Bill S6962A-2013

Relates to ticket pricing

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

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Jun 9, 2014: AMENDED ON THIRD READING (T) 6962A
  • 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

Calendars

Memo

BILL NUMBER:S6962A

TITLE OF BILL: An act to amend the arts and cultural affairs law, in relation to ticket pricing

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.

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 300 days after it becomes law; 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--A Cal. No. 689 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the arts and cultural affairs law, in relation to ticket pricing 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 PRICE OF ADMISSION DISCLOSED AT THE INITIATION OF A SALE (INCLUDING FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE PRICE TO BE PAID INCLUSIVE OF ALL SERVICE CHARGES AND FEES, ALTHOUGH SUCH CHARGES AND FEES INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR THROUGH LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE. DELIVERY
FEES DO NOT NEED TO BE INCLUDED IN THE ENTIRE PRICE, BUT MUST BE DISCLOSED PRIOR TO COMPLETION OF A SALE. 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 PRICE OF ADMISSION DISCLOSED AT THE INITIATION OF A SALE (INCLUDING FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE PRICE TO BE PAID INCLUSIVE OF ALL SERVICE CHARGES AND FEES, ALTHOUGH SUCH CHARGES AND FEES INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR THROUGH LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE. DELIVERY FEES DO NOT NEED TO BE INCLUDED IN THE ENTIRE PRICE, BUT MUST BE DISCLOSED PRIOR TO COMPLETION OF A SALE. 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. This act shall take effect on the three hundredth day after it shall have become a law; 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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