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

                                  6805

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 2, 2015
                               ___________

Introduced by M. of A. MARKEY -- 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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08230-01-5
              

A. 6805                             2

  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 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.