Sec. 2. Definitions
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/bill/118/s/3457/is/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term affirmative express consent means an affirmative act by a person that clearly communicates that person's freely given, specific, and unambiguous authorization. The term ancillary fee means any additional charge added to the face value of an event ticket, excluding taxes. The term artist means any performer, musician, comedian, producer, ensemble, or production entity of a theatrical production, sports team owner, or similar individual or entity that contracts with an event organizer to put on an event.
The term clearly and conspicuously means, with respect to a disclosure, that the disclosure is displayed in a manner that is difficult to miss and easily understandable, including in the following ways: In the case of a visual disclosure, its size, contrast, location, the length of time it appears, and other characteristics, stand out from any accompanying text or other visual elements so that it is easily noticed, read, and understood. The disclosure must be unavoidable. The disclosure must use diction and syntax understandable to ordinary consumers and must appear in each language in which the representation that requires the disclosure appears.
The disclosure must not be contradicted or mitigated by, or inconsistent with, anything else in the communication. The term Commission means the Federal Trade Commission. The term event means a live activity described in subparagraph (B)— that is taking place in a venue; that is open to the general public; and that is promoted, advertised, or marketed in interstate commerce; or for which event tickets are sold or distributed in interstate commerce. The activities described in this subparagraph are any— live concert, theatrical performance; sporting event; comedy show; or similarly scheduled activity taking place in a venue.
Such term shall not include a live activity described in subparagraph
(B)that is— put on by a religious organization for non-commercial purposes; put on by a K–12 school; or a non-sports-related event put on by a postsecondary school or not-for-profit entity in which the artists are primarily students. The term event organizer means, with respect to an event, the person (such as the operator of a venue, the sponsor or promoter of an event, a sports team participating in an event or a league whose teams are participating in an event, a theater company, musical group, or similar participant in an event, or an agent for any such person) that— is primarily responsible for the financial risk associated with the event; makes event tickets initially available, including by contracting with a primary seller; and is responsible for organizing, promoting, producing, or presenting an event; or in the case of an event for which tickets are sold, holds the rights to present the event. The term event ticket means any manifested physical, electronic, or other form of a certificate, document, voucher, token, or other evidence indicating that a person has— a license to enter an event venue or occupy a particular seat or area in an event venue with respect to one or more events; or an entitlement to purchase such a license with respect to one or more future events. The term face value means, with respect to an event ticket, the initial or acquisition price for the primary sale of the event ticket, exclusive of any taxes or ancillary fees. The term fan club program means a membership-based program, primarily established by venues, artists, or performers to offer pre-sale opportunities offered before public on-sale of tickets. The term primary sale means, with respect to a particular event ticket, the initial sale of that event ticket by or on behalf of the event organizer, or the sale of an event ticket that was returned to the primary seller or event organizer after its initial sale and is sold by or on behalf of the event organizer under the same terms as such initial sale. The term primary seller means, with respect to an event ticket, any person who has the right to sell the event ticket prior to or at the primary sale of the ticket, including the event organizer, or any person that provides services to conduct or facilitate the primary sale of event tickets by or on behalf of the event organizer. The term reseller means a person who sells or offers for sale, other than through a primary sale, an event ticket. That a reseller is also an event organizer or a primary seller does not exempt the reseller from this definition. The term secondary sale means any sale of an event ticket other than the primary sale of the event ticket, and does not include the sale of a ticket returned to a primary seller. The term secondary ticketing exchange means any website, software application, or other digital platform that facilitates or executes the secondary sale of an event ticket. That a secondary ticketing exchange is also an event organizer or a primary seller does not exempt the secondary ticketing exchange from this definition. The term seller means any primary seller, secondary ticketing exchange, reseller, or any person that sells or makes available for sale an event ticket to the public. The term total event ticket price means, with respect to an event ticket, the total cost of the event ticket, including the face value price and any ancillary fees but excluding taxes. The term URL means the Uniform Resource Locator associated with an internet website. The term venue means a physical space at which an event takes place.