S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   797

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  Section  1.  Subdivision  1  of section 25.29 of the arts and cultural
affairs law, as amended by chapter 151 of the laws of 2010,  is  amended
to read as follows:
  1. (A) No operator of any place of entertainment, or his or her agent,
representative,  employee  or  licensee shall, if a price be charged for
admission thereto, exact, demand, accept or receive, directly  or  indi-
rectly,  any  premium  or  price in excess of the established price plus
lawful  taxes  whether  designated  as  price,  gratuity  or  otherwise;
provided, however:  [(a)] (I) nothing in this article shall be construed
to prohibit a reasonable service charge by the operator or agents of the
operator  for special services, including but not limited to, sales away
from the box office, credit card sales or delivery; and [(b)] (II) noth-
ing in this article shall be construed to prohibit an  operator  or  its
agent from offering for initial sale tickets by means of an auction.
  (B)  EXCEPT  FOR MUNICIPALLY OWNED VENUES, NO OPERATOR OF ANY PLACE OF
ENTERTAINMENT WHICH HAS A SEATING CAPACITY GREATER THAN  THREE  THOUSAND
FIVE  HUNDRED SHALL EXACT, DEMAND, ACCEPT, OR RECEIVE, DIRECTLY OR INDI-
RECTLY, ANY REBATE OR PERCENTAGE OF  SUCH  SERVICE  CHARGE.  EXCEPT  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02914-01-3

A. 797                              2

MUNICIPALLY  OWNED  VENUES,  NO  OPERATOR'S  AGENT  SHALL OFFER OR GIVE,
DIRECTLY OR INDIRECTLY, ANY REBATE OR PERCENTAGE OF SUCH SERVICE  CHARGE
TO AN OPERATOR OF ANY PLACE OF ENTERTAINMENT.
  (C) AN OPERATOR OF A PLACE OF ENTERTAINMENT WHICH IS PUBLICLY OWNED OR
WHICH  RECEIVES  DIRECT  OR  INDIRECT  PUBLIC SUPPORT, INCLUDING BUT NOT
LIMITED TO BELOW-MARKET UTILITY RATES OR A REDUCTION IN  TAX  LIABILITY,
MAY  NOT  ENTER INTO A CONTRACT GRANTING A TICKETING AGENT THE EXCLUSIVE
RIGHT TO PROVIDE TICKETING SERVICES FOR EVENTS HELD  AT  SUCH  PLACE  OF
ENTERTAINMENT.
  S  2.  Section 4 of 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 wrestling, relating to tickets to places of
entertainment, as amended by chapter 28 of the laws of 2012, is  amended
to read as follows:
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law, provided, [chapter 61 of the laws of 2007  shall  not
take  effect  with  respect  to the issuance of licenses or certificates
under this article by the secretary of  state  or  department  of  state
until  January  1, 2008 and regulation under this article by the commis-
sioners of licenses of the political subdivisions  of  the  state  shall
continue  through  December 31, 2007, and shall remain in full force and
effect only until and including May 14, 2013  when  such  act  shall  be
repealed  and  when,  notwithstanding  any  other  provision of law, the
provisions of article 25 of title G of the  arts  and  cultural  affairs
law,  repealed by such act, shall be reinstituted; provided further that
section 25.11 of the arts and cultural affairs law, as added by  section
one  of  this  act,  shall survive such repeal date. Provided,] however,
THAT the printing on tickets required pursuant  to  sections  25.07  and
25.08  of  article  25 of the arts and cultural affairs law, as added by
this act, shall not apply to tickets printed prior to enactment of  such
article so long as notice of the higher maximum premium price and prohi-
bition  of sales within one thousand five hundred feet from the physical
structure of the place of entertainment, where applicable, is prominent-
ly displayed at the point of sale and at such place of entertainment.
  S 3. This act shall take effect  immediately  provided,  however  that
section  one  of  this  act shall take effect on the first of April next
succeeding the year in which it  shall  have  become  a  law;  provided,
however  that  the amendments to section 4 of chapter 704 of the laws of
1991 made by section two of this act shall be deemed  to  have  been  in
full force and effect on and after October 1, 1991.