N.Y. ACA Law § 25.30 — New York Code / Act ACA / Title G / Article 25 / Section 25.30
Operator prohibitions
Status: in_force

* § 25.30. Operator prohibitions. 1. A ticket is a license, issued by\nthe operator of a place of entertainment, for admission to the place of\nentertainment at the date and time specified on the ticket, subject to\nthe terms and conditions as specified by the operator. Notwithstanding\nany other provision of law to the contrary, it shall be prohibited for\nany operator of a place of entertainment, or operator's agent, to:\n  (a) restrict by any means the resale of any tickets included in a\nsubscription or season ticket package as a condition of purchase, as a\ncondition to retain such tickets for the duration of the subscription or\nseason ticket package agreement, or as a condition to retain any\ncontractually agreed upon rights to purchase future subscription or\nseason ticket packages that are otherwise conferred in the subscription\nor season ticket agreement;\n  (b) deny access to a ticket holder who possesses a resold subscription\nor season ticket to a performance based solely on the grounds that such\nticket has been resold; or\n  (c) employ a paperless ticketing system unless the consumer is given\nan option to purchase paperless tickets that the consumer can transfer\nat any price, and at any time, and without additional fees, independent\nof the operator or operator's agent. Notwithstanding the foregoing, an\noperator or operator's agent may employ a paperless ticketing system\nthat does not allow for independent transferability of paperless tickets\nonly if the consumer is offered an option at the time of initial sale to\npurchase the same tickets in some other form that is transferrable\nindependent of the operator or operator's agent including, but not\nlimited to, paper tickets or e-tickets. The established price for any\ngiven ticket shall be the same regardless of the form or transferability\nof such ticket. The ability for a ticket to be transferred independent\nof the operator or operator's agent shall not constitute a special\nservice for the purpose of imposing a service charge pursuant to section\n25.29 of this article.\n  2. Additionally, nothing in this article shall be construed to\nprohibit an operator of a place of entertainment from maintaining and\nenforcing any policies regarding conduct or behavior at or in connection\nwith their venue. Further, nothing in this article shall be construed to\nprohibit an operator of a place of entertainment or such operator's\nagent, from restricting the resale of tickets that are offered as part\nof a targeted promotion, at a discounted price, or for free, to specific\nindividuals or groups of individuals because of their status as, or\nmembership in, a specific community or group, including, but not limited\nto, persons with disabilities, students, religious or civic\norganizations, or persons demonstrating economic hardship; provided,\nhowever that tickets offered promotionally to the general public shall\nnot be considered as tickets offered to specific individuals or groups\nof individuals. Any promotional discounted or free tickets for which the\noperator or operator's agent restricts resale must be clearly marked as\nsuch. An operator shall be permitted to revoke or restrict season\ntickets for reasons relating to violations of venue policies, including\nbut not limited to, attempts by two or more persons to gain admission to\na single event with both the cancelled tickets originally issued to a\nseason ticket holder and those tickets re-issued as part of a resale\ntransaction, and to the extent the operator may deem necessary for the\nprotection of the safety of patrons or to address fraud or misconduct.\n  3. No operator or operator's agent shall sell or convey tickets to any\nsecondary ticket reseller owned or controlled by the operator or\noperator's agent.\n  4. The operator or the promoter shall determine whether a seat for\nwhich a ticket is for sale has an obstructed view, and shall disclose\nsuch obstruction. If the operator or promoter discloses that a seat for\nwhich a ticket is for sale has an obstructed view, it shall be the\nresponsibility of the secondary ticket reseller to disclose such\nobstruction upon the resale of such ticket. Such obstruction shall not\ninclude an obstruction of view caused by a person, or persons, seated in\nan adjacent seat, or seats, or occupying an aisle; or an obstruction of\nview caused by an object or objects placed upon an adjacent seat or\nseats, or in an aisle; or an obstruction of view that is de minimus or\ntransitory in nature.\n  5. No operator or its agent shall transfer a prospective ticket\npurchaser through any means to a licensee or secondary ticket reseller\nwithout providing a clear and conspicuous disclosure that informs the\nprospective purchaser that the ticket is not being offered by the\noperator or its agent, but rather by a licensee or other ticket reseller\nin the secondary market.\n  * NB Repealed July 1, 2027\n