Ticket sellers: proof of purchase., the official text

An act to add Chapter 21.2 (commencing with Section 22513) to Division 8 of the Business and Professions Code, relating to ticket sellers.

LEGISLATIVE COUNSEL'S DIGEST

Existing law regulates ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements.
This bill would require a ticket seller, upon selling a ticket to an entertainment event, as defined, to immediately deliver a proof of purchase to a consumer, and would require a venue operator to honor that proof of purchase in lieu of the ticket if specified conditions are met. The bill would impose a civil penalty of up to $2,500 for a violation of these requirements, as specified.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 21.2 (commencing with Section 22513) is added to Division 8 of the Business and Professions Code, to read:
21.2.
Fair Ticketing Practices Act22513.
For purposes of this chapter, the following definitions apply:
(a) “Consumer” means a natural person who purchases a ticket to an entertainment event with the purpose of attending that event.
(b) “Entertainment event” means a scheduled performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.
(c) “Entertainment venue” means a publicly or privately owned place that holds entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission. “Entertainment venue” does not include an amusement park or fairground unless the venue is hosting an event, concert, or music festival requiring a ticket, in addition to general admission to the park or fair, for entry.
(d) “Proof of purchase” means a receipt for the purchase of a ticket that is delivered electronically in a manner that allows it to be downloaded, copied, or saved in an electronic wallet and that contains a unique identifier linking it to the ticket purchased by the consumer.
(e) “Ticket seller” has the same meaning as that term is defined in Section 22503 and includes both the primary and secondary sale of tickets. “Ticket seller” includes a primary contractor, as defined in Section 22503.5, an agent of a ticket seller, and an online ticket selling marketplace where consumers are able to sell and purchase tickets for an entertainment event.
(f) “Venue operator” means any person who owns, operates, manages, or controls an entertainment venue.

22513.1.
(a) Immediately upon selling a ticket to an entertainment event, a ticket seller shall deliver a proof of purchase to the consumer.
(b) A venue operator shall honor a proof of purchase for entrance to an entertainment event in lieu of the ticket if all of the following conditions are met:
(1) The consumer cannot access the ticket they purchased.
(2) The proof of purchase provided is legitimate.
(3) The proof of purchase provided is linked to a ticket for the event.
(4) The ticket to which the proof of purchase is linked has not already been used to gain admission to the event.

22513.2.
A person who violates this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in an action brought in the name of the people of the State of California by the Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor. In addition, the court shall award a prevailing public prosecutor reasonable costs and attorney’s fees. For purposes of this section, each ticket sold without a proof of purchase or each proof of purchase not honored by a venue operator in violation of this section shall constitute a separate violation. The remedies provided by this section are in addition to the remedies or penalties available under all other laws of this state.