SB 249

This bill would provide that tickets to entertainment events may be originally sold with resale and transfer restrictions only if the ticket seller also offers the option of purchasing the same tickets without resale and transfer restrictions

This bill would also provide that no ticket seller, entertainment venue operator, entertainment event participant, entertainment event sponsor, entertainment event promoter, or any agent of any of these entities may penalize a ticket buyer or seller for holding a resold ticket

This bill would also allow ticket issuers and venue operators to enforce certain policies, limits, and restrictions pertaining to ticket sales and event access

Relating to entertainment event ticketing; to provide that tickets to entertainment events may be originally sold with resale and transfer restrictions only if the ticket seller also offers the option of purchasing the same tickets without resale and transfer restrictions; to provide that no ticket seller, entertainment venue operator, entertainment event participant, entertainment event sponsor, entertainment event promoter, or any agent of any of these entities may penalize a ticket buyer or seller for holding a resold ticket; and to also allow ticket issuers and venue operators to enforce certain policies, limits, and restrictions pertaining to ticket sales and event access.

Section 1

(a) For the purposes of this section, the following terms shall have the following meanings: (1) NONTRANSFERABLE TICKETING SYSTEM. A system in which a ticket purchaser's ability to freely use, give away, or resell tickets he or she has purchased is restricted, either through contractual or technological means. (2) TICKET ISSUER. Any entity providing tickets to an entertainment event, including any of the following: a. The operator of a venue. b. The sponsor or promoter of an entertainment event. c. A sports team participating in an entertainment event or a league whose teams are participating in an entertainment event. d. A theatre company, musical group, or similar participant in an entertainment event. e. An agent of any person described in subdivisions a. through d. (3) TICKET PLATFORM. A marketplace that enables consumers to purchase and sell tickets. (b)(1) A ticket issuer may employ a nontransferable ticketing system only if the consumer is offered an option at the time of initial sale to purchase the same ticket in a transferable form that allows tickets to be given away or resold independent of and without requiring the consumer to log into the ticket issuer's preferred ticket platform, without penalty or discrimination. (2) A ticket buyer or seller may not be penalized, discriminated against, or denied access to an event solely on the grounds that the ticket or tickets were resold or on the grounds that the tickets were resold through a certain ticket platform. (c) Notwithstanding any other provision of law, a ticket issuer or venue operator may do any of the following: (1) Maintain and enforce policies with respect to conduct, behavior, or age restrictions at the venue or entertainment event. (2) Establish limits on the quantity of tickets that may be purchased. (3) Revoke or restrict season tickets for reasons related to violations of venue policy, including any of the following: a. Attempts by two or more individuals to gain admission to the same event using tickets purchased in a resale transaction, with each individual presenting copies of the same ticket. b. Concerns regarding the protection or safety of individuals. c. Concerns regarding possible fraud or misconduct. (4) Elect not to offer tickets in a transferable form if those tickets are sold or given as part of a targeted promotion, price discount promotion, or private event offered to an individual or group of individuals by virtue of the affiliation or status of the individual or group, including, but not limited to, individuals or groups characterized by disability, membership in a religious or civic organization, or economic hardship. Tickets issued through a nontransferable ticketing system under this exemption cannot be offered on a promotional basis to the general public and must be clearly marked as a ticket restricted to the specified individual or group. (d) This section does not apply to any events officially associated with any institution of higher education, including, but not limited to, athletic events, concerts, or theatrical events. (e) A ticket platform shall maintain a toll-free telephone number for complaints and inquiries pertaining to tickets offered for resale on the platform. (f) A ticket platform shall issue a full refund or shall offer replacement tickets of like kind and value under any of the following circumstances: (1) The event is canceled and not rescheduled. (2) A ticket, purchased from the platform, is counterfeit. (3) The ticket has been canceled by the ticket issuer for nonpayment by the original purchaser or for any reason other than an act or omission of the purchaser. (4) The ticket fails to conform to the description provided by the reseller. (5) The ticket was not delivered to the purchaser prior to the occurrence of the event, unless the failure of delivery was due to an act or omission of the purchaser. (6) The ticket does not provide the consumer admission to the event for which it was purchased. (g) A refund pursuant to subsection (f) shall be issued in the amount of the full price paid by the consumer for the ticket, including all fees charged in connection with the purchase. (h) Nothing in this section shall prohibit a ticket issuer or ticket platform from taking reasonable steps to remediate incidents of fraud or from implementing consumer protection policies that exceed the minimum standards set forth in this section.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.