imprisonment in accordance with the penal law, 47 or by a fine of [five] TEN thousand dollars or [two] FOUR times the 48 amount of the defendant's gain, to be determined pursuant to the proce- 49 dures set forth in section 400.30 of the criminal procedure law, which- 50 ever is greater, or by both such fine and imprisonment. 51 2. Any person, firm or corporation which is convicted of violating 52 subdivision two of section 25.09 of this article shall be guilty of a 53 misdemeanor punishable by a term of imprisonment not to exceed one year 54 or by a fine not to exceed [seven hundred fifty] ONE THOUSAND FIVE 55 HUNDRED dollars on the first conviction; [one] THREE thousand [five 56 hundred] dollars on the second conviction; and [two] FOUR thousand A. 4188 4 1 dollars, on each subsequent conviction or by both such fine and impri- 2 sonment. 3 3. Any person, firm or corporation which is convicted of knowingly 4 violating subdivision one of section 25.07 or section 25.13 or section 5 25.15 of this article shall be guilty of a misdemeanor punishable by a 6 term of imprisonment not to exceed one hundred eighty days or by a fine 7 not to exceed [five hundred] ONE THOUSAND dollars on the first 8 conviction; [one] TWO thousand dollars on the second conviction; and 9 [two] FOUR thousand dollars on each subsequent conviction or by both 10 such fine and imprisonment. 11 4. Notwithstanding any other penalty which may be imposed for any 12 other violation of this article, any person, firm or corporation which 13 is convicted of violating section 25.11 of this article shall be guilty 14 of a violation punishable by a fine not to exceed [two] FOUR hundred 15 dollars on the first conviction; [five hundred] ONE THOUSAND dollars on 16 the second conviction; and [one] TWO thousand dollars on each subsequent 17 conviction. 18 5. Any person, firm or corporation which is convicted of violating 19 subdivision one of section 25.09 of this article shall be guilty of a 20 violation punishable by a fine not to exceed [five hundred] ONE THOUSAND 21 dollars. 22 6. Any person, firm or corporation which is convicted of violating any 23 other section of this article shall be guilty of a violation punishable 24 by a fine not to exceed [two] FIVE hundred [fifty] dollars. 25 7. Notwithstanding any other provision to the contrary, when the fines 26 included in this section are imposed on a firm, corporation or other 27 entity that is not a single person, such fines may be imposed at up to 28 two times the amount otherwise allowed, or, where applicable, three 29 times the amount of the defendant's gain. 30 S 6. This act shall take effect immediately; provided, however, that 31 the amendments to article 25 of title G of the arts and cultural affairs 32 law made by sections one, two, three, four and five of this act shall 33 not affect the repeal and reversion of such article and shall expire and 34 be deemed repealed therewith.