Section 20-744
§ 20-744 Procurement or sale of tickets, reservations or passenger
accommodations. a. It is hereby determined and declared that the price
or charge for the procurement on behalf of another, by purchase or
otherwise or upon the sale or resale, within the corporate limits of the
city of New York, of tickets, reservations or passenger accommodations
issued by any railroad, parlor or sleeping car owner or operator,
steamship company, air line or bus line is a matter affected with a
public interest and subject to the supervision of the authorities of
said city for the purpose of safeguarding the public against fraud,
extortion, exorbitant rates and similar abuses.
b. It shall be unlawful for any person to require, charge, make or
receive, within the corporate limits of the city of New York, for the
procurement on behalf of another, by purchase or otherwise, of any
ticket, reservation or passenger accommodation, issued by any railroad,
parlor or sleeping car owner or operator, steamship company, air line or
bus line, a fee or service charge or any payment or consideration for
rendering such service in excess of one dollar for the first
transportation ticket, reservation or passenger accommodation or first
parlor car or sleeping car reservation or passenger accommodation, or in
excess of one dollar for any additional transportation ticket or parlor
car or sleeping car reservation or passenger accommodation over the
established tariff charge or charges therefor.
c. It shall be unlawful for any person to procure on behalf of another
person, within the corporate limits of the city of New York by purchase
or otherwise, any ticket, reservation or passenger accommodation, issued
by any railroad, parlor or sleeping car owner or operator, steamship
company, air line or bus line, with the intent, with respect to such
other person, to require, charge, make or receive a service charge or
any payment or consideration for rendering service in excess of the
amount or amounts hereinabove specified in subdivision b over the
established tariff charge or charges therefor.
Proof of the making of a service charge or of the receipt of any
payment or consideration, in connection with the procurement of such
ticket, reservation or passenger accommodation, for such other person,
in excess of the amount or amounts hereinabove specified in subdivision
b, over such established tariff charge or charges, shall be presumptive
evidence of the intent mentioned in the next preceding subdivision.
d. It shall be unlawful for any person to sell, resell or cause to be
resold, within the corporate limits of the city of New York, any ticket,
reservation or passenger accommodation, issued by any railroad, parlor
or sleeping car owner or operator, steamship company, air line or bus
line, at a price in excess of the amount or amounts hereinabove
specified in subdivision b over the established tariff charge or charges
therefor.
e. It shall be unlawful for any person to procure, within the
corporate limits of the city of New York, by purchase or otherwise, any
ticket, reservation or passenger accommodation, issued by any railroad,
parlor or sleeping car owner or operator, steamship company, air line or
bus line, with the intent to sell or resell the same, or cause the same
to be sold or resold, at a price in excess of the amount or amounts
hereinabove specified in subdivision b over the established tariff
charge or charges therefor.
Proof of the sale or resale of such ticket, reservation or passenger
accommodation or combination thereof at a price in excess of the amount
or amounts hereinabove specified in subdivision b over such established
tariff charge or charges shall be presumptive evidence of the intent
mentioned in the next preceding subdivision.
f. The term "person" as used in this section includes any officer or
employee of a corporation or a member or employee of a partnership who,
as such officer, member or employee, is responsible for the act in
respect of which the violation occurs.
The term "established tariff charge" shall be the charge set forth in
the tariff as published and filed by the railroad, parlor or sleeping
car owner or operator, steamship company, air line or bus line involved.
g. The person responsible for the management of each travel agency and
hotel operating within the corporate limits of the city of New York
shall cause a copy of this subchapter to be posted in a conspicuous
place upon the premises of the agency or hotel for the information of
patrons, guests and members of the public at large.
h. Any person violating any of the provisions of this subchapter shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a
fine not exceeding one hundred dollars or by imprisonment not exceeding
ten days or both, for each separate offense.
i. This subchapter shall not apply to tickets, reservations or
passenger accommodations: (a) to or from places outside of the
continental United States and Canada, excluding Alaska; nor (b) to
existing written contracts between any travel agency with corporations,
firms or government agencies covering tourist or travel services.