N.Y. ACA Law § 23.23 — New York Code / Act ACA / Title F / Article 23 / Section 23.23
Prohibited activities of ticket distributors
Status: in_force

§ 23.23. Prohibited activities of ticket distributors. 1. The term\n"ticket distributor" shall mean all owners, operators or operating\nlessees whether an individual, firm, company, partnership, corporation,\ntrust or association who control the operation of a place of\nentertainment, as that term is defined in this article, including the\nallocation or distribution of tickets to any event, as that term is\ndefined in this article, and all controlling partners, and controlling\nstockholders and controlling officers of the aforesaid; and all agents,\nrepresentatives, employees and licensees of any of the aforementioned,\nincluding without limitation box office treasurers and assistant\ntreasurers of places of entertainment, who for any period of time have\ncontrol of the allocation or distribution by designation or authority of\nthe aforementioned, of tickets in connection with the showing of events,\nbut shall not include subordinate personnel performing non-discretionary\nor ministerial functions in connection with the allocation or\ndistribution of tickets for events.\n  2. A "theatrical production" as used in this section shall mean those\nlive-staged dramatic productions, dramatic-musical productions and\nconcerts as defined in section 23.03 of this chapter which hereafter are\nshown to the public in a place of entertainment.\n  3. A "sporting event" as used in this section shall mean those\ncontests, games, or other events involving athletic or physical skills\nwhich are shown to the public in a place of entertainment and whose\nparticipants are paid for the exhibition of their athletic or physical\nskills, but not exhibitions under the jurisdiction of the state racing\nor state harness racing commissions.\n  4. It shall be illegal and prohibited for any owner, lessee or\noperator or manager or treasurer or assistant treasurer or any other\nticket distributor of a place of entertainment, as defined in this\narticle, to sell tickets to any event to be held in this state directly\nor indirectly, through agents, employees or otherwise, unless and until\nthere is filed with the department of law of the state of New York by\nthe ticket distributor, directly or indirectly, controlling the\ndistribution of tickets a registration known as a "ticket distributor\nregistration" on which shall be contained the names, addresses and\nconnection with the distribution of tickets of all ticket distributors,\nas defined herein, on forms issued by the attorney general of the state\nof New York, as applicable to such registration and amendments thereto.\nIt shall be illegal for any ticket distributor to sell tickets, or\ncontrol the sale thereof, unless named on such registration. The\nattorney general may issue an order cancelling or suspending the name of\na particular individual or individuals from such registration or issue\nan order barring such person from selling any tickets to any event to be\nheld in this state as aforesaid whether or not the person's name appears\non any particular registration after a hearing, conducted by him or a\ndesignated officer, when, based upon substantial evidence on the entire\nrecord, it is determined that: such ticket distributor or any person who\nresells tickets to any event to be held in this state subsequent to\nOctober first, nineteen hundred sixty-five, directly or indirectly, has\nwillfully aided, abetted or participated in exacting, demanding,\naccepting or receiving, directly or indirectly, any premium or price in\nexcess of the regular or established price or charge, plus lawful taxes,\nas printed upon the face of each ticket or other evidence of the right\nof entry thereto, for tickets to any event to be held in this state from\nmembers of the public or ticket brokers or agents, whether designated as\nprice, gratuity or otherwise; or whenever such ticket distributor has\nbeen convicted of any crime relating to the sale of tickets to any\nevent, or violations of this article; or whenever such ticket\ndistributor shall have engaged in any practice in connection with the\nsale of tickets to any event which operates as a fraud upon the public\nor amounts to financial misconduct, or the exacting of exorbitant rates\nor other similar abuses; or whenever any ticket distributor has\nwillfully violated any provision of this article or any rule or\nregulation issued thereunder. The attorney general may also issue rules\nand regulations relating to the maintenance of box office records of\nplaces of entertainment and with respect to the filing and content of\nticket distributor registrations, including exemptions relating to\neducational institutions which the attorney general may determine to be\nin the public interest.\n  5. All ticket distributors as defined in this section shall keep or\ncause to be kept books, records, memoranda or correspondence containing\nthe following information in connection with the sale or distribution of\ntickets:\n  (a) The number of tickets sold, allocated or distributed to ticket\nbrokers licensed pursuant to article twenty-five of this chapter or\nother known brokers, specifying the price and location of each ticket\nsold, allocated or distributed to each broker and the date and time of\nperformance of each such ticket.\n  (b) The number of tickets among those allocated and distributed to\nbrokers by ticket distributors, returned by each broker to ticket\ndistributors specifying the price of each such returned ticket and the\ndate and time of performance of each such ticket.\n  (c) The number of tickets sold or distributed as house seats with\nrecipients thereof; or to duly licensed theatre party agents\nrepresenting charitable or eleemosynary organizations, specifying the\nprice and location of each ticket sold, allocated or distributed and the\ndate and time of performance of each such ticket.\n  (d) All mail order correspondence, including disposition thereof.\n  All records required to be kept pursuant to this section shall be\npreserved for a period of not less than one year subsequent to the date\nof performance to which such record relates.\n  6. Any person aggrieved by an order of the attorney general hereunder\nmay obtain a review of such order in the appellate division of the\nsupreme court pursuant to article seventy-eight of the civil practice\nlaw and rules by filing in such court within ten days after the entry of\nsuch order, a notice of petition, petition and suitable affidavits as\nprovided in subdivision (c) of section seven thousand eight hundred four\nof the civil practice law and rules, praying that the order of the\nattorney general be modified or set aside in whole or in part upon any\nof the grounds set forth in section seven thousand eight hundred three\nof the civil practice law and rules.\n  7. If any provision of this section is in conflict with any provision\nof any law of the state of New York or any municipality or subdivision\nthereof or any rule or regulation thereof in force on October first,\nnineteen hundred sixty-five, the provisions of this section shall\nprevail.\n