N.Y. ACA Law § 25.03 — New York Code / Act ACA / Title G / Article 25 / Section 25.03
Definitions
Status: in_force

* § 25.03. Definitions. As used in this article the term: 1.\n"Entertainment" means all forms of entertainment including, but not\nlimited to, theatrical or operatic performances, concerts, motion\npictures, all forms of entertainment at fair grounds, amusement parks\nand all types of athletic competitions including football, basketball,\nbaseball, boxing, tennis, hockey, and any other sport, and all other\nforms of diversion, recreation or show.\n  2. "Established price" means the price fixed at the time of sale by\nthe operator of any place of entertainment for admission thereto, which\nmust be printed or endorsed on each ticket of admission.\n  3. "Final auction price" shall mean the price paid for a single ticket\nby a winning bidder. In the case of a single action price for a ticket\npackage, including packages containing tickets to multiple events, the\nfinal auction price per ticket shall be established by evenly dividing a\nprorated share of the winning bid, which shall be determined by the\nseller, by the number of tickets to such event.\n  4. "Not-for-profit organization" means a domestic corporation\nincorporated pursuant to or otherwise subject to the not-for-profit\ncorporation law, a charitable organization registered with the\ndepartment of law, a religious corporation as defined in section\nsixty-six of the general construction law, a trustee as defined in\nsection 8-1.4 of the estates, powers and trusts law, an institution or\ncorporation formed pursuant to the education law, a special act\ncorporation created pursuant to chapter four hundred sixty-eight of the\nlaws of eighteen hundred ninety-nine, as amended, a special act\ncorporation formed pursuant to chapter two hundred fifty-six of the laws\nof nineteen hundred seventeen, as amended, a corporation authorized\npursuant to an act of congress approved January fifth, nineteen hundred\nfive, (33 stat. 599), as amended, a corporation established by merger of\ncharitable organizations pursuant to an order of the supreme court, New\nYork county dated July twenty-first, nineteen hundred eighty-six and\nfiled in the department of state on July twenty-ninth, nineteen hundred\neighty-six, or a corporation having tax exempt status under section 501\n(c) (3) of the United States Internal Revenue Code, and shall further be\ndeemed to mean and include any federation of charitable organizations.\n  5. "Operator" means any person who owns, operates, or controls a place\nof entertainment or who promotes or produces an entertainment.\n  6. "Place of entertainment" means any privately or publicly owned and\noperated entertainment facility such as a theatre, stadium, arena,\nracetrack, museum, amusement park, or other place where performances,\nconcerts, exhibits, athletic games or contests are held for which an\nentry fee is charged.\n  7. "Physical structure" means the place of entertainment, or in the\ncase where a structure either partially or wholly surrounds the place of\nentertainment, such surrounding structure.\n  8. "Resale" means any sale of a ticket for entrance to a place of\nentertainment located within the boundaries of the state of New York\nother than a sale by the operator or the operator's agent who is\nexpressly authorized to make first sales of such tickets. Resale shall\ninclude sales by any means, including in person, or by means of\ntelephone, mail, delivery service, facsimile, internet, email or other\nelectronic means, where the venue for which the ticket grants admission\nis located in New York state. Except as provided in sections 25.11 and\n25.27 of this article, the term "resale" shall not apply to any person,\nfirm or corporation which purchases any tickets solely for their own use\nor the use of their invitees, employees and agents or which purchases\ntickets on behalf of others and resells such tickets to such invitees,\nemployees and agents or others at or less than the established price.\nSimilarly, the term "resale" shall not apply to any not-for-profit\norganization, or person acting on behalf of such not-for-profit\norganization, as long as any profit realized from ticket reselling is\nwholly dedicated to the purposes of such not-for-profit organization.\n  9. "Ticket" means any evidence of the right of entry to any place of\nentertainment.\n  10. "Ticket office" means a building or other structure located other\nthan at the place of entertainment, at which the operator or the\noperator's agent offers tickets for first sale to the public.\n  * NB Effective until July 1, 2027\n  * § 25.03. Reselling of tickets of admission; licenses; fees. 1. No\nperson, firm or corporation shall resell or engage in the business of\nreselling any tickets of admission or any other evidence of the right of\nentry to a theatre, place of amusement or entertainment, or other places\nwhere public exhibitions, games, contests or performances are held, or\nown, conduct or maintain any office, branch office, bureau, agency or\nsub-agency for such business without having first procured a license or\ncertificate therefor from the commissioner of licenses of the political\nsubdivision in which such person intends to conduct such business and if\nthere be no such commissioner, then the chief executive officer thereof\nshall be deemed to be the commissioner for the purposes of this article.\nA license for the principal office shall be granted upon the payment by\nor on behalf of the applicant of a fee of two hundred dollars and shall\nbe renewed upon the payment of a like fee annually; and a certificate\nshall be granted for each branch office, bureau, agency or sub-agency,\nupon payment by or on behalf of an applicant of a fee of fifty dollars\nand shall be renewed upon the payment of a like fee annually. Such\nlicense or certificate shall not be transferred or assigned, except by\npermission of such commissioner. No change in the location of the\npremises covered by such license or certificate shall be made, except by\npermission of such commissioner, and upon the payment of a fee of ten\ndollars. Such license or certificate shall run to the first day of\nJanuary next ensuing the date thereof, unless sooner revoked by such\ncommissioner. Such license or certificate shall be granted upon a\nwritten application setting forth such information as such commissioner\nmay require in order to enable him to carry into effect the provisions\nof this article and shall be accompanied by proof satisfactory to such\ncommissioner of the moral character of the applicant. No license or\ncertificate shall be issued for any office or branch office, bureau,\nagency or sub-agency unless such office or branch office, bureau, agency\nor sub-agency shall be a suitable place for the conduct of said business\nand shall meet with the approval of such commissioner.\n  2. This section shall not apply to any person, firm or corporation\nwhich purchases any tickets as defined in this section with the intent\nof using the tickets solely for their own use or the use of their\ninvitees, employees and agents and resells them at a price not in excess\nof that permitted by section 25.13 of this article should they no longer\nbe able to use them.\n  * NB Effective July 1, 2027\n