Bill Text: NY S04459 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to fair practices in the sale of entertainment tickets.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S04459 Detail]

Download: New_York-2015-S04459-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4459
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 20, 2015
                                      ___________
       Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business law, in relation to fair  practices
         in the sale of entertainment tickets
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  "Fair practices in the sale of entertainment tickets act".
    3    S  2. Legislative findings and declarations. The legislature finds and
    4  declares that transactions involving tickets for admission to places  of
    5  entertainment  are a matter of public interest and subject to the super-
    6  vision of New York state and the appropriate political  subdivisions  of
    7  the  state  for  the  purpose  of safeguarding the public against fraud,
    8  extortion, price gouging and similar abuses.
    9    The legislature finds that venues, promoters and entertainers routine-
   10  ly set aside thousands of tickets prior to the public sale.  The  legis-
   11  lature  further  finds  that  these  tickets then are sold at prices far
   12  above face value.
   13    With some concerts, as few as two thousand or three  thousand  tickets
   14  might  be  available  to  the  general public in an arena with more than
   15  fifteen thousand seats. This is especially a concern when the  place  of
   16  entertainment  is  a  venue  that  receives  significant  tax credits or
   17  rebates from the state. The legislature seeks to ensure that the  public
   18  has  full  notice  of and information relating to the sale of tickets at
   19  places of entertainment in New York state.
   20    S 3. Article 40 and sections 900 and 901 of the general  business  law
   21  are  renumbered article 41 and sections 1000 and 1001, respectively, and
   22  a new article 40 is added to read as follows:
   23                                  ARTICLE 40
   24             FAIR PRACTICES IN THE SALE OF ENTERTAINMENT TICKETS
   25  SECTION 900. DEFINITIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09988-02-5
       S. 4459                             2
    1          901. PUBLIC DISCLOSURE OF  TICKET  SALES  AND  AVAILABILITY  AND
    2                 NUMBERS THEREOF.
    3          902. CIVIL PENALTY.
    4    S  900. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
    5  HAVE THE MEANINGS AS INDICATED:
    6    1. "ENTERTAINMENT" MEANS ALL FORMS OF ENTERTAINMENT INCLUDING, BUT NOT
    7  LIMITED  TO,  THEATRICAL  OR  OPERATIC  PERFORMANCES,  CONCERTS,  MOTION
    8  PICTURES, ALL FORMS OF ENTERTAINMENT AT FAIRGROUNDS, AMUSEMENT PARKS AND
    9  ALL TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOTBALL, BASKETBALL, BASE-
   10  BALL,  BOXING,  TENNIS, HOCKEY, AND ANY OTHER SPORT, AND ALL OTHER FORMS
   11  OF DIVERSION, RECREATION OR SHOW.
   12    2. "OPERATOR" MEANS ANY PERSON WHO OWNS, OPERATES, OR CONTROLS A PLACE
   13  OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT.
   14    3. "PLACE OF ENTERTAINMENT" MEANS ANY PRIVATELY OR PUBLICLY OWNED  AND
   15  OPERATED ENTERTAINMENT FACILITY SUCH AS A THEATRE, STADIUM, ARENA, RACE-
   16  TRACK,  MUSEUM,  AMUSEMENT  PARK,  OR  OTHER  PLACE  WHERE PERFORMANCES,
   17  CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS ARE  HELD  FOR  WHICH  AN
   18  ENTRY FEE IS CHARGED.
   19    4.  "TICKET"  MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY PLACE OF
   20  ENTERTAINMENT.
   21    5. "TICKET OFFICE" MEANS A BUILDING OR OTHER STRUCTURE  LOCATED  OTHER
   22  THAN  AT THE PLACE OF ENTERTAINMENT, AT WHICH THE OPERATOR OR THE OPERA-
   23  TOR'S AGENT OFFERS TICKETS FOR FIRST SALE TO THE PUBLIC.
   24    S 901. PUBLIC DISCLOSURE OF TICKET SALES AND AVAILABILITY AND  NUMBERS
   25  THEREOF.  1.  ALL OPERATORS WHO SELL TICKETS FOR ENTERTAINMENT AT PLACES
   26  OF ENTERTAINMENT SHALL BE REQUIRED TO POST THE NUMBER OF TOTAL SEATS FOR
   27  THE ENTERTAINMENT EVENT, NUMBER OF TICKETS FOR SALE DURING  THE  GENERAL
   28  PUBLIC  SALE, THE NUMBER OF SEATS SOLD PRIOR TO THE GENERAL PUBLIC SALE,
   29  THE NUMBER OF TICKETS FOR SALE AS  VIP  TICKETS  PRIOR  TO  THE  GENERAL
   30  PUBLIC  SALE,  THE NUMBER OF VIP TICKETS FOR SALE ALONG WITH THE GENERAL
   31  PUBLIC SALE, THE NUMBER OF TICKETS SOLD  THROUGH  THE  ENTERTAINER'S  OR
   32  SPORT  TEAM'S  FAN  CLUB,  AND  THE  NUMBER OF TICKETS THAT WILL BE MADE
   33  AVAILABLE FOR FREE WHETHER BY  THE  OPERATOR,  ENTERTAINER  OR  SPORTING
   34  TEAM.
   35    2. THIS INFORMATION SHALL BE AVAILABLE AT THE TICKET OFFICE AND POSTED
   36  ON THE PROMOTER'S WEBSITE.
   37    S  902. CIVIL PENALTY. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
   38  AGENT OR EMPLOYEE THEREOF WHO FAILS TO COMPLY WITH THIS ARTICLE SHALL BE
   39  LIABLE TO A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
   40  VIOLATION, WHICH SHALL ACCRUE TO THE STATE OF NEW YORK AND MAY BE RECOV-
   41  ERED IN A CIVIL ACTION.
   42    S 4. This act shall take effect immediately.