102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2344
 
Introduced 2/26/2021, by Sen. Michael E. Hastings
 
SYNOPSIS AS INTRODUCED:



      
815 ILCS 414/1 was 720 ILCS 375/1
815 ILCS 414/1.5 was 720 ILCS 375/1.5
815 ILCS 414/1.7 new
815 ILCS 414/2 was 720 ILCS 375/2

 Amends the Ticket Sale and Resale Act. Revises the nomenclature used in the Act. Provides for the regulation of primary sellers and venues (rather than a theater, circus, baseball park, and place of public entertainment or amusement). Provides for resale marketplaces instead of Internet auction sites. Prohibits the restriction of the ability of a purchaser to resell tickets. Defines terms. Provides alternative refund provisions for primary sellers and resale marketplaces that include store credits, time limits, and discounts on future events. Changes penalties for violating the Act. Makes other changes.



LRB102 12646 JLS 17985 b


 
 
A BILL FOR
 


SB2344LRB102 12646 JLS 17985 b



1 AN ACT concerning business.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Ticket Sale and Resale Act is amended by 
5changing Sections 1, 1.5, and 2 and by adding Section 1.7 as 
6follows:




7 (815 ILCS 414/1) (was 720 ILCS 375/1)



8 Sec. 1. Sale of tickets other than at box office 
9prohibited; exceptions.

10 (a) It is unlawful for any person, firm or corporation, 
11owner, lessee,
manager, trustee, or any of their employees or 
12agents, owning, conducting,
managing or operating any theater, 
13circus sporting event, baseball park, or place of public

14entertainment or amusement where tickets of admission are sold 
15for any such
places of amusement or public entertainment (each 
16hereinafter referred to as a "primary seller") to do any of the 
17following:
18  (1) sell or permit the sale,
barter or exchange of 
19 such admission tickets at any other place than in the
box 
20 office or on the premises of such theater, circus, 
21 sporting event baseball park, or place
of public 
22 entertainment or amusement (each hereinafter referred to 
23 as a "venue"), but nothing herein prevents such primary 
 
 
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1 seller
theater, circus, baseball park, or place of public 
2 entertainment or amusement
from placing any of its 
3 admission tickets for sale at any other place at
the same 
4 price such admission tickets are sold by such primary 
5 seller theater, circus,
baseball park, or other place of 
6 public entertainment or amusement at its
box office or on 
7 the premises of such venue places, at the same advertised 
8 price
or printed rate thereof; .
9  (2) restrict the ability of a purchaser who has 
10 purchased tickets from such primary seller to resell any 
11 such tickets (A) independent of such primary seller and 
12 any secondary ticket sales marketplace owned or affiliated 
13 with such primary seller or (B) on the secondary ticket 
14 sales marketplace of the purchaser's choice; or
15  (3) sanction or deny admission to an event on the 
16 basis that such purchaser resold a ticket, gifted a 
17 ticket, or purchased a resold ticket or otherwise 
18 discriminate against a purchaser who has resold, gifted, 
19 or purchased a resold ticket by: (A) charging any transfer 
20 or other fees, regardless of how characterized, for the 
21 transfer of a ticket outside of the ticketing system 
22 operated by the primary seller, (B) requiring the 
23 provision of any data regarding the resale transaction 
24 other than data required to validate and fulfill the

25 ticket transfer request, or (C) otherwise impeding the

26 transfer of a ticket through technological obstacles or 
 
 
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1 other means. 
2 (b) Any term or condition of the original sale of a ticket 
3to any venue theater, circus, baseball park, or place of 
4public entertainment or amusement where tickets of admission 
5are sold that purports to limit the terms or conditions of 
6resale of the ticket (including but not limited to the resale 
7price of the ticket) is unenforceable, null, and void if the 
8resale transaction is carried out by any of the means set forth 
9in subsections (b), (c), and (d), and (e) of Section 1.5 of 
10this Act. This subsection shall not apply to a term or 
11condition of the original sale of a ticket to any venue 
12theater, circus, baseball park, or place of public 
13entertainment or amusement where tickets of admission are sold 
14that purports to limit the terms or conditions of resale of a 
15ticket specifically designated as seating in a special section 
16for a person with a physical disability.


17(Source: P.A. 99-78, eff. 7-20-15.)




18 (815 ILCS 414/1.5) (was 720 ILCS 375/1.5)



19 Sec. 1.5. Sale of tickets at more than face value 
20prohibited; exceptions.

21 (a) Except as otherwise provided in subsections (b), (c), 
22(d), (e), and (f-5) of this Section and in Section 4, it is 
23unlawful for any person,
persons, firm or corporation to sell 
24tickets for baseball games, football
games, hockey games, 
25theater theatre entertainments, or any other amusement for a

 
 
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1price more than the price printed upon the face of said ticket, 
2and the
price of said ticket shall correspond with the same 
3price shown at the box
office or the office of original 
4distribution.

5 (b) This Act does not apply to the resale of tickets of 
6admission to a venue
sporting event, theater, musical 
7performance, or place of public
entertainment or amusement of 
8any kind for a price in excess of the printed
box office ticket 
9price by a ticket broker who meets all of the following

10requirements:

11  (1) The ticket broker is duly registered with the 
12 Office of the
Secretary of State on a registration form 
13 provided by that Office. The
registration must contain a 
14 certification that the ticket broker:

15   (A) engages in the resale of tickets on a regular

16 and ongoing basis from one or more permanent or fixed 
17 locations located
within
this State;

18   (B) maintains as the principal business activity 
19 at those locations
the resale of tickets;

20   (C) displays at those locations the ticket 
21 broker's registration;

22   (D) maintains at those locations a listing of the 
23 names and addresses of
all persons employed by the 
24 ticket broker;

25   (E) is in compliance with all applicable federal, 
26 State, and local laws
relating to its ticket selling 
 
 
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1 activities, and that neither the ticket broker
nor any 
2 of its employees within the preceding 12 months have 
3 been convicted of
a violation of this Act; and

4   (F) meets the following requirements:

5    (i) the ticket broker maintains a toll free 
6 number specifically dedicated for Illinois 
7 consumer complaints and
inquiries concerning 
8 ticket sales;

9    (ii) the ticket broker has adopted a code that 
10 advocates consumer protection that
includes, at a 
11 minimum:

12     (a-1) consumer protection guidelines;

13     (b-1) a standard refund policy. In the 
14 event a refund is due, the ticket broker shall 
15 provide that refund without charge other than 
16 for reasonable delivery fees for the return of 
17 the tickets; and

18     (c-1) standards of professional conduct;

19    (iii) the ticket broker has adopted a 
20 procedure for the binding resolution of consumer

21 complaints by an independent, disinterested third 
22 party and thereby submits to the jurisdiction of 
23 the State of Illinois; and

24    (iv) the ticket broker has established and 
25 maintains a consumer protection rebate fund
in 
26 Illinois in an amount in excess of $100,000, which 
 
 
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1 must be cash
available for immediate disbursement 
2 for satisfaction of valid consumer
complaints.

3  Alternatively, the ticket broker may fulfill the 
4 requirements of
subparagraph (F) of this paragraph (1) if 
5 the ticket broker certifies that he
or she belongs to a 
6 professional association
organized under the laws of this 
7 State, or organized under the laws of
any
other state and 
8 authorized to conduct business in Illinois, that has been 
9 in
existence for at least 3 years prior to the date of that 
10 broker's registration
with the Office of the Secretary of 
11 State, and is specifically
dedicated, for and on behalf of 
12 its members, to provide and
maintain the consumer 
13 protection requirements of subparagraph (F) of this 
14 paragraph (1) to maintain the integrity of the ticket 
15 brokerage industry.

16  (2) (Blank).

17  (3) The ticket broker and his employees must not 
18 engage in the
practice of selling, or attempting to sell, 
19 tickets for any event while
sitting or standing near the 
20 facility at which the event is to be held or
is being held 
21 unless the ticket broker or his or her employees are on 
22 property they own, lease, or have permission to occupy.

23  (4) The ticket broker must comply with all 
24 requirements of the
Retailers' Occupation Tax Act and 
25 collect and remit
all other applicable federal, State and

26 local taxes in connection with the ticket broker's ticket 
 
 
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1 selling activities.

2  (5) Beginning January 1, 1996, no ticket broker shall 
3 advertise for
resale any tickets within this State unless 
4 the advertisement contains the
name of the ticket broker 
5 and the Illinois registration number issued by the
Office 
6 of the Secretary of State under this Section.

7  (6) Each ticket broker registered under this Act shall 
8 pay an annual
registration fee of $100.
9 (c) This Act does not apply to the sale of tickets of 
10admission to a venue sporting event, theater, musical 
11performance, or place of public entertainment or amusement of 
12any kind for a price in excess of the printed box office ticket 
13price by a reseller engaged in interstate or intrastate 
14commerce on a resale marketplace an Internet auction listing 
15service duly registered with the Office of the Secretary of 
16State on a registration form provided by that Office. "Resale 
17marketplace" means any business, including a website, software 
18application for a mobile device, or any other digital 
19platform, or portion thereof, the primary purpose of which is 
20to facilitate the resale of tickets between sellers and 
21purchasers. This subsection (c) applies to both sales through 
22an online bid submission process and sales at a fixed price on 
23the same website or interactive computer service as an 
24Internet auction listing service.
25 This subsection (c) applies to resales described in this 
26subsection only if such resales are made through a resale 
 
 
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1marketplace that the operator of the Internet auction listing 
2service meets the following requirements:
3  (1) the operator maintains a listing of the names and 
4 addresses of its corporate officers;
5  (2) the operator is in compliance with all applicable 
6 federal, State, and local laws relating to ticket selling 
7 activities, and the operator's officers and directors have 
8 not been convicted of a violation of this Act within the 
9 preceding 12 months;

10  (3) the operator maintains, either itself or through 
11 an affiliate, a toll free number dedicated for consumer 
12 complaints;
13  (4) the operator provides consumer protections that 
14 include at a minimum:
15   (A) consumer protection guidelines;
16   (B) a standard refund policy that guarantees to 
17 all purchasers that it will provide and in
fact 
18 provides a full refund of the amount paid by the 
19 purchaser (including, but not limited to, all fees, 
20 regardless of how characterized) if the following 
21 occurs:
22    (i) with the exception of events canceled 
23 under circumstances listed in subsection (b) of 
24 Section 1.7, the ticketed event is cancelled and 
25 the purchaser returns the tickets to the seller or 
26 resale marketplace Internet auction listing 
 
 
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1 service; however, reasonable delivery fees need 
2 not be refunded if the previously disclosed 
3 guarantee specifies that the fees will not be 
4 refunded if the event is cancelled;
5    (ii) the ticket received by the purchaser does 
6 not allow the purchaser to enter the ticketed 
7 event for reasons that may include, without 
8 limitation, that the ticket is counterfeit or that 
9 the ticket has been cancelled by the issuer due to 
10 non-payment, unless the ticket is cancelled due to 
11 an act or omission by such purchaser;
12    (iii) the ticket fails to conform to its 
13 description on the resale marketplace Internet 
14 auction listing service; or
15    (iv) the ticket seller willfully fails to send 
16 the ticket or tickets to the purchaser, or the 
17 ticket seller attempted to deliver the ticket or 
18 tickets to the purchaser in the manner required by 
19 the resale marketplace Internet auction listing 
20 service and the purchaser failed to receive the 
21 ticket or tickets; and

22   (C) standards of professional conduct;

23  (5) the operator has adopted an independent and 
24 disinterested dispute resolution procedure that allows 
25 resellers or purchasers to file complaints against the 
26 other and have those complaints mediated or resolved by a 
 
 
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1 third party, and requires the resellers or purchasers to 
2 submit to the jurisdiction of the State of Illinois for 
3 complaints involving a ticketed event held in Illinois;
4  (6) the operator either:
5   (A) complies with all applicable requirements of 
6 the Retailers' Occupation Tax Act and collects and 
7 remits all applicable federal, State, and local taxes; 
8 or

9   (B) publishes a written notice on the website 
10 after the sale of one or more tickets that 
11 automatically informs the ticket reseller of the 
12 ticket reseller's potential legal obligation to pay 
13 any applicable local amusement tax in connection with 
14 the reseller's sale of tickets, and discloses to law 
15 enforcement or other government tax officials, without 
16 subpoena, the name, city, state, telephone number, 
17 e-mail address, user ID history, fraud complaints, and 
18 bidding and listing history of any specifically 
19 identified reseller or purchaser upon the receipt of a 
20 verified request from law enforcement or other 
21 government tax officials relating to a criminal 
22 investigation or alleged illegal activity; and

23  (7) the operator either:
24   (A) has established and maintains a consumer 
25 protection rebate fund in Illinois in an amount in 
26 excess of $100,000, which must be cash available for 
 
 
SB2344- 11 -LRB102 12646 JLS 17985 b


1 immediate disbursement for satisfaction of valid 
2 consumer complaints; or
3   (B) has obtained and maintains in force an errors 
4 and omissions insurance policy that provides at least 
5 $100,000 in coverage.

6 (d) This Act does not apply to the resale of tickets of 
7admission to a venue sporting event, theater, musical 
8performance, or place of public entertainment or amusement of 
9any kind for a price in excess of the printed box office ticket 
10price conducted at an auction solely by or for a 
11not-for-profit organization for charitable purposes under 
12clause (a)(1) of Section 10-1 of the Auction License Act.
13 (e) (Blank). This Act does not apply to the resale of a 
14ticket for admission to a baseball game, football game, hockey 
15game, theatre entertainment, or any other amusement for a 
16price more than the price printed on the face of the ticket and 
17for more than the price of the ticket at the box office if the 
18resale is made through an Internet website whose operator 
19meets the following requirements:
20  (1) the operator has a business presence and physical 
21 street address in the State of Illinois and clearly and 
22 conspicuously posts that address on the website;
23  (2) the operator maintains a listing of the names of 
24 the operator's directors and officers, and is duly 
25 registered with the Office of the Secretary of State on a 
26 registration form provided by that Office;

 
 
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1  (3) the operator is in compliance with all applicable 
2 federal, State, and local laws relating to its ticket 
3 reselling activities regulated under this Act, and the 
4 operator's officers and directors have not been convicted 
5 of a violation of this Act within the preceding 12 months;

6  (4) the operator maintains a toll free number 
7 specifically dedicated for consumer complaints and 
8 inquiries regarding ticket resales made through the 
9 website;
10  (5) the operator either:
11   (A) has established and maintains a consumer 
12 protection rebate fund in Illinois in an amount in 
13 excess of $100,000, which must be cash available for 
14 immediate disbursement for satisfaction of valid 
15 consumer complaints; or
16   (B) has obtained and maintains in force an errors 
17 and omissions policy of insurance in the minimum 
18 amount of $100,000 for the satisfaction of valid 
19 consumer complaints;
20  (6) the operator has adopted an independent and 
21 disinterested dispute resolution procedure that allows 
22 resellers or purchasers to file complaints against the 
23 other and have those complaints mediated or resolved by a 
24 third party, and requires the resellers or purchasers to 
25 submit to the jurisdiction of the State of Illinois for 
26 complaints involving a ticketed event held in Illinois;
 
 
SB2344- 13 -LRB102 12646 JLS 17985 b


1  (7) the operator either:
2   (A) complies with all applicable requirements of 
3 the Retailers' Occupation Tax Act and collects and 
4 remits all applicable federal, State, and local taxes; 
5 or
6   (B) publishes a written notice on the website 
7 after the sale of one or more tickets that 
8 automatically informs the ticket reseller of the 
9 ticket reseller's potential legal obligation to pay 
10 any applicable local amusement tax in connection with 
11 the reseller's sale of tickets, and discloses to law 
12 enforcement or other government tax officials, without 
13 subpoena, the name, city, state, telephone number, 
14 e-mail address, user ID history, fraud complaints, and 
15 bidding and listing history of any specifically 
16 identified reseller or purchaser upon the receipt of a 
17 verified request from law enforcement or other 
18 government tax officials relating to a criminal 
19 investigation or alleged illegal activity; and

20  (8) the operator guarantees to all purchasers that it 
21 will provide and in fact provides a full refund of the 
22 amount paid by the purchaser (including, but not limited 
23 to, all fees, regardless of how characterized) if any of 
24 the following occurs:
25   (A) the ticketed event is cancelled and the 
26 purchaser returns the tickets to the website operator; 
 
 
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1 however, reasonable delivery fees need not be refunded 
2 if the previously disclosed guarantee specifies that 
3 the fees will not be refunded if the event is 
4 cancelled;
5   (B) the ticket received by the purchaser does not 
6 allow the purchaser to enter the ticketed event for 
7 reasons that may include, without limitation, that the 
8 ticket is counterfeit or that the ticket has been 
9 cancelled by the issuer due to non-payment, unless the 
10 ticket is cancelled due to an act or omission by the 
11 purchaser;
12   (C) the ticket fails to conform to its description 
13 on the website; or
14   (D) the ticket seller willfully fails to send the 
15 ticket or tickets to the purchaser, or the ticket 
16 seller attempted to deliver the ticket or tickets to 
17 the purchaser in the manner required by the website 
18 operator and the purchaser failed to receive the 
19 ticket or tickets.

20 Nothing in this subsection (e) shall be deemed to imply 
21any limitation on ticket sales made in accordance with 
22subsections (b), (c), and (d) of this Section or any 
23limitation on sales made in accordance with Section 4.

24 (f) The provisions of subsections (b), (c), (d), and (e) 
25of
this Section apply only to the resale of a ticket after the 
26initial sale of that ticket.
No reseller of a ticket may refuse 
 
 
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1to sell tickets to another ticket reseller solely on the basis 
2that the purchaser is a ticket reseller or ticket broker 
3authorized to resell tickets pursuant to this Act.


4 (f-5) In addition to the requirements imposed under 
5subsections (b), (c), (d), (e), and (f) of this Section, 
6ticket brokers and resellers must comply with the requirements 
7of this subsection. Before accepting any payment from a 
8purchaser, a ticket broker or reseller must disclose to the 
9purchaser in a clear, conspicuous, and readily noticeable 
10manner the following information: 
11  (1) the registered name and city of the event venue;
12  (2) that the ticket broker or reseller is not the 
13 event venue box office or its licensed ticket agent, but 
14 is, instead, a ticket broker or reseller and that lost or 
15 stolen tickets may be reissued only by ticket brokers or 
16 resellers;
17  (3) whether it is registered under this Act; and
18  (4) its refund policy, name, and contact information. 
19 Before selling and accepting payment for a ticket, a 
20ticket broker or reseller must require the purchaser to 
21acknowledge by an affirmative act the disclosures required 
22under this subsection. The disclosures required by this 
23subsection must be made in a clear and conspicuous manner, 
24appear together, and be preceded by the heading "IMPORTANT 
25NOTICE" which must be in bold face font that is larger than the 
26font size of the required disclosures.
 
 
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1 Ticket brokers and resellers must guarantee a full refund 
2of the amount paid by the purchaser, including handling and 
3delivery fees, if any of the following occurs:
4  (1) the ticket received by the purchaser does not 
5 grant the purchaser admission to the event described on 
6 the ticket, unless it is due to an act or omission by the 
7 purchaser;
8  (2) the ticket fails to conform substantially to its 
9 description as advertised; or
10  (3) with the exception of events canceled under 
11 circumstances listed in subsection (b) of Section 1.7, the 
12 event for which the ticket has been resold is cancelled 
13 and not rescheduled. 
14 This subsection (f-5) does not apply to a resale 
15marketplace an Internet auction listing service.
16 (g) The provisions of Public Act 89-406 are severable 
17under Section
1.31 of the Statute on Statutes.
18 (h) The provisions of this amendatory Act of the 94th 
19General Assembly are severable under Section
1.31 of the 
20Statute on Statutes.


21(Source: P.A. 99-431, eff. 1-1-16; 100-534, eff. 9-22-17.)


22 (815 ILCS 414/1.7 new)
23 Sec. 1.7. Refund alternative; primary sellers and resale 
24marketplaces.
25 (a) This Section applies to primary sellers and resale 
 
 
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1marketplaces. 
2 (b) If a ticketed event is canceled by reason of any act of 
3God, earthquake, epidemic, pandemic, explosion, strike, 
4lockout, labor controversy, riot, civil disturbance, act of 
5public enemy, embargo, war, any law, ordinance or regulation, 
6legal order, any failure or delay of any transportation, 
7power, or communications system, or any other similar cause 
8not under the control of the primary seller or resale 
9marketplace, any ticket sales refunding requirement set forth 
10in other provisions of this Act do not apply and the following 
11shall occur: 
12  (1) within 30 days after the official cancellation of 
13 such ticketed event, the primary seller shall initiate a 
14 14-day window for the purchaser to opt for a full cash 
15 refund (such refund to be paid by the primary seller 
16 within 5 business days after the election) or a gift card 
17 or other store credit worth at least 110% of the value of 
18 the ticket (including, but not limited to, all fees, 
19 regardless of how characterized) that may be used by the 
20 purchaser to buy event tickets to future events from the 
21 primary seller; after such 14-day period, the option will 
22 revert to the primary seller and the primary seller, at 
23 its sole option, may compensate purchasers either in the 
24 form of a full cash refund or a gift card or other store 
25 credit; and 
26  (2) within 30 days after the official cancellation of 
 
 
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1 such ticketed event by the primary seller, each impacted 
2 resale marketplace shall initiate a 14-day window for the 
3 purchaser to opt for a full cash refund (such refund to be 
4 paid by the resale marketplace within 30 days the 
5 election) or a gift card or other store credit worth at 
6 least 110% of the value of the ticket (including, but not 
7 limited to, all fees, regardless of how characterized) 
8 that may be used by the purchaser to buy event tickets to 
9 future events from such resale marketplace; after such 
10 14-day period, the option will revert to the resale 
11 marketplace and the resale marketplace, at its sole 
12 option, may compensate purchasers either in the form of a 
13 full cash refund or a gift card or other store credit. 
14 (c) If a ticketed event is postponed by reason of any act 
15of God, earthquake, epidemic, pandemic, explosion, strike, 
16lockout, labor controversy, riot, civil disturbance, act of 
17public enemy, embargo, war, any law, ordinance or regulation, 
18legal order, any failure or delay of any transportation, 
19power, or communications system or any other similar cause not 
20under the control of the primary seller or resale marketplace 
21and the original tickets are valid for entry at the time of the 
22rescheduled event, then any purchaser of such tickets shall 
23not be entitled to a refund or other compensation unless and 
24until such ticketed event is canceled. Notwithstanding the 
25foregoing, if a postponed ticketed event is rescheduled by the 
26primary seller on a date that is more than 18 months after the 
 
 
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1date that such event was originally scheduled to occur, then 
2the following shall occur:
3  (1) within 30 days after the date that the primary 
4 seller announces a postponement of greater than 18 months 
5 from the original date of performance of the ticketed 
6 event (or, if no such
announcement is made, within 30 days 
7 after the date that is 18 months from the original date of 
8 performance of the ticketed event), the primary seller 
9 shall provide notice to the purchaser that the purchaser 
10 has a 14-day window to opt for a full cash refund (such 
11 refund to be paid by the primary seller within 5 business 
12 days of the election) or a gift card or other store credit 
13 worth at least 110% of the value of the ticket (including, 
14 but not limited to, all fees, regardless of how 
15 characterized) that may be used by the purchaser to buy 
16 event tickets to future events from the primary seller; 
17 after such 14-day period, the option will revert to the 
18 primary seller and the primary seller, at its sole option, 
19 may compensate purchasers either in the form of a full 
20 cash refund or a gift card or other store credit; and
21  (2) within 30 days after the of the date that the 
22 primary seller announces a postponement of greater than 18 
23 months from the original date of performance of the ticket 
24 event (or, if no such announcement is made, within 30 days 
25 after the date that is 18 months after the original date of 
26 performance of the ticketed event), each impacted resale 
 
 
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1 marketplace shall provide notice to the purchaser that the 
2 purchaser has a 14-day window to opt for a full cash refund 
3 (such refund to be paid by the resale marketplace within 
4 30 days after the election) or a gift card or other store 
5 credit worth at least 110% of the value of the ticket 
6 (including, but not limited to, all fees, regardless of 
7 how characterized) that may be used by the purchaser to 
8 buy event tickets to future events from the resale 
9 marketplace; after such 14-day period, the option will 
10 revert to the resale marketplace and the resale 
11 marketplace, at its sole option, may compensate purchasers 
12 either in the form of a full cash refund or a gift card or 
13 other store credit. 
14 (d) For purposes of administering refunds under this Act 
15and protecting the personal privacy of those buyers who 
16purchase tickets from resale marketplaces, upon the resale of 
17a ticket from a reseller to a purchaser through a resale 
18marketplace, the resale purchaser shall become the owner of 
19that ticket as if such resale purchaser had bought directly 
20from the primary seller and, as between the primary seller and 
21the resale marketplace, the resale marketplace shall become 
22the agent of record for the purchaser of that ticket and any 
23refunds required under this Act shall be paid directly to the 
24resale marketplace by the primary seller. The resale 
25marketplace shall then distribute such refunds to its 
26purchasers in the manner required by this Act.
 
 
SB2344- 21 -LRB102 12646 JLS 17985 b


1 (e) Nothing in this Section shall prevent a primary seller 
2or resale marketplace from offering an immediate full cash

3refund to a purchaser at any time if such primary seller or 
4resale marketplace opts to do so. 




5 (815 ILCS 414/2) (was 720 ILCS 375/2)



6 Sec. 2. 
(a) Whoever violates any of the provisions of 
7Section 1.5 of
this Act shall be guilty of a Class A 
8misdemeanor and may be fined up
to $5,000.00 for each offense 
9and whoever violates any other provision of
this Act may be 
10enjoined and be required to make restitution to all injured

11consumers upon application for injunctive relief by the 
12State's Attorney or
Attorney General and shall also be guilty 
13of a Class A misdemeanor, and any
owner, lessee, manager or 
14trustee convicted under this Act shall, in
addition to the 
15penalty herein provided, forfeit the license of such theater

16theatre, circus, baseball park, or place of public 
17entertainment or amusement
so granted and the same shall be 
18revoked by the authorities granting the same.

19 (b) (Blank). Tickets sold or offered for sale by a person, 
20firm or corporation
in violation of Section 1.5 of this Act may 
21be confiscated by a
court on
motion of the Attorney General, a 
22State's Attorney, the sponsor of the
event for which the 
23tickets are being sold, or the owner or operator of the

24facility at which the event is to be held, and may be donated 
25by order of
the court to an appropriate organization as 
 
 
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1defined under Section 2 of the
Charitable Games Act.

2 (c) The Attorney General, a State's Attorney, the sponsor 
3of an event
for which tickets are being sold, or the owner or 
4operator of the facility
at which an event is to be held may 
5seek an injunction restraining any
person, firm or corporation 
6from selling or offering for sale tickets in
violation of the 
7provisions of this Act. In addition, on motion of the
Attorney 
8General, a State's Attorney, the sponsor of an event for which

9tickets are being sold, or the owner or operator of the 
10facility at which
an event is to be held, a court may 
11permanently enjoin a person, firm or
corporation found guilty 
12of violating Section 1.5 of this Act
from
engaging in the offer 
13or sale of tickets.

14(Source: P.A. 99-78, eff. 7-20-15.)