N.Y. ACA Law § 25.13 — New York Code / Act ACA / Title G / Article 25 / Section 25.13
Licensing of ticket resellers
Status: in_force

* § 25.13. Licensing of ticket resellers. 1. No person, firm or\ncorporation shall resell or engage in the business of reselling any\ntickets to a place of entertainment or operate an internet website or\nany other electronic service that provides a mechanism for two or more\nparties to participate in a resale transaction or that facilitates\nresale transactions by the means of an auction, or own, conduct or\nmaintain any office, branch office, bureau, agency or sub-agency for\nsuch business without having first procured a license or certificate for\neach location at which business will be conducted from the secretary of\nstate. Any operator or manager of a website that serves as a platform to\nfacilitate resale, or resale by way of a competitive bidding process,\nsolely between third parties and does not in any other manner engage in\nresales of tickets to places of entertainment shall be exempt from the\nlicensing requirements of this section. The department of state shall\nissue and deliver to such applicant a certificate or license to conduct\nsuch business and to own, conduct or maintain a bureau, agency,\nsub-agency, office or branch office for the conduct of such business on\nthe premises stated in such application upon the payment by or on behalf\nof the applicant of a fee of five thousand dollars and shall be renewed\nupon the payment of a like fee annually. Such license or certificate\nshall not be transferred or assigned, except by permission of the\nsecretary of state. Such license or certificate shall run to the first\nday of January next ensuing the date thereof, unless sooner revoked by\nthe secretary of state. Such license or certificate shall be granted\nupon a written application setting forth such information as the\nsecretary of state may require in order to enable him or her to carry\ninto effect the provisions of this article and shall be accompanied by\nproof satisfactory to the secretary of state of the moral character of\nthe applicant.\n  2. No operator's agent shall sell or convey tickets to any secondary\nticket reseller owned or controlled by the operator's agent.\n  3. 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. Every sale or resale of such ticket shall include a\ndisclosure of such obstructed view.\n  4. If any licensee under this section demonstrates that their business\nprovides a service to facilitate ticket transactions without charging\nany fees, surcharges or service charges above the established price, on\nevery transaction, except a reasonable and actual charge for the\ndelivery of tickets, then the fees for licensing under this section\nshall be waived.\n  * NB Effective until July 1, 2027\n  * § 25.13. Printing price on ticket. Every person, firm or corporation\nwho owns, operates or controls a theatre, place of amusement or\nentertainment, or other place where public exhibitions, games, contests\nor performances are held shall, if a price be charged for admission\nthereto, print on the face of each such ticket or other evidence of the\nright of entry the price charged therefor by such person, firm or\ncorporation. Such person, firm or corporation shall likewise be required\nto print or endorse thereon the maximum premium (not to exceed two\ndollars, plus lawful taxes), at which such ticket or other evidence of\nthe right of entry may be resold or offered for resale. It shall be\nunlawful for any person, firm or corporation to resell or offer to\nresell such ticket or other evidence of the right of entry at any\npremium or price in excess of such maximum premium printed or endorsed\nthereon, plus lawful taxes, or so that the ultimate price to the\npurchaser of such ticket shall exceed a sum in excess of two dollars\nover and above the original price charged for admission as printed on\nthe face of each such ticket or other evidence of the right of entry,\nplus lawful taxes.\n  * NB Effective July 1, 2027\n