2010 New York Code
ACA - Arts and Cultural Affairs
Article 25 - (25.01 - 25.35) TICKETS TO PLACES OF ENTERTAINMENT
25.13 - Licensing of ticket resellers.

* § 25.13. Licensing  of  ticket  resellers.  1.  No  person,  firm or
  corporation shall resell or engage in  the  business  of  reselling  any
  tickets  to  a  place of entertainment or operate an internet website or
  any other electronic service that provides a mechanism for two  or  more
  parties  to  participate  in  a  resale  transaction or that facilitates
  resale transactions by the means of  an  auction,  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 for
  each location at which business will be conducted from the secretary  of
  state. Any operator or manager of a website that serves as a platform to
  facilitate  resale,  or  resale by way of a competitive bidding process,
  solely between third parties and does not in any other manner engage  in
  resales  of  tickets to places of entertainment shall be exempt from the
  licensing requirements of this section. The department  of  state  shall
  issue  and deliver to such applicant a certificate or license to conduct
  such business  and  to  own,  conduct  or  maintain  a  bureau,  agency,
  sub-agency,  office or branch office for the conduct of such business on
  the premises stated in such application upon the payment by or on behalf
  of the applicant of a fee of five thousand 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  the
  secretary  of  state. Such license or certificate shall run to the first
  day of January next ensuing the date thereof, unless sooner  revoked  by
  the  secretary  of  state.  Such license or certificate shall be granted
  upon a  written  application  setting  forth  such  information  as  the
  secretary  of  state  may require in order to enable him or her to carry
  into effect the provisions of this article and shall be  accompanied  by
  proof  satisfactory  to the secretary of state of the moral character of
  the applicant.
    2. No operator's agent shall sell or convey tickets to  any  secondary
  ticket reseller owned or controlled by the operator's agent.
    3.  The  operator  or  the promoter shall determine whether a seat for
  which a ticket is for sale has an obstructed view,  and  shall  disclose
  such  obstruction.  Every  sale or resale of such ticket shall include a
  disclosure of such obstructed view.
    4. If any licensee under this section demonstrates that their business
  provides a service to facilitate ticket  transactions  without  charging
  any  fees, surcharges or service charges above the established price, on
  every transaction,  except  a  reasonable  and  actual  charge  for  the
  delivery  of  tickets,  then  the  fees for licensing under this section
  shall be waived.
    * NB Effective until May 16, 2011
    * § 25.13. Printing price on ticket. Every person, firm or corporation
  who owns,  operates  or  controls  a  theatre,  place  of  amusement  or
  entertainment,  or other place where public exhibitions, games, contests
  or performances are held shall, if a  price  be  charged  for  admission
  thereto,  print on the face of each such ticket or other evidence of the
  right of entry the price  charged  therefor  by  such  person,  firm  or
  corporation. Such person, firm or corporation shall likewise be required
  to  print  or  endorse  thereon  the  maximum premium (not to exceed two
  dollars, plus lawful taxes), at which such ticket or other  evidence  of
  the  right  of  entry  may  be resold or offered for resale. It shall be
  unlawful for any person, firm or  corporation  to  resell  or  offer  to
  resell  such  ticket  or  other  evidence  of  the right of entry at any
  premium or price in excess of such maximum premium printed  or  endorsed
  thereon,  plus  lawful  taxes,  or  so  that  the  ultimate price to the
  purchaser of such ticket shall exceed a sum in  excess  of  two  dollars
  over  and  above  the original price charged for admission as printed on

the face of each such ticket or other evidence of the  right  of  entry,
  plus lawful taxes.
    * NB Effective May 16, 2011

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