N.Y. Arts and Cultural Affairs Law § 25.10: Ticket resale requirements

* § 25.10. Ticket resale requirements. 1. It shall be unlawful for a

licensee or other ticket reseller to contract for the sale of tickets,

contract to obtain tickets for another, or accept consideration for

payment in full or for a deposit for the sale of tickets unless such

licensee or other ticket reseller meets one or more of the following

requirements:

(a) such licensee or other ticket reseller has the offered ticket in

its possession;

(b) such licensee or other ticket reseller has a written contract to

obtain the offered ticket at a certain price from a person in possession

of the ticket or from a person who has a contractual right to obtain

such ticket; or

(c) such licensee or other ticket reseller informs the purchaser in a

clear and conspicuous manner and in plain language at the time of

offering such ticket for sale and in a written notice prior to the

completion of the transaction that such licensee or other ticket

reseller does not have possession of the ticket, has no contract to

obtain the offered ticket at a certain price from a person in possession

of the ticket or from a person who has a contractual right to obtain

such ticket, may not be able to supply the ticket at the contracted

price or range of prices, and requires such purchaser to expressly

confirm prior to completing the transaction that the purchaser has read

such notice.

2. Nothing in this section shall prohibit a licensee or other ticket

reseller from accepting a deposit from a prospective purchaser for a

resale pursuant to paragraph (c) of subdivision one of this section,

provided that such licensee or other ticket reseller informs the

purchaser in writing prior to receipt of consideration of the terms of

the deposit agreement, and includes in the written notice the

disclosures otherwise required by this section. If a licensee or ticket

reseller has entered into a contract with or received consideration from

a prospective purchaser for the sale of a ticket or tickets and cannot

supply such ticket or tickets at the contracted price or price range,

such licensee or ticket reseller shall refund any monies paid by such

prospective purchaser within ten business days of receipt of a request

for a refund from such purchaser.

3. Nothing in this section 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 section shall be construed

as making lawful any fraudulent, deceptive, or illegal act or practice

that is unlawful pursuant to now existing laws or regulations.

4. The attorney general shall have jurisdiction to enforce the

provisions of this section in accordance with the powers granted to him

or her by section sixty-three of the executive law.

* NB Repealed July 1, 2027