S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4387
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2015
                                      ___________
       Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. DINOWITZ
         -- 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 unlaw-
         ful charges in connection with tickets and 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
         removing  the  expiration of provisions regulating the sale of theater
         tickets
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of section 25.29 of the arts and cultural
    2  affairs law, as amended by chapter 151 of the laws of 2010,  is  amended
    3  to read as follows:
    4    1. (A) No operator of any place of entertainment, or his or her agent,
    5  representative,  employee  or  licensee shall, if a price be charged for
    6  admission thereto, exact, demand, accept or receive, directly  or  indi-
    7  rectly,  any  premium  or  price in excess of the established price plus
    8  lawful  taxes  whether  designated  as  price,  gratuity  or  otherwise;
    9  provided, however:  [(a)] (I) nothing in this article shall be construed
   10  to prohibit a reasonable service charge by the operator or agents of the
   11  operator  for special services, including but not limited to, sales away
   12  from the box office, credit card sales or delivery; and [(b)] (II) noth-
   13  ing in this article shall be construed to prohibit an  operator  or  its
   14  agent from offering for initial sale tickets by means of an auction.
   15    (B)  EXCEPT  FOR MUNICIPALLY OWNED VENUES, NO OPERATOR OF ANY PLACE OF
   16  ENTERTAINMENT WHICH HAS A SEATING CAPACITY GREATER THAN  THREE  THOUSAND
   17  FIVE  HUNDRED SHALL EXACT, DEMAND, ACCEPT, OR RECEIVE, DIRECTLY OR INDI-
   18  RECTLY, ANY REBATE OR PERCENTAGE OF  SUCH  SERVICE  CHARGE.  EXCEPT  FOR
   19  MUNICIPALLY  OWNED  VENUES,  NO  OPERATOR'S  AGENT  SHALL OFFER OR GIVE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07435-02-5
       A. 4387                             2
    1  DIRECTLY OR INDIRECTLY, ANY REBATE OR PERCENTAGE OF SUCH SERVICE  CHARGE
    2  TO AN OPERATOR OF ANY PLACE OF ENTERTAINMENT.
    3    (C) AN OPERATOR OF A PLACE OF ENTERTAINMENT WHICH IS PUBLICLY OWNED OR
    4  WHICH  RECEIVES  DIRECT  OR  INDIRECT  PUBLIC SUPPORT, INCLUDING BUT NOT
    5  LIMITED TO BELOW-MARKET UTILITY RATES OR A REDUCTION IN  TAX  LIABILITY,
    6  MAY  NOT  ENTER INTO A CONTRACT GRANTING A TICKETING AGENT THE EXCLUSIVE
    7  RIGHT TO PROVIDE TICKETING SERVICES FOR EVENTS HELD  AT  SUCH  PLACE  OF
    8  ENTERTAINMENT.
    9    S  2.  Section 4 of chapter 704 of the laws of 1991, amending the arts
   10  and cultural affairs law and chapter 912 of the laws of 1920 relating to
   11  the regulation of boxing and wrestling, relating to tickets to places of
   12  entertainment, as amended by chapter 21 of the laws of 2014, is  amended
   13  to read as follows:
   14    S  4.  This  act  shall take effect on the sixtieth day after it shall
   15  have become a law, provided, [chapter 61 of the laws of 2007  shall  not
   16  take  effect  with  respect  to the issuance of licenses or certificates
   17  under this article by the secretary of  state  or  department  of  state
   18  until  January  1, 2008 and regulation under this article by the commis-
   19  sioners of licenses of the political subdivisions  of  the  state  shall
   20  continue  through  December 31, 2007, and shall remain in full force and
   21  effect only until and including May 14, 2015  when  such  act  shall  be
   22  repealed  and  when,  notwithstanding  any  other  provision of law, the
   23  provisions of article 25 of title G of the  arts  and  cultural  affairs
   24  law,  repealed by such act, shall be reinstituted; provided further that
   25  section 25.11 of the arts and cultural affairs law, as added by  section
   26  one  of  this  act,  shall survive such repeal date. Provided,] however,
   27  THAT the printing on tickets required pursuant  to  sections  25.07  and
   28  25.08  of  article  25 of the arts and cultural affairs law, as added by
   29  this act, shall not apply to tickets printed prior to enactment of  such
   30  article so long as notice of the higher maximum premium price and prohi-
   31  bition  of sales within one thousand five hundred feet from the physical
   32  structure of the place of entertainment, where applicable, is prominent-
   33  ly displayed at the point of sale and at such place of entertainment.
   34    S 3. This act shall take effect  immediately  provided,  however  that
   35  section  one  of  this  act shall take effect on the first of April next
   36  succeeding the year in which it  shall  have  become  a  law;  provided,
   37  however  that  the amendments to section 4 of chapter 704 of the laws of
   38  1991 made by section two of this act shall be deemed  to  have  been  in
   39  full force and effect on and after October 1, 1991.