N.Y. Arts and Cultural Affairs Law § 25.03: Definitions

* § 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. "Final auction price" shall mean the price paid for a single ticket

by a winning bidder. In the case of a single action price for a ticket

package, including packages containing tickets to multiple events, the

final auction price per ticket shall be established by evenly dividing a

prorated share of the winning bid, which shall be determined by the

seller, by the number of tickets to such event.

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 twenty-ninth, 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.

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.

* NB Effective until July 1, 2027

* § 25.03. Reselling of tickets of admission; licenses; fees. 1. No

person, firm or corporation shall resell or engage in the business of

reselling any tickets of admission or any other evidence of the right of

entry to a theatre, place of amusement or entertainment, or other places

where public exhibitions, games, contests or performances are held, or

own, conduct or maintain any office, branch office, bureau, agency or

sub-agency for such business without having first procured a license or

certificate therefor from the commissioner of licenses of the political

subdivision in which such person intends to conduct such business and if

there be no such commissioner, then the chief executive officer thereof

shall be deemed to be the commissioner for the purposes of this article.

A license for the principal office shall be granted upon the payment by

or on behalf of the applicant of a fee of two hundred dollars and shall

be renewed upon the payment of a like fee annually; and a certificate

shall be granted for each branch office, bureau, agency or sub-agency,

upon payment by or on behalf of an applicant of a fee of fifty dollars

and shall be renewed upon the payment of a like fee annually. Such

license or certificate shall not be transferred or assigned, except by

permission of such commissioner. No change in the location of the

premises covered by such license or certificate shall be made, except by

permission of such commissioner, and upon the payment of a fee of ten

dollars. Such license or certificate shall run to the first day of

January next ensuing the date thereof, unless sooner revoked by such

commissioner. Such license or certificate shall be granted upon a

written application setting forth such information as such commissioner

may require in order to enable him to carry into effect the provisions

of this article and shall be accompanied by proof satisfactory to such

commissioner of the moral character of the applicant. No license or

certificate shall be issued for any office or branch office, bureau,

agency or sub-agency unless such office or branch office, bureau, agency

or sub-agency shall be a suitable place for the conduct of said business

and shall meet with the approval of such commissioner.

2. This section shall not apply to any person, firm or corporation

which purchases any tickets as defined in this section with the intent

of using the tickets solely for their own use or the use of their

invitees, employees and agents and resells them at a price not in excess

of that permitted by section 25.13 of this article should they no longer

be able to use them.

* NB Effective July 1, 2027