2023 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 one  thousand
dollars and no more than two 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 one thousand dollars and no
more than two 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  one  thousand  dollars  and no more than two 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  two
thousand  dollars  and  no  more than ten 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.