Arts and Cultural Affairs - Regulation of Sale of Theatre Tickets - Tickets to Places of Entertainment - Ticket prices

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* § 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.

4. Every operator or operator's agent of a place of entertainment, any
licensee or other ticket reseller or platform that facilitates the
resale of tickets shall disclose in a clear and conspicuous manner the
total price of the ticket and the portion of the ticket price stated in
dollars that represents a service charge, or any other fee or surcharge
prior to accepting payment therefor.

* NB Effective until July 1, 2022

* § 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 July 1, 2022