S T A T E   O F   N E W   Y O R K
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                                  5071

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. BRODSKY, PHEFFER, HOYT, DINOWITZ -- read once and
  referred to the Committee on Tourism, 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 61 of the laws of 2007, 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 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) 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.
  (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
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.
                                                           LBD08198-02-9

              

A. 5071                             2

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 374 of the laws of 2007, 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  June 1, 2009 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]  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 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  enter-
tainment.
  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.