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For purposes of this subchapter, the following terms have the following meanings:
Guide. The term "guide" has the same meaning as in section 20-242 of the code.
Mode of transportation. The term "mode of transportation" means every device in, upon, or by which any person or property is or may be transported or drawn upon a street, highway, body of water, or through the air, including motorized and non-motorized devices.
Place of entertainment. The term "place of entertainment" means any privately or publicly owned and operated entertainment facility, such as a theater, stadium, arena, racetrack, museum, amusement park, observatory, or other place where attractions, performances, concerts, exhibits, athletic games, or contests are held for which an entry fee is charged.
Public space. The term "public space" means all publicly owned property between the property lines on a street as such property lines are shown on the City Record, including, but not limited to, a park, plaza, pedestrian plaza, roadway, shoulder, tree space, sidewalk, or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharfs, stadiums, and terminals.
Guided tour. The term "guided tour" means any event during which a person acts as a guide.
Ticket. The term "ticket" means any evidence of, or anything purported to be evidence of, the right to enter or participate in any place of entertainment, mode of transportation, or guided tour.
Ticket seller. The term "ticket seller" means a person who:
(1) vends tickets in a public space, unless such person is vending tickets on behalf of a mode of transportation operating pursuant to a contract with the city of New York or an entity authorized to act on the city of New York's behalf; or
(2) sells, gives, or otherwise transfers, for vending in a public space, any ticket to another person, unless such person is a place of entertainment, mode of transportation, or guided tour.
Ticket seller license. The term "ticket seller license" means a license issued by the commissioner to a ticket seller.
Vend. The term "vend" means to hawk, peddle, sell, lease, offer to sell or lease, at retail, tickets.
Vend in an aggressive manner. The term "vend in an aggressive manner" means:
(1) approaching or speaking to a person, or following a person before, during, or after vending, if that conduct is intended or is likely to cause a reasonable person to (i) fear bodily harm to oneself or to another, damage to or loss of property, or the commission of any offense as defined in section ten of the penal law upon oneself or another; (ii) otherwise be intimidated into giving money or other thing of value; or (iii) suffer unreasonable inconvenience, annoyance, or alarm;
(2) intentionally touching or causing physical contact with another person, or an occupied vehicle without such person's or vehicle occupant's consent in the course of vending, or intentionally touching or causing physical contact with another person in the company of the person being vended to without such person's consent in the course of vending;
(3) intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle in the course of vending by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; or
(4) using violent or threatening gestures in the course of vending.
(L.L. 2016/080, 6/28/2016, eff. 8/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/080.
a. 1. It shall be unlawful for any person required to be licensed pursuant to this subchapter to act as a ticket seller without having first obtained a ticket seller license in accordance with this subchapter.
2. It shall be unlawful for any person to knowingly sell, give, or otherwise transfer, for vending in a public space, any tickets, to an unlicensed ticket seller.
b. All ticket seller licenses shall be valid for no more than one year and expire on July 31 each year unless suspended or revoked. The annual fee for such license or renewal thereof shall be $45 or shall be a portion of $45 prorated to the effective period of the license, and shall be paid unless the applicant is exempted by article four of the general business law.
c. 1. Each person applying for a ticket seller license or renewal thereof shall file an application in such form and detail as the commissioner may prescribe and shall pay the fee required by this subchapter.
2. An application for a ticket seller license shall include, but need not be limited to, the following information:
(i) the name of the applicant and at least one piece of current valid photo identification issued by a government agency of any jurisdiction that may be used to establish proof of identity;
(ii) the name and address of each person on whose behalf the applicant vends, or intends to vend, or if the applicant is not vending on behalf of another person, the home address of the applicant;
(iii) one print of a full-face photograph of the applicant taken not more than 30 days prior to the date of the application; and
(iv) if an applicant is a non-resident of the city, the name and address of a registered agent within the city or designation of the commissioner as their agent upon whom process or other notification may be served.
d. Upon the approval of an application, the commissioner shall issue a ticket seller license to the applicant. Such licenses shall not be transferrable.
e. A ticket seller license shall contain the licensee's name, license number, and a non-removable photograph of the licensee.
f. Whenever any information provided on the application for a ticket seller license or renewal thereof has changed, such licensee shall notify the commissioner within 10 days of such change.
g. The commissioner may promulgate rules exempting any non-profit association including, but not limited to, a government agency, charitable, educational, religious, or other such organization from compliance with this subchapter.
(L.L. 2016/080, 6/28/2016, eff. 8/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/080.
a. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or chapter one of this title, or any rules promulgated pursuant to such subchapter or chapter, the commissioner may refuse to issue or renew a ticket seller license:
1. if an applicant has pending any unanswered summons, unsatisfied fines, or penalties for violation of this subchapter or chapter one of this title, or any rules promulgated pursuant to such subchapter or chapter; or
2. for any cause set forth in chapter one of this title or elsewhere in this subchapter as a ground for suspension, or revocation, or non-renewal.
b. Notwithstanding subdivision a of this section, the commissioner shall refuse to renew a ticket seller license if the commissioner becomes aware of any of the following:
1. an applicant has been convicted of a misdemeanor pursuant to subdivision a of section 20-556;
2. an applicant has failed to answer a summons or notice of violation, appear for a civil or criminal summons, or pay a fine or civil penalty imposed pursuant to the provisions of this subchapter or chapter one of this title, or any rules promulgated pursuant to such subchapter or chapter, two or more times within any one year period; or
3. an applicant has been convicted of a crime while acting as a ticket seller.
(L.L. 2016/080, 6/28/2016, eff. 8/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/080.
Unless otherwise specifically provided, notice and hearings upon the denial, suspension, or revocation of a ticket seller license or the imposition of penalties provided in this subchapter shall be in accordance with chapter one of this title and any rules promulgated pursuant to such chapter.
(L.L. 2016/080, 6/28/2016, eff. 8/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/080.
a. Each ticket seller shall wear their ticket seller license conspicuously at all times while engaged in vending and shall exhibit such license upon demand to any police officer, peace officer, or other authorized officer or employee of the department or other city agency.
b. In any civil or criminal action or proceeding for any violation of this subchapter or any rules promulgated pursuant to such subchapter, failure by a ticket seller required to be licensed pursuant to this subchapter to exhibit upon demand a ticket seller license in accordance with this subchapter to any police officer, peace officer, or other authorized officer or employee of the department or other city agency shall be presumptive evidence that such person is not duly licensed.
c. Each ticket seller shall wear a jacket, vest, or other wearing apparel on the upper part of their body as the outermost garment at all times while engaged in vending. Such apparel shall indicate that the ticket seller is licensed under this subchapter; the ticket seller's license number; and, if the ticket seller is employed by or vends on behalf of a place of entertainment, mode of transportation, or guided tour, the name of such place of entertainment, mode of transportation, or guided tour. Such information shall be in lettering and numerals at least one inch in height so as to be plainly readable at a distance of at least ten feet.
(L.L. 2016/080, 6/28/2016, eff. 8/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/080.
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