NY Arts & Cult Aff L § 25.30 (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 25.30 - Operator Prohibitions.

* §  25.30. Operator prohibitions. 1. A ticket is a license, issued by the operator of a place of entertainment, for admission to the place  of entertainment  at  the date and time specified on the ticket, subject to the terms and conditions as specified by the  operator.  Notwithstanding any  other  provision of law to the contrary, it shall be prohibited for any operator of a place of entertainment, or operator's agent, to:  (a) restrict by any means the resale of  any  tickets  included  in  a subscription  or  season ticket package as a condition of purchase, as a condition to retain such tickets for the duration of the subscription or season ticket package  agreement,  or  as  a  condition  to  retain  any contractually  agreed  upon  rights  to  purchase future subscription or season ticket packages that are otherwise conferred in the  subscription or season ticket agreement;  (b) deny access to a ticket holder who possesses a resold subscription or  season ticket to a performance based solely on the grounds that such ticket has been resold; or  (c) employ a paperless ticketing system unless the consumer  is  given an  option  to purchase paperless tickets that the consumer can transfer at any price, and at any time, and without additional fees,  independent of  the  operator or operator's agent. Notwithstanding the foregoing, an operator or operator's agent may employ  a  paperless  ticketing  system that does not allow for independent transferability of paperless tickets only if the consumer is offered an option at the time of initial sale to purchase  the  same  tickets  in  some  other form that is transferrable independent of the operator  or  operator's  agent  including,  but  not limited  to,  paper  tickets or e-tickets. The established price for any given ticket shall be the same regardless of the form or transferability of such ticket. The ability for a ticket to be  transferred  independent of  the  operator  or  operator's  agent  shall not constitute a special service for the purpose of imposing a service charge pursuant to section 25.29 of this article.   2. Additionally,  nothing  in  this  article  shall  be  construed  to prohibit  an  operator  of a place of entertainment from maintaining and enforcing any policies regarding conduct or behavior at or in connection with their venue. Further, nothing in this article shall be construed to prohibit an operator of a place  of  entertainment  or  such  operator's agent,  from  restricting the resale of tickets that are offered as part of a targeted promotion, at a discounted price, or for free, to specific individuals or groups of individuals because  of  their  status  as,  or membership in, a specific community or group, including, but not limited to,   persons   with   disabilities,   students,   religious   or  civic organizations, or persons  demonstrating  economic  hardship;  provided, however  that  tickets offered promotionally to the general public shall not be considered as tickets offered to specific individuals  or  groups of individuals. Any promotional discounted or free tickets for which the operator  or operator's agent restricts resale must be clearly marked as such. An operator shall  be  permitted  to  revoke  or  restrict  season tickets  for reasons relating to violations of venue policies, including but not limited to, attempts by two or more persons to gain admission to a single event with both the cancelled tickets originally  issued  to  a season  ticket  holder  and  those tickets re-issued as part of a resale transaction, and to the extent the operator may deem necessary  for  the protection of the safety of patrons or to address fraud or misconduct.   3. No operator or operator's agent shall sell or convey tickets to any secondary  ticket  reseller  owned  or  controlled  by  the  operator or operator's agent.   4. The operator or the promoter shall determine  whether  a  seat  for which  a  ticket  is for sale has an obstructed view, and shall disclose  such obstruction. If the operator or promoter discloses that a seat  for which  a  ticket  is  for  sale  has an obstructed view, it shall be the responsibility  of  the  secondary  ticket  reseller  to  disclose  such obstruction  upon  the resale of such ticket. Such obstruction shall not include an obstruction of view caused by a person, or persons, seated in an adjacent seat, or seats, or occupying an aisle; or an obstruction  of view  caused  by  an  object  or objects placed upon an adjacent seat or seats, or in an aisle; or an obstruction of view that is de  minimus  or transitory in nature.   5.  No  operator  or  its  agent  shall  transfer a prospective ticket purchaser through any means to a licensee or secondary  ticket  reseller without  providing  a  clear and conspicuous disclosure that informs the prospective purchaser that the  ticket  is  not  being  offered  by  the operator or its agent, but rather by a licensee or other ticket reseller in the secondary market.   * NB Repealed July 1, 2022