Bill Text: NJ S3329 | 2022-2023 | Regular Session | Introduced
Bill Title: Revises provisions related to selling and reselling of tickets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-11-14 - Introduced in the Senate, Referred to Senate Commerce Committee [S3329 Detail]
Download: New_Jersey-2022-S3329-Introduced.html
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Revises provisions related to selling and reselling of tickets.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the selling and reselling of tickets to places of entertainment, and supplementing and amending P.L.1983, c.135.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1983, c.135 (C.56:8-27) is amended to read as follows:
2. No ticket broker shall engage in or continue in the business of reselling tickets for admission to a place of entertainment without meeting the following requirements:
a. Owning, operating or maintaining a permanent office, branch office, bureau, agency, or other place of business, not including a post office box, for the purpose of reselling tickets;
b. Obtaining a certificate of registration to resell or engage in the business of reselling tickets from the director;
c. Listing the ticket broker's registration number in any form of advertisement or solicitation in which tickets are being sold for the purpose of purchase by the general public for events in this State;
d. Maintaining records of ticket sales, deposits and refunds for a period of not less than two years from the time of any of these transactions;
e. Disclosing to the purchaser, by means of verbal description or a map, the location of the seats represented by the tickets;
f. Disclosing to the purchaser the cancellation policy of that broker;
g. Disclosing that a service charge is added by the ticket broker to the stated price on the tickets and is included by the broker in any advertisement or promotion for an event;
h. Disclosing to the purchaser, whenever applicable, that the ticket broker has a guarantee policy. If a ticket broker guarantees delivery of tickets to a purchaser and fails to deliver the tickets, the ticket broker shall provide a full refund for the cost of the tickets;
i. Disclosing to the purchaser of tickets when he is utilizing a tentative order policy, popularly known as a "try and get." When a ticket broker fails to obtain tickets on a "try and get" basis, the broker shall refund any deposit made by a purchaser of those tickets within a reasonable time, as shall be determined by the director;
j. When guaranteeing tickets in conjunction with providing a tour package, a ticket broker who fails to provide a purchaser with those tickets shall refund fully the price of the tour package and tickets; and
k. Providing to a purchaser of tickets who cancels an order a full refund for the cost of the tickets less shipping charges, if those tickets are returned to the broker within three days after receipt; provided, that when tickets are purchased within seven days of an event, a refund shall be given only if the tickets are returned within one day of receipt; and further provided, that no refund shall be given on any tickets purchased within six days of an event unless the ticket broker is able to resell the tickets.
l. If a ticket broker operates a website to resell tickets, the website shall clearly and conspicuously provide notice:
(1) that the website is for the secondary sale of tickets;
(2) that the price of a ticket offered for sale may exceed the price set by the place of entertainment; and
(3) of any refund policy of the ticket broker that is in place with regard to the postponement or cancellation of an event.
m. A ticket broker operating a website to resell tickets shall require a purchaser to confirm having read the notices required pursuant to paragraphs (1) through (3) in subsection l. of this section prior to completing a transaction.
n. A ticket broker shall clearly and conspicuously disclose the price charged by the place of entertainment that is printed or endorsed on the face of each ticket prior to the purchaser completing any transaction.
(cf: P.L.2001, c.394, s.2)
2. (New section) a. As defined pursuant to section 1 of P.L.1983, c.135 (C.56:8-26), a person, reseller, ticket broker, ticket issuer, and ticket resale website shall disclose the total cost of a ticket, including all ancillary fees, including any service charge, to be paid in order to complete the purchase of a ticket.
b. The information required in subsection a. of this section is to be disclosed in a clear and conspicuous manner, in dollars, to the ticket purchaser. If a ticket is sold through a website, the information required to be disclosed shall be displayed prior to the ticket being selected for purchase. The information disclosed shall not be false or misleading, and shall not be presented more prominently or in the same or larger size as the total price.
c. The price of a ticket sold through a website shall not increase during the purchase process, excluding reasonable fees for delivery of non-electronic tickets based on the delivery method selected by the purchaser prior to payment for the ticket.
d. Nothing in this section shall be construed to:
(1) nullify, expand, restrict, or otherwise amend P.L.1983, c.135 (C.56:8-26 et seq.) or regulations at N.J.A.C.13:45A-20.1A et seq.; and
(2) make lawful any fraudulent, deceptive, or illegal act or practice that is unlawful pursuant to P.L.1983, c.135 (C.56:8-26 et seq.) or regulations at N.J.A.C.13:45A-20.1A et seq.
3. (New section) Notwithstanding the ability of an individual to transfer a ticket to another party, it shall be unlawful for a person to resell or offer to resell any ticket or other evidence of right to entry to any place of entertainment if the ticket was initially offered to the public at no charge and access to tickets is not contingent upon providing any form of monetary consideration.
4. (New section) a. A ticket resale website shall post, in a clear and conspicuous manner:
(1) that the website is for the secondary sale of tickets;
(2) that the price of a ticket offered for sale may exceed the price set by the place of entertainment; and
(3) any refund policy of the ticket resale website that is in place with regards to the postponement or cancellation of an event.
b. A ticket resale website shall clearly and conspicuously disclose the price charged by the place of entertainment that is printed or endorsed on the face of each ticket prior to the purchaser completing any transaction.
c. A ticket resale website shall require a purchaser to confirm having read the notices required pursuant to paragraphs (1) through (3) in subsection a. of this section prior to completing a transaction.
5. (New section) a. A place of entertainment, or an agent, representative, employee or licensee thereof, shall not, if a price is charged for admission to the venue, exact, demand, accept, or receive, directly or indirectly, any premium or price in excess of the set price plus lawful taxes whether designated as price, gratuity, or otherwise, provided, however, nothing in this section shall be construed to prohibit:
(1) a reasonable service charge by the place of entertainment or an agent in charge of special services for the place of entertainment, including, but not limited to, sales away from the box office, credit card sales, or delivery; or
(2) a place of entertainment or its agent from offering initial sale tickets by means of an auction.
b. A reasonable and actual cost for the physical delivery of tickets may be charged by a seller or reseller based on the method of delivery selected by the buyer, provided, however, that no delivery fee shall be charged by a seller or reseller for tickets delivered electronically or tickets that may be printed independently by the buyer.
6. This act shall take effect on July 1, 2025.
STATEMENT
This bill revises current law addressing the selling and reselling of tickets to places of entertainment. Under the bill, additional disclosures are required of ticket brokers who operate a website to resell tickets. Brokers will be required to clearly and conspicuously provide notice: (1) that the website is for the secondary sale of tickets; (2) that the price of a ticket offered for sale may exceed the price set by the place of entertainment; and (3) of any refund policy of the ticket broker that is in place with regard to the postponement or cancellation of an event. The broker is to require a purchaser to confirm having read the information on these notices prior to completing a transaction. A ticket broker is to also clearly and conspicuously disclose the price charged by the place of entertainment that is printed or endorsed on the face of each ticket prior to the purchaser completing any transaction. The same disclosures and requirements of a ticket broker are also made applicable to ticket resale websites in the bill.
Additionally, the bill requires, as defined in current law, a person, reseller, ticket broker, ticket issuer, and ticket resale website to disclose the total cost of a ticket, including all ancillary fees, including any service charge, to be paid in order to complete the purchase of a ticket. This is to be disclosed in a clear and conspicuous manner, in dollars, to the ticket purchaser. If a ticket is sold through a website, the information required to be disclosed is to be displayed prior to the ticket being selected for purchase. The information disclosed is not to be false or misleading, and is not to be presented more prominently or in the same or larger size as the total price. Moreover, the price of a ticket sold through a website is not to increase during the purchase process, excluding reasonable fees for delivery of non-electronic tickets based on the delivery method selected by the purchaser prior to payment for the ticket.
Lastly, under the bill, if a price is charged for admission to a venue, a place of entertainment, or their agent, representative, employee or licensee, cannot, exact, demand, accept, or receive, directly or indirectly, any premium or price in excess of the set price plus lawful taxes whether designated as price, gratuity, or otherwise. However, nothing is to be construed to prohibit: (1) a reasonable service charge by the place of entertainment or an agent in charge of special services for the place of entertainment, including, but not limited to, sales away from the box office, credit card sales, or delivery; or (2) a place of entertainment or its agent from offering initial sale tickets by means of an auction. A reasonable and actual cost for the physical delivery of tickets may be charged by a seller or reseller based on the method of delivery selected by the buyer, provided, however, that no delivery fee shall be charged by a seller or reseller for tickets delivered electronically or tickets that may be printed independently by the buyer.
