Relates to resale of tickets to places of entertainment

Section 2 of the bill would amend ACAL § 25.11 to add a new subdivision (4) to create the definition of a "ticket office." Section 3 of the bill would include ticket offices as locations protected by a 1,500 foot buffer zone, inside of which tickets cannot be resold.

Section 3 of the bill would amend ACAL § 25.11 to include a ticket office within the Scope of the buffer zone provisions set forth by this section.

Section 4 of the bill would amend ACAL § 25.15 to clarify how the Secretary of State can draw upon bonds posted by the licensees of Article 25 of the Arts and Cultural Affairs Law.

Section 5 of the bill would amend chapter 704 of the laws of 1991 to extend the effectiveness of Article 25 of the Arts and Cultural Affairs Law.

Section 6 of the bill would amend ACAL § 25.25 to require that licensees report to the Consumer Protection Board information related to the resale of tickets.

Section 7 of the bill would amend ACAL § 25.29(1) to require that service charges in association with tickets sold be reasonable.

Section 8 of the bill would amend ACAL § 25.30 to require that consumers be provided with the option of a transferrable ticket at the time of first public sale.

Section 9 of the bill would amend ACAL § 25.35 to add a new subdivision (7) to allow for increases in fines for certain violations of ACAL Article 25 when such violations are committed by firms, corporations or entities other than individual persons.

Section 10 of the bill would create a new ACAL § 25.24 to prohibit the use of automated ticket purchasing software.

Section 11 of the bill would make ACAL § 25.11 permanent.

Section 12 of the bill would make the bill effective immediately.

Existing law

The regulatory framework governing the sale and resale of tickets to places of entertainment is contained in Article 25 of the ACAL

Statement in support

This legislation would extend the effectiveness of ACAL Article 25 for one year, and prevent the consequent reversion to a governance framework contained in the presently dormant Article 25 of the Arts and Cultural Affairs Law as promulgated generally by the Laws of 1920. The purpose of this extension is to avoid unnecessary disruption in the ticket sale and resale marketplace, as well as the enforcement burdens that will result from a sunset.

In addition, this legislation would enact new provisions to protect consumers. Specifically, the bill will prohibit the use of automated ticket purchasing software, which presently is used by unscrupulous speculators to purchase tickets at initial sale ahead of consumers intending to attend an event. While the use of this software is typically banned by the policies of ticket issuers and venue operators, this statutory prohibition would allow the State to intervene to further protect consumers.

This legislation would also extend new consumer protections on the primary market, by prohibiting venue operators and their agents from employing paperless ticketing systems that do not allow consumers to transfer their tickets independent of the operator or operator's agent, unless the operator offers the consumer a choice of purchasing independently transferrable tickets in another form. Additionally, operators would be prohibited from charging higher prices based on the form of ticket a consumer selects, and would be allowed to assess only reasonable surcharges on other than paperless forms of tickets.

Further, the legislation would provide for a new reporting requirement for licensees that would enable the State to better determine the impact of the resale marketplace on consumers, as well as to study the purchasing trends of consumers.

Finally, the bill would make permanent ACAL § 25.11, which relates to ticket office buffer zones.

Budget implications

This legislation would not have any impact on the State's Financial Plan.

Effective date

This act would take effect immediately.