Frequently Asked Questions - Ticket Reseller

What does entertainment mean?

"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.

Can a ticket reseller maintain a business address outside of NYS?

Yes, a main business or branch office address can be out of state. The venue of performance must be in state.

Can a ticket reseller maintain a branch office outside of NYS?

Yes.

Who is the Contact Person?

A "contact person" is any individual who has ownership in the ticket reseller business. This person indicates their name and home address on the application. They sign the application affirmation and the appropriate section of the bond. If a branch office will have a different contact person, then that person must sign the branch office application and bond.

Would internet companies, such as ebay, have to obtain a ticket reseller license?

Internet companies generally are required to be licensed. However, if the website serves as a platform to facilitate resale or resale by way of a competitive bidding process solely between third parties and does not in any other manner engaged in resales of tickets to places of entertainment, it is exempt from the licensing requirements.

Would individuals who sell tickets on ebay or any other internet company have to have a ticket reseller license?

Individuals who sell tickets on ebay or any other internet website are not required to be licensed as a ticket reseller if they have purchased the ticket solely for their own use or the use of their invitees, employees and agents or if they have purchased tickets on behalf of others and resell such tickets to others at or less than the established price.

Does an individual selling tickets outside an event have to have a license to resell tickets?

Individuals who purchase tickets solely for their own use or use of their invitees, employees and agents or individuals who purchase tickets on behalf of others and resells such tickets to invitees, employees and agents or others at or less than the established price are exempt from the licensure requirement. However, even those individuals who are exempt from licensure are prohibited from reselling tickets within a defined buffer zone of 1,500 feet from the physical structure or ticket office of a venue having a permanent seating capacity in excess of 5,000 persons and within 500 feet of the physical structure or ticket office of a venue having a permanent seating capacity of 5,000 or fewer persons.

Who is exempt from licensure?

• A "Not-for-profit" organization as defined in § 25.03 of the Arts and Cultural Affairs Law.
• Any operator or manager of a website that serves as a platform to facilitate resale, or resale by way of a competitive bidding process, solely between third parties and does not in any other manner engage in resales of tickets to places of entertainment.

What records must a Ticket Reseller business retain in their files?

Records shall be retained for a period of not less than ten years. See section 25.25 of Article 25 of the Arts and Cultural Affairs law for a listing of records that must be retained.

What is a "Place of Entertainment"?

A place of entertainment is any privately or publicly owned and operated entertainment facility such as a theatre, stadium, arena, racetrack, museum, amusement park, or other places where performances, concerts, exhibits, athletic games or contests are held for which an entry fee is charged.

Can the application fee be waived?

A business that provides a service to facilitate ticket transactions without charging any fees, surcharges or service charges above the established price, on every transaction, except a reasonable and actual charge for the delivery of tickets, shall have the ticket reseller application fee waived. See section 25.03(2) of the Arts and Cultural Affairs Law for the definition of "established price". A signed statement must be submitted with the ticket reseller application indicating that, "In accordance with § 25.13(2) of the Arts and Cultural Affairs law, I am applying for a ticket reseller license and I meet the qualifications for having the application fee waived."