Revision: Feb. 21, 2024, 8:23 a.m.
Commerce
February 20, 2024
2024-0792s
08/02
Amendment to SB 328-FN
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Regulation of Business Practices for Consumer Protection; Acts Unlawful; Unauthorized Resellers. Amend RSA 358-A:2 by inserting after paragraph XVIII the following new paragraph:
XIX.(a) In this paragraph:
(1) "Resale" means the second or subsequent sale of a ticket. "Resale" includes a sale by any means, including in person, by telephone, by mail, by e-mail, by facsimile, or through a website or other electronic means.
(2) "Reseller" means a person engaged in the resale of tickets.
(3) "Secondary ticket exchange" means an electronic marketplace that enables consumers to sell, purchase, and resell tickets.
(4) "Speculative ticket" means a ticket that is not in the actual or constructive possession of a reseller at the time of sale. "Speculative ticket" includes a ticket sold by a reseller that, at the time of resale:
(A) Is not in the physical possession of the reseller;
(B) Is not owned by the reseller; or
(C) Is not under contract to be transferred to the reseller.
(5) "Ticket" means physical, electronic, or other evidence, that grants the possessor of the evidence license to enter a place of entertainment for one or more events at a specified date and time.
(6) "Ticket Issuer" means a person that, directly or indirectly, issues initial tickets for an entertainment event. "Ticket issuer" includes a musician or musical group, an operator of a venue, a sponsor or a promoter of an entertainment event, a sports team participating in an entertainment event, a sports league whose teams are participating in an entertainment event, a theater company, a marketplace operated for consumers to make an initial purchase of tickets, or an agent of any of the persons listed in this subparagraph.
(b) This paragraph applies only to secondary ticket exchanges, ticket issuers, and resellers. The listing for a ticket and each step of a transaction to purchase a ticket shall:
(1) Clearly and conspicuously disclose the total price of the ticket, including all fees and taxes;
(2) Provide an itemized listing of all charges that comprise the total price of the ticket, including all fees and taxes; and
(3) Identify the seat number and zone or section of the ticket, to the extent applicable to the seat and venue.
(c) A reseller shall provide the ticket issuer with the contact information of the resale ticket purchaser to enable the ticket issuer to notify the resale ticket purchaser of any change in the event circumstances, such as an event cancellation or rescheduling.
(d) This paragraph shall not apply to a fee that a secondary ticket exchange may charge for the service of providing a marketplace for the resale of a ticket. Except as provided in this paragraph, the total price at which a reseller may sell or offer to sell a ticket shall not exceed the total price of the initial ticket, including all fees and taxes in connection with the initial ticket. If initial tickets were purchased for a series of events, such as season tickets for a sports team, the total resale price of a ticket for a single event shall not exceed the total price of a comparable ticket, including all fees and taxes. The fee that a secondary ticket exchange may charge for the service of providing a marketplace for the resale of a ticket shall not exceed 10 percent of the total price of the initial ticket. Subject to reasonable restrictions imposed by a ticket issuer, a person shall not prohibit or restrict the transfer or resale of a ticket that was made available to the general public for purchase.
(e) A reseller shall not sell or offer to sell speculative tickets
(f) A secondary ticket exchange shall not provide a marketplace for the resale of a ticket that violates this section.
2 Effective Date. This act shall take effect January 1, 2025.
2024-0792s
AMENDED ANALYSIS
This bill regulates secondary ticket exchanges, ticket issuers, and resellers and prohibits speculative ticket sales.