2010 New York Code
ACA - Arts and Cultural Affairs
Title G - REGULATION OF SALE OF THEATRE TICKETS
Article 25 - (25.01 - 25.35) TICKETS TO PLACES OF ENTERTAINMENT
25.03 - Definitions.

* § 25.03. Definitions.   As   used  in  this  article  the  term:  1.
  "Entertainment" means all forms  of  entertainment  including,  but  not
  limited  to,  theatrical  or  operatic  performances,  concerts,  motion
  pictures, all forms of entertainment at fair  grounds,  amusement  parks
  and  all  types of athletic competitions including football, basketball,
  baseball, boxing, tennis, hockey, and any other  sport,  and  all  other
  forms of diversion, recreation or show.
    2.  "Established  price"  means the price fixed at the time of sale by
  the operator of any place of entertainment for admission thereto,  which
  must be printed or endorsed on each ticket of admission.
    3. "Final auction price" shall mean the price paid for a single ticket
  by  a  winning bidder. In the case of a single action price for a ticket
  package, including packages containing tickets to multiple  events,  the
  final auction price per ticket shall be established by evenly dividing a
  prorated  share  of  the  winning  bid, which shall be determined by the
  seller, by the number of tickets to such event.
    4.  "Not-for-profit  organization"  means   a   domestic   corporation
  incorporated  pursuant  to  or  otherwise  subject to the not-for-profit
  corporation  law,  a  charitable  organization   registered   with   the
  department  of  law,  a  religious  corporation  as  defined  in section
  sixty-six of the general construction  law,  a  trustee  as  defined  in
  section  8-1.4  of the estates, powers and trusts law, an institution or
  corporation  formed  pursuant  to  the  education  law,  a  special  act
  corporation  created pursuant to chapter four hundred sixty-eight of the
  laws  of  eighteen  hundred  ninety-nine,  as  amended,  a  special  act
  corporation formed pursuant to chapter two hundred fifty-six of the laws
  of  nineteen  hundred  seventeen,  as  amended, a corporation authorized
  pursuant to an act of congress approved January fifth, nineteen  hundred
  five, (33 stat. 599), as amended, a corporation established by merger of
  charitable  organizations pursuant to an order of the supreme court, New
  York county dated July twenty-first,  nineteen  hundred  eighty-six  and
  filed  in the department of state on July twenty-ninth, nineteen hundred
  eighty-six, or a corporation having tax exempt status under section  501
  (c) (3) of the United States Internal Revenue Code, and shall further be
  deemed to mean and include any federation of charitable organizations.
    5. "Operator" means any person who owns, operates, or controls a place
  of entertainment or who promotes or produces an entertainment.
    6.  "Place of entertainment" means any privately or publicly owned and
  operated entertainment facility  such  as  a  theatre,  stadium,  arena,
  racetrack,  museum,  amusement  park, or other place where performances,
  concerts, exhibits, athletic games or contests are  held  for  which  an
  entry fee is charged.
    7.  "Physical  structure"  means the place of entertainment, or in the
  case where a structure either partially or wholly surrounds the place of
  entertainment, such surrounding structure.
    8. "Resale" means any sale of a ticket for  entrance  to  a  place  of
  entertainment  located  within  the  boundaries of the state of New York
  other than a sale by  the  operator  or  the  operator's  agent  who  is
  expressly  authorized  to make first sales of such tickets. Resale shall
  include sales by  any  means,  including  in  person,  or  by  means  of
  telephone,  mail,  delivery service, facsimile, internet, email or other
  electronic means, where the venue for which the ticket grants  admission
  is  located  in New York state. Except as provided in sections 25.11 and
  25.27 of this article, the term "resale" shall not apply to any  person,
  firm or corporation which purchases any tickets solely for their own use
  or  the  use  of their invitees, employees and agents or which purchases
  tickets on behalf of others and resells such tickets to  such  invitees,
  employees  and  agents  or others at or less than the established price.

Similarly, the term "resale"  shall  not  apply  to  any  not-for-profit
  organization,   or  person  acting  on  behalf  of  such  not-for-profit
  organization, as long as any profit realized from  ticket  reselling  is
  wholly dedicated to the purposes of such not-for-profit organization.
    9.  "Ticket"  means any evidence of the right of entry to any place of
  entertainment.
    10. "Ticket office" means a building or other structure located  other
  than  at  the  place  of  entertainment,  at  which  the operator or the
  operator's agent offers tickets for first sale to the public.
    * NB Effective until May 16, 2011
    * § 25.03. Reselling of tickets of admission; licenses;  fees.  1.  No
  person,  firm  or  corporation shall resell or engage in the business of
  reselling any tickets of admission or any other evidence of the right of
  entry to a theatre, place of amusement or entertainment, or other places
  where public exhibitions, games, contests or performances are  held,  or
  own,  conduct  or  maintain any office, branch office, bureau, agency or
  sub-agency for such business without having first procured a license  or
  certificate  therefor from the commissioner of licenses of the political
  subdivision in which such person intends to conduct such business and if
  there be no such commissioner, then the chief executive officer  thereof
  shall be deemed to be the commissioner for the purposes of this article.
  A  license for the principal office shall be granted upon the payment by
  or on behalf of the applicant of a fee of two hundred dollars and  shall
  be  renewed  upon  the payment of a like fee annually; and a certificate
  shall be granted for each branch office, bureau, agency  or  sub-agency,
  upon  payment  by or on behalf of an applicant of a fee of fifty dollars
  and shall be renewed upon the payment  of  a  like  fee  annually.  Such
  license  or  certificate shall not be transferred or assigned, except by
  permission of such commissioner.  No  change  in  the  location  of  the
  premises covered by such license or certificate shall be made, except by
  permission  of  such  commissioner, and upon the payment of a fee of ten
  dollars. Such license or certificate shall  run  to  the  first  day  of
  January  next  ensuing  the  date thereof, unless sooner revoked by such
  commissioner. Such license  or  certificate  shall  be  granted  upon  a
  written  application setting forth such information as such commissioner
  may require in order to enable him to carry into effect  the  provisions
  of  this  article and shall be accompanied by proof satisfactory to such
  commissioner of the moral character of  the  applicant.  No  license  or
  certificate  shall  be  issued  for any office or branch office, bureau,
  agency or sub-agency unless such office or branch office, bureau, agency
  or sub-agency shall be a suitable place for the conduct of said business
  and shall meet with the approval of such commissioner.
    2. This section shall not apply to any  person,  firm  or  corporation
  which  purchases  any tickets as defined in this section with the intent
  of using the tickets solely for their  own  use  or  the  use  of  their
  invitees, employees and agents and resells them at a price not in excess
  of that permitted by section 25.13 of this article should they no longer
  be able to use them.
    * NB Effective May 16, 2011

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