Section 23.23. Prohibited activities of ticket distributors

1. The term
  "ticket distributor" shall  mean  all  owners,  operators  or  operating
  lessees  whether an individual, firm, company, partnership, corporation,
  trust  or  association  who  control  the  operation  of  a   place   of
  entertainment,  as  that  term is defined in this article, including the
  allocation or distribution of tickets to any  event,  as  that  term  is
  defined  in  this article, and all controlling partners, and controlling
  stockholders and controlling officers of the aforesaid; and all  agents,
  representatives,  employees  and licensees of any of the aforementioned,
  including  without  limitation  box  office  treasurers  and   assistant
  treasurers  of  places of entertainment, who for any period of time have
  control of the allocation or distribution by designation or authority of
  the aforementioned, of tickets in connection with the showing of events,
  but shall not include subordinate personnel performing non-discretionary
  or  ministerial  functions  in  connection  with   the   allocation   or
  distribution of tickets for events.
    2.  A "theatrical production" as used in this section shall mean those
  live-staged  dramatic  productions,  dramatic-musical  productions   and
  concerts as defined in section 23.03 of this chapter which hereafter are
  shown to the public in a place of entertainment.
    3.  A  "sporting  event"  as  used  in  this  section shall mean those
  contests, games, or other events involving athletic or  physical  skills
  which  are  shown  to  the  public in a place of entertainment and whose
  participants are paid for the exhibition of their athletic  or  physical
  skills,  but  not exhibitions under the jurisdiction of the state racing
  or state harness racing commissions.
    4. It shall be  illegal  and  prohibited  for  any  owner,  lessee  or
  operator  or  manager  or  treasurer or assistant treasurer or any other
  ticket distributor of a place  of  entertainment,  as  defined  in  this
  article,  to sell tickets to any event to be held in this state directly
  or indirectly, through agents, employees or otherwise, unless and  until
  there  is  filed  with the department of law of the state of New York by
  the  ticket  distributor,  directly  or  indirectly,   controlling   the
  distribution  of  tickets  a registration known as a "ticket distributor
  registration" on which shall  be  contained  the  names,  addresses  and
  connection  with the distribution of tickets of all ticket distributors,
  as defined herein, on forms issued by the attorney general of the  state
  of  New York, as applicable to such registration and amendments thereto.
  It shall be illegal for any  ticket  distributor  to  sell  tickets,  or
  control  the  sale  thereof,  unless  named  on  such  registration. The
  attorney general may issue an order cancelling or suspending the name of
  a particular individual or individuals from such registration  or  issue
  an order barring such person from selling any tickets to any event to be
  held in this state as aforesaid whether or not the person's name appears
  on  any  particular  registration after a hearing, conducted by him or a
  designated officer, when, based upon substantial evidence on the  entire
  record, it is determined that: such ticket distributor or any person who
  resells  tickets  to  any  event  to be held in this state subsequent to
  October first, nineteen hundred sixty-five, directly or indirectly,  has
  willfully   aided,  abetted  or  participated  in  exacting,  demanding,
  accepting or receiving, directly or indirectly, any premium or price  in
  excess of the regular or established price or charge, plus lawful taxes,
  as  printed  upon the face of each ticket or other evidence of the right
  of entry thereto, for tickets to any event to be held in this state from
  members of the public or ticket brokers or agents, whether designated as
  price, gratuity or otherwise; or whenever such  ticket  distributor  has
  been  convicted  of  any  crime  relating  to the sale of tickets to any
  event,  or  violations  of  this  article;  or  whenever   such   ticket

  distributor  shall  have  engaged in any practice in connection with the
  sale of tickets to any event which operates as a fraud upon  the  public
  or  amounts to financial misconduct, or the exacting of exorbitant rates
  or  other  similar  abuses;  or  whenever  any  ticket  distributor  has
  willfully violated  any  provision  of  this  article  or  any  rule  or
  regulation  issued thereunder. The attorney general may also issue rules
  and regulations relating to the maintenance of  box  office  records  of
  places  of  entertainment  and with respect to the filing and content of
  ticket  distributor  registrations,  including  exemptions  relating  to
  educational  institutions which the attorney general may determine to be
  in the public interest.
    5. All ticket distributors as defined in this section  shall  keep  or
  cause  to be kept books, records, memoranda or correspondence containing
  the following information in connection with the sale or distribution of
  tickets:
    (a) The number of tickets sold, allocated  or  distributed  to  ticket
  brokers  licensed  pursuant  to  article  twenty-five of this chapter or
  other known brokers, specifying the price and location  of  each  ticket
  sold,  allocated  or distributed to each broker and the date and time of
  performance of each such ticket.
    (b) The number of tickets among those  allocated  and  distributed  to
  brokers  by  ticket  distributors,  returned  by  each  broker to ticket
  distributors specifying the price of each such returned ticket  and  the
  date and time of performance of each such ticket.
    (c)  The  number  of  tickets  sold or distributed as house seats with
  recipients  thereof;  or  to  duly   licensed   theatre   party   agents
  representing  charitable  or  eleemosynary organizations, specifying the
  price and location of each ticket sold, allocated or distributed and the
  date and time of performance of each such ticket.
    (d) All mail order correspondence, including disposition thereof.
    All records required to be kept pursuant  to  this  section  shall  be
  preserved  for a period of not less than one year subsequent to the date
  of performance to which such record relates.
    6. Any person aggrieved by an order of the attorney general  hereunder
  may  obtain  a  review  of  such  order in the appellate division of the
  supreme court pursuant to article seventy-eight of  the  civil  practice
  law and rules by filing in such court within ten days after the entry of
  such  order,  a  notice of petition, petition and suitable affidavits as
  provided in subdivision (c) of section seven thousand eight hundred four
  of the civil practice law and rules,  praying  that  the  order  of  the
  attorney  general  be modified or set aside in whole or in part upon any
  of the grounds set forth in section seven thousand eight  hundred  three
  of the civil practice law and rules.
    7.  If any provision of this section is in conflict with any provision
  of any law of the state of New York or any municipality  or  subdivision
  thereof  or  any  rule  or regulation thereof in force on October first,
  nineteen hundred  sixty-five,  the  provisions  of  this  section  shall
  prevail.