Sec. 5. Secondary ticket seller and secondary ticket sales marketplace requirements
601 words·~3 min read·
/bill/118/s/2957/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A secondary ticket seller or secondary ticket sales marketplace shall comply with the following requirements: If a secondary ticket seller does not control the ticket at the time the ticket is offered for sale— the secondary ticket seller shall provide a clear and conspicuous statement on the initial ticket listing that the secondary ticket seller does not control the ticket and cannot guarantee that the seller will be able to obtain the ticket; and the secondary ticket sales marketplace shall implement and maintain a mechanism on the platform of the marketplace to clearly and conspicuously display the statement required in subparagraph (A).
A secondary ticket sales marketplace shall provide a clear and conspicuous explanation of how to obtain a refund of the total cost of the ticket and any tax if the purchaser receives a ticket that does not match the description of the ticket provided by the secondary ticket seller. A secondary ticket sales marketplace shall disclose clearly and conspicuously to a purchaser when the secondary ticket sales marketplace is also the primary ticket seller for a venue, team, or artist associated with the event.
A secondary ticket sales marketplace shall disclose clearly and conspicuously upon offering a ticket for resale— the delivery method and the delivery timing; and the precise section and row of the seat or space to which the ticket would entitle the bearer, or, if information about the precise section and row of the seat or space is not available, descriptive information about the location of the seat or space, such as a description of a section or other area within the venue where the seat or space is located.
A secondary ticket sales marketplace— shall provide a clear and conspicuous statement, before a visitor creates an account with the secondary ticket sales marketplace or selects a ticket, that the marketplace is engaged in the secondary sale of tickets and is not affiliated or endorsed by a venue, team, or artist, as the case may be, unless the marketplace has the express written consent of the venue, team, or artist, as applicable; and shall not use a domain name, or any subdomain thereof, in the URL of the marketplace that contains— the name of a specific team, league, or venue where concerts, sports, or other live entertainment events are held, unless authorized by the owner of the name; the name of the exhibition or performance or of another event described in clause (i), including the name of a person, team, performance, group, or entity scheduled to perform at any such venue or event, unless authorized by the owner of the name; any trademark not owned by the secondary ticket sales marketplace, including any trademark owned by an authorized agent or partner of the venue or event identified in clauses
(i)and (ii); or any name substantially similar to those described in clauses
(i)and (ii), including any misspelling of any name described in those clauses. Shall not permit the unauthorized secondary sale of a ticket by an individual employee of any venue, primary ticket seller, team, artist, promoter, secondary ticket sales marketplace, or box office, that is directly involved in hosting, promoting, performing in, or selling tickets if such secondary sale— is for a higher total cost than the total cost in the primary sale of the ticket; or is made to any third party and the employee has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the third party intends to sell the ticket for a higher total cost than the total cost in the primary sale of the ticket.