Bill Text: NY S02615 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to ticket pricing and extends certain provisions of the arts and cultural affairs law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02615 Detail]

Download: New_York-2015-S02615-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2615
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government Operations
       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  106  of  the  laws  of 2005, is amended to read as
    3  follows:
    4    S 25.23. Posting of price lists; information  to  purchaser.    1.  In
    5  every principal office or branch office, bureau, agency or sub-agency of
    6  any licensee under this article, there shall be conspicuously posted and
    7  at  all  times  displayed  a  price  list  showing the established price
    8  charged by the operator of the place of entertainment for which a ticket
    9  is 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.   THE PRICE OF ADMISSION DISCLOSED AT  THE  INITIATION  OF  A  SALE
   20  (INCLUDING  FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE PRICE TO
   21  BE PAID INCLUSIVE OF ALL SERVICE CHARGES AND FEES, ALTHOUGH SUCH CHARGES
   22  AND FEES INCLUDED WITHIN THE ENTIRE PRICE MAY BE DESCRIBED SEPARATELY OR
   23  THROUGH LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE.  DELIVERY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08230-01-5
       S. 2615                             2
    1  FEES  DO  NOT  NEED  TO  BE  INCLUDED  IN  THE ENTIRE PRICE, BUT MUST BE
    2  DISCLOSED PRIOR TO COMPLETION OF A SALE.
    3    S 2. Section 25.29 of the arts and cultural affairs law, as amended by
    4  chapter  61 of the laws of 2007, subdivision 1 as amended by chapter 151
    5  of the laws of 2010, is amended to read as follows:
    6    S 25.29. Unlawful charges in connection with tickets. 1.  No  operator
    7  of  any  place  of  entertainment,  or his or her agent, representative,
    8  employee or licensee shall, if a price be charged for admission thereto,
    9  exact, demand, accept or receive, directly or indirectly, any premium or
   10  price in excess of the  established  price  plus  lawful  taxes  whether
   11  designated as price, gratuity or otherwise; provided, however: (a) noth-
   12  ing  in this article shall be construed to prohibit a reasonable service
   13  charge by the operator or agents of the operator for  special  services,
   14  including  but  not  limited  to, sales away from the box office, credit
   15  card sales or delivery;  and  (b)  nothing  in  this  article  shall  be
   16  construed to prohibit an operator or its agent from offering for initial
   17  sale tickets by means of an auction.
   18    2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   19  THE  PRICE OF ADMISSION DISCLOSED AT THE INITIATION OF A SALE (INCLUDING
   20  FACE-TO-FACE TRANSACTIONS) SHALL INCLUDE THE ENTIRE  PRICE  TO  BE  PAID
   21  INCLUSIVE  OF  ALL  SERVICE  CHARGES AND FEES, ALTHOUGH SUCH CHARGES AND
   22  FEES INCLUDED WITHIN THE ENTIRE PRICE MAY  BE  DESCRIBED  SEPARATELY  OR
   23  THROUGH  LINKS THAT DISPLAY THE COMPONENTS OF THE ENTIRE PRICE. DELIVERY
   24  FEES DO NOT NEED TO BE  INCLUDED  IN  THE  ENTIRE  PRICE,  BUT  MUST  BE
   25  DISCLOSED PRIOR TO COMPLETION OF A SALE.
   26    3.  In  any  prosecution under this section the attorney general shall
   27  have concurrent jurisdiction with any district attorney and in any  such
   28  prosecution he or she or his or her deputy shall exercise all the powers
   29  and  perform  all the duties which the district attorney would otherwise
   30  be authorized to exercise or perform therein.
   31    S 3. This act shall take effect immediately; provided, however, that:
   32    a. the amendments to section 25.23 of the arts  and  cultural  affairs
   33  law  made by section one of this act shall not affect the repeal of such
   34  section and shall be deemed repealed therewith; and
   35    b. the amendments to section 25.29 of the arts  and  cultural  affairs
   36  law  made by section two of this act shall not affect the repeal of such
   37  section and shall be deemed repealed therewith.