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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S08221 Summary: BILL NO S08221B &nbsp SAME AS No Same As &nbsp SPONSOR SKOUFIS &nbsp COSPNSR BASKIN, BRISPORT, BROUK, FAHY, FERNANDEZ, GONZALEZ, GOUNARDES, HINCHEY, KRUEGER, LIU, MAY, MYRIE, PARKER, RIVERA, RYAN C, SANDERS, SEPULVEDA, ZELLNER &nbsp MLTSPNSR &nbsp Amd §§25.03, 25.13, 25.19, 25.07, 25.10, 25.29 & 25.30, add §25.04, Arts & Cul L; amd §4, Chap 704 of 1991; amd §11, Chap 151 of 2010 &nbsp Enacts into law components of legislation that relate to live event ticket sales; establishes an annual professional reseller renewal fee; requires professional ticket resellers to provide their New York state ticket reseller license number as a condition of utilizing an online resale marketplace to resell tickets (Part A); provides criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); relates to resale requirements for tickets; requires that if a licensee or other ticket reseller doesn't have possession of the ticket, then they shall have a written contract to obtain the offered ticket at a certain price from a person or entity in possession of the ticket or from a person or entity who has a contractual right to obtain such ticket, and tickets to the event have been placed on sale by the venue or entity hosting the event or its authorized agent before the licensee or reseller can advertise the sale of the tickets (Part C); relates to unlawful charges in connection with tickets; permits reasonable charges for costs actually rendered or otherwise in connection to customer support, technological and software infrastructure, and actual operational costs for sales away from the box office; defines terms (Part D); relates to the availability of tickets for sale to the general public; defines a term (Part E); relates to paperless ticketing systems options (Part F); extends the effectiveness of certain provisions relating to tickets to places of entertainment (Part G).

Go to top S08221 Text:

STATE OF NEW YORK ________________________________________________________________________

8221--B

2025-2026 Regular Sessions

IN SENATE

May 23, 2025 ___________

Introduced by Sens. SKOUFIS, BASKIN, BRISPORT, BROUK, FAHY, FERNANDEZ, GONZALEZ, GOUNARDES, HINCHEY, KRUEGER, LIU, MAY, MYRIE, PARKER, RIVERA, C. RYAN, SANDERS, SEPULVEDA, ZELLNER -- read twice and ordered printed, and when printed to be committed to the Committee on Investi- gations and Government Operations -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the arts and cultural affairs law, in relation to estab- lishing an annual professional reseller renewal fee and requiring professional ticket resellers to provide their New York state ticket reseller license number (Part A); to amend the arts and cultural affairs law, in relation to providing criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); to amend the arts and cultural affairs law, in relation to resale requirements for tickets (Part C); to amend the arts and cultural affairs law, in relation to unlawful charges in connection with tick- ets (Part D); to amend the arts and cultural affairs law, in relation to the availability of tickets for sale to the general public (Part E); to amend the arts and cultural affairs law, in relation to paper- less ticketing systems options (Part F); and to amend chapter 704 of the laws of 1991 amending the arts and cultural affairs law and chap- ter 912 of the laws of 1920 relating to regulation of boxing and wres- tling matches relating to tickets to places of entertainment, and chapter 151 of the laws of 2010 amending the arts and cultural affairs law relating to resale of tickets to places of entertainment, in relation to extending the effectiveness thereof (Part G)

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13236-10-6

S. 8221--B 2

1 Section 1. This act shall be known and may be cited as the "Affordable 2 Concerts Act". 3 § 2. This act enacts into law components of legislation that relate to 4 live event ticket sales. Each component is wholly contained within a 5 Part identified as Parts A through G. The effective date for each 6 particular provision contained within such Part is set forth in the last 7 section of such Part. Any provision in any section contained within a 8 Part, including the effective date of the Part, which makes reference to 9 a section "of this act", when used in connection with that particular 10 component, shall be deemed to mean and refer to the corresponding 11 section of the Part in which it is found, unless noted otherwise.

12 PART A

13 Section 1. Section 25.03 of the arts and cultural affairs law is 14 amended by adding a new subdivision 11 to read as follows: 15 11. "Professional reseller" means a reseller, also referred to as a 16 ticket broker, and includes any person, firm, corporation or other enti- 17 ty that is involved in the business of the resale of tickets. Individ- 18 uals who do not regularly engage in the business of reselling tickets, 19 who resell fewer than thirty tickets per year and who obtain the tickets 20 for such individual's personal use or the use of friends and family, are 21 not deemed professional resellers for the purposes of this article. 22 § 2. Subdivision 1 of section 25.13 of the arts and cultural affairs 23 law, as amended by chapter 374 of the laws of 2007, is amended to read 24 as follows: 25 1. (a) No [ person, firm or corporation ] professional reseller shall 26 resell or engage in the business of reselling any tickets to a place of 27 entertainment or operate an internet website or any other electronic 28 service that provides a mechanism for two or more parties to participate 29 in a resale transaction or that facilitates resale transactions by the 30 means of an auction, or own, conduct or maintain any office, branch 31 office, bureau, agency or sub-agency for such business without having 32 first procured a license or certificate for each location at which busi- 33 ness will be conducted from the secretary of state. Any operator or 34 manager of a website that serves as a platform to facilitate resale, or 35 resale by way of a competitive bidding process, solely between third 36 parties and does not in any other manner engage in resales of tickets to 37 places of entertainment shall be exempt from the licensing requirements 38 of this section. The department of state shall issue and deliver to such 39 applicant a certificate or license to conduct such business and to own, 40 conduct or maintain a bureau, agency, sub-agency, office or branch 41 office for the conduct of such business on the premises stated in such 42 application upon the payment by or on behalf of the applicant of a fee 43 of five thousand dollars and shall be renewed upon the payment of [ a 44 like fee annually. ] an annual renewal fee pursuant to paragraph (b) of 45 this subdivision . Such license or certificate shall not be transferred 46 or assigned, except by permission of the secretary of state. Such 47 license or certificate shall run to the first day of January next ensu- 48 ing the date thereof, unless sooner revoked by the secretary of state. 49 Such license or certificate shall be granted upon a written application 50 setting forth such information as the secretary of state may require in 51 order to enable [ him or her ] them to carry into effect the provisions of 52 this article and shall be accompanied by proof satisfactory to the 53 secretary of state of the moral character of the applicant. No online 54 resale marketplace shall allow a ticket to be posted for resale without

S. 8221--B 3

1 first verifying the professional reseller's New York state ticket 2 reseller license number if such seller meets the criteria for a profes- 3 sional reseller as defined in this section. 4 (b) The annual professional reseller renewal fee shall be: 5 (i) for a professional reseller that resells more than thirty tickets 6 but less than one hundred tickets per year, an annual renewal fee of two 7 hundred fifty dollars to maintain a professional reseller license; and 8 (ii) for a professional reseller that resells one hundred or more 9 tickets per year, an annual renewal fee of one thousand dollars to main- 10 tain a professional reseller license. 11 (c) "Tickets" shall mean, for purposes of paragraph (b) of this subdi- 12 vision: (i) each resold ticket not originally purchased by the profes- 13 sional reseller as part of a season or subscription ticket package; or 14 (ii) a set of resold tickets originally purchased by the professional 15 reseller as part of a season or subscription ticket package. 16 § 3. Section 25.19 of the arts and cultural affairs law, as amended by 17 chapter 110 of the laws of 2018, is amended to read as follows: 18 § 25.19. Posting of license or certificate. 1. For the purposes of 19 this section, "online resale marketplace" means any operator or manager 20 of a website or other electronic service that resells tickets or serves 21 as a platform to facilitate resale, or resale by way of a competitive 22 bidding process. 23 2. Immediately upon the receipt of the license or certificate issued 24 pursuant to this article by the secretary of state, the licensee named 25 therein shall cause such license to be posted and at all times displayed 26 in a conspicuous place in the principal office of such business for 27 which it is issued, and shall cause the certificate for each branch 28 office, bureau, agency or sub-agency to be posted and at all times 29 displayed in a conspicuous place in such branch office, bureau, agency 30 or sub-agency for which it is issued, so that all persons visiting such 31 principal office, branch office, bureau, agency or sub-agency may readi- 32 ly see the same, and if such licensee does business on the internet, 33 including via a retail ticket purchasing platform, to provide a license 34 number displayed in a conspicuous manner or a hyperlink displayed in a 35 conspicuous manner to a scanned copy of such license. Such license or 36 certificate shall at all reasonable times be subject to inspection by 37 the secretary of state or [ his or her ] their authorized inspectors. It 38 shall be unlawful for any person, firm, partnership or corporation hold- 39 ing such license or certificate to post such license or certificate or 40 to permit such certificate to be posted upon premises other than those 41 described therein or to which it has been transferred pursuant to the 42 provisions of this article or unlawfully to alter, deface or destroy any 43 such license or certificate. For purposes of this section, the term 44 "retail ticket purchasing platform" shall mean a retail ticket purchas- 45 ing website, application, phone system, or other technology platform 46 used to sell tickets. 47 3. (a) An online resale marketplace shall require professional resell- 48 ers to provide their New York state ticket reseller license number as a 49 condition of utilizing an online resale marketplace to resell tickets. 50 (b) An online resale marketplace shall disclose in a clear and 51 conspicuous manner a notice on the advertisement or offer of a ticket or 52 tickets that such ticket or tickets being purchased are being resold by 53 a licensed New York state professional reseller. 54 (c) Every online resale marketplace shall disclose the licensing 55 number of the professional reseller in a clear and conspicuous manner. 56 Such disclosure of the licensing number shall be displayed in the tick-

S. 8221--B 4

1 eting listing prior to the ticket being selected for purchase. Disclo- 2 sure of the licensing number shall not be false or misleading and may 3 not be presented more prominently or in the same or larger size as the 4 total price. Nothing in this subdivision shall be construed to nullify, 5 expand, restrict, or otherwise amend or modify now existing laws or 6 regulations outside of this article, and nothing in this subdivision 7 shall be construed as making lawful any fraudulent, deceptive, or ille- 8 gal act or practice that is unlawful pursuant to now existing laws or 9 regulations. 10 § 4. This act shall take effect on the sixtieth day after it shall 11 have become a law; provided, however, that the amendments to sections 12 25.03, 25.13 and 25.19 of the arts and cultural affairs law made by 13 sections one, two and three of this act shall not affect the repeal of 14 such sections and shall be deemed repealed therewith.

15 PART B

16 Section 1. Subdivision 2 of section 25.07 of the arts and cultural 17 affairs law, as amended by chapter 61 of the laws of 2007, is amended 18 and a new subdivision 5 is added to read as follows: 19 2. Notwithstanding any other provision of law, any person, firm or 20 corporation, regardless of whether or not licensed under this article, 21 that sells tickets or facilitates the sale of tickets, resells tickets 22 or facilitates the resale or resale auction of tickets between independ- 23 ent parties by any means, must guarantee to each purchaser of such sold 24 or resold tickets that the person, firm or corporation will provide a 25 full refund of the amount paid by the purchaser (including, but not 26 limited to, all fees, regardless of how characterized) , unless the 27 purchaser elects to retain such tickets or unless the purchaser and 28 ticket seller or reseller agree to exchange such ticket for a ticket of 29 comparable value for the same event at a different date in lieu of a 30 full refund within thirty days of receiving such notice of an opportu- 31 nity for a refund, if any of the following occurs: (a) the event for 32 which such ticket has been sold or resold is cancelled, provided that if 33 the event is cancelled then actual handling and delivery fees need not 34 be refunded as long as such previously disclosed guarantee specifies 35 that such fees will not be refunded; (b) the ticket received by the 36 purchaser does not grant the purchaser admission to the event described 37 on the ticket, for reasons that may include, without limitation, that 38 the ticket is counterfeit or that the ticket has been cancelled by the 39 issuer due to non-payment, or that the event described on the ticket was 40 cancelled for any reason prior to purchase of the sold or resold ticket, 41 unless the ticket is cancelled due to an act or omission by such 42 purchaser; [ or ] (c) the ticket fails to conform to its description as 43 advertised unless the buyer has pre-approved a substitution of tickets ; 44 (d) the event for which such ticket has been sold or resold is postponed 45 more than once in a calendar year; (e) the event for which such ticket 46 has been sold or resold has been rescheduled to a subsequent date more 47 than one year from the initial event date; or (f) the event for which 48 such ticket has been sold or resold has been postponed and has not been 49 rescheduled within three months after the initial event date. Upon the 50 occurrence of any of the aforementioned events, the seller or reseller 51 shall notify the purchaser of such tickets and shall provide a thirty- 52 day window during which the purchaser may elect to retain such tickets, 53 exchange such ticket for a ticket of comparable value for the same event 54 at a different date, or receive a full refund. If, at the end of the

S. 8221--B 5

1 thirty-day window, the purchaser of such tickets does not choose one of 2 the aforementioned options, they shall receive an immediate full refund 3 for the amount paid by the purchaser including but not limited to all 4 fees, regardless of how characterized. The secretary of state shall 5 promulgate rules and regulations regarding notification procedures and 6 shall determine a sufficient refund time period, which shall be no less 7 than thirty days following the occurrence of a triggering event . 8 5. Notwithstanding any other provision of law, any person, firm or 9 corporation, regardless of whether or not licensed under this article or 10 designated as a professional reseller or an online resale marketplace, 11 that resells tickets or facilitates the resale or resale auction of 12 tickets between independent parties by any means, shall guarantee with- 13 out restriction to each purchaser of such resold tickets that the 14 person, firm or corporation will honor, communicate and facilitate, if 15 so requested by such purchaser, all opportunities for refunds, 16 exchanges, or other remedies due to event cancellation or postponement 17 that are publicly offered by a primary ticket seller, as defined in 18 subdivision twelve of section 25.03 of this article, to original 19 purchasers of such tickets. 20 § 2. This act shall take effect on the sixtieth day after it shall 21 have become a law, provided, however, that the amendments to section 22 25.07 of the arts and cultural affairs law made by section one of this 23 act shall not affect the repeal of such section and shall be deemed 24 repealed therewith.

25 PART C

26 Section 1. Section 25.10 of the arts and cultural affairs law, as 27 added by chapter 110 of the laws of 2018, is amended to read as follows: 28 § 25.10. Ticket resale requirements. 1. It shall be unlawful for a 29 licensee or other ticket reseller to advertise for the sale of tickets, 30 contract for the sale of tickets, contract to obtain tickets for anoth- 31 er, or accept consideration for payment in full or for a deposit for the 32 sale of tickets unless [ such licensee or other ticket reseller meets one 33 or more of the following requirements ] and until : 34 (a) such licensee or other ticket reseller has the offered ticket in 35 its actual or constructive possession or has explicit authorization in a 36 written contract with a primary ticket seller to obtain the offered 37 ticket from the primary ticket seller or a person that the primary tick- 38 et seller authorized to purchase the offered ticket from the primary 39 ticket seller in an initial sale ; and 40 (b) [ such licensee or other ticket reseller has a written contract to 41 obtain the offered ticket at a certain price from a person in possession 42 of the ticket or from a person who has a contractual right to obtain 43 such ticket; or 44 (c) such licensee or other ticket reseller informs the purchaser in a 45 clear and conspicuous manner and in plain language at the time of offer- 46 ing such ticket for sale and in a written notice prior to the completion 47 of the transaction that such licensee or other ticket reseller does not 48 have possession of the ticket, has no contract to obtain the offered 49 ticket at a certain price from a person in possession of the ticket or 50 from a person who has a contractual right to obtain such ticket, may not 51 be able to supply the ticket at the contracted price or range of prices, 52 and requires such purchaser to expressly confirm prior to completing the 53 transaction that the purchaser has read such notice.

S. 8221--B 6

1 2. Nothing in this section shall prohibit a licensee or other ticket 2 reseller from accepting a deposit from a prospective purchaser for a 3 resale pursuant to paragraph (c) of subdivision one of this section, 4 provided that such licensee or other ticket reseller informs the 5 purchaser in writing prior to receipt of consideration of the terms of 6 the deposit agreement, and includes in the written notice the disclo- 7 sures otherwise required by this section. If a licensee or ticket 8 reseller has entered into a contract with or received consideration from 9 a prospective purchaser for the sale of a ticket or tickets and cannot 10 supply such ticket or tickets at the contracted price or price range, 11 such licensee or ticket reseller shall refund any monies paid by such 12 prospective purchaser within ten business days of receipt of a request 13 for a refund from such purchaser. 14 3. ] tickets to the event have been placed on sale by the venue or 15 entity hosting the event or its authorized agent. For the purposes of 16 this section, "placed on sale" shall mean the date and time when tickets 17 are made available for sale to the general public, excluding any prior 18 sales to fan clubs, businesses, and persons for promotional activities. 19 This paragraph shall not apply to season or subscription ticket holders. 20 2. Nothing in this section shall be construed to nullify, expand, 21 restrict, or otherwise amend or modify now existing laws or regulations 22 outside of this article, and nothing in this section shall be construed 23 as making lawful any fraudulent, deceptive, or illegal act or practice 24 that is unlawful pursuant to now existing laws or regulations. 25 [ 4. ] 3. The attorney general shall have jurisdiction to enforce the 26 provisions of this section in accordance with the powers granted to [ him 27 or her ] them by section sixty-three of the executive law. 28 § 2. This act shall take effect on the sixtieth day after it shall 29 have become a law; provided, however, that the amendments to section 30 25.10 of the arts and cultural affairs law made by section one of this 31 act shall not affect the repeal of such section and shall be deemed 32 repealed therewith.

33 PART D

34 Section 1. Section 25.03 of the arts and cultural affairs law is 35 amended by adding four new subdivisions 12, 13, 14 and 15 to read as 36 follows: 37 12. "Primary ticket seller" means an owner or operator of a venue or 38 sports team, a manager or provider of an event, or a provider of ticket- 39 ing services or an agent of such owner, operator, manager, or provider 40 that engages in the primary sale of tickets for an event or retains the 41 authority to otherwise distribute tickets. 42 13. "Placed on sale" means the date and time when tickets are made 43 available for sale to the general public, excluding any prior sales to 44 fan clubs, businesses, and persons for promotional activities. 45 14. "Ticketing company" means any person, firm, corporation, or busi- 46 ness entity that provides, operates, or controls a ticketing platform 47 system, service, or marketplace for the initial sale, resale, promotion, 48 or marketing of tickets to live events. 49 15. "Broadway theater" shall have the same definition as a level one 50 production facility as defined in paragraph (i) of subdivision three of 51 section twenty-four-c of the tax law, in addition to facilities bounded 52 by and including west sixty-second street and west sixty-fifth street 53 and between tenth avenue and ninth avenue in which live theatrical 54 productions are or are intended to be primarily presented, that contains

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1 at least one stage, a seating capacity between five hundred seats and 2 one thousand two hundred seats, and dressing rooms, storage areas, 3 and other ancillary amenities necessary for the qualified musical and 4 theatrical production, and for which receipts attributable to live 5 theatrical productions constitute seventy-five percent or more of gross 6 receipts of the facility. 7 § 2. Section 25.29 of the arts and cultural affairs law, as amended by 8 section 1 of part E of chapter 358 of the laws of 2022, is amended to 9 read as follows: 10 § 25.29. Unlawful charges in connection with tickets. 1. No operator 11 of any place of entertainment, or [ his or her ] their agent, represen- 12 tative, employee or licensee shall, if a price be charged for admission 13 thereto, exact, demand, accept or receive, directly or indirectly, any 14 premium or price in excess of the established price plus lawful taxes 15 whether designated as price, gratuity or otherwise; provided, however: 16 (a) nothing in this article shall be construed to prohibit a reasonable 17 service charge of twenty or less percent of the price of a ticket prior 18 to the addition of any charges by [ the operator or agents of the opera- 19 tor ] any person, firm or corporation, regardless of whether or not 20 licensed under this article, that sells tickets or facilitates the sale 21 of tickets, resells tickets or facilitates the resale or resale auction 22 of tickets between independent parties by any means for special 23 services[ , including but not limited to, ] actually rendered or otherwise 24 in connection to customer support, technological and software infras- 25 tructure, and actual operational costs for sales away from the box 26 office[ , credit card sales or delivery ]; [ and ] (b) nothing in this arti- 27 cle shall be construed to prohibit an operator or its agent from offer- 28 ing for initial sale tickets by means of an auction ; and (c) nothing in 29 this subdivision shall apply to tickets sold or resold for events at 30 venues with a seating capacity of less than six thousand five hundred 31 guests, unless such venue, other than a broadway theater, is fully or 32 partially owned, operated, controlled, leased by, a parent company of, 33 or a subsidiary of a ticketing company . 34 2. A reasonable and actual cost for the physical delivery of tickets 35 may be charged by the seller or reseller based on the method of delivery 36 selected by the purchaser; provided, however, that no delivery fee shall 37 be charged by a seller or reseller for tickets delivered electronically 38 or tickets that may be printed independently by the purchaser. 39 3. Any person, firm or corporation, regardless of whether or not 40 licensed under this article, that sells tickets or facilitates the sale 41 of tickets is prohibited from requiring a minimum price for the resale 42 of any tickets purchased from a primary ticket seller. 43 4. (a) The total price at which a ticket reseller may sell or offer to 44 sell a ticket to a live entertainment event may not exceed the total 45 price of the initial ticket, inclusive of all fees and taxes, including 46 those set forth in subdivision one of this section, in connection with 47 the purchase of the initial ticket and if an initial ticket was 48 purchased for a series of events, the total resale price of a ticket for 49 a single event may not exceed the total price of a single comparable 50 ticket, including all fees and taxes. 51 (b) Nothing in this subdivision shall apply to tickets for a sporting 52 event. 53 (c) Nothing in this subdivision shall apply to tickets for a musical 54 and theatrical production at a Broadway theater. 55 5. In a city having a population of one million or more, the commis- 56 sioner of consumer and worker protection of such city shall have the

S. 8221--B 8

1 power to enforce the provisions of this section. Such power shall 2 include, but not be limited to, imposing civil penalties on a ticket 3 reseller that violates this section in an amount not to exceed five 4 hundred dollars for each violation. Each resale or offer for resale of 5 a ticket in violation of this section shall constitute a separate and 6 distinct violation. In a proceeding alleging a violation of this 7 section, such commissioner may seek an order imposing all applicable 8 civil penalties authorized pursuant to this subdivision and requiring 9 restitution of any amount charged in violation of this section. Such 10 penalties shall be recovered in a civil action or in a proceeding 11 commenced by the service of a summons or notice of violation that shall 12 be returnable to the office of administrative trials and hearings or any 13 other tribunal designated to conduct such proceeding. 14 6. In any prosecution under this section the attorney general shall 15 have concurrent jurisdiction with any district attorney and in any such 16 prosecution [ he or she or his or her ] they or their deputy shall exer- 17 cise all the powers and perform all the duties which the district attor- 18 ney would otherwise be authorized to exercise or perform therein. 19 § 3. This act shall take effect on the sixtieth day after it shall 20 have become a law; provided, however, that the amendments to sections 21 25.03 and 25.29 of the arts and cultural affairs law made by sections 22 one and two of this act shall not affect the repeal of such sections and 23 shall be deemed repealed therewith.

24 PART E

25 Section 1. The arts and cultural affairs law is amended by adding a 26 new section 25.04 to read as follows: 27 § 25.04. Tickets withheld from sale to general public. Primary ticket 28 sellers shall disclose and display in a clear and conspicuous manner 29 on the website, at the box office and any other method of ticket 30 distribution of such primary ticket seller, the total number of tickets 31 offered for sale to the general public by such primary ticket seller not 32 less than seven days before the date on which tickets shall be available 33 for primary sale. The total number shall be periodically updated by the 34 primary ticket seller if and when additional tickets are subsequently 35 released for sale to the general public or when there is a five percent 36 increase in the amount of tickets released for sale to the general 37 public. This subdivision shall not apply to: (i) venues with a seating 38 capacity of less than six thousand five hundred guests, unless such 39 venue, other than a broadway theater, is fully or partially owned, oper- 40 ated, controlled, leased by, a parent company of, or a subsidiary of a 41 ticketing company; or (ii) places of entertainment such as fair grounds, 42 amusement parks, museums, observatories, ski resorts, ice skating rinks 43 and other recreational facilities or events wherein rides, exhibits and 44 displays, games or activities of skill or chance or the sale of food, 45 beverages, toys and souvenirs constitute the main uses. 46 § 2. This act shall take effect on the sixtieth day after it shall 47 have become a law; provided, however, that the amendments to article 25 48 of the arts and cultural affairs law made by section one of this act 49 shall not affect the repeal of such article and shall be deemed repealed 50 therewith.

51 PART F

S. 8221--B 9

1 Section 1. Paragraph (c) of subdivision 1 of section 25.30 of the arts 2 and cultural affairs law, as added by chapter 151 of the laws of 2010, 3 is amended to read as follows: 4 (c) employ a paperless ticketing system unless the consumer is given 5 an option to purchase paperless tickets that the consumer can transfer 6 at any price, and at any time, and without additional fees, independent 7 of the operator or operator's agent , except as otherwise provided in 8 subdivision four of section 25.29 of this article . Notwithstanding the 9 foregoing, an operator or operator's agent may employ a paperless tick- 10 eting system that does not allow for independent transferability of 11 paperless tickets only if the consumer is offered an option at the time 12 of initial sale to purchase the same tickets in some other form that is 13 transferable independent of the operator or operator's agent including, 14 but not limited to, paper tickets or e-tickets. The established price 15 for any given ticket shall be the same regardless of the form or trans- 16 ferability of such ticket. The ability for a ticket to be transferred 17 independent of the operator or operator's agent shall not constitute a 18 special service for the purpose of imposing a service charge pursuant to 19 section 25.29 of this article. 20 § 2. This act shall take effect on the sixtieth day after it shall 21 have become a law, provided, however, that the amendments to paragraph 22 (c) of subdivision 1 of section 25.30 of the arts and cultural affairs 23 law made by section one of this act shall not affect the repeal of such 24 section and shall be deemed repealed therewith.

25 PART G

26 Section 1. Section 4 of chapter 704 of the laws of 1991 amending the 27 arts and cultural affairs law and chapter 912 of the laws of 1920 relat- 28 ing to the regulation of boxing and wrestling matches relating to tick- 29 ets to places of entertainment, as amended by chapter 155 of the laws of 30 2025, is amended to read as follows: 31 § 4. This act shall take effect on the sixtieth day after it shall 32 have become a law, provided, chapter 61 of the laws of 2007 shall not 33 take effect with respect to the issuance of licenses or certificates 34 under this article by the secretary of state or department of state 35 until January 1, 2008 and regulation under this article by the commis- 36 sioners of licenses of the political subdivisions of the state shall 37 continue through December 31, 2007, and shall remain in full force and 38 effect only until and including June 30, [ 2026 ] 2029 when such act shall 39 be repealed and when, notwithstanding any other provision of law, the 40 provisions of article 25 of title G of the arts and cultural affairs 41 law, repealed by such act, shall be reinstituted; provided further that 42 section 25.11 of the arts and cultural affairs law, as added by section 43 one of this act, shall survive such repeal date. Provided, however, the 44 printing on tickets required pursuant to sections 25.07 and 25.08 of 45 article 25 of the arts and cultural affairs law, as added by this act, 46 shall not apply to tickets printed prior to enactment of such article so 47 long as notice of the higher maximum premium price and prohibition of 48 sales within one thousand five hundred feet from the physical structure 49 of the place of entertainment, where applicable, is prominently 50 displayed at the point of sale and at such place of entertainment. 51 § 2. Section 11 of chapter 151 of the laws of 2010, amending the arts 52 and cultural affairs law relating to resale of tickets to places of 53 entertainment, as amended by chapter 155 of the laws of 2025, is amended 54 to read as follows:

S. 8221--B 10

1 § 11. Notwithstanding the provisions of article 5 of the general 2 construction law, if this act shall take effect after May 15, 2010, the 3 provisions of article 25 of the arts and cultural affairs law, except 4 section 25.11 are hereby revived and shall continue in full force and 5 effect as they existed on May 15, 2010 through June 30, [ 2026 ] 2029 when 6 upon such date such provisions shall expire and be deemed repealed. 7 § 3. This act shall take effect immediately. 8 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 9 sion, section or part of this act shall be adjudged by any court of 10 competent jurisdiction to be invalid, such judgment shall not affect, 11 impair, or invalidate the remainder thereof, but shall be confined in 12 its operation to the clause, sentence, paragraph, subdivision, section 13 or part thereof directly involved in the controversy in which such judg- 14 ment shall have been rendered. It is hereby declared to be the intent of 15 the legislature that this act would have been enacted even if such 16 invalid provisions had not been included herein. 17 § 4. This act shall take effect immediately; provided, however, that 18 the applicable effective date of Parts A through G of this act shall be 19 as specifically set forth in the last section of such Parts.

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