N.Y. Arts and Cultural Affairs Law § 23.23: Prohibited activities of ticket distributors

§ 23.23. Prohibited activities of ticket distributors. 1. The term

"ticket distributor" shall mean all owners, operators or operating

lessees whether an individual, firm, company, partnership, corporation,

trust or association who control the operation of a place of

entertainment, as that term is defined in this article, including the

allocation or distribution of tickets to any event, as that term is

defined in this article, and all controlling partners, and controlling

stockholders and controlling officers of the aforesaid; and all agents,

representatives, employees and licensees of any of the aforementioned,

including without limitation box office treasurers and assistant

treasurers of places of entertainment, who for any period of time have

control of the allocation or distribution by designation or authority of

the aforementioned, of tickets in connection with the showing of events,

but shall not include subordinate personnel performing non-discretionary

or ministerial functions in connection with the allocation or

distribution of tickets for events.

2. A "theatrical production" as used in this section shall mean those

live-staged dramatic productions, dramatic-musical productions and

concerts as defined in section 23.03 of this chapter which hereafter are

shown to the public in a place of entertainment.

3. A "sporting event" as used in this section shall mean those

contests, games, or other events involving athletic or physical skills

which are shown to the public in a place of entertainment and whose

participants are paid for the exhibition of their athletic or physical

skills, but not exhibitions under the jurisdiction of the state racing

or state harness racing commissions.

4. It shall be illegal and prohibited for any owner, lessee or

operator or manager or treasurer or assistant treasurer or any other

ticket distributor of a place of entertainment, as defined in this

article, to sell tickets to any event to be held in this state directly

or indirectly, through agents, employees or otherwise, unless and until

there is filed with the department of law of the state of New York by

the ticket distributor, directly or indirectly, controlling the

distribution of tickets a registration known as a "ticket distributor

registration" on which shall be contained the names, addresses and

connection with the distribution of tickets of all ticket distributors,

as defined herein, on forms issued by the attorney general of the state

of New York, as applicable to such registration and amendments thereto.

It shall be illegal for any ticket distributor to sell tickets, or

control the sale thereof, unless named on such registration. The

attorney general may issue an order cancelling or suspending the name of

a particular individual or individuals from such registration or issue

an order barring such person from selling any tickets to any event to be

held in this state as aforesaid whether or not the person's name appears

on any particular registration after a hearing, conducted by him or a

designated officer, when, based upon substantial evidence on the entire

record, it is determined that: such ticket distributor or any person who

resells tickets to any event to be held in this state subsequent to

October first, nineteen hundred sixty-five, directly or indirectly, has

willfully aided, abetted or participated in exacting, demanding,

accepting or receiving, directly or indirectly, any premium or price in

excess of the regular or established price or charge, plus lawful taxes,

as printed upon the face of each ticket or other evidence of the right

of entry thereto, for tickets to any event to be held in this state from

members of the public or ticket brokers or agents, whether designated as

price, gratuity or otherwise; or whenever such ticket distributor has

been convicted of any crime relating to the sale of tickets to any

event, or violations of this article; or whenever such ticket

distributor shall have engaged in any practice in connection with the

sale of tickets to any event which operates as a fraud upon the public

or amounts to financial misconduct, or the exacting of exorbitant rates

or other similar abuses; or whenever any ticket distributor has

willfully violated any provision of this article or any rule or

regulation issued thereunder. The attorney general may also issue rules

and regulations relating to the maintenance of box office records of

places of entertainment and with respect to the filing and content of

ticket distributor registrations, including exemptions relating to

educational institutions which the attorney general may determine to be

in the public interest.

5. All ticket distributors as defined in this section shall keep or

cause to be kept books, records, memoranda or correspondence containing

the following information in connection with the sale or distribution of

tickets:

(a) The number of tickets sold, allocated or distributed to ticket

brokers licensed pursuant to article twenty-five of this chapter or

other known brokers, specifying the price and location of each ticket

sold, allocated or distributed to each broker and the date and time of

performance of each such ticket.

(b) The number of tickets among those allocated and distributed to

brokers by ticket distributors, returned by each broker to ticket

distributors specifying the price of each such returned ticket and the

date and time of performance of each such ticket.

(c) The number of tickets sold or distributed as house seats with

recipients thereof; or to duly licensed theatre party agents

representing charitable or eleemosynary organizations, specifying the

price and location of each ticket sold, allocated or distributed and the

date and time of performance of each such ticket.

(d) All mail order correspondence, including disposition thereof.

All records required to be kept pursuant to this section shall be

preserved for a period of not less than one year subsequent to the date

of performance to which such record relates.

6. Any person aggrieved by an order of the attorney general hereunder

may obtain a review of such order in the appellate division of the

supreme court pursuant to article seventy-eight of the civil practice

law and rules by filing in such court within ten days after the entry of

such order, a notice of petition, petition and suitable affidavits as

provided in subdivision (c) of section seven thousand eight hundred four

of the civil practice law and rules, praying that the order of the

attorney general be modified or set aside in whole or in part upon any

of the grounds set forth in section seven thousand eight hundred three

of the civil practice law and rules.

7. If any provision of this section is in conflict with any provision

of any law of the state of New York or any municipality or subdivision

thereof or any rule or regulation thereof in force on October first,

nineteen hundred sixty-five, the provisions of this section shall

prevail.