What's happening
This bill repeals and replaces New York's ticket resale laws, adding new regulations, licensing, penalties, anti-bot protections, and consumer safeguards for event ticket sales.
Why it matters
Comprehensive consumer protections. The bill imposes robust refund guarantees for resold tickets (e.g., for event cancellation, counterfeit tickets, or misrepresented seats), requiring resellers to provide full refunds in these situations, which directly protects buyers from fraud and financial loss.
Strict anti-bot and anti-scalping enforcement. By outlawing the use of automated ticket-purchasing software (bots), imposing escalating civil and criminal penalties, and allowing for forfeiture of profits and equipment, the bill aims to reduce large-scale scalping and improve fair access to tickets for everyday consumers.
Greater transparency and accountability. Operators must publicly disclose the number and locations of tickets made available to the public, and resellers must maintain detailed records of sales and prices for a decade, report data to the state, and clearly post prices and refund policies. This addresses concerns about hidden ticket allocations and price gouging.
Expanded state oversight and enforcement. Licensing, bonding, and regulatory powers are centralized under the Secretary of State, with explicit authority for investigations, license suspensions, and consumer complaints. The Attorney General is empowered to enforce the law and facilitate public reporting of misconduct, signaling a significant increase in state involvement in the ticketing market.
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Who cares
Ticket buyers
The bill would cap ticket resale markups at 20 percent of the established price and require refund guarantees for cancelled events, invalid tickets and tickets that do not match their advertised description, subject to specified exceptions.
Ticket brokers and resale websites
The bill would impose resale pricing and disclosure rules, with licensing, bonding and reporting requirements for resellers not covered by exemptions.
Venue operators and promoters
The bill would require disclosure of ticket availability and obstructed views, prohibit operators and their agents from reselling tickets, and protect specified ticket-transfer rights.
New York Department of State and attorney general
The bill would give the department licensing and enforcement responsibilities and require the attorney general to accept ticket-sales complaints through a toll-free hotline and website and investigate credible allegations as appropriate.
Headline styles
Regulate Ticket Resale Prices
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
2 Multi-sponsors
History
- Referred to tourism, parks, arts and sports development
- Referred to tourism, parks, arts and sports development
Full text
13 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1534
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. ABINANTI, PRETLOW, JAFFEE, GALEF, COLTON, GUNTHER, MOSLEY, STECK, GOTTFRIED, CAHILL -- Multi-Sponsored by -- M. of A. COOK, SIMON -- 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 resale of tickets to places of entertainment; and to repeal article 25 of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 25 of the arts and cultural affairs law is REPEALED and a new article 25 is added to read as follows:
ARTICLE 25
TICKETS TO PLACES OF ENTERTAINMENT Section 25.01. Legislative findings.
25.03. Definitions.
25.05. Ticket speculators.
25.07. Ticket prices.
25.09. Additional printing on tickets.
25.11. Resales of tickets within buffer zone.
25.13. Licensing of ticket resellers.
25.15. Bond.
25.17. Supervision and regulation.
25.19. Posting of license or certificate.
25.21. Change of office location.
25.23. Posting of price lists; information to purchaser.
25.24. Automated ticket purchasing software.
25.25. Records of purchases and sales.
25.27. Commissions to employees of places of entertainment.
25.29. Unlawful charges in connection with tickets.
25.30. Operator prohibitions.
25.31. Suspension or revocation of licenses.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04994-01-9
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25.33. Enforcement.
25.35. Criminal penalties.
§ 25.01. Legislative findings. The legislature finds and declares that transactions involving tickets for admission to places of entertainment are a matter of public interest and subject to the supervision of New York and the appropriate political subdivisions of the state for the purpose of safeguarding the public against fraud, extortion, and similar abuses.
The legislature further finds that many ticket resellers advertise and sell tickets to places of entertainment within the boundaries of New York state often from locations outside the state, without adhering to the provisions of this article. The legislature objects to any claim that businesses domiciled outside New York state are exempted from this statute when selling tickets to events occurring in New York state, regardless of the territories of origin of both the buyer and seller. It is the legislature's intent that all governmental bodies charged with enforcement of this article, including the attorney general of New York state have the authority to regulate the activities of all persons reselling tickets to venues located within this state to the full extent of the state's powers under the federal and state constitutions and that this article be construed in light of this purpose.
§ 25.03. Definitions. As used in this article the term:
1. "Entertainment" means all forms of entertainment including, but not limited to, theatrical or operatic performances, concerts, motion pictures, all forms of entertainment at fair grounds, amusement parks and all types of athletic competitions including football, basketball, baseball, boxing, tennis, hockey, and any other sport, and all other forms of diversion, recreation or show.
2. "Established price" means the price fixed at the time of sale by the operator of any place of entertainment for admission thereto, which must be printed or endorsed on each ticket of admission.
3. "Maximum premium price" means any premium or price in excess of the established price printed or endorsed on the ticket pursuant to section 25.07 of this article, plus lawful taxes, so that the ultimate price of the purchase of any such ticket to a place of entertainment shall not exceed the sum of the established price plus twenty percent of the established price.
4. "Not-for-profit organization" means a domestic corporation incorporated pursuant to or otherwise subject to the not-for-profit corporation law, a charitable organization registered with the department of law, a religious corporation as defined in section sixty-six of the general construction law, a trustee as defined in section 8-1.4 of the estates, powers and trusts law, an institution or corporation formed pursuant to the education law, a special act corporation created pursuant to chapter four hundred sixty-eight of the laws of eighteen hundred ninety-nine, as amended, a special act corporation formed pursuant to chapter two hundred fifty-six of the laws of nineteen hundred seventeen, as amended, a corporation authorized pursuant to an act of congress approved January fifth, nineteen hundred five, (33 stat. 599), as amended, a corporation established by merger of charitable organizations pursuant to an order of the supreme court, New York county dated July twenty-first, nineteen hundred eighty-six and filed in the department of state on July twentyninth, nineteen hundred eighty-six, or a corporation having tax exempt status under section 501 (c) (3) of the United States Internal Revenue Code, and shall further be deemed to mean and include any federation of charitable organizations.
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5. "Operator" means any person who owns, operates, or controls a place of entertainment or who promotes or produces an entertainment.
6. "Place of entertainment" means any privately or publicly owned and operated entertainment facility such as a theatre, stadium, arena, racetrack, museum, amusement park, or other place where performances, concerts, exhibits, athletic games or contests are held for which an entry fee is charged.
7. "Physical structure" means the place of entertainment, or in the case where a structure either partially or wholly surrounds the place of entertainment, such surrounding structure.
8. "Resale" means any sale of a ticket for entrance to a place of entertainment located within the boundaries of the state of New York other than a sale by the operator or the operator's agent who is expressly authorized to make first sales of such tickets. Resale shall include sales by any means, including in person, or by means of telephone, mail, delivery service, facsimile, internet, email or other electronic means, where the venue for which the ticket grants admission is located in New York state. Except as provided in sections 25.11 and 25.27 of this article, the term "resale" shall not apply to any person, firm or corporation which purchases any tickets solely for their own use or the use of their invitees, employees and agents or which purchases tickets on behalf of others and resells such tickets to such invitees, employees and agents or others at or less than the established price. Similarly, the term "resale" shall not apply to any not-for-profit organization, or person acting on behalf of such not-for-profit organization, as long as any profit realized from ticket reselling is wholly dedicated to the purposes of such not-for-profit organization.
9. "Ticket" means any evidence of the right of entry to any place of entertainment.
10. "Ticket office" means a building or other structure located other than at the place of entertainment, at which the operator or the operator's agent offers tickets for first sale to the public.
§ 25.05. Ticket speculators. Any person who:
1. Conducts on or in any street in a city or in the county of Nassau the business of selling or offering for sale any ticket of admission or any other evidence of the right of entry to any performance or exhibition in or about the premises of any theatre or concert hall, place of public amusement, circus or common show; or
2. Solicits on or in any street in a city or in the county of Nassau by words, signs, circulars or other means any person to purchase any such ticket or other evidence of the right of entry; or
3. In or from any building, store, shop, booth, yard, garden or in or from any opening, window, door, hallway, corridor or in or from any place of ingress or egress to or from any building, place of business, store, shop, booth, yard or garden in a city or in the county of Nassau indicates, holds out or offers for sale to any person or persons on or in the street by word of mouth, crying, calling, shouting or other means that such ticket or other evidence of the right of entry may be purchased in such building, store, shop, booth, yard, garden or any other place; or
4. In or from any such place or places in a city or in the county of Nassau solicits by word of mouth, crying, calling, shouting or other means any person on or in the street to purchase any such ticket or other evidence of the right of entry, is guilty of a misdemeanor.
§ 25.07. Ticket prices. 1. Every operator of a place of entertainment shall, if a price be charged for admission thereto, print or endorse on
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the face of each such ticket the established price. Such operator shall likewise be required to print or endorse on each ticket the maximum premium price at which such ticket or other evidence of the right of entry may be resold or offered for resale. It shall be unlawful for any person, firm or corporation to resell or offer to resell any ticket to any place of entertainment for more than the maximum premium price.
2. Notwithstanding any other provision of law, any person, firm or corporation, regardless of whether or not licensed under this article, that resells tickets or facilitates the resale or resale auction of tickets between independent parties by any means, must guarantee to each purchaser of such resold tickets that the person, firm or corporation will provide a full refund of the amount paid by the purchaser (including, but not limited to, all fees, regardless of how characterized) if any of the following occurs: (a) the event for which such ticket has been resold is cancelled, provided that if the event is cancelled then actual handling and delivery fees need not be refunded as long as such previously disclosed guarantee specifies that such fees will not be refunded; (b) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket, for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been cancelled by the issuer due to non-payment, or that the event described on the ticket was cancelled for any reason prior to purchase of the resold ticket, unless the ticket is cancelled due to an act or omission by such purchaser; or (c) the ticket fails to conform to its description as advertised unless the buyer has pre-approved a substitution of tickets.
3. Prior to the payment of a refund it shall be the obligation of the seller and purchaser to first make a good faith effort to remedy any disputes where the seller and purchaser have agreed to terms established by the licensee or website manager for the disposition of disputes as a condition to facilitate the transaction.
§ 25.09. Additional printing on tickets. Every operator of a place of entertainment having a permanent seating capacity in excess of five thousand persons shall, if a price be charged for admission thereto, print or endorse in a clear and legible manner on each ticket, "This ticket may not be resold within one thousand five hundred feet from the physical structure of this place of entertainment under penalty of law".
§ 25.11. Resales of tickets within buffer zone. 1. No person, firm, corporation or not-for-profit organization, whether or not domiciled, licensed or registered within the state, shall resell, offer to resell or solicit the resale of any ticket to any place of entertainment having a permanent seating capacity in excess of five thousand persons within one thousand five hundred feet from the physical structure of such place of entertainment, or a ticket office.
2. No person, firm, corporation or not-for-profit organization, whether or not domiciled, licensed or registered within the state, shall resell, offer to resell or solicit the resale of any ticket to any place of entertainment having a permanent seating capacity of five thousand or fewer persons within five hundred feet from the physical structure or ticket office of such place of entertainment, provided however that current licensees and those seeking a license under this article are exempt from such buffer zone when operating out of a permanent physical structure.
3. Notwithstanding subdivisions one and two of this section, an operator may designate an area within the property line of such place of entertainment for the lawful resale of tickets only to events at such
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place of entertainment by any person, firm, corporation or not-for-profit organization, whether or not domiciled, licensed or registered within the state.
4. For purposes of this section, "ticket office" means a building or other structure located other than at the place of entertainment, at which the operator or the operator's agent offers tickets for first sale to the public.
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