Bill Text: NJ S376 | 2020-2021 | Regular Session | Amended

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Bill Title: "New Jersey Ticket Consumer Choice Act."

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-12-06 - Reported from Senate Committee with Amendments, 2nd Reading [S376 Detail]

Download: New_Jersey-2020-S376-Amended.html

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[First Reprint]

SENATE, No. 376

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 

 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  ROBERT W. SINGER

District 30 (Monmouth and Ocean)

 

Co-Sponsored by:

Senators Diegnan, Pennacchio and Schepisi

 

 

 

 

SYNOPSIS

     "New Jersey Ticket Consumer Choice Act."

 

CURRENT VERSION OF TEXT

     As reported by the Senate Commerce Committee on December 6, 2021, with amendments.

  

An Act concerning ticket sales ¹[and amending]¹ and supplementing P.L.1983, c.135 ¹(C.56:8-26 et seq.)¹.

 

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

 

     1.    This act shall be known and may be cited as the "New Jersey Ticket Consumer Choice Act."

 

     2.    As used in this act:

     "Issuer" means a person who makes tickets available, directly or indirectly, to an entertainment event, and who is the operator of a venue; the sponsor or promoter of an entertainment event; a sports team participating in an entertainment event or a league whose teams are participating in an entertainment event; a theater company, musical group or similar participant in an entertainment event; or the agent of any such person.

     "Non-transferable ticketing system" means a ticketing system that restricts, through contractual or technological means, the ability of a ticket purchaser to use, give away, or resell a ticket purchased through the system.

     "Status or affiliation" means any status or affiliation of an individual or group, and includes, but is not limited to, an individual or group characterized by a disability, or membership in a religious or civic organization.

     "Ticket platform" means a marketplace that enables consumers to purchase and sell tickets.

 

     3.    a.  Except as provided in subsection b. of this section, an issuer that employs a non-transferable ticketing system shall offer a purchaser an option at the time of initial sale to purchase the same ticket in a transferable form that allows the ticket to be given away or resold independent of and without requiring the consumer to log into the issuer's preferred ticket platform, without penalty or discrimination.

      b.   An issuer may offer tickets to an individual or group as part of a targeted promotion, discounted price, or private event offered based on status or affiliation, through a non-transferable ticketing system without offering an option to purchase tickets in a transferable form.  Any ticket issued through a non-transferable ticketing system pursuant to this subsection shall not be offered promotionally to the general public and shall be clearly marked as a ticket restricted to the specified individual or group.

     c.     An issuer may:

     (1)   maintain and enforce policies with respect to conduct, behavior, or age at the venue or entertainment event;

     (2)   establish limits on the quantity of tickets that may be purchased; and

     (3)   revoke or restrict season tickets for reasons related to violations of venue policy, including attempts by two or more individuals to gain admission to the same entertainment event using tickets purchased in a resale transaction, with each individual presenting copies of the same ticket, concerns regarding the protection or safety of individuals, and concerns regarding possible fraud or misconduct.

 

     4.    A ticket buyer or seller shall not be penalized, discriminated against, or denied access to an entertainment event solely because the ticket for the entertainment event was resold, or because the ticket was resold on a specific ticket platform.

 

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

     8.    a.  The seller of a ticket shall notify a ticket purchaser of the purchase price of a ticket prior to the purchase of that ticket from that ticket seller by that purchaser.

     b.    [No reseller other than a registered ticket broker shall resell or purchase with the intent to resell 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.]  (Deleted by amendment, P.L.    , c.   ) (pending before the Legislature as this bill.)

     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 reseller 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.)

(cf: P.L.2018, c.117, s.2)]¹

 

     ¹5.   The provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall not apply to issuers of tickets for an entertainment event held in a venue owned or operated by an entity which is subject to a hotel and motel occupancy fee pursuant to section 1 of P.L.2003, c.114 (C.54:32D-1) and located in a city the governing body of which has levied a retail sales tax pursuant to the provisions of section 1 of P.L.1947, c.71 (C.40:48-8.15).¹

 

     6.    This act shall take effect immediately.