The bill would create an exemption to the rebuttable presumption applicable to vending tickets. The rebuttable presumption that violation of any laws or rules relating to ticket selling was caused by the place of entertainment, mode of transportation, or guided tour whose ticket is vended and/or the person on whose behalf the ticket is vended would not apply where the ticket is counterfeit or where the circumstances of the vending were not authorized or subject to the control of such venue.
- Enacted
History
Affirmative
- Inez D. Barron
- Joseph C. Borelli
- James G. Van Bramer
- Fernando Cabrera
- Margaret S. Chin
- Andrew Cohen
- Costa G. Constantinides
- Robert E. Cornegy, Jr.
- Elizabeth S. Crowley
- Laurie A. Cumbo
- Chaim M. Deutsch
- Daniel Dromm
- Rafael L. Espinal, Jr.
- Mathieu Eugene
- Julissa Ferreras-Copeland
- Vincent J. Gentile
- Vanessa L. Gibson
- David G. Greenfield
- Barry S. Grodenchik
- Corey D. Johnson
- Ben Kallos
- Andy L. King
- Peter A. Koo
- Karen Koslowitz
- Rory I. Lancman
- Stephen T. Levin
- Mark Levine
- Alan N. Maisel
- Melissa Mark-Viverito
- Steven Matteo
- Darlene Mealy
- Carlos Menchaca
- Rosie Mendez
- Donovan J. Richards
- Ydanis A. Rodriguez
- Deborah L. Rose
- Helen K. Rosenthal
- Rafael Salamanca, Jr.
- Ritchie J. Torres
- Mark Treyger
- Eric A. Ulrich
- James Vacca
- Paul A. Vallone
- Jumaane D. Williams
Int. No. 1231
By Council Member Garodnick
A Local Law to amend the administrative code of the city of New York, in relation to creating an exemption to the rebuttable presumption applicable to vending tickets
Be it enacted by the Council as follows:
Section 1. Subdivision d of section 20-559 of the administrative code of the city of New York, as added by local law number 80 for the year 2016, is amended to read as follows:
d. For the purposes of this subchapter, there shall be a rebuttable presumption that any violation of any provision of this subchapter or any rules promulgated pursuant to such subchapter by a ticket seller was caused by:
1. the place of entertainment, mode of transportation, or guided tour whose ticket is vended; and/or
2. the person on whose behalf the ticket is vended.
Such presumption shall not apply: (i) where the ticket vended is counterfeit and was not issued by the place of entertainment, mode of transportation, or guided tour; or (ii) where the circumstances of the vending were not authorized or subject to the control of the place of entertainment, mode of transportation, or guided tour.
e. A proceeding to recover any civil penalty pursuant to this section shall be commenced by the service of a summons or notice of violation which shall be returnable to the office of administrative trials and hearings.
§ 2. This local law takes effect on the same date that local law number 80 for the year 2016 takes effect.
KET 6/28/16 1:57PM
LS 8561/2016