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The commissioner may make and promulgate such rules as are necessary to carry out the provisions of this subchapter.
(L.L. 2015/062, 6/29/2015, eff. 12/26/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062.
Subchapter 34: Ticket Sellers
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.
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