Bill Text: NY A07444 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to ticket pricing; requires that the price of admission disclosed at the initiation of a sale (including face-to-face transactions) include the entire price to be paid inclusive of all service charges and fees other than delivery fees; and relates to the effectiveness of such requirement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to tourism, parks, arts and sports development [A07444 Detail]
Download: New_York-2019-A07444-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7444 2019-2020 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 25.23 of the arts and cultural affairs law, as 2 amended by chapter 110 of the laws of 2018, is amended to read as 3 follows: 4 § 25.23. Posting of price lists; information to purchaser. 1. In every 5 principal office or branch office, bureau, agency or sub-agency of any 6 licensee under this article, there shall be conspicuously posted and at 7 all times displayed a price list showing the established price charged 8 by the operator of the place of entertainment for which a ticket is 9 being sold by such licensee, together with the price being charged by 10 such licensee for the resale of such ticket, so that all persons visit- 11 ing such place may readily see the same. The licensee shall also on 12 request furnish each purchaser of a ticket with a receipt showing the 13 same information. Further, if the licensee conducts business through the 14 use of the internet, the same price list, or hyperlink to the same, 15 shall be conspicuously displayed on the internet page on which tickets 16 are accessed. In addition the licensee shall publish in a conspicuous 17 place, or hyperlink to on the internet a statement clearly detailing the 18 required guarantees required by section 25.07 of this article. 19 2. An online resale marketplace shall post a clear and conspicuous 20 notice on the website that the website is for the secondary sale of a 21 ticket, that the price of such ticket offered for sale may exceed the 22 established price and shall also state the refund policy of the platform 23 in connection with the cancellation or postponement of an event. An 24 online resale marketplace shall require that the user confirm having 25 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. LBD09406-02-9A. 7444 2 1 this section, an "online resale marketplace" means any operator or 2 manager of a website or other electronic service that resells tickets or 3 serves as a platform to facilitate resale, or resale by way of a compet- 4 itive bidding process. 5 3. The price of admission disclosed at the initiation of a sale 6 (including face-to-face transactions) shall include the entire price to 7 be paid inclusive of all service charges and fees, although such charges 8 and fees included within the entire price may be described separately or 9 through links that display the components of the entire price. Delivery 10 fees do not need to be included in the entire price, but must be 11 disclosed prior to completion of a sale. 12 § 2. Section 25.29 of the arts and cultural affairs law, as amended by 13 chapter 61 of the laws of 2007, subdivision 1 as amended by chapter 151 14 of the laws of 2010, is amended to read as follows: 15 § 25.29. Unlawful charges in connection with tickets. 1. No operator 16 of any place of entertainment, or his or her agent, representative, 17 employee or licensee shall, if a price be charged for admission thereto, 18 exact, demand, accept or receive, directly or indirectly, any premium or 19 price in excess of the established price plus lawful taxes whether 20 designated as price, gratuity or otherwise; provided, however: (a) noth- 21 ing in this article shall be construed to prohibit a reasonable service 22 charge by the operator or agents of the operator for special services, 23 including but not limited to, sales away from the box office, credit 24 card sales or delivery; and (b) nothing in this article shall be 25 construed to prohibit an operator or its agent from offering for initial 26 sale tickets by means of an auction. 27 2. Notwithstanding the provisions of subdivision one of this section, 28 the price of admission disclosed at the initiation of a sale (including 29 face-to-face transactions) shall include the entire price to be paid 30 inclusive of all service charges and fees, although such charges and 31 fees included within the entire price may be described separately or 32 through links that display the components of the entire price. Delivery 33 fees do not need to be included in the entire price, but must be 34 disclosed prior to completion of a sale. 35 3. In any prosecution under this section the attorney general shall 36 have concurrent jurisdiction with any district attorney and in any such 37 prosecution he or she or his or her deputy shall exercise all the powers 38 and perform all the duties which the district attorney would otherwise 39 be authorized to exercise or perform therein. 40 § 3. This act shall take effect immediately; provided, however, that: 41 a. the amendments to section 25.23 of the arts and cultural affairs 42 law made by section one of this act shall not affect the repeal of such 43 section and shall be deemed repealed therewith; and 44 b. the amendments to section 25.29 of the arts and cultural affairs 45 law made by section two of this act shall not affect the repeal of such 46 section and shall be deemed repealed therewith.
