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

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* § 25.10. Ticket resale requirements. 1. It shall be unlawful for a
licensee or other ticket reseller to contract for the sale of tickets,
contract to obtain tickets for another, or accept consideration for
payment in full or for a deposit for the sale of tickets unless such
licensee or other ticket reseller meets one or more of the following
requirements:

(a) such licensee or other ticket reseller has the offered ticket in
its possession;

(b) such licensee or other ticket reseller has a written contract to
obtain the offered ticket at a certain price from a person in possession
of the ticket or from a person who has a contractual right to obtain
such ticket; or

(c) such licensee or other ticket reseller informs the purchaser in a
clear and conspicuous manner and in plain language at the time of
offering such ticket for sale and in a written notice prior to the
completion of the transaction that such licensee or other ticket
reseller does not have possession of the ticket, has no contract to
obtain the offered ticket at a certain price from a person in possession
of the ticket or from a person who has a contractual right to obtain
such ticket, may not be able to supply the ticket at the contracted
price or range of prices, and requires such purchaser to expressly
confirm prior to completing the transaction that the purchaser has read
such notice.

2. Nothing in this section shall prohibit a licensee or other ticket
reseller from accepting a deposit from a prospective purchaser for a
resale pursuant to paragraph (c) of subdivision one of this section,
provided that such licensee or other ticket reseller informs the
purchaser in writing prior to receipt of consideration of the terms of
the deposit agreement, and includes in the written notice the
disclosures otherwise required by this section. If a licensee or ticket
reseller has entered into a contract with or received consideration from
a prospective purchaser for the sale of a ticket or tickets and cannot
supply such ticket or tickets at the contracted price or price range,
such licensee or ticket reseller shall refund any monies paid by such
prospective purchaser within ten business days of receipt of a request
for a refund from such purchaser.

3. Nothing in this section shall be construed to nullify, expand,
restrict, or otherwise amend or modify now existing laws or regulations
outside of this article, and nothing in this section shall be construed
as making lawful any fraudulent, deceptive, or illegal act or practice
that is unlawful pursuant to now existing laws or regulations.

4. The attorney general shall have jurisdiction to enforce the
provisions of this section in accordance with the powers granted to him
or her by section sixty-three of the executive law.

* NB Repealed July 1, 2022