S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4459--A
                              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  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       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  as renumbered by chapter 407 of the laws of 1973, are renumbered article
   22  41  and  sections  1000  and 1001, respectively, and a new article 40 is
   23  added to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09988-04-5
       S. 4459--A                          2
    1                                  ARTICLE 40
    2             FAIR PRACTICES IN THE SALE OF ENTERTAINMENT TICKETS
    3  SECTION 900. DEFINITIONS.
    4          901. PUBLIC  DISCLOSURE  OF  TICKET  SALES  AND AVAILABILITY AND
    5                 NUMBERS THEREOF.
    6          902. CIVIL PENALTY.
    7    S 900. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS  SHALL
    8  HAVE THE MEANINGS AS INDICATED:
    9    1.  "ENTRY  FEE"  MEANS  THE  PRICE  FIXED FOR A TICKET AT THE TIME OF
   10  INITIAL SALE BY THE OPERATOR OF ANY PLACE OF ENTERTAINMENT FOR ADMISSION
   11  TO AN EVENT.
   12    2. "EVENT" MEANS ALL FORMS OF ENTERTAINMENT AT PLACES OF ENTERTAINMENT
   13  INCLUDING, BUT NOT LIMITED TO, PERFORMANCES, CONCERTS, MUSICAL  AND  ALL
   14  TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOTBALL, BASKETBALL, BASEBALL,
   15  BOXING,  TENNIS,  HOCKEY, AND ANY OTHER SPORT.  EVENT SHALL NOT MEAN ANY
   16  KIND OF PERFORMANCE REGULARLY SCHEDULED TO TAKE PLACE ON A  DAILY  BASIS
   17  AT THE SAME VENUE OVER THE COURSE OF ONE OR MORE WEEKS.
   18    3. "OPERATOR" MEANS ANY PERSON WHO LEASES, OWNS, OPERATES, OR CONTROLS
   19  A  PLACE OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN EVENT HELD AT A
   20  PLACE OF ENTERTAINMENT.
   21    4. "PLACE OF ENTERTAINMENT" MEANS ANY  PRIVATELY  OR  PUBLICLY  OWNED,
   22  LEASED  OR  OPERATED  LOCATION  THAT HAS A PERMANENT SEATING CAPACITY IN
   23  EXCESS OF THREE THOUSAND PERSONS INCLUDING BUT NOT LIMITED TO A THEATER,
   24  STADIUM, ARENA, RACETRACK, OR OTHER PLACE WHERE PERFORMANCES,  CONCERTS,
   25  ATHLETIC GAMES OR CONTESTS ARE HELD FOR WHICH AN ENTRY FEE IS CHARGED.
   26    5.  "SALE  DATE"  MEANS  THE  FIRST DAY TICKETS ARE MADE AVAILABLE FOR
   27  PURCHASE.
   28    6. "TICKET" MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY  PLACE  OF
   29  ENTERTAINMENT.
   30    7.  "TICKET  OFFICE" MEANS A BUILDING OR OTHER STRUCTURE LOCATED OTHER
   31  THAN AT THE PLACE OF ENTERTAINMENT, AT WHICH THE OPERATOR OR THE  OPERA-
   32  TOR'S AGENT OFFERS TICKETS FOR FIRST SALE TO THE PUBLIC.
   33    S  901. PUBLIC DISCLOSURE OF TICKET SALES AND AVAILABILITY AND NUMBERS
   34  THEREOF. 1. ALL OPERATORS WHO SELL TICKETS FOR ENTERTAINMENT  AT  PLACES
   35  OF ENTERTAINMENT SHALL BE REQUIRED TO POST THE NUMBER OF TOTAL SEATS FOR
   36  THE  EVENT, NUMBER OF TICKETS FOR SALE TO THE GENERAL PUBLIC ON THE SALE
   37  DATE, THE NUMBER OF TICKETS FOR SALE AS VIP TICKETS PRIOR  TO  THE  SALE
   38  DATE,  THE  NUMBER  OF  TICKETS  SOLD THROUGH THE ENTERTAINER'S OR SPORT
   39  TEAM'S FAN CLUB OR OTHER PROMOTIONAL OPPORTUNITY PRIOR TO THE SALE DATE,
   40  AND THE NUMBER OF TICKETS THAT WILL BE MADE AVAILABLE FOR  FREE  WHETHER
   41  BY THE OPERATOR, ENTERTAINER OR SPORTING TEAM.
   42    2. THIS INFORMATION SHALL BE AVAILABLE AT THE TICKET OFFICE AND POSTED
   43  ON  THE  PROMOTER'S  WEBSITE NO LESS THAN FORTY-EIGHT HOURS PRIOR TO THE
   44  SALE DATE FOR THE EVENT.
   45    S 902. CIVIL PENALTY. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION  OR
   46  AGENT OR EMPLOYEE THEREOF WHO FAILS TO COMPLY WITH THIS ARTICLE SHALL BE
   47  LIABLE TO A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
   48  VIOLATION, WHICH SHALL ACCRUE TO THE STATE OF NEW YORK AND MAY BE RECOV-
   49  ERED IN A CIVIL ACTION.
   50    S 4. This act shall take effect immediately.