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.
feedback