Bills Details Locations Guidelines About Us
 Official Sponsor - Circus Fans Association of America
 

Bill Summary
Location Bill  Title  Date  Category
New Jersey  NJ AB 373  Ticket sales: restructures ticket sales law  1/12/2010  Dead
Summary
Bill Text

 ASSEMBLY, No. 373

STATE OF NEW JERSEY

214th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

Sponsored by:

Assemblyman GARY S. SCHAER

District 36 (Bergen, Essex and Passaic)

Assemblyman FREDERICK SCALERA

District 36 (Bergen, Essex and Passaic)

SYNOPSIS

Restructures ticket sales law.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning ticket sales, amending P.L.1983, c.135 and P.L.2001, c.394 and repealing various sections of statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1983, c.135 (C.56:8-26) is amended to read as follows:

1. As used in this act:

a. "Director" means the director of the Division of Consumer Affairs in the Department of Law and Public Safety.

b. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

c. "Person" means corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals.

d. "Place of entertainment" means any privately or publicly owned and operated entertainment facility within this State, such as a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held and for which an entry fee is charged. A facility owned by a school, college, university, or house of worship is a place of entertainment only when an event is held for which an entry fee is charged, provided that the event is conducted by a third party independent of the owner of the facility, and in all matters pertaining or with respect to that event.

e. "Ticket" means any piece of paper which indicates that the bearer has paid for entry or other evidence which permits of the right of entry to a place of entertainment.

f. "Ticket broker" means any person situated in and operating in this State who is involved in the business of reselling tickets of admission to places of entertainment and who charges a premium in excess of the price, plus taxes, printed on the tickets. For the purposes of this act, the term "ticket broker" shall not include an individual not regularly engaged in the business of reselling tickets, who resells less than 30 tickets during any one-year period, and who obtained the tickets for his own use, or the use of his family, friends, or acquaintances. (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

g. "Resale" means a sale, other than a pre-sale, of a ticket by a person other than the owner or operator of a place of entertainment or of the entertainment event or an agent of any such person acting in that capacity. Resale shall include the sale of a ticket to an event at a place of entertainment by any means, including but not limited to, in person, or by means of a telephone or any other communications device or technology, mail, delivery service, facsimile, the Internet, or other electronic means.

h. "Resell" means to offer for resale or to consummate a resale.

i. "Digger" means a person temporarily hired for the purpose of securing tickets by intimidating a purchaser waiting in line to procure event tickets.

j. "Reseller" means any person other than a place of entertainment or its agent, acting in that capacity, who resells a ticket, including a season ticket holder or an insider.

k. Advertisement" or "advertising" means any direct or indirect attempt, by publication dissemination, solicitation, endorsement, circulation, posting, or in any other manner, through any means of communication or technology, to cause or induce any person to purchase or offer to purchase a ticket. An offer of tickets for resale made on an Internet website or by means of any other communications device or technology shall be deemed an advertisement.

l. "Affinity group" means an identifiable group of people who are members of the same organization, or who are customers of the same person, and who enjoy special privileges. Customers of a reseller shall not constitute an affinity group.

m. "Initial sale" means the sale of a ticket by the owner or operator of a place of entertainment, or of the entertainment event, or an agent of any such person. The term "initial sale" also shall include the distribution of tickets to insiders by a producer, promoter, or place of entertainment, under an agreement for the presentation of an entertainment event.

n. "Insider" means an employee of a place of entertainment or of its agent, a producer, promoter, performer, or any other person associated with an event, who lawfully controls any tickets prior to their release for sale to the general public.

o. "Pre-sale" means a sale of tickets at or below the price printed on the ticket by an owner or operator of a place of entertainment, or, with the permission of the owner or operator, by an insider, prior to their release for sale to the general public, directly, or indirectly through a third party who is not a reseller, to members of an affinity group or target market.

p. "Producer" means a person who stages entertainment events, such as a performance, concert, exhibit, game, or contest.

q. "Promoter" means a person who organizes financing and publicity for an entertainment event.

r. "Season ticket holder" means a person who purchases a package of one or more tickets to a series of similar events at a place of entertainment pursuant to a plan offered by the place of entertainment or by a ticket agent for the place of entertainment.

(cf: P.L.2008, c.55, s.1)

2. Section 8 of P.L.1983, c.135 (C.56:8-33) is amended to read as follows:

8. a. Each owner or operator of a place of entertainment or of the entertainment event or an agent or any such person shall print or endorse on the face of each ticket and include in any advertising for any event the price charged therefor , and taxes, service charges and fees imposed in connection with the initial sale, each of which shall be separately stated. The price of a ticket sold by auction through the owner or operator or its agent shall be the final auction price .

b. No person other than a registered ticket broker shall resell or purchase with the intent to resell in person a ticket for admission to a place of entertainment at a maximum premium in excess of 20% of the ticket price or $3.00, whichever is greater, plus lawful taxes. No registered ticket broker shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a premium in excess of 50% of the price paid to acquire the ticket, plus lawful taxes.

c. Notwithstanding the provisions of subsection a. or b. of this section, nothing shall limit the price for the resale or purchase of a ticket for admission to a place of entertainment sold by any person other than a registered ticket broker, provided such resale or purchase is made through an Internet web site. (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

d. Each owner or operator of a place of entertainment or of the entertainment event or an agent of any such person shall include in any advertising for an event the number of tickets offered to the public in the initial sale when tickets are first offered to the public. If applicable, advertising shall disclose that additional tickets may become available for initial sale to the public at a later date.

e. An owner or operator of a place of entertainment or of the entertainment event or an agent of any such person shall not directly or indirectly make an initial sale of a ticket to itself or to any affiliate.

f. An owner or operator of a place of entertainment or of the entertainment event or an agent of any such person or any affiliate of any such person or an agent of any such person shall not advertise, offer to sell or sell a ticket as a resale, any ticket not previously sold to the public in an initial sale, whether or not the resale is for its own account or the account of any affiliate.

(cf: P.L.2008, c.55, s.2)

3. Section 9 of P.L.1983, c.135 (C.56:8-34) is amended to read as follows:

9. a. No person shall resell or purchase with the intent to resell any ticket, in or on any street, highway, driveway, sidewalk, parking area, or common area owned by a place of entertainment in this State, or any other area adjacent to or in the vicinity of any place of entertainment in this State as determined by the director; except that a person may resell, in an area which may be designated by a place of entertainment in this State, any ticket or tickets originally purchased for his own personal or family use at no greater than the lawful price permitted under this act.

b. Notwithstanding any other provision of law, any person, firm or corporation that resells tickets, or facilitates the resale or resale auction of tickets between independent parties by any means, shall guarantee to each purchaser of such resold tickets that the person, firm or corporation will provide a full refund of the amount paid by the purchaser, including, but not limited to, all fees, regardless of how characterized, if any of the following occurs:

(1) the event for which such ticket has been resold is cancelled, provided that if the event is cancelled then actual handling and delivery fees need not be refunded as long as such previously disclosed guarantee specifies that such fees will not be refunded;

(2) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket, for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been cancelled by the issuer due to non-payment, or that the event described on the ticket was cancelled for any reason prior to purchase of the resold ticket, unless the ticket is cancelled due to an act or omission by such purchaser; or

(3) the ticket fails to conform to its description as advertised unless the buyer has pre-approved a substitution of tickets.

c. Every advertisement of tickets for resale shall disclose the row and number of the tickets offered for sale.

d. An insider shall not sell or offer to sell tickets to an event at a place of entertainment prior to the date and time that tickets for that event are released for initial sale to the public.

(cf: P.L.2001, c.394, s.7)

4. Section 10 of P.L.1983, c.135 (C.56:8-35) is amended to read as follows:

10. a. Any person who gives or offers anything of value other than the price of a ticket printed on the ticket to an employee of a place of entertainment insider in exchange for, or as an inducement to, special treatment with respect to obtaining tickets, or any employee of a place of entertainment insider who receives or solicits anything of value other than the price of a ticket printed on the ticket in exchange for special treatment with respect to issuing tickets, shall be in violation of this act.

b. No person other than a season ticket holder shall resell, offer to resell, or solicit an offer to purchase, a ticket for a place of entertainment not in the person=s possession or control.

c. No person shall offer to resell or solicit an offer to purchase a ticket to an event at a place of entertainment prior to the date and time that tickets for that event are released for initial sale to the public.

d. No person shall use or cause to be used any means, method or technology that is designed, intended or functions to disguise the identity of the purchaser with the purpose of purchasing or attempting to purchase via on-line sale a quantity of tickets to a place of entertainment in excess of authorized limits established by the owner or operator of a place of entertainment or of the entertainment event or an agent of any such person.

e. No person shall use or cause to be used software, or other technology or device, that is designed, intended or functions to interfere with a computer, computer network, or computer system, or any part thereof, for the purpose of purchasing or attempting to purchase via on-line sale a quantity of tickets to a place of entertainment in excess of authorized limits established by the owner or operator of a place of entertainment or of the entertainment event or an agent of any such person, or that is designed, intended or functions to circumvent or disable any access control systems, electronic queues, waiting periods or other sales volume limitation systems to ensure the equitable distribution of tickets instituted on the website of the ticket seller.

(cf: P.L.1983, c.220, s.5)

5. Section 8 of P.L.2001, c.394 (C.56:8-35.1) is amended to read as follows:

8. a. It shall be an unlawful practice for a person, who has access to tickets to an event prior to the tickets' release for sale to the general public, to withhold those tickets from sale to the general public in an amount exceeding 5% of all available seating for the event. Every operator of a place of entertainment shall provide written certification attesting to compliance with this requirement.

b. Every operator of a place of entertainment shall place a code or legend on each ticket so that it can be traced back to the original sale and shall keep complete and accurate records of ticket sales and maintain such records for five years.

(cf: P.L.2001, c.394, s.8)

6. Section 12 of P.L.1983, c.135 (C.56:8-37) is amended to read as follows:

12. Any a. A violation of P.L.1983, c.135 (C.56:8-26 et seq.), as amended and supplemented, shall constitute an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.), and any person who violates P.L.1983, c.135 (C.56:8-26 et seq.), as amended and supplemented, shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

b. In addition to any other penalty provided by law, any person who violates any provision of this act P.L.1983, c.135 (C.56:8-26), as amended and supplemented, shall be guilty of a crime of the fourth degree.

(cf: P.L.1983, c.135, s.12)

7. The following sections are repealed:

Section 2 of P.L.1983, c.135 (C.56:8-27);

Section 3 of P.L.1983, c.135 (C.56:8-28);

Section 4 of P.L.1983, c.135 (C.56:8-29);

Section 5 of P.L.1983, c.135 (C.56:8-30);

Section 6 of P.L.1983, c.135 (C.56:8-31);

Section 7 of P.L.1983, c.135 (C.56:8-32);

Section 9 of P.L.2001, c.394 (C.56:8-35.2); and

Section 13 of P.L.1983, c.135 (C.56:8-38).

8. This act shall take effect on the first day of the ninth month following enactment.

STATEMENT

This bill would restructure the law regarding ticket sales in New Jersey. Under the bill, ticket brokers would no longer have special privileges or be separately regulated. As such, they would no longer have to register with the Division of Consumer Affairs.

Under the bill, all advertisements for tickets, and the tickets themselves, would have to be marked with the initial price of the tickets, including itemized listings of any taxes, service charges and fees. The bill would prohibit the in-person resale of a ticket for a premium of more than 20% of the ticket price or $3, whichever is greater. For tickets sold at auction through the owner, operator, or their agents, the auction price must be the final auction price.

Under the bill, all advertisements for tickets would have to disclose the row and number of the tickets offered for sale. The bill would also require owners, operators, or their agents to indicate the number of tickets available to the general public through the initial sale in all advertisements for the event when tickets are first offered to the public. If applicable, the advertisement must also disclose that additional tickets may become available for initial sale at a later date. Under current law, only up to five percent of all available seating may be withheld from sale to the general public.

The bill would prohibit owners, operators, or their agents, from making initial ticket sales to themselves or affiliates. In addition, they would be barred from advertising, selling, or offering to sell, tickets not previously sold through an initial sale. An "insider," is defined as "an employee of a place of entertainment or of its agent, a producer, promoter, performer, or any other person associated with an event, who lawfully controls any tickets prior to their release for sale to the general public," would also be prohibited from selling tickets to an event prior to their release for initial sale to the public.

In addition, operators of places of entertainment would be required by the bill to code tickets, so that they can be traced back to the original sale, and to keep records of ticket sales for five years.

The bill would also provide enhanced protections for ticket purchases if the purchase was facilitated, or the ticket was resold, by an individual or company. These protections include a full refund if the event is cancelled, the ticket does not grant entry to the event, or the ticket does not match its advertised description.

The bill would prohibit:

* Giving or receiving anything of value, other than the price printed on the ticket, in exchange for special treatment with respect to obtaining tickets;

* The resale of tickets not in one's possession or control by anyone other than a season ticket holder;

* The resale of tickets prior to their release for initial sale to the public; and

* The use of any means designed to circumvent or disable controls or systems intended to limit the number of tickets purchased by one buyer or to ensure the equitable distribution of tickets.

The bill specifies that a violation would be both, an unlawful practice and a crime in the forth degree. An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, an unlawful practice violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured. A crime in the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both.

 


Details
Category   Date   Detail  
  Status 1/9/2012  Legislation died at adjournment 
  Information 9/30/2010  Bill amended on Assembly floor; new version attached. 
 


Copyright © 2009-2012 Circus Fans Association of America and Authors.
For more information view our  Copyright Policy & Privacy Policy .