NY Arts & Cult Aff L § 25.03 (2021)
2021 New York Laws ACA - Arts and Cultural Affairs Title G - Regulation of Sale of Theatre Tickets Article 25 - Tickets to Places of Entertainment 25.03 - Definitions.

* § 25.03. Definitions.   As   used  in  this  article  the  term:  1.   "Entertainment" means all forms  of  entertainment  including,  but  not   limited  to,  theatrical  or  operatic  performances,  concerts,  motion   pictures, all forms of entertainment at fair  grounds,  amusement  parks   and  all  types of athletic competitions including football, basketball,   baseball, boxing, tennis, hockey, and any other  sport,  and  all  other   forms of diversion, recreation or show.2.  "Established  price"  means the price fixed at the time of sale by   the operator of any place of entertainment for admission thereto,  which   must be printed or endorsed on each ticket of admission.3. "Final auction price" shall mean the price paid for a single ticket   by  a  winning bidder. In the case of a single action price for a ticket   package, including packages containing tickets to multiple  events,  the   final auction price per ticket shall be established by evenly dividing a   prorated  share  of  the  winning  bid, which shall be determined by the   seller, by the number of tickets to such event.4.  "Not-for-profit  organization"  means   a   domestic   corporation   incorporated  pursuant  to  or  otherwise  subject to the not-for-profit   corporation  law,  a  charitable  organization   registered   with   the   department  of  law,  a  religious  corporation  as  defined  in section   sixty-six of the general construction  law,  a  trustee  as  defined  in   section  8-1.4  of the estates, powers and trusts law, an institution or   corporation  formed  pursuant  to  the  education  law,  a  special  act   corporation  created pursuant to chapter four hundred sixty-eight of the   laws  of  eighteen  hundred  ninety-nine,  as  amended,  a  special  act   corporation formed pursuant to chapter two hundred fifty-six of the laws   of  nineteen  hundred  seventeen,  as  amended, a corporation authorized   pursuant to an act of congress approved January fifth, nineteen  hundred   five, (33 stat. 599), as amended, a corporation established by merger of   charitable  organizations pursuant to an order of the supreme court, New   York county dated July twenty-first,  nineteen  hundred  eighty-six  and   filed  in the department of state on July twenty-ninth, nineteen hundred   eighty-six, or a corporation having tax exempt status under section  501   (c) (3) of the United States Internal Revenue Code, and shall further be   deemed to mean and include any federation of charitable organizations.5. "Operator" means any person who owns, operates, or controls a place   of entertainment or who promotes or produces an entertainment.6.  "Place of entertainment" means any privately or publicly owned and   operated entertainment facility  such  as  a  theatre,  stadium,  arena,   racetrack,  museum,  amusement  park, or other place where performances,   concerts, exhibits, athletic games or contests are  held  for  which  an   entry fee is charged.7.  "Physical  structure"  means the place of entertainment, or in the   case where a structure either partially or wholly surrounds the place of   entertainment, such surrounding structure.8. "Resale" means any sale of a ticket for  entrance  to  a  place  of   entertainment  located  within  the  boundaries of the state of New York   other than a sale by  the  operator  or  the  operator's  agent  who  is   expressly  authorized  to make first sales of such tickets. Resale shall   include sales by  any  means,  including  in  person,  or  by  means  of   telephone,  mail,  delivery service, facsimile, internet, email or other   electronic means, where the venue for which the ticket grants  admission   is  located  in New York state. Except as provided in sections 25.11 and   25.27 of this article, the term "resale" shall not apply to any  person,   firm or corporation which purchases any tickets solely for their own use   or  the  use  of their invitees, employees and agents or which purchases   tickets on behalf of others and resells such tickets to  such  invitees,   employees  and  agents  or others at or less than the established price.    Similarly, the term "resale"  shall  not  apply  to  any  not-for-profit   organization,   or  person  acting  on  behalf  of  such  not-for-profit   organization, as long as any profit realized from  ticket  reselling  is   wholly dedicated to the purposes of such not-for-profit organization.9.  "Ticket"  means any evidence of the right of entry to any place of   entertainment.10. "Ticket office" means a building or other structure located  other   than  at  the  place  of  entertainment,  at  which  the operator or the   operator's agent offers tickets for first sale to the public.* NB Effective until July 1, 2022* § 25.03. Reselling of tickets of admission; licenses;  fees.  1.  No   person,  firm  or  corporation shall resell or engage in the business of   reselling any tickets of admission or any other evidence of the right of   entry to a theatre, place of amusement or entertainment, or other places   where public exhibitions, games, contests or performances are  held,  or   own,  conduct  or  maintain any office, branch office, bureau, agency or   sub-agency for such business without having first procured a license  or   certificate  therefor from the commissioner of licenses of the political   subdivision in which such person intends to conduct such business and if   there be no such commissioner, then the chief executive officer  thereof   shall be deemed to be the commissioner for the purposes of this article.   A  license for the principal office shall be granted upon the payment by   or on behalf of the applicant of a fee of two hundred dollars and  shall   be  renewed  upon  the payment of a like fee annually; and a certificate   shall be granted for each branch office, bureau, agency  or  sub-agency,   upon  payment  by or on behalf of an applicant of a fee of fifty dollars   and shall be renewed upon the payment  of  a  like  fee  annually.  Such   license  or  certificate shall not be transferred or assigned, except by   permission of such commissioner.  No  change  in  the  location  of  the   premises covered by such license or certificate shall be made, except by   permission  of  such  commissioner, and upon the payment of a fee of ten   dollars. Such license or certificate shall  run  to  the  first  day  of   January  next  ensuing  the  date thereof, unless sooner revoked by such   commissioner. Such license  or  certificate  shall  be  granted  upon  a   written  application setting forth such information as such commissioner   may require in order to enable him to carry into effect  the  provisions   of  this  article and shall be accompanied by proof satisfactory to such   commissioner of the moral character of  the  applicant.  No  license  or   certificate  shall  be  issued  for any office or branch office, bureau,   agency or sub-agency unless such office or branch office, bureau, agency   or sub-agency shall be a suitable place for the conduct of said business   and shall meet with the approval of such commissioner.2. This section shall not apply to any  person,  firm  or  corporation   which  purchases  any tickets as defined in this section with the intent   of using the tickets solely for their  own  use  or  the  use  of  their   invitees, employees and agents and resells them at a price not in excess   of that permitted by section 25.13 of this article should they no longer   be able to use them.* NB Effective July 1, 2022