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Entertainment and Ticket Sales

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Ticket Sales

§ Arts & Cultural Affairs Law §§ 25.03, 25.07, 25,08, 25.13, 25.35

Any entity that owns, operates or controls a place of entertainment must indicate the price charged for admission on all admission tickets. The knowing violation of this section is a misdemeanor. In addition, every ticket for a place of entertainment with more than 5,000 seats must have a disclosure on it stating that the ticket may not be resold within 1,500 feet of the physical entertainment venue.

At entertainment venues with more than 5,000 seats, the operator of the venue may designate an area for the resale of tickets. Otherwise, tickets cannot be resold within 1,500 feet of the venue. For entertainment sites with less than 5,000 seats, tickets cannot be resold within 500 feet of the property.1 Licensees operating out of a permanent structure are exempt from these provisions.

The operator of the entertainment establishment or the event promoter shall determine whether a seat for which a ticket is for sale has an obstructed view. Every sale/resale of such a ticket shall include a disclosure of the obstructed view.

Ticket Brokers or Resellers

§ Arts & Cultural Affairs Law §§ 25.13, 25.15

New York State regulates resellers of tickets to entertainment events, also known as ticket brokers. Brokers or resellers, including those who sell tickets online, must be licensed by the New York Secretary of State. Licensees must be bonded for $25,000, and the license must be conspicuously posted at each place of business. The Secretary of State has the power to investigate complaints.

A person or entity that resells tickets without a license is guilty of ticket solicitation, a misdemeanor. The selling of five (5) or more tickets without a license constitutes aggravated ticket solicitation, also a misdemeanor.

Refunds of Tickets

§ Arts & Cultural Affairs Law § 25.07

Resellers, or auctioneers/facilitators of resold tickets must guarantee a full refund of a ticket price (including fees) where:

  1. The event is cancelled. The reseller can keep actual handling and delivery fees so long as this fact was previously disclosed to the buyer;

  2. The ticket holder is not granted entrance into the event because, for example:
    1. The ticket is counterfeit;
    2. The ticket is cancelled by the issuer due to non-payment;
    3. The event was cancelled prior to the purchase of ticket, unless the ticket was cancelled due to the act or omission of the purchaser; or

  3. The ticket fails to conform to its advertised description unless the buyer has approved to a substitution of tickets.

The seller and purchaser must first make a good faith effort to remedy the dispute prior to receiving a refund.

Price of Tickets

§ Arts & Cultural Affairs Law §§ 25.23, 25.29, 25.30

An operator of the entertainment establishment cannot charge more than the established price plus tax, if applicable. The operator can, however, add a “service charge” for sales away from the box office, credit card sales, or delivery. Further, the operator cannot prevent the resale of season tickets or subscription tickets. Any ticket reselling office or broker must post conspicuously on its premises a schedule of the established price of any ticket being sold and the reseller's price. Further, anyone who buys a ticket from a reseller shall, upon request, receive a receipt that details the same information.

Remedies for Ticket Sale Violations

§ Arts & Cultural Affairs Law §§ 25.23, 25.29, 25.30

Violations of most laws concerning ticket sales or the resale of tickets constitute misdemeanors. In addition to the criminal liability, an injured party, such as the consumer can bring suit against the ticket seller or reseller, or its bond, to recover his or her actual damages or $50, whichever is greater, plus reasonable attorney’s fees.2

Film and Video Game Ratings Labeling

§ General Business Law Art. 29-J (§§ 611 – 612)

Under New York State law, it is unlawful to sell at retail a film or video game unless the film or video game rating (i.e., PG-13 for film, E for video games) is clearly displayed on the outside of the case, jacket or other covering of the film or video game. Violators of the law are subject to a civil penalty of up to $100.

Video Rental and Sales Privacy

§ 18 U.S.C. § 2710
§ General Business Law Art. 32 (§§ 670 – 675)

Under New York law, persons in the business of selling or renting videotapes or similar audio visual materials are prohibited, with certain exceptions, from knowingly disclosing to any person personally identifiable information concerning the consumer, including information that identifies a person as having rented or obtained specific video materials or services from the provider. However, disclosure is permitted if such disclosure is:

  • to the consumer;
  • with the informed written consent of the consumer given at the time the disclosure is sought;
  • to any person if the disclosure is incident to the ordinary course of business of the company (i.e., debt collection, order fulfillment, request processing or the transfer of ownership);
  • to a grand jury pursuant to a subpoena; or
  • pursuant to a court order in a civil or criminal case, upon the showing of 1) a compelling need for the information that cannot be accommodated by any other means, and 2) certain other criteria.
In order for informed consent to be given, the business must present the consumer with a notice, which must be attached to any membership, subscriber or rental agreement. The notice must state that the business from time to time provides the names and addresses of customers to marketers together with a description or subject material of materials rented by video customers and that the consumer has the right not to have his or her name and address sold. Further, the consumer affirmatively opts-in by signing a statement on the notice stating that he or she does not object to the release of the information. An additional notice must be posted at the point of sale (i.e., at the register) with the same information.

Any person found in violation of the law is liable in a court action for all actual damages sustained by the consumer or $500, whichever is higher, plus costs and reasonable attorney's fees. In addition, the Attorney General may obtain injunctive relief on behalf of consumers, and a fine of up to $1,000 for each violation. All actions under the law must be brought within two (2) years of the date of the act complained or of the date of discovery of such act.

Under federal law, video rental or sales businesses who knowingly disclose personally identifiable information (information which identifies a person as having requested or obtained specific video materials or services from a video business), with certain exceptions, are liable in a court action for damages of at least $2,500, in addition to punitive damages and reasonable attorney's fees. As under State law, actions must be brought within two (2) years of the act complained of, or the date of discovery. Disclosure is permitted under federal law:
  • to the consumer;
  • to any person with the informed, written consent of the consumer given at the time that the disclosure is sought;
  • to any person if the disclosure is solely the names and addresses of consumers and if the consumer had the opportunity to prohibit such disclosure or opt out, and the disclosure does not identify the title, description, or subject matter of any video tapes or other audio visual material;
  • to a law enforcement agency pursuant to a warrant;
  • pursuant to a court order in a civil proceeding; or
  • to any person if incident to the debt collection activities, order fulfillment, request processing, or the transfer of ownership.

In addition, under federal law, a video tape service provider shall destroy personally identifiable information as soon as practicable, but no later than one (1) year from the date the information is no longer necessary for the purpose for which it is collected.

up1 N.Y. Arts and Cultural Affairs Law §25.11.
up2 N.Y. Arts and Cultural Affairs Law §25.33.