FAQ - Ticket Reseller

What are the requirements to be a licensed Ticket Reseller?

What are the fees, terms of licensure?

What forms of payment does the Department of State accept?

What does entertainment mean?

What must I submit with my application and fee?

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

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

Who is the Contact Person?

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

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

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

Who is exempt from licensure?

Do Ticket Resellers need to be bonded?

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

What is a "Place of Entertainment"?

Can the application fee be waived?

How does one renew their license?

What reports am I required to send to DOS?


What are the requirements to be a licensed Ticket Reseller?

Any person, firm or corporation who resells or engages in the business of reselling any tickets to a place of entertainment or who operates an internet website or any other electronic service that provides a mechanism for two or more parties to participate in a resale transaction of that facilitates resale transactions by the means of an auction, or who owns, conducts or maintains any office, branch office, bureau, agency or sub-agency for such business must procure a license for each location where business will be conducted. A $25,000 bond with two or more sufficient surities or a fuly authorized surity company must be submitted with the application and approved by the Secretary of State.

What are the fees, terms of licensure?

What forms of payment does the Department of State accept?

You may pay by Money Order, Company Checks or Cashier's Checks made payable to the Department of State or charge the fee to MasterCard or Visa using the credit card authorization form included with the application. If payment is being made by credit card, a separate credit card authorization must be submitted for each application. DO NOT SEND CASH OR PERSONAL CHECKS. Application fees are nonrefundable. A $20 fee will be charged for any check returned by your bank

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.

What must I submit with my application and fee?

• a bond in the amount of $25,000, with the Power of Attorney [§ 25.15]
• any additional documentation requested in response to a specific question on the application

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.

Do Ticket Resellers need to be bonded?

Yes, pursuant to § 25.15 of the Arts and Cultural Affairs law, every ticket reseller who is engaged in the business of reselling tickets to a place of entertainment within New York state must have a $25,000 bond with two or more sufficient sureties or a duly authorized surety company. Separate bonds must be submitted with the ticket reseller application and each branch office application and approved by the Secretary of State.

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."

How does one renew their license?

A renewal application and Certification of Bonded Status form are mailed to the Ticket Reseller's business address approximately 3 months prior to the expiration of the license. The renewal applications must be completed and submitted with the Certification of Bonded Status form and the required license renewal fee to the Department of State, Division of Licensing Services. Instructions for proper submission will be included with the renewal application. You have two years from the date your license expires to renew your license, otherwise you must re-apply with a new application, bond and fee.

What reports am I required to send to DOS?

Twice annually, ticket resellers must report to DOS the total number of and average resale or average final resale auction price of all tickets to each ticketed event. Repeat performances of a single event and multiple events that are part of a season long performance are treated as a single event for purposes of the reporting requirement. The information required to be reported shall be used exclusively for analytical purposes by DOS and is considered proprietary in nature and governed by the protections set forth in public Officers Law section 89(5). Reports must be submitted by June 30th and December 31st and may be sent to the following address:

Department of State
Division of Licensing Services
Att: Jodi Delollo
PO Box 22001
Albany, NY 12201-2001