N.Y. Arts and Cultural Affairs Law § 23.09: Application of article; exemptions

§ 23.09. Application of article; exemptions. 1. The provisions of

article twenty-three-A of the general business law shall not be

applicable to offerings subject to the requirements of this article, or

with respect to such offerings, to producers or principals thereof.

2. The provisions of subdivisions one and two of section 23.08 of this

article shall not apply to any ticket distributor who offers or sells

advance tickets of admission, as set forth in such subdivisions, if such

ticket distributor or a principal thereof which owns or controls a fifty

percent or greater interest in such ticket distributor or which owns or

controls less than a fifty percent interest but at least a twenty-five

percent interest in such ticket distributor and actively participates in

the day-to-day management of such ticket distributor or otherwise

exercises managerial control:

(a) has, for a period in excess of ten years, produced or presented

events at the same place of entertainment or produced or presented

events under the same corporate or organizational name; or

(b) controls, is controlled by or under common control with any ticket

distributor which has, for a period in excess of ten years, produced or

presented events at the same place of entertainment or produced or

presented events under the same corporate or organizational name; or

(c) maintains minimum net capital of one hundred thousand dollars or

minimum net worth or, if a corporation, shareholder's equity of two

hundred thousand dollars; or

(d) offers or sells advance tickets of admission to a theatre or other

place of entertainment as defined in section 23.03 of this article (i)

which contains no more than ninety-nine seats for paying customers, or

(ii) for which the average ticket sale revenues, as measured over the

preceding fifty-two week period, does not exceed two thousand five

hundred dollars per week for each week for which tickets are sold; or

(e) is a not-for-profit, educational, charitable, or tax-exempt

organization which sells tickets to an event produced or presented by

the organization.

The attorney general may from time to time make, amend and rescind

such rules and regulations as are necessary to carry out the provisions

of this article, notwithstanding any other provision of this section,

providing for exemptions therefrom when he finds such action is not

inconsistent with the public interest and defining any terms, whether or

not used in this article, insofar as the definitions are not

inconsistent with the provisions of such article.