BILL NUMBER: S8479
SPONSOR: BASKIN
 
TITLE OF BILL:
An act to amend the general business law, in relation to requiring
certain entertainment and sports venues constructed or operating under
public financial benefit to implement fan-friendly concession pricing
policies
 
PURPOSE:
To ensure that entertainment and sport venues receiving public financial
benefits adopt fair and transparent food and beverage pricing policies
that reflect local market rates and promote affordability for the gener-
al public.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one titles the bill as the "Fair Concession Pricing Act."
Section two states the legislative findings, declaring that excessive
pricing at subsidized venues limits public access and undermines the
intended benefit of taxpayer support.
Section three adds a new section 397-c to the General Business Law and
provides definitions for entertainment facility and public financial
benefit. It requires qualifying venues to adopt a fan-friendly conces-
sion pricing policy, which limits food and non-alcoholic beverage prices
to no more than 20 percent above the average retail price of similar
items sold at non-venue businesses within a 10-mile radius. Addi-
tionally, it authorizes the Secretary of State to conduct audits and
enforce compliance, the Attorney General to seek injunctive relief in
court, and allows the courts to impose civil penalties of up to $10,000
per event for violations. This section also declares the potential
suspension of tax benefits or repayment of public funds for repeated
violations and requires facilities to submit annual compliance reports
to the Department of State, including average concession prices, compa-
rable local pricing data, and documentation of compliance.
Section four sets forth the effective date.
 
JUSTIFICATION:
From ballparks to concert venues, New Yorkers are paying more than ever
to enjoy live events and the highest prices are often found at the
concession stands. Basic items like bottled water and snacks are
routinely sold at rates far above those at nearby retail locations.
This growing affordability gap strains families and undermines the very
purpose of public financial support for these venues.
Many of these facilities are built or operated with substantial taxpayer
funding or benefit from tax exemptions and in return they should serve
the public not exploit them. The practice of price gouging at concession
stands especially in venues receiving public subsidies contradicts this
responsibility. Recent reports show that Americans overwhelmingly
support fair pricing in these settings and that implementing pricing
reforms can actually boost total sales while enhancing the customer
experience.
This bill ensures that prices for food and non-alcoholic beverages at
qualifying venues do not exceed twenty percent above the average price
of comparable items sold within a ten mile radius. It establishes clear
enforcement measures including fines and the possible suspension of tax
benefits for repeated violations and requires annual compliance report-
ing to promote transparency and accountability.
By linking fair pricing standards to public financial support this bill
reaffirms the principle that when public dollars help build a facility
the benefits should flow back to the community starting with a more
affordable experience for every fan, family, and visitor.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Agencies may begin rulemaking prior to that
date.