N.Y. Arts and Cultural Affairs Law § 25.25: Records of purchases and sales

* § 25.25. Records of purchases and sales. 1. Every licensee shall at

all times keep full and accurate sets of records showing: (a) the prices

at which all tickets have been bought and sold by such licensee; and (b)

the names and addresses of the person, firm or corporation from whom

they were bought. Operators offering for initial sale tickets by means

of an auction shall maintain a record of the price when known and the

number of tickets and types of seats offered through auction. These

records shall be made available upon request to the state attorney

general, the secretary of state, or other governmental body with the

express authority to enforce any section of this article; provided,

however, that the records required to be maintained by this section

shall be considered proprietary in nature and shall be governed by the

protections set forth in subdivision five of section eighty-nine of the

public officers law. These records shall be retained for a period of not

less than ten years.

2. Twice annually, on June thirtieth and December thirty-first, every

licensee that resells tickets or facilitates the resale or resale

auction of tickets between independent parties by any and all means

shall report to the department of state the total number of, and average

resale or average final resale auction price of, all tickets to each

ticketed event, provided, however, that repeat performances of a single

event, and multiple events that are part of a season-long performance

shall be treated as a single event for the purposes of the reporting

requirement of this subdivision. The information required to be reported

by this section shall be considered proprietary in nature and shall be

governed by the protections set forth in subdivision five of section

eighty-nine of the public officers law, and shall be used exclusively

for analytical purposes by the department of state.

* NB Effective until July 1, 2027

* § 25.25. Violations; penalties. 1. Every person, firm or corporation

who resells any such ticket or other evidence of right of entry or

engages in the business of reselling any such ticket or other evidence

of the right of entry, without first having procured the license

prescribed and filing of a bond required by this article shall be guilty

of a misdemeanor. Every person, firm or corporation who violates any

provision of this article shall be guilty of a misdemeanor. A conviction

for any violation hereof shall be punishable by a fine not to exceed two

hundred fifty dollars for the first violation, five hundred dollars for

the second violation and one thousand dollars for any subsequent

violation or by imprisonment for a period not to exceed one year, or

both such fine and imprisonment as herein provided.

2. Notwithstanding the provisions of subdivision one of this section,

any person who has not previously been convicted of violating this

section and who sells less than six tickets shall be guilty of a

violation, and upon conviction shall be punishable by a fine not to

exceed one hundred dollars.

* NB Effective July 1, 2027