Bill Text: NY A06805 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to ticket pricing and extends certain provisions of the arts and cultural affairs law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to tourism, parks, arts and sports development [A06805 Detail]

Download: New_York-2015-A06805-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6805
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 2, 2015
                                      ___________
       Introduced by M. of A. MARKEY -- read once and referred to the Committee
         on Tourism, Parks, Arts and Sports Development
       AN ACT to amend the arts and cultural affairs law, in relation to ticket
         pricing
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 25.23 of the arts  and  cultural  affairs  law,  as
    2  amended  by  chapter  106  of  the  laws  of 2005, is amended to read as
    3  follows:
    4    S 25.23. Posting of price lists; information  to  purchaser.    1.  In
    5  every principal office or branch office, bureau, agency or sub-agency of
    6  any licensee under this article, there shall be conspicuously posted and
    7  at  all  times  displayed  a  price  list  showing the established price
    8  charged by the operator of the place of entertainment for which a ticket
    9  is being sold by such licensee, together with the price being charged by
   10  such licensee for the resale of such ticket, so that all persons  visit-
   11  ing  such  place  may  readily  see the same. The licensee shall also on
   12  request furnish each purchaser of a ticket with a  receipt  showing  the
   13  same information. Further, if the licensee conducts business through the
   14  use  of  the  internet,  the  same price list, or hyperlink to the same,
   15  shall be conspicuously displayed on the internet page on  which  tickets
   16  are  accessed.  In  addition the licensee shall publish in a conspicuous
   17  place, or hyperlink to on the internet a statement clearly detailing the
   18  required guarantees required by section 25.07 of this article.
   19    2.   THE PRICE OF ADMISSION DISCLOSED AT  THE  INITIATION  OF  A  SALE
   20  (INCLUDING  FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE PRICE TO
   21  BE PAID INCLUSIVE OF ALL SERVICE CHARGES AND FEES, ALTHOUGH SUCH CHARGES
   22  AND FEES INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR
   23  THROUGH LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE.  DELIVERY
   24  FEES  DO  NOT  NEED  TO  BE  INCLUDED  IN  THE ENTIRE PRICE, BUT MUST BE
   25  DISCLOSED PRIOR TO COMPLETION OF A SALE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08230-01-5
       A. 6805                             2
    1    S 2. Section 25.29 of the arts and cultural affairs law, as amended by
    2  chapter 61 of the laws of 2007, subdivision 1 as amended by chapter  151
    3  of the laws of 2010, is amended to read as follows:
    4    S 25.29. Unlawful  charges  in connection with tickets. 1. No operator
    5  of any place of entertainment, or  his  or  her  agent,  representative,
    6  employee or licensee shall, if a price be charged for admission thereto,
    7  exact, demand, accept or receive, directly or indirectly, any premium or
    8  price  in  excess  of  the  established  price plus lawful taxes whether
    9  designated as price, gratuity or otherwise; provided, however: (a) noth-
   10  ing in this article shall be construed to prohibit a reasonable  service
   11  charge  by  the operator or agents of the operator for special services,
   12  including but not limited to, sales away from  the  box  office,  credit
   13  card  sales  or  delivery;  and  (b)  nothing  in  this article shall be
   14  construed to prohibit an operator or its agent from offering for initial
   15  sale tickets by means of an auction.
   16    2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   17  THE PRICE OF ADMISSION DISCLOSED AT THE INITIATION OF A SALE  (INCLUDING
   18  FACE-TO-FACE  TRANSACTIONS)  SHALL  INCLUDE  THE ENTIRE PRICE TO BE PAID
   19  INCLUSIVE OF ALL SERVICE CHARGES AND FEES,  ALTHOUGH  SUCH  CHARGES  AND
   20  FEES  INCLUDED  WITHIN  THE  ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR
   21  THROUGH LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE.  DELIVERY
   22  FEES  DO  NOT  NEED  TO  BE  INCLUDED  IN  THE ENTIRE PRICE, BUT MUST BE
   23  DISCLOSED PRIOR TO COMPLETION OF A SALE.
   24    3. In any prosecution under this section the  attorney  general  shall
   25  have  concurrent jurisdiction with any district attorney and in any such
   26  prosecution he or she or his or her deputy shall exercise all the powers
   27  and perform all the duties which the district attorney  would  otherwise
   28  be authorized to exercise or perform therein.
   29    S 3. This act shall take effect immediately; provided, however, that:
   30    a.  the  amendments  to section 25.23 of the arts and cultural affairs
   31  law made by section one of this act shall not affect the repeal of  such
   32  section and shall be deemed repealed therewith; and
   33    b.  the  amendments  to section 25.29 of the arts and cultural affairs
   34  law made by section two of this act shall not affect the repeal of  such
   35  section and shall be deemed repealed therewith.