* § 25.10. Ticket resale requirements. 1. It shall be unlawful for a\nlicensee or other ticket reseller to contract for the sale of tickets,\ncontract to obtain tickets for another, or accept consideration for\npayment in full or for a deposit for the sale of tickets unless such\nlicensee or other ticket reseller meets one or more of the following\nrequirements:\n (a) such licensee or other ticket reseller has the offered ticket in\nits possession;\n (b) such licensee or other ticket reseller has a written contract to\nobtain the offered ticket at a certain price from a person in possession\nof the ticket or from a person who has a contractual right to obtain\nsuch ticket; or\n (c) such licensee or other ticket reseller informs the purchaser in a\nclear and conspicuous manner and in plain language at the time of\noffering such ticket for sale and in a written notice prior to the\ncompletion of the transaction that such licensee or other ticket\nreseller does not have possession of the ticket, has no contract to\nobtain the offered ticket at a certain price from a person in possession\nof the ticket or from a person who has a contractual right to obtain\nsuch ticket, may not be able to supply the ticket at the contracted\nprice or range of prices, and requires such purchaser to expressly\nconfirm prior to completing the transaction that the purchaser has read\nsuch notice.\n 2. Nothing in this section shall prohibit a licensee or other ticket\nreseller from accepting a deposit from a prospective purchaser for a\nresale pursuant to paragraph (c) of subdivision one of this section,\nprovided that such licensee or other ticket reseller informs the\npurchaser in writing prior to receipt of consideration of the terms of\nthe deposit agreement, and includes in the written notice the\ndisclosures otherwise required by this section. If a licensee or ticket\nreseller has entered into a contract with or received consideration from\na prospective purchaser for the sale of a ticket or tickets and cannot\nsupply such ticket or tickets at the contracted price or price range,\nsuch licensee or ticket reseller shall refund any monies paid by such\nprospective purchaser within ten business days of receipt of a request\nfor a refund from such purchaser.\n 3. Nothing in this section shall be construed to nullify, expand,\nrestrict, or otherwise amend or modify now existing laws or regulations\noutside of this article, and nothing in this section shall be construed\nas making lawful any fraudulent, deceptive, or illegal act or practice\nthat is unlawful pursuant to now existing laws or regulations.\n 4. The attorney general shall have jurisdiction to enforce the\nprovisions of this section in accordance with the powers granted to him\nor her by section sixty-three of the executive law.\n * NB Repealed July 1, 2026\n
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