Bill Text: NY A10722 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to automated ticket purchasing software.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-13 - referred to tourism, parks, arts and sports development [A10722 Detail]
Download: New_York-2015-A10722-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10722 IN ASSEMBLY June 13, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Crespo) -- 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 auto- mated ticket purchasing software The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 25.24 of the arts and cultural affairs law, as 2 added by chapter 151 of the laws of 2010, is amended to read as follows: 3 § 25.24. [Automated ticket] Ticket purchasing software. 1. The term 4 "[automated] ticket purchasing software" shall mean, any machine, 5 device, computer program or computer software that [navigates or runs6automated tasks on retail ticket purchasing websites in order to7bypass], on its own or with human assistance, bypasses security measures 8 [to purchase tickets] or access control systems on a retail ticket 9 purchasing platform, or other controls or measures on a retail ticket 10 purchasing platform that assist in implementing a limit on the number of 11 tickets that can be purchased, to purchase tickets. For purposes of 12 this section, the term "retail ticket purchasing platform" shall mean a 13 retail ticket purchasing website, application, phone system, or other 14 technology platform used to sell tickets. 15 2. (a) It shall be unlawful for any person, firm, corporation or other 16 entity to utilize [automated] ticket purchasing software to purchase 17 tickets. 18 (b) It shall be unlawful for any person, firm, corporation or other 19 entity to knowingly resell or offer to resell a ticket that such person, 20 firm, corporation or other entity knows was obtained using ticket 21 purchasing software and was not obtained for their own use or the use of 22 their invitees, employees, or agents. 23 3. (a) Any person, firm, corporation or other entity who knowingly 24 utilizes [automated] ticket purchasing software in order [to bypass25security measures] to purchase tickets shall be subject to a civil 26 penalty in an amount of no less than five hundred dollars and no more 27 than [one thousand dollars] one thousand five hundred dollars for each EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15881-01-6A. 10722 2 1 such violation and shall forfeit all profits made from the sale of any 2 such unlawfully obtained tickets. 3 4. Any person, firm, corporation or other entity who intentionally 4 maintains any interest in or maintains any control of the operation of 5 [automated] ticket purchasing software to [bypass security measures to] 6 purchase tickets shall be subject to a civil penalty in an amount of no 7 less than seven hundred fifty dollars and no more than one thousand five 8 hundred dollars for each such violation and shall forfeit all profits 9 made from the sale of any such unlawfully obtained tickets. 10 5. Any person, firm, corporation or other entity who knowingly 11 resells or offers to resell a ticket that such person, firm, corporation 12 or other entity knows was obtained using ticket purchasing software and 13 was not obtained for their own use or the use of their invitees, employ- 14 ees, or agents shall be subject to a civil penalty in an amount of no 15 less than five hundred dollars and no more than one thousand five 16 hundred dollars for each such violation and shall forfeit all profits 17 made from the sale of any such unlawfully obtained ticket. 18 6. Any person who is subject to a civil penalty under this section and 19 has been assessed a penalty under this section in the previous [five] 20 three years shall be guilty of a violation and may be fined no less than 21 one thousand dollars and no more than five thousand dollars for each 22 such violation and shall forfeit all profits from the sale of any such 23 unlawfully obtained tickets. In addition, a person convicted of a 24 violation under this section may be required to forfeit any and all 25 equipment used in the unlawful purchasing of tickets. 26 [6.] 7. The attorney general shall have jurisdiction to enforce the 27 provisions of this section in accordance with the powers granted to him 28 or her by section sixty-three of the executive law. 29 [7.] 8. In addition to the power given to the attorney general to 30 enforce the provisions of this section, any place of entertainment, as 31 defined by section 23.03 of this chapter, or any aggrieved party that 32 has been injured by wrongful conduct prescribed by this section may 33 bring an action to recover all actual damages suffered as a result of 34 any of such wrongful conduct. The court in its discretion may award 35 damages up to three times the amount of actual damages. The court may 36 enjoin the respondent from any and all activity prohibited under this 37 section. The court may also award reasonable attorney's fees and costs. 38 9. Any person, firm, corporation or other entity who for the purpose 39 of selling or offering to sell tickets in order to derive a profit ther- 40 efrom (i) intentionally utilizes ticket purchasing software to purchase 41 such tickets, (ii) intentionally maintains any interest in or maintains 42 any control of the operation of ticket purchasing software which is used 43 to purchase such tickets, or (iii) knowingly resells or offers to resell 44 a ticket that such person, firm, corporation or other entity knows was 45 obtained using ticket purchasing software and was not obtained for their 46 own use or the use of their invitees, employees, or agents, shall be 47 guilty of a class A misdemeanor if such violation of paragraph (i), (ii) 48 or (iii) of this subdivision involves less than two hundred fifty tick- 49 ets, and a class E felony if such violation of paragraph (i), (ii) or 50 (iii) of this subdivision involves two hundred fifty or more tickets. 51 § 2. This act shall take effect on the ninetieth day after it shall 52 have become a law.
