N.Y. Arts and Cultural Affairs Law § 25.07: Ticket prices

* § 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 the face of each such ticket the established price, or the

final auction price if such ticket was sold or resold by auction through

the operator or its agent.

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.

4. Every operator or operator's agent of a place of entertainment, any

licensee or other ticket reseller, or platform that facilitates the sale

or resale of tickets shall disclose the total cost of the ticket,

inclusive of all ancillary fees that must be paid in order to purchase

the ticket, and disclose in a clear and conspicuous manner the portion

of the ticket price stated in dollars that represents a service charge,

or any other fee or surcharge to the purchaser. Such disclosure of the

total cost and fees shall be displayed in the ticket listing prior to

the ticket being selected for purchase. Disclosures of subtotals, fees,

charges, and any other component of the total price shall not be false

or misleading, and may not be presented more prominently or in the same

or larger size as the total price. The price of the ticket shall not

increase during the purchase process, excluding reasonable fees for the

delivery of non-electronic tickets based on the delivery method selected

by the purchaser, which shall be disclosed prior to accepting payment

therefor. Nothing in this subdivision shall be construed to nullify,

expand, restrict, or otherwise amend or modify now existing laws or

regulations outside of this article, and nothing in this subdivision

shall be construed as making lawful any fraudulent, deceptive, or

illegal act or practice that is unlawful pursuant to now existing laws

or regulations.

* NB Effective until July 1, 2027

* § 25.07. Bond. The commissioner shall require the applicant for a

license to file with the application therefor a bond in due form to the

people of the political subdivision in which such license is issued in

the penal sum of one thousand dollars, with two or more sufficient

sureties or a duly authorized surety company, which bond shall be

approved by such commissioner. Each such bond shall be conditioned that

the obligor will not be guilty of any fraud or extortion, will not

violate directly or indirectly any of the provisions of this article or

any of the provisions of the license or certificate provided for in this

article, will comply with the provisions of this article and will pay

all damages occasioned to any person by reason of any misstatement,

misrepresentation, fraud or deceit or any unlawful act or omission of

such obligor, his agents or employees, while acting within the scope of

their employment, made, committed or omitted in connection with the

provisions of this article in the business conducted under such license

or caused by any other violation of this article in carrying on the

business for which such license is granted. Such commissioner shall keep

books wherein shall be entered in alphabetical order all licenses

granted and all bonds received by him as provided for in this article,

the date of the issuance of such license and the filing of such bonds,

which record shall be open to public inspection. A suit to recover on

the bond required to be filed by the provisions of this article may be

brought in the name of the person damaged, upon the bond deposited with

the political subdivision by such licensed person, in a court of

competent jurisdiction. The amount of damages claimed by the plaintiff

and not the penalty named in the bond shall determine the jurisdiction

of the court in which the action is brought. One or more recoveries or

payments upon such bond shall not vitiate the same but such bond shall

remain in full force and effect, provided, however, that the aggregate

amount of all such recoveries or payments shall not exceed the penal sum

thereof. Upon the commencement of any action or actions against the

surety upon any such bond for a sum or sums aggregating or exceeding the

amount of such bond the commissioner shall require a new and additional

bond in like amount as the original one, which shall be filed with the

commissioner within thirty days after the demand therefor. Failure to

file such bond within such period shall constitute cause for the

revocation of the license theretofore issued to the licensee upon whom

such demand shall have been made. Any suit or action against the surety

on any bond required by the provisions of this section shall be

commenced within one year after the cause of action shall have accrued.

* NB Effective July 1, 2027