Bill Text: NY S08413 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to resale of tickets to places of entertainment; provides for the regulation of boxing and wrestling relating to tickets to places of entertainment.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2010-06-29 - REFERRED TO RULES [S08413 Detail]
Download: New_York-2009-S08413-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8413 I N S E N A T E June 29, 2010 ___________ Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the arts and cultural affairs law, in relation to resale of tickets to places of entertainment; to amend chapter 704 of the laws of 1991, amending the arts and cultural affairs law and chapter 912 of the laws of 1920 relating to the regulation of boxing and wres- tling relating to tickets to places of entertainment, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 25.03 of the arts and cultural affairs law is 2 amended by adding a new subdivision 10 to read as follows: 3 10. "TICKET OFFICE" MEANS A BUILDING OR OTHER STRUCTURE LOCATED OTHER 4 THAN AT THE PLACE OF ENTERTAINMENT, AT WHICH THE OPERATOR OR THE OPERA- 5 TOR'S AGENT OFFERS TICKETS FOR FIRST SALE TO THE PUBLIC. 6 S 2. Section 25.11 of the arts and cultural affairs law is amended by 7 adding a new subdivision 4 to read as follows: 8 4. FOR PURPOSES OF THIS SECTION, "TICKET OFFICE" MEANS A BUILDING OR 9 OTHER STRUCTURE LOCATED OTHER THAN AT THE PLACE OF ENTERTAINMENT, AT 10 WHICH THE OPERATOR OR THE OPERATOR'S AGENT OFFERS TICKETS FOR FIRST SALE 11 TO THE PUBLIC. 12 S 3. Section 25.11 of the arts and cultural affairs law, as amended by 13 chapter 61 of the laws of 2007, subdivision 3 as amended by chapter 374 14 of the laws of 2007, is amended to read as follows: 15 S 25.11. Resales of tickets within buffer zone. 1. No person, firm, 16 corporation or not-for-profit organization, whether or not domiciled, 17 licensed or registered within the state, shall resell, offer to resell 18 or solicit the resale of any ticket to any place of entertainment having 19 a permanent seating capacity in excess of five thousand persons within 20 one thousand five hundred feet from the physical structure of such place 21 of entertainment, OR A TICKET OFFICE. 22 2. No person, firm, corporation or not-for-profit organization, wheth- 23 er or not domiciled, licensed or registered within the state, shall 24 resell, offer to resell or solicit the resale of any ticket to any place EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12290-09-0 S. 8413 2 1 of entertainment having a permanent seating capacity of five thousand or 2 fewer persons within five hundred feet from the physical structure OR 3 TICKET OFFICE of such place of entertainment, provided however that 4 current licensees and those seeking a license under this article are 5 exempt from such buffer zone when operating out of a permanent physical 6 structure. 7 3. Notwithstanding subdivisions one and two of this section, an opera- 8 tor may designate an area within the property line of such place of 9 entertainment for the lawful resale of tickets only to events at such 10 place of entertainment by any person, firm, corporation or not-for-pro- 11 fit organization, whether or not domiciled, licensed or registered with- 12 in the state. 13 S 4. Section 25.15 of the arts and cultural affairs law, as amended by 14 chapter 374 of the laws of 2007, is amended to read as follows: 15 S 25.15. Bond. The secretary of state shall require the applicant for 16 a license to file with the application therefor a bond in due form to 17 the people of New York in the penal sum of twenty-five thousand dollars, 18 with two or more sufficient sureties or a duly authorized surety compa- 19 ny, which bond shall be approved by the secretary of state. Each such 20 bond shall be conditioned that the obligor will not be guilty of any 21 fraud or extortion, will not violate directly or indirectly any of the 22 provisions of this article or any of the provisions of the license or 23 certificate provided for in this article, will comply with the 24 provisions of this article and will pay all damages occasioned to any 25 person by reason of any misstatement, misrepresentation, fraud or deceit 26 or any unlawful act or omission of such obligor, his or her agents or 27 employees, while acting within the scope of their employment, made, 28 committed or omitted in connection with the provisions of this article 29 in the business conducted under such license or caused by any other 30 violation of this article in carrying on the business for which such 31 license is granted. [A suit to recover on the bond required to be filed 32 by the provisions of this article may be brought in the name of the 33 person damaged, upon the bond deposited with the department of state by 34 such licensed person, in a court of competent jurisdiction. The amount 35 of damages claimed by the plaintiff and not the penalty named in the 36 bond shall determine the jurisdiction of the court in which the action 37 is brought.] One or more recoveries or payments upon such bond shall not 38 vitiate the same but such bond shall remain in full force and effect, 39 provided, however, that the aggregate amount of all such recoveries or 40 payments shall not exceed the penal sum thereof. BEFORE THE SECRETARY 41 SHALL DRAW UPON SUCH BOND, THE SECRETARY SHALL ISSUE A DETERMINATION IN 42 WRITING WHICH SHALL INCLUDE THE BASIS OF SUCH ACTION. THE SECRETARY 43 SHALL NOTIFY IN WRITING THE LICENSEE OF ANY SUCH DETERMINATION AND SHALL 44 AFFORD THE LICENSEE AN OPPORTUNITY TO RESPOND WITHIN TWENTY DAYS OF THE 45 RECEIPT OF SUCH DETERMINATION. IN NO EVENT MAY THE BOND BE DRAWN UPON IN 46 LESS THAN TWENTY-FIVE DAYS AFTER THE SERVICE OF A DETERMINATION TO THE 47 LICENSEE. SUCH WRITTEN NOTICE MAY BE SERVED BY DELIVERY THEREOF 48 PERSONALLY TO THE LICENSEE, OR BY CERTIFIED MAIL TO THE LAST KNOWN BUSI- 49 NESS ADDRESS OF SUCH LICENSEE. ONLY UPON SUCH DETERMINATION OF THE 50 SECRETARY SHALL MONEYS BE WITHDRAWN FROM THE BOND. Upon the commencement 51 of any action or actions against the surety upon any such bond for a sum 52 or sums aggregating or exceeding the amount of such bond the secretary 53 of state shall require a new and additional bond in like amount as the 54 original one, which shall be filed with the department of state within 55 thirty days after the demand therefor. Failure to file such bond within 56 such period shall constitute cause for the revocation of the license S. 8413 3 1 pursuant to section 25.31 of this article theretofore issued to the 2 licensee upon whom such demand shall have been made. Any suit or action 3 against the surety on any bond required by the provisions of this 4 section shall be commenced within one year after the cause of action 5 shall have accrued. 6 S 5. Section 4 of chapter 704 of the laws of 1991, amending the arts 7 and cultural affairs law and chapter 912 of the laws of 1920 relating to 8 the regulation of boxing and wrestling relating to tickets to places of 9 entertainment, as amended by chapter 68 of the laws of 2009, is amended 10 to read as follows: 11 S 4. This act shall take effect on the sixtieth day after it shall 12 have become a law, provided, chapter 61 of the laws of 2007 shall not 13 take effect with respect to the issuance of licenses or certificates 14 under this article by the secretary of state or department of state 15 until January 1, 2008 and regulation under this article by the commis- 16 sioners of licenses of the political subdivisions of the state shall 17 continue through December 31, 2007, and shall remain in full force and 18 effect only until and including May 15, [2010] 2011 when such act shall 19 be repealed and when, notwithstanding any other provision of law, the 20 provisions of article 25 of title G of the arts and cultural affairs 21 law, repealed by such act, shall be reinstituted; PROVIDED FURTHER THAT 22 SECTION 25.11 OF THE ARTS AND CULTURAL AFFAIRS LAW, AS ADDED BY SECTION 23 ONE OF THIS ACT, SHALL SURVIVE SUCH REPEAL DATE. Provided, however, the 24 printing on tickets required pursuant to sections 25.07 and 25.08 of 25 article 25 of the arts and cultural affairs law, as added by this act, 26 shall not apply to tickets printed prior to enactment of such article so 27 long as notice of the higher maximum premium price and prohibition of 28 sales within one thousand five hundred feet from the physical structure 29 of the place of entertainment, where applicable, is prominently 30 displayed at the point of sale and at such place of entertainment. 31 S 6. Section 25.25 of the arts and cultural affairs law, as amended by 32 chapter 374 of the laws of 2007, is amended to read as follows: 33 S 25.25. Records of purchases and sales. 1. Every licensee shall at 34 all times keep full and accurate sets of records showing: [(1)] (A) the 35 prices at which all tickets have been bought and sold by such licensee; 36 and [(2)] (B) the names and addresses of the person, firm or corporation 37 from whom they were bought. Operators offering for initial sale tickets 38 by means of an auction shall maintain a record of the price when known 39 and the number of tickets and types of seats offered through auction. 40 These records shall be made available upon request to the state attorney 41 general, the secretary of state, or other governmental body with the 42 express authority to enforce any section of this article; provided, 43 however, that the records required to be maintained by this section 44 shall be considered proprietary in nature and shall be governed by the 45 protections set forth in subdivision five of section eighty-nine of the 46 public officers law. These records shall be retained for a period of not 47 less than ten years. 48 2. TWICE ANNUALLY, ON JUNE THIRTIETH AND DECEMBER THIRTY-FIRST, EVERY 49 LICENSEE THAT RESELLS TICKETS OR FACILITATES THE RESALE OR RESALE 50 AUCTION OF TICKETS BETWEEN INDEPENDENT PARTIES BY ANY AND ALL MEANS 51 SHALL REPORT TO THE CONSUMER PROTECTION BOARD THE TOTAL NUMBER OF, AND 52 AVERAGE RESALE OR AVERAGE FINAL RESALE AUCTION PRICE OF, ALL TICKETS TO 53 EACH TICKETED EVENT, PROVIDED, HOWEVER, THAT REPEAT PERFORMANCES OF A 54 SINGLE EVENT, AND MULTIPLE EVENTS THAT ARE PART OF A SEASON-LONG 55 PERFORMANCE SHALL BE TREATED AS A SINGLE EVENT FOR THE PURPOSES OF THE 56 REPORTING REQUIREMENT OF THIS SUBDIVISION. THE INFORMATION REQUIRED TO S. 8413 4 1 BE REPORTED BY THIS SECTION SHALL BE CONSIDERED PROPRIETARY IN NATURE 2 AND SHALL BE GOVERNED BY THE PROTECTIONS SET FORTH IN SUBDIVISION FIVE 3 OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW, AND SHALL BE USED 4 EXCLUSIVELY FOR ANALYTICAL PURPOSES BY THE CONSUMER PROTECTION BOARD. 5 S 7. Subdivision 1 of section 25.29 of the arts and cultural affairs 6 law, as amended by chapter 61 of the laws of 2007, is amended to read as 7 follows: 8 1. No operator of any place of entertainment, or his or her agent, 9 representative, employee or licensee shall, if a price be charged for 10 admission thereto, exact, demand, accept or receive, directly or indi- 11 rectly, any premium or price in excess of the established price plus 12 lawful taxes whether designated as price, gratuity or otherwise; 13 provided, however: (a) nothing in this article shall be construed to 14 prohibit a REASONABLE service charge by the operator or agents of the 15 operator for special services, including but not limited to, sales away 16 from the box office, credit card sales or delivery; and (b) nothing in 17 this article shall be construed to prohibit an operator or its agent 18 from offering for initial sale tickets by means of an auction. 19 S 8. Section 25.30 of the arts and cultural affairs law, as added by 20 chapter 61 of the laws of 2007, is amended to read as follows: 21 S 25.30. Operator prohibitions. 1. A ticket is a license, issued by 22 the operator of a place of entertainment, for admission to the place of 23 entertainment at the date and time specified on the ticket, subject to 24 the terms and conditions as specified by the operator. Notwithstanding 25 any other provision of law to the contrary, it shall be prohibited for 26 any operator of a place of entertainment, [who offers for sale 27 subscription or season ticket packages] OR OPERATOR'S AGENT, to: 28 (A) restrict by any means the resale of any tickets included in [the] 29 A subscription or season ticket package as a condition of purchase, as a 30 condition to retain such tickets for the duration of the subscription or 31 season ticket package agreement, or as a condition to retain any 32 contractually agreed upon rights to purchase future subscription or 33 season ticket packages that are otherwise conferred in the subscription 34 or season ticket agreement[. Furthermore, it shall be prohibited for any 35 operator of a place of entertainment to]; 36 (B) deny access to a ticket holder who possesses a resold subscription 37 or season ticket to a performance based solely on the grounds that such 38 ticket has been resold[.]; OR 39 (C) EMPLOY A PAPERLESS TICKETING SYSTEM UNLESS THE CONSUMER IS GIVEN 40 AN OPTION TO PURCHASE PAPERLESS TICKETS THAT THE CONSUMER CAN TRANSFER 41 AT ANY PRICE, AND AT ANY TIME, AND WITHOUT ADDITIONAL FEES, INDEPENDENT 42 OF THE OPERATOR OR OPERATOR'S AGENT. NOTWITHSTANDING THE FOREGOING, AN 43 OPERATOR OR OPERATOR'S AGENT MAY EMPLOY A PAPERLESS TICKETING SYSTEM 44 THAT DOES NOT ALLOW FOR INDEPENDENT TRANSFERABILITY OF PAPERLESS TICKETS 45 ONLY IF THE CONSUMER IS OFFERED AN OPTION AT THE TIME OF INITIAL SALE TO 46 PURCHASE THE SAME TICKETS IN SOME OTHER FORM THAT IS TRANSFERRABLE INDE- 47 PENDENT OF THE OPERATOR OR OPERATOR'S AGENT INCLUDING, BUT NOT LIMITED 48 TO, PAPER TICKETS OR E-TICKETS. THE ESTABLISHED PRICE FOR ANY GIVEN 49 TICKET SHALL BE THE SAME REGARDLESS OF THE FORM OR TRANSFERABILITY OF 50 SUCH TICKET. THE ABILITY FOR A TICKET TO BE TRANSFERRED INDEPENDENT OF 51 THE OPERATOR OR OPERATOR'S AGENT SHALL NOT CONSTITUTE A SPECIAL SERVICE 52 FOR THE PURPOSE OF IMPOSING A SERVICE CHARGE PURSUANT TO SECTION 25.29 53 OF THIS ARTICLE. 54 2. Additionally, nothing in this article shall be construed to prohib- 55 it an operator of a place of entertainment from maintaining and enforc- 56 ing any policies regarding conduct or behavior at or in connection with S. 8413 5 1 their venue. FURTHER, NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO 2 PROHIBIT AN OPERATOR OF A PLACE OF ENTERTAINMENT OR SUCH OPERATOR'S 3 AGENT, FROM RESTRICTING THE RESALE OF TICKETS THAT ARE OFFERED AS PART 4 OF A TARGETED PROMOTION, AT A DISCOUNTED PRICE, OR FOR FREE, TO SPECIFIC 5 INDIVIDUALS OR GROUPS OF INDIVIDUALS BECAUSE OF THEIR STATUS AS, OR 6 MEMBERSHIP IN, A SPECIFIC COMMUNITY OR GROUP, INCLUDING, BUT NOT LIMITED 7 TO, PERSONS WITH DISABILITIES, STUDENTS, RELIGIOUS OR CIVIC ORGANIZA- 8 TIONS, OR PERSONS DEMONSTRATING ECONOMIC HARDSHIP; PROVIDED, HOWEVER 9 THAT TICKETS OFFERED PROMOTIONALLY TO THE GENERAL PUBLIC SHALL NOT BE 10 CONSIDERED AS TICKETS OFFERED TO SPECIFIC INDIVIDUALS OR GROUPS OF INDI- 11 VIDUALS. ANY PROMOTIONAL DISCOUNTED OR FREE TICKETS FOR WHICH THE OPER- 12 ATOR OR OPERATOR'S AGENT RESTRICTS RESALE MUST BE CLEARLY MARKED AS 13 SUCH. An operator shall be permitted to revoke or restrict season tick- 14 ets for reasons relating to violations of venue policies, including but 15 not limited to, attempts by two or more persons to gain admission to a 16 single event with both the cancelled tickets originally issued to a 17 season ticket holder and those tickets re-issued as part of a resale 18 transaction, and to the extent the operator may deem necessary for the 19 protection of the safety of patrons or to address fraud or misconduct. 20 3. NO OPERATOR OR OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY 21 SECONDARY TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR OR OPERA- 22 TOR'S AGENT. 23 4. THE OPERATOR OR THE PROMOTER SHALL DETERMINE WHETHER A SEAT FOR 24 WHICH A TICKET IS FOR SALE HAS AN OBSTRUCTED VIEW, AND SHALL DISCLOSE 25 SUCH OBSTRUCTION. IF THE OPERATOR OR PROMOTER DISCLOSES THAT A SEAT FOR 26 WHICH A TICKET IS FOR SALE HAS AN OBSTRUCTED VIEW, IT SHALL BE THE 27 RESPONSIBILITY OF THE SECONDARY TICKET RESELLER TO DISCLOSE SUCH 28 OBSTRUCTION UPON THE RESALE OF SUCH TICKET. SUCH OBSTRUCTION SHALL NOT 29 INCLUDE AN OBSTRUCTION OF VIEW CAUSED BY A PERSON, OR PERSONS, SEATED IN 30 AN ADJACENT SEAT, OR SEATS, OR OCCUPYING AN AISLE; OR AN OBSTRUCTION OF 31 VIEW CAUSED BY AN OBJECT OR OBJECTS PLACED UPON AN ADJACENT SEAT OR 32 SEATS, OR IN AN AISLE; OR AN OBSTRUCTION OF VIEW THAT IS DE MINIMUS OR 33 TRANSITORY IN NATURE. 34 S 9. Section 25.35 of the arts and cultural affairs law is amended by 35 adding a new subdivision 7 to read as follows: 36 7. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, WHEN THE FINES 37 INCLUDED IN THIS SECTION ARE IMPOSED ON A FIRM, CORPORATION OR OTHER 38 ENTITY THAT IS NOT A SINGLE PERSON, SUCH FINES MAY BE IMPOSED AT UP TO 39 TWO TIMES THE AMOUNT OTHERWISE ALLOWED, OR, WHERE APPLICABLE, THREE 40 TIMES THE AMOUNT OF THE DEFENDANT'S GAIN. 41 S 10. The arts and cultural affairs law is amended by adding a new 42 section 25.24 to read as follows: 43 S 25.24. AUTOMATED TICKET PURCHASING SOFTWARE. 1. THE TERM "AUTOMATED 44 TICKET PURCHASING SOFTWARE" SHALL MEAN, ANY MACHINE, DEVICE, COMPUTER 45 PROGRAM OR COMPUTER SOFTWARE THAT NAVIGATES OR RUNS AUTOMATED TASKS ON 46 RETAIL TICKET PURCHASING WEBSITES IN ORDER TO BYPASS SECURITY MEASURES 47 TO PURCHASE TICKETS. 48 2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO UTILIZE AUTOMATED TICKET 49 PURCHASING SOFTWARE TO PURCHASE TICKETS. 50 3. ANY PERSON WHO KNOWINGLY UTILIZES AUTOMATED TICKET PURCHASING SOFT- 51 WARE IN ORDER TO BYPASS SECURITY MEASURES TO PURCHASE TICKETS SHALL BE 52 SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO LESS THAN FIVE HUNDRED 53 DOLLARS AND NO MORE THAN ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION 54 AND SHALL FORFEIT ALL PROFITS MADE FROM THE SALE OF ANY SUCH UNLAWFULLY 55 OBTAINED TICKETS. S. 8413 6 1 4. ANY PERSON WHO INTENTIONALLY MAINTAINS ANY INTEREST IN OR MAINTAINS 2 ANY CONTROL OF THE OPERATION OF AUTOMATED TICKET PURCHASING SOFTWARE TO 3 BYPASS SECURITY MEASURES TO PURCHASE TICKETS SHALL BE SUBJECT TO A CIVIL 4 PENALTY IN AN AMOUNT OF NO LESS THAN SEVEN HUNDRED FIFTY DOLLARS AND NO 5 MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION AND 6 SHALL FORFEIT ALL PROFITS MADE FROM THE SALE OF ANY SUCH UNLAWFULLY 7 OBTAINED TICKETS. 8 5. ANY PERSON WHO IS SUBJECT TO A CIVIL PENALTY UNDER THIS SECTION AND 9 HAS BEEN ASSESSED A PENALTY UNDER THIS SECTION IN THE PREVIOUS FIVE 10 YEARS SHALL BE GUILTY OF A VIOLATION AND MAY BE FINED NO LESS THAN ONE 11 THOUSAND DOLLARS AND NO MORE THAN FIVE THOUSAND DOLLARS FOR EACH SUCH 12 VIOLATION AND SHALL FORFEIT ALL PROFITS FROM THE SALE OF ANY SUCH UNLAW- 13 FULLY OBTAINED TICKETS. IN ADDITION, A PERSON CONVICTED OF A VIOLATION 14 UNDER THIS SECTION MAY BE REQUIRED TO FORFEIT ANY AND ALL EQUIPMENT USED 15 IN THE UNLAWFUL PURCHASING OF TICKETS. 16 6. THE ATTORNEY GENERAL SHALL HAVE JURISDICTION TO ENFORCE THE 17 PROVISIONS OF THIS SECTION IN ACCORDANCE WITH THE POWERS GRANTED TO HIM 18 OR HER BY SECTION SIXTY-THREE OF THE EXECUTIVE LAW. 19 7. IN ADDITION TO THE POWER GIVEN TO THE ATTORNEY GENERAL TO ENFORCE 20 THE PROVISIONS OF THIS SECTION, ANY PLACE OF ENTERTAINMENT, AS DEFINED 21 BY SECTION 23.03 OF THIS CHAPTER, OR ANY AGGRIEVED PARTY THAT HAS BEEN 22 INJURED BY WRONGFUL CONDUCT PRESCRIBED BY THIS SECTION MAY BRING AN 23 ACTION TO RECOVER ALL ACTUAL DAMAGES SUFFERED AS A RESULT OF ANY OF SUCH 24 WRONGFUL CONDUCT. THE COURT IN ITS DISCRETION MAY AWARD DAMAGES UP TO 25 THREE TIMES THE AMOUNT OF ACTUAL DAMAGES. THE COURT MAY ENJOIN THE 26 RESPONDENT FROM ANY AND ALL ACTIVITY PROHIBITED UNDER THIS SECTION. THE 27 COURT MAY ALSO AWARD REASONABLE ATTORNEY'S FEES AND COSTS. 28 S 11. Notwithstanding the provisions of article 5 of the general 29 construction law, if this act shall take effect after May 15, 2010, the 30 provisions of article 25 of the arts and cultural affairs law, except 31 section 25.11 are hereby revived and shall continue in full force and 32 effect as they existed on May 15, 2010 through May 15, 2011, when upon 33 such date such provisions shall expire and be deemed repealed. 34 S 12. This act shall take effect immediately; provided that the 35 amendments to section 25.03 of the arts and cultural affairs law, made 36 by section one of this act, shall be subject to the expiration and 37 reversion of such article pursuant to section 4 of chapter 704 of the 38 laws of 1991, as amended, when upon such date the provisions of section 39 two of this act shall take effect; provided further that the amendments 40 to section 25.15 of the arts and cultural affairs law made by section 41 four of this act shall not affect the expiration and reversion of such 42 article and shall expire and be deemed repealed therewith; provided, 43 further, that the amendments to section 25.25 of the arts and cultural 44 affairs law, made by section six of this act shall not affect the repeal 45 of such article and shall be deemed repealed therewith; provided, 46 further, that the amendments to section 25.29 of the arts and cultural 47 affairs law, made by section seven of this act shall not affect the 48 repeal of such article and shall be deemed repealed therewith; provided, 49 further, that the amendments to section 25.30 of the arts and cultural 50 affairs law, made by section eight of this act, shall not affect the 51 repeal of such article and shall be deemed repealed therewith; provided, 52 further, that the provisions of paragraph (c) of subdivision 1 of 53 section 25.30 of the arts and cultural affairs law as added by section 54 eight of this act shall not apply to tickets sold at initial sale prior 55 to the effective date of this act; provided, further, that the amend- 56 ments to section 25.35 of the arts and cultural affairs law, made by S. 8413 7 1 section nine of this act, shall not affect the repeal of such article 2 and shall be deemed repealed therewith; and provided further that 3 section 25.24 of the arts and cultural affairs law, as added by section 4 ten of this act, shall survive the expiration and reversion of article 5 25 of such law as provided in section 4 of chapter 704 of the laws of 6 1991, as amended.