N.Y. ACA Law § 25.07 — New York Code / Act ACA / Title G / Article 25 / Section 25.07
Ticket prices
Status: in_force

* § 25.07. Ticket prices. 1. Every operator of a place of\nentertainment shall, if a price be charged for admission thereto, print\nor endorse on the face of each such ticket the established price, or the\nfinal auction price if such ticket was sold or resold by auction through\nthe operator or its agent.\n  2. Notwithstanding any other provision of law, any person, firm or\ncorporation, regardless of whether or not licensed under this article,\nthat resells tickets or facilitates the resale or resale auction of\ntickets between independent parties by any means, must guarantee to each\npurchaser of such resold tickets that the person, firm or corporation\nwill provide a full refund of the amount paid by the purchaser\n(including, but not limited to, all fees, regardless of how\ncharacterized) if any of the following occurs: (a) the event for which\nsuch ticket has been resold is cancelled, provided that if the event is\ncancelled then actual handling and delivery fees need not be refunded as\nlong as such previously disclosed guarantee specifies that such fees\nwill not be refunded; (b) the ticket received by the purchaser does not\ngrant the purchaser admission to the event described on the ticket, for\nreasons that may include, without limitation, that the ticket is\ncounterfeit or that the ticket has been cancelled by the issuer due to\nnon-payment, or that the event described on the ticket was cancelled for\nany reason prior to purchase of the resold ticket, unless the ticket is\ncancelled due to an act or omission by such purchaser; or (c) the ticket\nfails to conform to its description as advertised unless the buyer has\npre-approved a substitution of tickets.\n  3. Prior to the payment of a refund it shall be the obligation of the\nseller and purchaser to first make a good faith effort to remedy any\ndisputes where the seller and purchaser have agreed to terms established\nby the licensee or website manager for the disposition of disputes as a\ncondition to facilitate the transaction.\n  4. Every operator or operator's agent of a place of entertainment, any\nlicensee or other ticket reseller, or platform that facilitates the sale\nor resale of tickets shall disclose the total cost of the ticket,\ninclusive of all ancillary fees that must be paid in order to purchase\nthe ticket, and disclose in a clear and conspicuous manner the portion\nof the ticket price stated in dollars that represents a service charge,\nor any other fee or surcharge to the purchaser. Such disclosure of the\ntotal cost and fees shall be displayed in the ticket listing prior to\nthe ticket being selected for purchase. Disclosures of subtotals, fees,\ncharges, and any other component of the total price shall not be false\nor misleading, and may not be presented more prominently or in the same\nor larger size as the total price. The price of the ticket shall not\nincrease during the purchase process, excluding reasonable fees for the\ndelivery of non-electronic tickets based on the delivery method selected\nby the purchaser, which shall be disclosed prior to accepting payment\ntherefor. Nothing in this subdivision shall be construed to nullify,\nexpand, restrict, or otherwise amend or modify now existing laws or\nregulations outside of this article, and nothing in this subdivision\nshall be construed as making lawful any fraudulent, deceptive, or\nillegal act or practice that is unlawful pursuant to now existing laws\nor regulations.\n  * NB Effective until July 1, 2027\n  * § 25.07. Bond. The commissioner shall require the applicant for a\nlicense to file with the application therefor a bond in due form to the\npeople of the political subdivision in which such license is issued in\nthe penal sum of one thousand dollars, with two or more sufficient\nsureties or a duly authorized surety company, which bond shall be\napproved by such commissioner. Each such bond shall be conditioned that\nthe obligor will not be guilty of any fraud or extortion, will not\nviolate directly or indirectly any of the provisions of this article or\nany of the provisions of the license or certificate provided for in this\narticle, will comply with the provisions of this article and will pay\nall damages occasioned to any person by reason of any misstatement,\nmisrepresentation, fraud or deceit or any unlawful act or omission of\nsuch obligor, his agents or employees, while acting within the scope of\ntheir employment, made, committed or omitted in connection with the\nprovisions of this article in the business conducted under such license\nor caused by any other violation of this article in carrying on the\nbusiness for which such license is granted. Such commissioner shall keep\nbooks wherein shall be entered in alphabetical order all licenses\ngranted and all bonds received by him as provided for in this article,\nthe date of the issuance of such license and the filing of such bonds,\nwhich record shall be open to public inspection. A suit to recover on\nthe bond required to be filed by the provisions of this article may be\nbrought in the name of the person damaged, upon the bond deposited with\nthe political subdivision by such licensed person, in a court of\ncompetent jurisdiction. The amount of damages claimed by the plaintiff\nand not the penalty named in the bond shall determine the jurisdiction\nof the court in which the action is brought. One or more recoveries or\npayments upon such bond shall not vitiate the same but such bond shall\nremain in full force and effect, provided, however, that the aggregate\namount of all such recoveries or payments shall not exceed the penal sum\nthereof. Upon the commencement of any action or actions against the\nsurety upon any such bond for a sum or sums aggregating or exceeding the\namount of such bond the commissioner shall require a new and additional\nbond in like amount as the original one, which shall be filed with the\ncommissioner within thirty days after the demand therefor. Failure to\nfile such bond within such period shall constitute cause for the\nrevocation of the license theretofore issued to the licensee upon whom\nsuch demand shall have been made. Any suit or action against the surety\non any bond required by the provisions of this section shall be\ncommenced within one year after the cause of action shall have accrued.\n  * NB Effective July 1, 2027\n