S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7444
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 3, 2019
                                ___________
 
 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 110 of the laws  of  2018,  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. An online resale marketplace shall post  a  clear  and  conspicuous
 notice  on  the  website that the website is for the secondary sale of a
 ticket, that the price of such ticket offered for sale  may  exceed  the
 established price and shall also state the refund policy of the platform
 in  connection  with  the  cancellation  or postponement of an event. An
 online resale marketplace shall require that  the  user  confirm  having
 read  such notice before completing any transaction. For the purposes of

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

                                                            LBD09406-02-9

 A. 7444                             2
 
 this section, an "online  resale  marketplace"  means  any  operator  or
 manager of a website or other electronic service that resells tickets or
 serves as a platform to facilitate resale, or resale by way of a compet-
 itive bidding process.
   3.  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.
   § 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.