2006 New York Code - Procurement Or Sale Of Tickets, Reservations Or Passenger Accommodations.

 
    §  20-744  Procurement  or  sale of tickets, reservations or passenger
  accommodations. a. It is hereby determined and declared that  the  price
  or  charge  for  the  procurement  on  behalf of another, by purchase or
  otherwise or upon the sale or resale, within the corporate limits of the
  city of New York, of tickets, reservations or  passenger  accommodations
  issued  by  any  railroad,  parlor  or  sleeping  car owner or operator,
  steamship company, air line or bus line is  a  matter  affected  with  a
  public  interest  and  subject  to the supervision of the authorities of
  said city for the purpose of  safeguarding  the  public  against  fraud,
  extortion, exorbitant rates and similar abuses.
    b.  It  shall  be  unlawful for any person to require, charge, make or
  receive, within the corporate limits of the city of New  York,  for  the
  procurement  on  behalf  of  another,  by  purchase or otherwise, of any
  ticket, reservation or passenger accommodation, issued by any  railroad,
  parlor or sleeping car owner or operator, steamship company, air line or
  bus  line,  a  fee or service charge or any payment or consideration for
  rendering  such  service  in  excess  of  one  dollar  for   the   first
  transportation  ticket,  reservation or passenger accommodation or first
  parlor car or sleeping car reservation or passenger accommodation, or in
  excess of one dollar for any additional transportation ticket or  parlor
  car  or  sleeping  car  reservation  or passenger accommodation over the
  established tariff charge or charges therefor.
    c. It shall be unlawful for any person to procure on behalf of another
  person, within the corporate limits of the city of New York by  purchase
  or otherwise, any ticket, reservation or passenger accommodation, issued
  by  any  railroad,  parlor  or sleeping car owner or operator, steamship
  company, air line or bus line, with the intent,  with  respect  to  such
  other  person,  to  require, charge, make or receive a service charge or
  any payment or consideration for rendering  service  in  excess  of  the
  amount  or  amounts  hereinabove  specified  in  subdivision  b over the
  established tariff charge or charges therefor.
    Proof of the making of a service charge  or  of  the  receipt  of  any
  payment  or  consideration,  in  connection with the procurement of such
  ticket, reservation or passenger accommodation, for such  other  person,
  in  excess of the amount or amounts hereinabove specified in subdivision
  b, over such established tariff charge or charges, shall be  presumptive
  evidence of the intent mentioned in the next preceding subdivision.
    d.  It shall be unlawful for any person to sell, resell or cause to be
  resold, within the corporate limits of the city of New York, any ticket,
  reservation or passenger accommodation, issued by any  railroad,  parlor
  or  sleeping  car  owner or operator, steamship company, air line or bus
  line, at a  price  in  excess  of  the  amount  or  amounts  hereinabove
  specified in subdivision b over the established tariff charge or charges
  therefor.
    e.  It  shall  be  unlawful  for  any  person  to  procure, within the
  corporate limits of the city of New York, by purchase or otherwise,  any
  ticket,  reservation or passenger accommodation, issued by any railroad,
  parlor or sleeping car owner or operator, steamship company, air line or
  bus line, with the intent to sell or resell the same, or cause the  same
  to  be  sold  or  resold,  at a price in excess of the amount or amounts
  hereinabove specified in  subdivision  b  over  the  established  tariff
  charge or charges therefor.
    Proof  of  the sale or resale of such ticket, reservation or passenger
  accommodation or combination thereof at a price in excess of the  amount
  or  amounts hereinabove specified in subdivision b over such established
  tariff charge or charges shall be presumptive  evidence  of  the  intent
  mentioned in the next preceding subdivision.


    f.  The  term "person" as used in this section includes any officer or
  employee of a corporation or a member or employee of a partnership  who,
  as  such  officer,  member  or  employee,  is responsible for the act in
  respect of which the violation occurs.
    The  term "established tariff charge" shall be the charge set forth in
  the tariff as published and filed by the railroad,  parlor  or  sleeping
  car owner or operator, steamship company, air line or bus line involved.
    g. The person responsible for the management of each travel agency and
  hotel  operating  within  the  corporate  limits of the city of New York
  shall cause a copy of this subchapter to  be  posted  in  a  conspicuous
  place  upon  the  premises of the agency or hotel for the information of
  patrons, guests and members of the public at large.
    h. Any person violating any of the provisions of this subchapter shall
  be guilty of a misdemeanor and, upon conviction, shall be punished by  a
  fine  not exceeding one hundred dollars or by imprisonment not exceeding
  ten days or both, for each separate offense.
    i. This  subchapter  shall  not  apply  to  tickets,  reservations  or
  passenger   accommodations:  (a)  to  or  from  places  outside  of  the
  continental United States and  Canada,  excluding  Alaska;  nor  (b)  to
  existing  written contracts between any travel agency with corporations,
  firms or government agencies covering tourist or travel services.