2023 New York Laws › ACA - Arts and Cultural Affairs › Title G - Regulation of Sale of Theatre Tickets › Article 25 - Tickets to Places of Entertainment › 25.30 - 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, 2025