Title 13 Part 53

The ticket distributor registration statement required under section 23.23 of article 23 of the Arts and Cultural Affairs Law shall be designated form TD-1A and shall be filed with the Bureau of Securities of the Department of Law at 28 Liberty Street, New York, NY 10005 during normal business days of the Department of Law between the hours of 9 a.m. and 5 p.m.

The TD-1A form for each particular theatre, stadium, garden, arena or other place where theatre or sporting events are held shall set forth:

The date of the filing of the registration shall be set forth, and the name and position of the person filing the form, and the signature of said person.

It shall be the responsibility of each owner, lessee or operator, manager, treasurer, assistant treasurer, or any other theatre or sporting events personnel, to file the forms TD-1A and TD-2A and maintain his name as reported thereon on a current basis. However, such forms may be filed by others on his behalf.

All changes or modifications in the information registered on form TD-1A shall be reported, within 20 days of such change or modification, on form TD-2A.

An updated TD-1A form may be filed at any time, but not less than once every 12 months. When a change of ownership of a theatre, stadium, garden, arena or other place where theatre or sporting events are held occurs, an updated form TD-1A shall be filed. Any form TD-1A's prior to the effective date of this Part shall be deemed in compliance with this Part unless: (1) a change or modification takes place requiring an amendment, or (2) more than 12 months have passed since such form has been filed.

All theatre and sporting events ticket personnel as defined in this section shall keep or cause to be kept books, records, memoranda of correspondence containing the following information in connection with the sale or distribution of tickets:

All records required to be kept pursuant to this section shall be preserved for a period of not less than one year subsequent to the date of performance to which such record relates, and shall be made available for inspection upon request to duly authorized agents of the Department of Law at the premises of the theatre, stadium, garden, arena or other place where theatre or sporting events are held, or pursuant to a subpoena at the office of the Department of Law.

The letter of credit, bond or contract of indemnity required under section 23.08(2) of article 23 of the Arts and Cultural Affairs Law shall be in the form available from the New York State Department of State, Division of Licensing Services, 162 Washington Avenue, Albany, NY 12231 and shall be filed with the New York State Department of State, Division of Licensing Services, 162 Washington Avenue, Albany, NY 12231, along with a cover letter setting forth the name and address of the person submitting the letter of credit, bond or contract of indemnity and indicating for whom such letter of credit, bond or contract of indemnity is filed and the purpose for which it is filed. The face amount of the letter of credit, bond or contract of indemnity, together with any escrow deposit, shall be equivalent to the amount of money collected from the advance ticket sales governed by section 23.08. There shall be included in the cover letter accompanying the letter of credit, bond or contract of indemnity, or in a separate statement, a representation by the ticket distributor that any monies collected from advance ticket sales in excess of the amount of the letter of credit, bond or contract of indemnity will be held in an escrow account, as provided by subdivision (l) of 23.08.