N.Y. Arts and Cultural Affairs Law 25.29 – Unlawful charges in connection with tickets
* § 25.29. Unlawful charges in connection with tickets. 1. No operator of any place of entertainment, or his or her agent, representative, employee or licensee shall, if a price be charged for admission thereto, exact, demand, accept or receive, directly or indirectly, any premium or price in excess of the established price plus lawful taxes whether designated as price, gratuity or otherwise; provided, however: (a) nothing in this article shall be construed to prohibit a reasonable service charge by the operator or agents of the operator for special services, including but not limited to, sales away from the box office, credit card sales or delivery; and (b) nothing in this article shall be construed to prohibit an operator or its agent from offering for initial sale tickets by means of an auction.
Terms Used In N.Y. Arts and Cultural Affairs Law 25.29
- Entertainment: means all forms of entertainment including, but not limited to, theatrical or operatic performances, concerts, motion pictures, all forms of entertainment at fair grounds, amusement parks and all types of athletic competitions including football, basketball, baseball, boxing, tennis, hockey, and any other sport, and all other forms of diversion, recreation or show. See N.Y. Arts and Cultural Affairs Law 25.03
- Established price: means the price fixed at the time of sale by the operator of any place of entertainment for admission thereto, which must be printed or endorsed on each ticket of admission. See N.Y. Arts and Cultural Affairs Law 25.03
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operator: means any person who owns, operates, or controls a place of entertainment or who promotes or produces an entertainment. See N.Y. Arts and Cultural Affairs Law 25.03
2. A reasonable and actual cost for the physical delivery of tickets may be charged by a seller or reseller based on the method of delivery selected by the purchaser; provided, however, that no delivery fee shall be charged by a seller or reseller for tickets delivered electronically or tickets that may be printed independently by the purchaser.
3. In any prosecution under this section the attorney general shall have concurrent jurisdiction with any district attorney and in any such prosecution he or she or his or her deputy shall exercise all the powers and perform all the duties which the district attorney would otherwise be authorized to exercise or perform therein.
* NB Repealed July 1, 2025