NY Arts & Cult Aff L § 25.24 (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 25.24 - Ticket Purchasing Software.

§  25.24.  Ticket purchasing software. 1. The term " ticket purchasing software" shall mean, any machine, device, computer program or  computer software  that,  on  its own or with human assistance, bypasses security measures or  access  control  systems  on  a  retail  ticket  purchasing platform,  or  other  controls or measures on a retail ticket purchasing platform that assist in implementing a limit on the  number  of  tickets that  can  be  purchased,  to  purchase  tickets.  For  purposes of this section, the term "retail  ticket  purchasing  platform"  shall  mean  a retail  ticket  purchasing  website, application, phone system, or other technology platform used to sell tickets.   2. (a) It shall be unlawful for any person, firm, corporation or other entity to utilize ticket purchasing software to purchase tickets.  (b) It shall be unlawful for any person, firm,  corporation  or  other entity to knowingly resell or offer to resell a ticket that such person, firm,  corporation  or  other  entity  knows  was  obtained using ticket purchasing software and was not obtained for their own use or the use of their invitees, employees, or agents.   3. (a) Any person, firm, corporation or  other  entity  who  knowingly utilizes  ticket  purchasing software in order to purchase tickets shall be subject to a civil penalty in an amount of no less than five  hundred dollars and no more than one thousand five hundred dollars for each such violation  and  shall forfeit all profits made from the sale of any such unlawfully obtained tickets.   4. Any person, firm, corporation or  other  entity  who  intentionally maintains  any  interest in or maintains any control of the operation of ticket purchasing software to purchase tickets shall  be  subject  to  a civil  penalty  in an amount of no less than seven hundred fifty dollars and no more than  one  thousand  five  hundred  dollars  for  each  such violation  and  shall forfeit all profits made from the sale of any such unlawfully obtained tickets.   5. Any person, firm, corporation or other entity who knowingly resells or offers to resell a ticket that  such  person,  firm,  corporation  or other entity knows was obtained using ticket purchasing software and was not  obtained for their own use or the use of their invitees, employees, or agents shall be subject to a civil penalty in an amount  of  no  less than  five  hundred  dollars  and no more than one thousand five hundred dollars for each such violation and shall forfeit all profits made  from the sale of any such unlawfully obtained ticket.   6. Any person who is subject to a civil penalty under this section and has  been  assessed  a  penalty under this section in the previous three years shall be guilty of a violation and may be fined no less  than  one thousand  dollars  and  no more than five thousand dollars for each such violation and shall forfeit all  profits  from  the  sale  of  any  such unlawfully  obtained  tickets.  In  addition,  a  person  convicted of a violation under this section may be required  to  forfeit  any  and  all equipment used in the unlawful purchasing of tickets.   7.  The  attorney  general  shall  have  jurisdiction  to  enforce the provisions of this section in accordance with the powers granted to  him or her by section sixty-three of the executive law.   8.  In  addition to the power given to the attorney general to enforce the provisions of this section, any place of entertainment,  as  defined by  section  23.03 of this chapter, or any aggrieved party that has been injured by wrongful conduct prescribed by  this  section  may  bring  an action to recover all actual damages suffered as a result of any of such wrongful  conduct.  The  court in its discretion may award damages up to three times the amount of actual  damages.  The  court  may  enjoin  the respondent  from any and all activity prohibited under this section. The court may also award reasonable attorney's fees and costs.    9. Any person, firm, corporation or other entity who for  the  purpose of  selling  or  offering  to  sell  tickets in order to derive a profit therefrom (i)  intentionally  utilizes  ticket  purchasing  software  to purchase  such  tickets, (ii) intentionally maintains any interest in or maintains  any  control  of  the operation of ticket purchasing software which is used to purchase such tickets, or (iii)  knowingly  resells  or offers  to  resell a ticket that such person, firm, corporation or other entity knows was obtained using ticket purchasing software and  was  not obtained  for  their own use or the use of their invitees, employees, or agents, shall be guilty of a class A misdemeanor.   10. Any person, firm, corporation or other entity who  is  a  licensee under  this  article who is adjudicated guilty of the following acts may lose their license and may be barred from licensure under  this  article for  a  period  not  to  exceed  three  years  to  be  determined by the department of state pursuant to section 25.31 of this  article  if  such licensee:  (a) knowingly utilized ticket purchasing software in order to purchase tickets; (b) knowingly resold or offered  to  resell  a  ticket that  such  licensee knew was obtained using ticket purchasing software; or (c) intentionally  maintained  any  interest  in  or  maintained  any control  of  the  operation  of  ticket  purchasing software to purchase tickets.