SB 785: Consumer protection: ticket sellers.

Session Year: 2023-2024
House: Senate

Current Status:

Failed

(2024-08-26: Ordered to inactive file on request of Assembly Member Aguiar-Curry.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

Existing law regulates ticket sellers, as defined. Existing law prohibits a ticket seller from contracting for the sale of tickets or accepting consideration for payment in full or for a deposit for the sale of tickets unless the ticket seller has possession of the ticket or meets a specified exception. Existing law imposes conditions on accepting a deposit from a prospective purchaser to obtain a ticket, as specified. Existing law generally makes a violation of these provisions a misdemeanor and imposes civil penalties for certain violations.

This bill would revise and recast those provisions, including, among other things, prohibiting a ticket seller from advertising, offering for sale, or contracting for the sale of a ticket, or accepting consideration for payment in full or for a deposit for the sale of a ticket if they do not own, possess, have constructive possession, or have the contractual right to sell the ticket. The bill would require a ticket seller or ticket resale marketplace, as defined, to comply with specified requirements in order to offer a service to obtain a ticket on behalf of a purchaser. The bill would also prohibit a ticket seller or ticket resale marketplace from selling more than one copy to a live entertainment event and would prohibit a ticket seller or ticket resale marketplace from displaying specified content on an internet website with intent to mislead if the content is substantially similar to the internet website of an event presenter, rights holder, or original seller, as specified. By imposing new requirements on ticket sales, the violation of which is a crime, this bill 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.

Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.This bill would revise and recast those provisions to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined, and to require original sellers, ticket resellers, and ticket resale marketplaces to be registered with the Secretary of State. By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, the bill would impose a state-mandated local program.The bill would require an original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, to own, possess, or have the contractual right to sell the ticket. The bill would require a ticket resale marketplace to impose a similar requirement before accepting a ticket listing, as specified. The bill would also make it unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket if they do not own, possess, or have the contractual right to sell the ticket. The bill would also prohibit a ticket reseller, ticket resale marketplace, or any affiliate of a ticket reseller or ticket resale marketplace from doing specified acts, including employing another person to wait in line to purchase tickets for the purpose of reselling the tickets.The bill would make certain intentional acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or disabling certain sales volume limitation systems. The bill would also prohibit a ticket reseller from using certain internet website displays that are substantially similar to the internet website of an event presenter, rights holder, or original seller, or any of their authorized agents, with the intent to mislead and without their written consent.The bill would revise and recast various disclosure requirements on the advertisement of tickets for sale, including requiring ticket resellers and ticket resale marketplaces to disclose the location within the entertainment venue that the ticket will permit the consumer to occupy. The bill would delete the requirement that a ticket seller disclose that a service charge is added to the price of the ticket.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.

Discussed in Hearing