New York ACA Code § 23.03

Definitions
Open in Lexace · Ask the AI about this section
§ 23.03. Definitions. 1. The following terms, whenever used or\nreferred to in this article, shall have the following meanings, unless\nthe context clearly requires otherwise:\n  (a) A "theatrical production" shall mean those live-staged dramatic\nproductions, dramatic-musical productions and concerts, as defined in\nthis subdivision, which hereafter are shown to the public for profit and\nwhich are financed wholly or in part by the offering or sale in or from\nthis state, directly, or through agents or distributors, of investment\nagreements, evidences of interest, limited partnerships, producer\nshares, equity or debt securities, pre-organization subscriptions or any\nother syndication participation, when any persons are offered, solicited\nto purchase or sell, directly or indirectly, such syndication interests\nfor moneys or services within or from the state of New York; provided,\nhowever, that for purposes of paragraphs (h) and (i) of this subdivision\na "theatrical production" shall mean any live-staged dramatic\nproduction, dramatic-musical production or concert which is presented to\nthe public in a place of entertainment as defined in this subdivision.\n  (b) "Fraud", "deceit", and "defraud", as such terms are used in this\narticle, are not limited to common-law deceit.\n  (c) "Syndication" shall mean all forms, methods and devices for\npooling of investment funds for the chief purpose of participating in a\ntheatrical production company, as defined herein.\n  (d) A "principal" shall mean and include every person or firm directly\nor indirectly controlling the business affairs or operations of a\ntheatrical production company or of a ticket distributor, as defined\nherein.\n  (e) A "person" shall mean an individual, firm, company, partnership,\ncorporation, trust or association.\n  (f) A "concert" shall mean any live performance whether musical or\nspoken, dramatic or nondramatic, by one or more performers, which is\npresented to the public in a place of entertainment, as defined in this\nsubdivision.\n  (g) A "sporting event" shall have the same meaning as set forth in\nsubdivision three of section 23.23 of this article.\n  (h) The term "event" shall mean a theatrical production or sporting\nevent, as those terms are defined in this subdivision, or any other\npublic exhibition, game, show, contest or performance which is presented\nto the public in a place of entertainment as defined in this\nsubdivision.\n  (i) A "place of entertainment" shall mean a theatre, dinner theatre,\nhall, coliseum, convention center, arena, auditorium, stadium, concert\nhall, garden, outdoor space or other place of amusement operated as a\nfor profit entity and located in this state in which theatrical\nproductions, sporting events or other events are presented.\n  (j) A "theatrical production company" shall mean any entity formed to\n(i) develop, produce, invest in or otherwise exploit, or any combination\nthereof, one or more specified or nonspecified theatrical productions,\nand (ii) conduct all activities related thereto.\n  (k) The term "advance ticket" shall mean a ticket of admission sold\nmore than twelve hours in advance of the time of performance of the\nevent for which the ticket is purchased.\n  (l) The term "ticket distributor" shall have the same meaning as set\nforth in subdivision one of section 23.23 of this article.\n  (m) The term "accredited investor" shall mean (i) a natural person\nwhose individual net worth (or joint net worth with his or her spouse)\nwill exceed one million dollars at the time of purchase, or (ii) a\nnatural person who has an individual income (exclusive of any income\nattributable to a spouse) of more than two hundred thousand dollars for\nthe past two years or joint income with a spouse of more than three\nhundred thousand dollars in each of those years and has a reasonable\nexpectation of reaching the same income level in the current year, or\n(iii) an entity in which each equity owner is an accr

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.