as amended, Pan. Ticket issuers and
begin delete resale ticket agents.end delete
Existing law provides comprehensive regulation of ticket sellers,
begin delete including requiringend delete disclosure of specified information to consumers begin delete, maintaining records,end delete and begin delete maintainingend delete a permanent business address begin delete, among other provisionsend delete.
Existing law provides that a violation of the laws regulating ticket sellers is a misdemeanor.
This bill would
begin delete repeal andend delete revise these provisions to regulate ticket issuers and begin delete resale ticket agentsend delete, as defined, regarding, among other things, restrictions placed on the resale of event tickets, consumer protection requirements, and the imposition of civil penalties begin delete based onend delete a violation of begin delete these provisionsend delete. The bill would further provide that a person who intentionally uses software to circumvent a measure on a ticket issuer’s or begin delete resaleend delete ticket begin delete agent’s websiteend delete that is used to ensure an equitable ticket buying process is guilty of a misdemeanor.
Because this bill would create a new crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
(a) A ticket
begin delete sellerend delete shall have
16a permanent business address from which tickets may only be sold
17and that address shall be included in any advertisement or
begin delete, andend delete
shall be duly
19licensed as may be required by any local jurisdiction.
20(b) A violation of this section shall constitute a misdemeanor
21punishable by imprisonment in a county jail not exceeding six
22months, or by fine not exceeding two thousand five hundred dollars
23($2,500), or by both.
24(c) Any person who engages, has engaged, or proposes to engage
25in a violation of this section shall be liable for a civil penalty not
26to exceed two thousand five hundred dollars ($2,500) for each
27violation, which may be assessed and recovered in a civil action
28brought in the name of the people of the State of California by the
29Attorney General, or a district attorney, or a city attorney of a city
30having a population in excess of 750,000, and, with the consent
31of the district attorney, by a city prosecutor in any city, county, or
32city and county having a full-time prosecutor in any court of
33competent jurisdiction. Payment of the civil penalty shall be made
34pursuant to the provisions of subdivision (b) of Section 17206. For
35the purposes of this section, each ticket sold or offered for
36sale in violation of this section shall constitute a separate violation.
37The remedies provided by this section are cumulative to each other
38and to the remedies or penalties available under all other laws of
begin delete sellerend delete shall maintain
4records of ticket sales, deposits, and refunds.
begin delete sellerend delete shall, prior
8to sale, disclose to the purchaser by means of description or a map
9the location of the seat or seats represented by the ticket or
It shall be unlawful for a ticket
begin delete sellerend delete to contract for the sale of tickets or accept
25consideration for payment in full or for a deposit for the sale of
26 tickets unless the ticket
begin delete sellerend delete
27one or more of the following requirements:
29 The ticket
begin delete sellerend delete has the ticket
30in his or her possession.
32 The ticket
begin delete sellerend delete has a written
33contract to obtain the offered ticket at a certain price from a
34person in possession of the ticket or from a person who has
35a contractual right to obtain the ticket from the primary
38 The ticket
begin delete sellerend delete informs the
39purchaser orally at the time of the contract or receipt of
40consideration, whichever is earlier, and in writing within two
P6 1business days, that the seller does not have possession of the
2 tickets, has no contract to obtain the offered ticket at a certain
3price from a person in possession of the ticket or from a
4person who has a contractual right to obtain the ticket from
5the primary contractor, and may not be able to supply the
6 ticket at the contracted price or range of prices.
in this section shall prohibit a ticket
begin delete sellerend delete from accepting a deposit from a prospective
10purchaser as part of an agreement that the ticket
begin delete sellerend delete will make best efforts to obtain begin delete aend delete ticket at
12a specified price or price range and within a specified time,
13provided that the ticket
begin delete sellerend delete informs the
14purchaser orally at the time of the contract or receipt of
15consideration, whichever is earlier, and in writing within two days,
16of the terms of the deposit agreement, and includes in the oral and
17written notice the disclosures otherwise required by this section.
It shall be unlawful for a ticket
begin delete sellerend delete to represent that he or she can deliver or cause to be
begin delete aend delete ticket at a specific price or within a specific
23price range and to fail to deliver within a reasonable time or by a
24contracted time the tickets at or below the price stated or
25 within the range of prices stated.
In addition to other remedies, a ticket
begin delete sellerend delete who violates Section 22502.1 or 22502.2 and fails
begin delete aend delete ticket at or below a contracted price or within
31a contracted price range shall be civilly liable to the ticket
32purchaser for two times the contracted price of the ticket, in
33addition to any sum expended by the purchaser in nonrefundable
34expenses for attending or attempting to attend the event in good
35faith reliance on seat or space availability, and reasonable
36attorney’s fees and court costs.
A ticket seller, as used in this chapter, means any person
40who for compensation, commission, or otherwise sells admission
P7 1tickets to sporting, musical, theatre, or any other entertainment
This chapter does not apply to any primary contractor
32or seller of tickets for the primary contractor operating under a
33written contract with the primary contractor.
34“Primary contractor” means the person or organization who is
35responsible for the event for which tickets are being sold.
This chapter does not apply to an officially appointed
39agent of an air carrier, ocean carrier or motor coach carrier who
40purchases or sells tickets in conjunction with a tour package
P8 1accomplished through the primary event promoter or his or her
2agent by written agreement.
This chapter does not apply to any person who sells six
6tickets or less to any one single event, provided the tickets are sold
7off the premises where the event is to take place, including, but
8not limited to, designated parking areas and points of entry to the
Any partial or full deposit received by a ticket seller
29on a future event for which tickets are not available shall be
30refundable except for a service charge of not more than 10 percent
31until tickets for the event are actually available.
begin deleteThe ticket price of any event which is canceled, Any local jurisdiction may
15postponed, or rescheduled shall be fully refunded to the purchaser
16by the ticket seller upon request. end delete
17require a ticket
begin delete sellerend delete to provide a bond of
18not more than fifty thousand dollars ($50,000) to provide for any
19refunds that may be required by this section.
A ticket seller shall disclose that a service charge is
25imposed by the ticket seller and is added to the actual ticket price
26by the seller in any advertisement or promotion for any event by
27the ticket seller.
Any ticket seller who includes tickets to an event in
38conjunction with the sale of a tour or event package, including,
39among other things, transportation, meals, lodging, or beverages,
P10 1shall disclose in any advertisements or promotional materials the
2price charged or allotted for the tickets.
Nothing in this chapter prohibits any local agency from
20imposing any local fees or taxes.
This chapter does not apply to any nonprofit charitable
38tax-exempt organization selling tickets to an event sponsored by
Chapter 21 (commencing with Section 22500)
11of Division 8 of the Business and Professions Code is repealed.
Chapter 21 (commencing with Section 22500) is added
13to Division 8 of the Business and Professions Code, to read:
For purposes of this chapter:
18(a) “Event” means any concert, theatrical performance, sporting
19event, exhibition, show, or similar scheduled activity taking place
20in the state that is open to the general public, for which an
21admission fee is charged, and that is held in a venue
22accommodating more than 1,000 people, including, but not limited
23to, venues for which public funding has been provided for the
24construction, maintenance, or operation of the venue or any
25infrastructure related thereto or that are located on property owned
26by a municipality or other government entity.
27(b) “Event ticket” means any physical, electronic, or
28of a certificate, document, voucher, token, or other evidence
29 indicating that the bearer, possessor, or person entitled to
30possession through purchase or otherwise has either a revocable
31or irrevocable right, privilege, or license to enter an event venue
32or occupy a particular seat or area in a venue with respect to one
33or more events or an entitlement to purchase that right, privilege,
34or license with respect to one or more future events.
36“Person” means any natural person, partnership, corporation,
37association, or other legal entity.
39“Public funding” means the provision by the state, any county,
40city and county, municipality, or other subdivision of the state, or
P12 1by any local development corporation or similar instrumentality
2whose creation was authorized by the state or by any county, city
3and county, municipality, or other subdivision of the state, of
4funding, grants, payments, or financial support, including the use
5of public funds through or from the use of the issuance of
6tax-exempt bonds, payments in lieu of taxes, property tax
7abatements, lotteries, sales taxes, or levies on parking, hotels,
8alcohol, car rentals, cigarettes, or other goods or services.
10“Resale” includes any form of transfer or alienation, or offering
11for transfer or alienation, of possession or entitlement to possession
12of an event ticket from one person to another, with or without
13consideration, whether in person or by means of telephone, mail,
14delivery service, facsimile, internet, e-mail, or other electronic
15means. “Resale” shall not include the initial sale of an event ticket
16by a ticket issuer.
17(f) “Resale ticket agent” means any person engaging in the
18resale of tickets or any person providing a physical or electronic
19marketplace for the sale or resale of event tickets by other persons.
20 A “resale ticket agent” shall not include a person who resells no
21more than 80 event tickets in any 12-month period.
23“Ticket issuer” means any person that makes event tickets
24available, directly or indirectly for initial sale, to the general public,
25and may include the operator of a venue, the sponsor or promoter
26of an event, a sports team participating in an event or a league
27whose teams are participating in an event, a theater company,
28musical group, or similar participant in an event, or an agent of
29any such person. “Ticket issuer” shall not include a person involved
30in, or facilitating, event ticket resale, an officially appointed agent
31of an air carrier, ocean carrier, or motor coach carrier who
32purchases or sells tickets in conjunction with a tour package
33accomplished through a primary event promoter or his or her agent
34by written agreement, or a nonprofit charitable organization that
35is exempt from tax under Section 501(c)(3) of the Internal Revenue
38“Venue” means the theater, stadium, field, hall, or other facility
39 where an event takes place.
(a) Except as otherwise provided in this chapter, it
2shall be unlawful for any ticket issuer to do any of the following:
3(1) Prohibit or restrict the resale or offering for resale of an
4event ticket by a lawful possessor thereof.
5(2) Purport to impose license or contractual terms on the initial
6sale of event tickets that prohibit resale of the event ticket,
7including, but not limited to, terms printed on the back of a physical
8event ticket, or that restrict the price or other terms and conditions
9under which an event ticket may be resold or transferred.
10(3) Require the purchaser of an event ticket, whether for a
11event or for a series or season of events, to agree not to resell the
12event ticket, or to resell the event ticket only through a specific
13means approved by the ticket issuer.
14(4) Bring legal action based on an unlawful prohibition or
15restriction on the resale of an event ticket against any of the
17(A) A purchaser who resells or offers to resell an event ticket
18without permission of the ticket issuer or in violation of a
19restriction purportedly imposed by the ticket issuer.
20(B) A person or persons who facilitate or provide services for
21the resale of event tickets without the permission of the ticket
22issuer or in violation of a restriction purportedly imposed by the
24(C) An operator of a physical or electronic marketplace in
25an event ticket is offered for resale without the permission of the
26ticket issuer or in violation of a restriction purportedly imposed
27by the ticket issuer.
28(4) Impose a penalty on a ticket purchaser that resells or offers
29to resell an event ticket without permission of the ticket issuer or
30in violation of a restriction purportedly imposed by the ticket issuer
31or treat that ticket purchaser in any material way less favorably
32than a similarly situated ticket purchaser that does not resell or
33offer to resell an event ticket or that complies with any resale
34restrictions purportedly imposed by the ticket issuer.
36Employ technological means for the purpose, or with the
37foreseeable effect of, prohibiting or restricting the resale of event
38tickets, including, but not limited to, issuing event tickets in an
39electronic form that is not readily transferrable to a subsequent
40 purchaser or conditioning entry into the venue on presentation of
P14 1a token, like the original purchaser’s credit card or state-issued
2identification card, that cannot be readily transferred to a
5Seek to limit or restrict the price, or to impose a minimum or
6maximum price, at which an event ticket may be resold.
7(b) Except as otherwise provided in this chapter, it shall be
8unlawful for a resale ticket agent or ticket issuer to fail to meet the
9requirements of Section 22503.
(a) A resale ticket agent or ticket issuer shall maintain
11a toll-free telephone number for complaints and inquiries regarding
12its activities in the sale or resale of event tickets.
13(b) A resale ticket agent or ticket issuer shall implement and
14reasonably publicize a standard refund policy that meets the
15minimum standards stated in subdivision (c).
16(c) A standard refund policy shall do the following:
17(1) Provide a consumer who purchases an event ticket a full
18refund if the event is canceled before the scheduled occurrence of
19the event and is not rescheduled, the event ticket received by the
20purchaser is counterfeited, the event ticket is canceled by the ticket
21issuer for nonpayment by the original purchaser or for any reason
22other than an act or omission of the consumer, the event ticket
23materially, and to the detriment of the consumer, fails to conform
24to the description provided by the seller or reseller, or the event
25ticket was not delivered to the consumer prior to the occurrence
26of the event, unless the failure of delivery was due to any act or
27omission of the consumer.
28(2) Include in a full refund the full price paid by the consumer
29for the event ticket, together with any fees charged in connection
30with that purchase, including, but not limited to, convenience fees,
31processing fees, at-home printing charges, shipping and handling
32charges, and delivery fees.
33(d) A standard refund policy may condition entitlement to a
34refund upon timely return of the event ticket purchased and may
35include reasonable safeguards against abuse of the policy.
36(e) Nothing in this section shall be construed to prohibit any
37person subject to this section from implementing consumer
38protection policies that exceed the minimum standards set forth
39in this section and that are otherwise in compliance with this
(a) (1) A resale agent or ticket issuer that violates this
2chapter shall be subject to a civil action brought in the name of
3the people of the State of California by the Attorney General. The
4civil action may either enjoin further violation of this chapter by
5the defendant or impose a civil penalty, not to exceed one hundred
6thousand dollars ($100,000), in a amount equal to the greater of
7the actual monetary loss suffered by those residents of the state or
8an amount determined under paragraph (2). Payment of the civil
9penalty shall be made pursuant to the provisions of subdivision
10(c) of Section 17206.
11(2) The amount of damages determined under this paragraph
12shall be calculated by multiplying the number of violations of this
13chapter by an amount not greater than one hundred dollars ($100).
14For the purposes this section, each ticket sold or offered for sale
15in violation of this chapter shall constitute a separate violation.
16(3) Notwithstanding the civil penalty limitation in paragraph
17(1), a court may increase a civil penalty to an amount equal to not
18more than three times the amount otherwise available under this
19subdivision if the defendant was previously found to have violated
20this chapter in a civil action.
21(b) In the case of a successful
action under subdivision (a), a
22court, in its discretion, may award the costs of the action and
23reasonable attorney’s fees.
24(c) Any claim made under this section shall be filed with a court
25of competent jurisdiction within two calendar years after the
A person who intentionally uses or sells software to
28circumvent a security measure, an access control system, or other
29control or measure on a ticket issuer’s or resale ticket agent’s
30Internet Web site that is used to ensure an equitable ticket buying
31process, is guilty of a misdemeanor.
Nothing in this chapter shall be interpreted to invalidate
33restrictions on the resale of event tickets imposed by either:
34(a) Sponsors or promoters of events intended solely to benefit
35charitable endeavors for which all event tickets are distributed free
37(b) Nonprofit education institutions with respect to athletic
38events involving athletes or teams of those institutions, to the extent
39the restrictions apply to event tickets initially distributed to
40students, faculty, staff members, or alumni without charge or to
P16 1members of a bona fide booster organization consisting of those
2making substantial financial contributions to the institution.
The Department of Consumer Affairs may issue
4regulations to implement the provisions of this chapter, including,
5but not limited to, regulations that do both the following:
6(a) Prescribe allowable methods for marking of public sales
7tickets, including, but not limited to, the marking of event tickets
8that are not tangible.
9(b) Define categories of persons otherwise subject to this section
10who are temporarily or indefinitely excluded from the provisions
11of this chapter, or against whom the Attorney General determines
12to forebear from enforcement of the chapter in whole or in part, if
13the Attorney General determines the activities of those persons
14have a relatively insignificant impact on commerce in event tickets.
A ticket seller shall maintain records of ticket sales,
16deposits, and refunds.
Nothing in this chapter prohibits any local agency from
18imposing any local fees or taxes.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California