Subchapter 9 - SALE OF TRAVEL TICKETS

Section 20-744

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.