N.Y. Arts and Cultural Affairs Law § 25.24: Ticket purchasing software

§ 25.24. Ticket purchasing software. 1. The term " ticket purchasing

software" shall mean, any machine, device, computer program or computer

software that, on its own or with human assistance, bypasses security

measures or access control systems on a retail ticket purchasing

platform, or other controls or measures on a retail ticket purchasing

platform that assist in implementing a limit on the number of tickets

that can be purchased, to purchase tickets. For purposes of this

section, the term "retail ticket purchasing platform" shall mean a

retail ticket purchasing website, application, phone system, or other

technology platform used to sell tickets.

2. (a) It shall be unlawful for any person, firm, corporation or other

entity to utilize ticket purchasing software to purchase tickets.

(b) It shall be unlawful for any person, firm, corporation or other

entity to knowingly resell or offer to resell a ticket that such person,

firm, corporation or other entity knows was obtained using ticket

purchasing software and was not obtained for their own use or the use of

their invitees, employees, or agents.

3. (a) Any person, firm, corporation or other entity who knowingly

utilizes ticket purchasing software in order to purchase tickets shall

be subject to a civil penalty in an amount of no less than one thousand

dollars and no more than two thousand five hundred dollars for each such

violation and shall forfeit all profits made from the sale of any such

unlawfully obtained tickets.

4. Any person, firm, corporation or other entity who intentionally

maintains any interest in or maintains any control of the operation of

ticket purchasing software to purchase tickets shall be subject to a

civil penalty in an amount of no less than one thousand dollars and no

more than two thousand five hundred dollars for each such violation and

shall forfeit all profits made from the sale of any such unlawfully

obtained tickets.

5. Any person, firm, corporation or other entity who knowingly resells

or offers to resell a ticket that such person, firm, corporation or

other entity knows was obtained using ticket purchasing software and was

not obtained for their own use or the use of their invitees, employees,

or agents shall be subject to a civil penalty in an amount of no less

than one thousand dollars and no more than two thousand five hundred

dollars for each such violation and shall forfeit all profits made from

the sale of any such unlawfully obtained ticket.

6. Any person who is subject to a civil penalty under this section and

has been assessed a penalty under this section in the previous three

years shall be guilty of a violation and may be fined no less than two

thousand dollars and no more than ten thousand dollars for each such

violation and shall forfeit all profits from the sale of any such

unlawfully obtained tickets. In addition, a person convicted of a

violation under this section may be required to forfeit any and all

equipment used in the unlawful purchasing of tickets.

7. 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.

8. In addition to the power given to the attorney general to enforce

the provisions of this section, any place of entertainment, as defined

by section 23.03 of this chapter, or any aggrieved party that has been

injured by wrongful conduct prescribed by this section may bring an

action to recover all actual damages suffered as a result of any of such

wrongful conduct. The court in its discretion may award damages up to

three times the amount of actual damages. The court may enjoin the

respondent from any and all activity prohibited under this section. The

court may also award reasonable attorney's fees and costs.

9. Any person, firm, corporation or other entity who for the purpose

of selling or offering to sell tickets in order to derive a profit

therefrom (i) intentionally utilizes ticket purchasing software to

purchase such tickets, (ii) intentionally maintains any interest in or

maintains any control of the operation of ticket purchasing software

which is used to purchase such tickets, or (iii) knowingly resells or

offers to resell a ticket that such person, firm, corporation or other

entity knows was obtained using ticket purchasing software and was not

obtained for their own use or the use of their invitees, employees, or

agents, shall be guilty of a class A misdemeanor.

10. Any person, firm, corporation or other entity who is a licensee

under this article who is adjudicated guilty of the following acts may

lose their license and may be barred from licensure under this article

for a period not to exceed three years to be determined by the

department of state pursuant to section 25.31 of this article if such

licensee: (a) knowingly utilized ticket purchasing software in order to

purchase tickets; (b) knowingly resold or offered to resell a ticket

that such licensee knew was obtained using ticket purchasing software;

or (c) intentionally maintained any interest in or maintained any

control of the operation of ticket purchasing software to purchase

tickets.