Bill Text: CA AB1349 | 2025-2026 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Consumer protection: ticket sellers.
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2026-09-27 - Chaptered by Secretary of State - Chapter 474, Statutes of 2026. [AB1349 Detail]
Download: California-2025-AB1349-Introduced.html
22500. A ticket seller Original sellers, ticket resellers, and ticket resale marketplaces shall maintain records of ticket sales, deposits, and refunds. refunds for a minimum of 12 months after the initial sale.22502. 22502.1. 22502.2. 22502.3. 22503. 22503.5.
This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier or motor coach carrier who that purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or his or her their agent by written
agreement.(a)Notwithstanding Section 22503.5, 22503.6, 22503.4, 22504, or 22511, it shall be unlawful for a person to intentionally use use, cause to be used, or sell software or services to circumvent a security measure, access control system, or other control or measure that is used to ensure an equitable ticket buying process for event attendees.
do, or to otherwise engage in, any of the following: which that is canceled shall be fully refunded to the purchaser by the ticket seller consumer by the person who sold or facilitated the sale of the ticket to the consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, within 30 calendar days of the cancellation.22508.
Bill Title: Consumer protection: ticket sellers.
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2026-09-27 - Chaptered by Secretary of State - Chapter 474, Statutes of 2026. [AB1349 Detail]
Download: California-2025-AB1349-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1349
| Introduced by Assembly Member Bryan |
February 21, 2025 |
An act to amend Sections 22501, 22505.5 and 22507 of, to amend and renumber Section 22503.6 of, to add Sections 22502.4, 22502.5, and 22505.2 to, to repeal Sections 22502.2 and 22503.5 of, and to repeal and add Sections 22500, 22502, 22502.1, 22502.3, 22503, and 22508 of, the Business and Professions Code, relating to business.
LEGISLATIVE COUNSEL'S DIGEST
AB 1349, as introduced, Bryan.
Consumer protection: ticket sellers.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a 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. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
This bill would generally revise and recast those provisions to impose similar requirements, as applicable, to original sellers, event presenters, ticket
resellers, and ticket resale marketplaces, as defined. Among other changes, the bill would require the ticket price of an event that is postponed, rescheduled, or replaced with another event on the same date and time, at the option of the consumer, to be fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket, as provided.
The bill would increase the amount of the civil penalty that may be imposed upon a ticket seller for failing to have a permanent business address, to include that address in any advertisement or solicitation, or to be duly licensed as may be required by any local jurisdiction by specifying that a violation of any of the provisions regulating ticket sellers is punishable by a civil fine of up to $10,000. The bill would require ticket sellers to maintain records of ticket sales, deposits, and refunds for a minimum of 12 months.
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 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,
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 purchaser 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.
By expanding the scope of certain requirements related to selling those tickets, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Music represents a fundamental expression of human creativity and cultural heritage, serving as a universal language that builds community, transcends barriers, and enriches the human experience.
(2) Live musical performances create irreplaceable moments of collective joy and shared experience, fostering social bonds and building lasting memories that define generations.
(3) Artists dedicate their lives to creating and performing music, making significant contributions to our society's cultural fabric while facing unique
economic challenges and professional uncertainties.
(4) The music industry is a vital economic engine for the State of California, contributing over $51 billion to California's GDP, supporting more than 450,000 jobs, sustaining over 80,000 music establishments, and providing opportunities for more than 258,000 songwriters in California alone, according to data from 50StatesOfMusic.com.
(5) The ability of artists to connect directly with their fans through live performances is essential to their artistic expression, professional sustainability, and ability to build lasting careers in music.
(6) The integrity of the live music experience depends on fair, transparent, and accessible ticketing practices that serve the interests of both artists and their fans.
(7) The rise of predatory ticketing practices, including the use of automated purchasing software, speculative ticket sales, and deceptive marketing, threatens artists' ability to ensure that their performances remain accessible to their intended audiences.
(8) Artists have a fundamental right to determine how their creative work is presented and distributed.
(9) The relationship between artists and their audiences must be protected from exploitation by third parties who add no value to the creative ecosystem while extracting excessive profits from both creators and consumers.
(10) The future vitality of live music as an art form depends on maintaining an equitable marketplace that respects artists' rights, facilitates fair compensation for their work, and ensures fans can access performances at
transparent prices.
(11) State action is necessary to protect the cultural and economic ecosystem of live music performance, preserve artist-fan relationships, and ensure the sustainability of musical creation and performance as a profession.
(12) Establishing clear standards for ticket sales and resale will protect the rights of artists while ensuring fans have fair access to live performances, thus preserving music’s essential role in our society.
(b) It is the intent of the Legislature to establish comprehensive regulation of ticket sales and resale practices to protect the rights of artists and fans, preserve the integrity of live music performances, and ensure the long-term vitality of musical culture in California.
SEC. 2.
Section 22500 of the Business and Professions Code is repealed.(a)A ticket seller shall have a permanent business address from which tickets may only be sold and that address shall be included in any advertisement or solicitation, and shall be duly licensed as may be required by any local jurisdiction.
(b)A violation of this section shall constitute a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(c)Any person who engages, has engaged, or proposes to engage in a violation of this section shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or a district attorney, or a city attorney of a city having a population in excess of 750,000, and, with the consent of the district attorney, by a city prosecutor in any city, county, or city and county having a full-time prosecutor in any court of competent jurisdiction. Payment of the civil penalty shall be made pursuant to the provisions of subdivision (b) of Section 17206. For the purposes of this section, each ticket sold or offered for sale in violation of this section shall constitute a separate violation. The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.
SEC. 3.
Section 22500 is added to the Business and Professions Code, to read:22500.
(a) Original sellers, ticket resellers, and ticket resale marketplaces shall be registered and be duly licensed, as may be required by any local jurisdiction.(b) A violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(c) For the purposes of this chapter, each ticket purchased in a manner prohibited by Section 22505.5, or sold or offered for sale in violation of this chapter, shall constitute a separate violation.
(d) An action for a violation of this chapter may be brought only
by any of the following:
(1) The Attorney General.
(2) A district attorney.
(3) A city attorney.
(4) A county counsel.
(5) A city prosecutor.
(e) In an action alleging a violation of this chapter, the court shall impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter. In addition, the court shall award a prevailing public prosecutor reasonable costs and attorney’s fees. In determining the amount of the civil penalty, the court shall consider all of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1) The nature and seriousness of the misconduct.
(2) The number of violations.
(3) The persistence of the misconduct.
(4) The length of time during which the misconduct occurred.
(5) The willfulness of the misconduct.
(6) The assets, liabilities, and net worth of the defendant.
(f) The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.
SEC. 4.
Section 22501 of the Business and Professions Code is amended to read:22501.
SEC. 5.
Section 22502 of the Business and Professions Code is repealed.A ticket seller shall, prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets.
SEC. 6.
Section 22502 is added to the Business and Professions Code, to read:22502.
(a) An original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, shall own, possess, or have the contractual agreement with the event presenter or venue operator to sell the ticket.(b) An original seller or a ticket reseller, at the time of listing or marketing of, and before selling, a ticket, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will permit the consumer to occupy, including the section, row, and seat number represented by each ticket, and the face price printed or displayed on the ticket that they are listing for resale, unless that ticket is designated as “standing room only” or not otherwise associated with occupying
a particular location within a venue.
(c) Subdivision (b) shall not apply to either of the following:
(1) Flexible series ticketing options that allow attendees to commit to a number of performances in advance, while choosing the specific performances at a later date.
(2) Season tickets that are purchased as a package and are not individually priced.
SEC. 7.
Section 22502.1 of the Business and Professions Code is repealed.It shall be unlawful for a ticket seller to contract for the sale of tickets or accept consideration for payment in full or for a deposit for the sale of tickets unless the ticket seller meets one or more of the following requirements:
(a)The ticket seller has the ticket in his or her possession.
(b)The ticket seller has a written contract to obtain the offered ticket at a certain price from a person in possession of the ticket or from a person who has a contractual right to obtain the ticket from the primary contractor.
(c)The ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two business days, that the seller does not have possession of the tickets, has no contract to obtain the offered ticket at a certain price from a person in possession of the ticket or from a person who has a contractual right to obtain the ticket from the primary contractor, and may not be able to supply the ticket at the contracted price or range of prices.
Nothing in this section shall prohibit a ticket seller from accepting a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice the disclosures otherwise required by this section.
SEC. 8.
Section 22502.1 is added to the Business and Professions Code, to read:22502.1.
(a) (1) A ticket resale marketplace, before accepting a listing to market or sell a ticket, shall require that the person listing the ticket own, possess, or have the contractual right to sell the ticket, and be able to deliver the ticket to the consumer.(2) By allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with all applicable state laws.
(b) A ticket resale marketplace, on its internet website in each ticket listing, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will entitle the
consumer to occupy, including the section, row, and seat number represented by each ticket, unless the ticket is designated as standing-room only or not otherwise associated with occupying a particular location within a venue.
SEC. 9.
Section 22502.2 of the Business and Professions Code is repealed.It shall be unlawful for a ticket seller to represent that he or she can deliver or cause to be delivered a ticket at a specific price or within a specific price range and to fail to deliver within a reasonable time or by a contracted time the tickets at or below the price stated or within the range of prices stated.
SEC. 10.
Section 22502.3 of the Business and Professions Code is repealed.In addition to other remedies, a ticket seller who violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorney’s fees and court costs.
SEC. 11.
Section 22502.3 is added to the Business and Professions Code, to read:22502.3.
(a) It shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket if they do not own, possess, or have a contractual agreement with the event presenter or venue operator to sell the ticket.(b) In addition to the requirements of subdivision (a), it shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket, unless the ticket has been made available for sale on the internet to the public by the presenter, including, without limitation,
through a presale, fan club presale, or any other promotional presale event, or the presenter has otherwise provided permission to the original seller or ticket reseller to do so.
SEC. 12.
Section 22502.4 is added to the Business and Professions Code, to read:22502.4.
It shall be unlawful for an original seller, a ticket reseller, or a ticket resale marketplace to do either of the following:(a) Represent that they can deliver, or cause to be delivered, a ticket at a specific price or within a specific price range, and to fail to deliver within a reasonable time, or by a contracted time, the ticket, at or below the price stated or within the range of prices stated.
(b) Misrepresent or mislead the consumer with regard to the access and provisions the ticket provides.
SEC. 13.
Section 22502.5 is added to the Business and Professions Code, to read:22502.5.
In addition to other remedies, an original seller, a ticket reseller, or a ticket resale marketplace that violates Section 22502.1 or 22502.4 shall be civilly liable to the ticket consumer for two times the contracted price of the ticket, in addition to any sum expended by the consumer in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorney’s fees and court costs.SEC. 14.
Section 22503 of the Business and Professions Code is repealed.A ticket seller, as used in this chapter, means any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event.
SEC. 15.
Section 22503 is added to the Business and Professions Code, to read:22503.
For purposes of this chapter, the following terms have the following meanings:(a) “Artist” means an actor rendering services on the stage, musical artist, musical organization, or other performing artist rendering professional services in theatrical and other live entertainment enterprises.
(b) “Consumer” means a natural person or persons who purchase tickets to an entertainment event with the express purpose of attending that event.
(c) “Entertainment venue” means a publicly or privately owned place that holds live entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack,
stadium, theater, or other place where entertainment events are presented for a price of admission.
(d) “Event presenter” means the person or organization that is responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including the rights holder, or their authorized agent.
(e) “Face price” is the price established by the event presenter, rights holder, or venue operator prior to the original sale of a ticket, exclusive of any fees or charges.
(f) “Live entertainment event” means a scheduled live performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.
(g) “Original seller” means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(h) “Premium seat license” means a license that entitles the holder to purchase tickets for a designated seat in a venue for multiple events, which include music shows in addition to nonmusic shows, over a period of time that is at least one year.
(i) “Professional athletic team” means any entity that has all of the following characteristics:
(1) It employs concurrently during the taxable year five or more persons, who are compensated for being participating members of an
athletic team engaging in public contests.
(2) Is a member of a league composed of at least five entities that are engaged in the operation of an athletic team and that are located in this and other states, or in other countries.
(3) Has total minimum paid attendance in the aggregate for all contests wherever played during the taxable year of 40,000 persons.
(4) Has minimum gross income in the taxable year of one hundred thousand dollars ($100,000).
(5) Does not participate in college athletics.
(j) “Rights holder” means an artist, performing arts organization, theater or dance company, professional athletic team, professional athletic league, author, lecturer, or any other persons who are
the primary speakers or performers at an event for which tickets are sold.
(k) “Ticket” means a license, issued by the venue operator, for admission to the place of entertainment at the date and time specified on the ticket, subject to the terms and conditions as specified by the rights holder and venue operator.
(l) “Ticket resale marketplace” means an entity that, for compensation, commission, or otherwise, advertises, lists, markets for sale, processes payments for, facilitates the resale of, or resells an admission ticket for, a sporting, musical, theater, or other live entertainment event.
(m) “Ticket reseller” means a person who for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event other than a
ticket for original sale sold by an original seller.
(n) “Venue operator” means any person who owns, operates, manages, or controls an entertainment venue.
SEC. 16.
Section 22503.5 of the Business and Professions Code is repealed.This chapter does not apply to any primary contractor or seller of tickets for the primary contractor operating under a written contract with the primary contractor.
“Primary contractor” means the person or organization who is responsible for the event for which tickets are being sold.
SEC. 17.
Section 22503.6 of the Business and Professions Code is amended and renumbered to read:22503.6.22503.4.
This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier or motor coach carrierSEC. 18.
Section 22505.2 is added to the Business and Professions Code, to read:22505.2.
(a) A person shall not use an internet website, or cause an internet website to be used, to display either of the following:(1) A trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyright holder.
(2) Any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter, venue operator, or original seller, or any of their authorized agents, without the written consent of the event presenter, venue operator, or original seller.
(b) A ticket reseller shall not
represent that the live entertainment event is sold out or use the term “sold out” when tickets are still available on the original seller’s website.
(c) In addition to the punishments contained in this chapter, a violation of this section constitutes false advertising pursuant to Section 17500.
SEC. 19.
Section 22505.5 of the Business and Professions Code is amended to read:22505.5.
(b)For purposes of this section:
(1)”Event attendee” means a person who purchases one or more tickets with the intent to attend the event for which the ticket or tickets are purchased. An event attendee does not include a ticket seller.
(2)“A control or measure that is used to ensure an equitable ticket buying process” includes limits on the number of tickets that a person can purchase.
(a) Purchase tickets in excess of posted limits for an online event ticket sale.
(b) Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online event ticket sale.
(c) Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry into an event.
(d) Purchase tickets in violation of the event presenter, or venue operator’s posted terms and conditions.
(e) Utilize multiple Internet Protocol addresses, multiple purchaser accounts, or
multiple email addresses to purchase tickets in excess of posted ticket limits.
SEC. 20.
Section 22507 of the Business and Professions Code is amended to read:22507.
(a) The ticket price of an event(b) The ticket price of an event which
that is postponed, rescheduled, or replaced with another event at the same date and time, shall be be, at the option of the consumer, fully refunded to the purchaser by the ticket seller or credited to the account of the consumer by the person who processed the sale of the ticket upon request within 30 calendar days of the refund request.
(c) For purposes of this section, a rescheduled event includes a canceled occurrence of a recurring event for which the purchaser
consumer is offered the opportunity to attend another, materially identical occurrence of the same event at a different date or time.
(d) A local jurisdiction may require a ticket seller
an original seller, ticket reseller, or ticket resale marketplace to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section.
SEC. 21.
Section 22508 of the Business and Professions Code is repealed.A ticket seller shall disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller.
