Bill Text: NJ S2801 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits circumventing security measures for certain online ticket sales.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-06-06 - Introduced in the Senate, Referred to Senate Commerce Committee [S2801 Detail]
Download: New_Jersey-2022-S2801-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Prohibits circumventing security measures for certain online ticket sales.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning online ticket sales and amending and supplementing P.L.1983, c.135.
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.
e. "Ticket" means any physical, electronic, or other evidence that the possessor of that evidence has a license to enter a place of entertainment for one or more events at the place of entertainment, at the date and time or dates and times specified on the ticket, subject to the terms and conditions specified by the ticket issuer.
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 P.L.1983, c.135 (C.56:8-26 et seq.), 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.
g. "Resale" means a sale 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. Resale shall not include the first sale or distribution of a ticket by a ticket issuer.
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 ticket issuer or ticket resale website, who resells a ticket.
k. "Ticket issuer" means any person, other than a ticket resale website or reseller, that makes tickets available, directly or indirectly, to the general public, and may include, as applicable, the owner or operator of a place of entertainment, the producer or promoter of an event, a sports team or sports league of teams, a theater company, musical group or similar participant in an event, or an agent for any such person.
l. "Ticket resale website" means an online platform that provides a forum for the buying and selling of tickets, but does not include a ticket broker, ticket issuer, reseller, or place of entertainment.
m. "Online ticket issuer" means any person that makes tickets available directly or indirectly for sale to the general public via the Internet, and may include the owner or operator of a place of entertainment, a sports team or sports league of teams participating in an entertainment event, a theater company, musical group or similar participant in an entertainment event, or an agent of any such person.
(cf: P.L.2018, c.117, s.1)
2. (New section) No person shall employ any software, device or any other technological resource, or provide another person any software, device or any other technological resource, that is used to circumvent a security measure, access control system, or other control or measure on an online ticket issuer's Internet website that is used to ensure an equitable ticket buying process.
3. This act shall take effect immediately.
STATEMENT
This bill amends and supplements P.L.1983, c.135 (C.56:8-26 et seq.) to prohibit the use of any software, device or any other technological resource that is used to circumvent a security measure, access control system, or other control or measure on an online ticket issuer's Internet website that is used to ensure an equitable ticket buying process.
The bill defines "online ticket issuer" to mean any person that makes tickets available directly or indirectly for sale to the general public via the Internet, and may include the owner or operator of a place of entertainment, a sports team or sports league of teams participating in an entertainment event, a theater company, musical group or similar participant in an entertainment event, or an agent of any such person.
Pursuant to current law, any person who violates provisions of P.L.1983, c.135 (C.56:8-26 et seq.) is guilty of a crime of the fourth degree. A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both. Under the provisions of the bill, this penalty will apply to violations of the bill's provisions.
