N.Y. ACA Law § 23.09

§ 23.09. Application of article; exemptions. 1. The provisions of\narticle twenty-three-A of the general business law shall not be\napplicable to offerings subject to the requirements of this article, or\nwith respect to such offerings, to producers or principals thereof.\n 2. The provisions of subdivisions one and two of section 23.08 of this\narticle shall not apply to any ticket distributor who offers or sells\nadvance tickets of admission, as set forth in such subdivisions, if such\nticket distributor or a principal thereof which owns or controls a fifty\npercent or greater interest in such ticket distributor or which owns or\ncontrols less than a fifty percent interest but at least a twenty-five\npercent interest in such ticket distributor and actively participates in\nthe day-to-day management of such ticket distributor or otherwise\nexercises managerial control:\n (a) has, for a period in excess of ten years, produced or presented\nevents at the same place of entertainment or produced or presented\nevents under the same corporate or organizational name; or\n (b) controls, is controlled by or under common control with any ticket\ndistributor which has, for a period in excess of ten years, produced or\npresented events at the same place of entertainment or produced or\npresented events under the same corporate or organizational name; or\n (c) maintains minimum net capital of one hundred thousand dollars or\nminimum net worth or, if a corporation, shareholder's equity of two\nhundred thousand dollars; or\n (d) offers or sells advance tickets of admission to a theatre or other\nplace of entertainment as defined in section 23.03 of this article (i)\nwhich contains no more than ninety-nine seats for paying customers, or\n(ii) for which the average ticket sale revenues, as measured over the\npreceding fifty-two week period, does not exceed two thousand five\nhundred dollars per week for each week for which tickets are sold; or\n (e) is a not-for-profit, educational, charitable, or tax-exempt\norganization which sells tickets to an event produced or presented by\nthe organization.\n The attorney general may from time to time make, amend and rescind\nsuch rules and regulations as are necessary to carry out the provisions\nof this article, notwithstanding any other provision of this section,\nproviding for exemptions therefrom when he finds such action is not\ninconsistent with the public interest and defining any terms, whether or\nnot used in this article, insofar as the definitions are not\ninconsistent with the provisions of such article.\n