S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5214
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  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:
   § 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.
              

                                                            LBD09206-01-7

 A. 5214                             2
 
   § 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:
   § 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.
   § 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.