This bill has been amended

Bill S6962-2013

Relates to ticket pricing and extends certain provisions of the arts and cultural affairs law

Relates to ticket pricing and extends certain provisions of the arts and cultural affairs law.

Details

Actions

  • May 19, 2014: ADVANCED TO THIRD READING
  • May 14, 2014: 2ND REPORT CAL.
  • May 13, 2014: 1ST REPORT CAL.689
  • Apr 9, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 13, 2014
Ayes (7): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Diaz, Squadron
Ayes W/R (2): Zeldin, Hoylman

Memo

BILL NUMBER:S6962

TITLE OF BILL: An act to amend the arts and cultural affairs law, in relation to ticket pricing, 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 wrestling relating to tickets to places of entertainment, and chapter 151 of the laws of 2010, amending the arts and cultural affairs law relating to resale of tickets to places of entertainment, in relation to extending the effectiveness of the provisions thereof

PURPOSE:

To require the advertised price for admission to show the full price, including charges and fees.

SUMMARY OF PROVISIONS:

Section 1 amends section 25.23 of the Arts and Cultural Affairs Law adding that the advertised price for admission shall include the entire price to be paid including charges and fees, although charges and fees included within the entire price may be described separately or through links on websites that display the total price.

Section 2 amends section 25.29 subdivision 1 of the Arts and Cultural Affairs Law adding section 2 stating the advertised price for admission shall include the entire price to be paid including charges and fees, although charges included within the entire price may be described separately or through links on the websites that display the total price.

Section 3 amends section 4 of chapter 704 of the laws of 1991 and the Arts and Cultural Affairs Law to make the effective date of repeal of this act to be May 14, 2016.

Section 4 amends section 11 of chapter 151 of the laws of 2010 and amending the Arts and Cultural Affairs Law stating if this act takes effect after May 15, 2010, the provisions of article 25 of the Arts and Cultural Affairs Law, except section 25.11 are hereby revived and shall continue in full force and effect until May 14, 2016, when the provisions shall expire and be deemed repealed.

JUSTIFICATION:

The fees added to ticket sales are rising quickly. They come under a variety of names, facility fee, handling fee, processing fee, printing fee, but in the end, consumers are paying up to 25% more per ticket than the stated price.

Ticket sales companies and event venues are entitled to make a profit but consumers should have full knowledge of the total cost of the ticket they are purchasing up front, not after they have already decided on a seat and have navigated through either complicated box office, phone, or website requests.

This bill would just require the posting and advertising of the full price of a ticket, including fees and charges so consumers will know

the complete price prior to purchase. This bill in no way restricts a venue or ticket sales company in setting their ticket prices.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that:

A. The amendments to section 25.23 of the Arts and Cultural Affairs Law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and

B. The amendments to section 25.29 of the Arts and Cultural Affairs Law made by section two of this act shall not affect the repeal of such section and shall be repealed therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 6962 IN SENATE April 9, 2014 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the arts and cultural affairs law, in relation to ticket pricing, 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 wrestling relating to tickets to places of entertainment, and chapter 151 of the laws of 2010, amending the arts and cultural affairs law relating to resale of tick- ets to places of entertainment, in relation to extending the effec- tiveness of the provisions thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 25.23 of the arts and cultural affairs law, as amended by chapter 106 of the laws of 2005, is amended to read as follows: S 25.23. Posting of price lists; information to purchaser. 1. In every principal office or branch office, bureau, agency or sub-agency of any licensee under this article, there shall be conspicuously posted and at all times displayed a price list showing the established price charged by the operator of the place of entertainment for which a ticket is being sold by such licensee, together with the price being charged by such licensee for the resale of such ticket, so that all persons visit- ing such place may readily see the same. The licensee shall also on request furnish each purchaser of a ticket with a receipt showing the same information. Further, if the licensee conducts business through the use of the internet, the same price list, or hyperlink to the same, shall be conspicuously displayed on the internet page on which tickets are accessed. In addition the licensee shall publish in a conspicuous place, or hyperlink to on the internet a statement clearly detailing the required guarantees required by section 25.07 of this article. 2. THE ADVERTISED PRICE FOR ADMISSION SHALL INCLUDE THE ENTIRE PRICE TO BE PAID INCLUDING CHARGES AND FEES, ALTHOUGH CHARGES AND FEES
INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR THROUGH LINKS ON WEBSITES THAT DISPLAY THE TOTAL PRICE. S 2. Section 25.29 of the arts and cultural affairs law, as amended by chapter 61 of the laws of 2007, subdivision 1 as amended by chapter 151 of the laws of 2010, is amended to read as follows: S 25.29. Unlawful charges in connection with tickets. 1. 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 indirectly, any premium or price in excess of the established price plus lawful taxes whether designated as price, gratuity or otherwise; provided, however: (a) noth- ing 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) nothing in this article shall be construed to prohibit an operator or its agent from offering for initial sale tickets by means of an auction. 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE ADVERTISED PRICE FOR ADMISSION SHALL INCLUDE THE ENTIRE PRICE TO BE PAID INCLUDING CHARGES AND FEES, ALTHOUGH CHARGES INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR THROUGH LINKS ON THE WEBSITES THAT DISPLAY THE TOTAL PRICE. 3. In any prosecution under this section the attorney general shall have concurrent jurisdiction with any district attorney and in any such prosecution he or she or his or her deputy shall exercise all the powers and perform all the duties which the district attorney would otherwise be authorized to exercise or perform therein. S 3. 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 matches relating to tickets to places of entertainment, as amended by chapter 28 of the laws of 2013, 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, [2014] 2016 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, 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 prohibition of sales within one thousand five hundred feet from the physical structure of the place of entertainment, where applicable, is prominently displayed at the point of sale and at such place of entertainment. S 4. Section 11 of chapter 151 of the laws of 2010, amending the arts and cultural affairs law relating to resale of tickets to places of entertainment, as amended by chapter 28 of the laws of 2013, is amended to read as follows:
S 11. Notwithstanding the provisions of article 5 of the general construction law, if this act shall take effect after May 15, 2010, the provisions of article 25 of the arts and cultural affairs law, except section 25.11 are hereby revived and shall continue in full force and effect as they existed on May 15, 2010 through May 14, [2014] 2016, when upon such date such provisions shall expire and be deemed repealed. S 5. This act shall take effect immediately; provided, however, that: a. the amendments to section 25.23 of the arts and cultural affairs law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and b. the amendments to section 25.29 of the arts and cultural affairs law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith.

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