2010 New York Code
ACA - Arts and Cultural Affairs
Article 25 - (25.01 - 25.35) TICKETS TO PLACES OF ENTERTAINMENT
25.07 - Ticket prices.

* § 25.07. Ticket   prices.   1.   Every   operator   of  a  place  of
  entertainment shall, if a price be charged for admission thereto,  print
  or endorse on the face of each such ticket the established price, or the
  final auction price if such ticket was sold or resold by auction through
  the operator or its agent.
    2.  Notwithstanding  any  other  provision of law, any person, firm or
  corporation, regardless of whether or not licensed under  this  article,
  that  resells  tickets  or  facilitates  the resale or resale auction of
  tickets between independent parties by any means, must guarantee to each
  purchaser of such resold tickets that the person,  firm  or  corporation
  will  provide  a  full  refund  of  the  amount  paid  by  the purchaser
  (including,  but  not  limited  to,  all   fees,   regardless   of   how
  characterized)  if  any of the following occurs: (a) the event for which
  such ticket has been resold is cancelled, provided that if the event  is
  cancelled then actual handling and delivery fees need not be refunded as
  long  as  such  previously  disclosed guarantee specifies that such fees
  will not be refunded; (b) the ticket received by the purchaser does  not
  grant  the purchaser admission to the event described on the ticket, for
  reasons that  may  include,  without  limitation,  that  the  ticket  is
  counterfeit  or  that the ticket has been cancelled by the issuer due to
  non-payment, or that the event described on the ticket was cancelled for
  any reason prior to purchase of the resold ticket, unless the ticket  is
  cancelled due to an act or omission by such purchaser; or (c) the ticket
  fails  to  conform to its description as advertised unless the buyer has
  pre-approved a substitution of tickets.
    3. Prior to the payment of a refund it shall be the obligation of  the
  seller  and  purchaser  to  first make a good faith effort to remedy any
  disputes where the seller and purchaser have agreed to terms established
  by the licensee or website manager for the disposition of disputes as  a
  condition to facilitate the transaction.
    * NB Effective until May 16, 2011
    * § 25.07. Bond.  The  commissioner  shall require the applicant for a
  license to file with the application therefor a bond in due form to  the
  people  of  the political subdivision in which such license is issued in
  the penal sum of one thousand  dollars,  with  two  or  more  sufficient
  sureties  or  a  duly  authorized  surety  company,  which bond shall be
  approved by such commissioner. Each such bond shall be conditioned  that
  the  obligor  will  not  be  guilty  of any fraud or extortion, will not
  violate directly or indirectly any of the provisions of this article  or
  any of the provisions of the license or certificate provided for in this
  article,  will  comply  with the provisions of this article and will pay
  all damages occasioned to any person  by  reason  of  any  misstatement,
  misrepresentation,  fraud  or  deceit or any unlawful act or omission of
  such obligor, his agents or employees, while acting within the scope  of
  their  employment,  made,  committed  or  omitted in connection with the
  provisions of this article in the business conducted under such  license
  or  caused  by  any  other  violation of this article in carrying on the
  business for which such license is granted. Such commissioner shall keep
  books wherein shall  be  entered  in  alphabetical  order  all  licenses
  granted  and  all bonds received by him as provided for in this article,
  the date of the issuance of such license and the filing of  such  bonds,
  which  record  shall  be open to public inspection. A suit to recover on
  the bond required to be filed by the provisions of this article  may  be
  brought  in the name of the person damaged, upon the bond deposited with
  the political subdivision  by  such  licensed  person,  in  a  court  of
  competent  jurisdiction.  The amount of damages claimed by the plaintiff
  and not the penalty named in the bond shall determine  the  jurisdiction
  of  the  court in which the action is brought. One or more recoveries or

payments upon such bond shall not vitiate the same but such  bond  shall
  remain  in  full force and effect, provided, however, that the aggregate
  amount of all such recoveries or payments shall not exceed the penal sum
  thereof.  Upon  the  commencement  of  any action or actions against the
  surety upon any such bond for a sum or sums aggregating or exceeding the
  amount of such bond the commissioner shall require a new and  additional
  bond  in  like amount as the original one, which shall be filed with the
  commissioner within thirty days after the demand  therefor.  Failure  to
  file  such  bond  within  such  period  shall  constitute  cause for the
  revocation of the license theretofore issued to the licensee  upon  whom
  such  demand shall have been made. Any suit or action against the surety
  on any bond  required  by  the  provisions  of  this  section  shall  be
  commenced within one year after the cause of action shall have accrued.
    * NB Effective May 16, 2011

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