Secondary Ticket Marketplace Guide to US Ticket Resale Regulations

Secondary Ticket

Marketplace

Guide to US Ticket

Resale Regulations

Third Edition

January 2020

Table of Contents

Introduction ...................................................................................................................1

Explanatory Note

...........................................................................................................1

Alabama

.........................................................................................................................2

City of Auburn, Alabama

............................................................................................2

City of Tuscaloosa, Alabama

......................................................................................2

Arizona

...........................................................................................................................2

City of Glendale, Arizona

............................................................................................2

City of Scottsdale, Arizona

.........................................................................................3

Salt River Pima-Maricopa Indian Community, Arizona

..............................................3

Arkansas

........................................................................................................................3

California

........................................................................................................................4

City of Long Beach, California

....................................................................................4

Colorado

........................................................................................................................4

City of Denver, Colorado

............................................................................................5

Connecticut

...................................................................................................................5

City of Hartford, Connecticut

.....................................................................................6

Delaware

.......................................................................................................................6

City of Newark, Delaware

..........................................................................................6

Florida

............................................................................................................................6

Georgia

..........................................................................................................................7

Cobb County, Georgia

................................................................................................8

City of Albany, Georgia

...............................................................................................8

City of Atlanta, Georgia

..............................................................................................8

City of Savannah, Georgia

..........................................................................................9

Hawaii

............................................................................................................................9

Illinois

.............................................................................................................................9

Cook County, Illinois

................................................................................................. 11

City of Lynwood, Illinois

...........................................................................................12

Indiana

.........................................................................................................................12

Consolidated City and County of Indianapolis-Marion, Indiana

................................12

City of South Bend, Indiana

...................................................................................... 12

Town of Speedway, Indiana

.....................................................................................12

Kansas

.........................................................................................................................13

Wyandotte County, Kansas

......................................................................................13

City of Topeka, Kansas

.............................................................................................13

City of Wichita, Kansas

............................................................................................13

Kentucky

...................................................................................................................... 13

Louisiana

......................................................................................................................13

Bossier City, Louisiana

.............................................................................................13

City of New Orleans, Louisiana

................................................................................14

Maryland

......................................................................................................................14

Massachusetts

............................................................................................................14

Michigan

......................................................................................................................14

Minnesota

....................................................................................................................15

Mississippi

................................................................................................................... 15

Missouri

....................................................................................................................... 15

County of St. Louis, Missouri

...................................................................................15

Kansas City, Missouri

...............................................................................................15

City of St. Louis, Missouri

........................................................................................15

Table of Contents

Nebraska......................................................................................................................16

City of Omaha, Nebraska

.........................................................................................16

Nevada.........................................................................................................................16

Clark County, Nevada

...............................................................................................17

City of Las Vegas, Nevada

........................................................................................17

New Hampshire

...........................................................................................................17

New Jersey

.................................................................................................................18

New Mexico

................................................................................................................19

New York

.....................................................................................................................20

Westchester County, New York

...............................................................................22

City of Syracuse, New York

......................................................................................22

North Carolina

..............................................................................................................23

North Dakota

...............................................................................................................23

Ohio

.............................................................................................................................23

City of Cincinnati, Ohio

.............................................................................................23

Oregon.........................................................................................................................24

Pennsylvania

................................................................................................................24

Puerto Rico

..................................................................................................................25

Rhode Island

................................................................................................................25

South Carolina

.............................................................................................................25

South Dakota

...............................................................................................................25

City of Sioux Falls, South Dakota

.............................................................................25

Tennessee

...................................................................................................................26

Texas

...........................................................................................................................27

City of Allen, Texas

...................................................................................................27

City of Bedford, Texas

..............................................................................................27

City of Frisco, Texas

.................................................................................................27

City of Helotes, Texas

...............................................................................................27

City of Princeton, Texas

............................................................................................27

Utah

.............................................................................................................................28

Vermont

.......................................................................................................................28

Virginia

.........................................................................................................................29

Hanover County, Virginia

..........................................................................................29

Henrico County, Virginia

...........................................................................................29

Henry County, Virginia

..............................................................................................29

City of Hampton, Virginia

..........................................................................................29

City of Manassas, Virginia

....................................................................................... 30

City of Richmond, Virginia

....................................................................................... 30

Town of Vinton, Virginia

........................................................................................... 30

City of Virginia Beach, Virginia

................................................................................. 30

Washington

................................................................................................................ 30

West Virginia

.............................................................................................................. 30

City of Charleston, West Virginia

............................................................................. 30

Wisconsin

................................................................................................................... 30

Table of Contents

Introduction

The secondary ticket marketplace is a resale marketplace between

ticket purchasers and ticket resellers who have purchased tickets for

admission to events that were originally sold or issued by the sponsors

or promoters of the events. What was once a small oine industry of

ticket resellers, or “scalpers,” as they commonly are known, has grown

into a multibillion-dollar online industry.

Growth in the ticket resale industry and public outcry against ticket scalping continues to

attract the attention of US regulators at the federal, state and local levels. The number

of state and local jurisdictions that regulate ticket resales continues to grow and there

currently is legislation pending in several jurisdictions. While some common themes have

developed in the regulations in recent years (such as refund requirements, prohibition on

the use of deceptive domain names and prohibition on the use of software to circumvent

website security measures or ticket volume limitations), there is signiﬁcant variation in the

regulatory scheme from jurisdiction to jurisdiction.

In 2019, the Federal Trade Commission focused attention on the ticketing industry. It held a

workshop to examine consumer protection issues in the online event ticketing marketplace.

This day-long workshop brought together a diverse group of panelists representing a broad

array of industry participants and regulators to discuss topics such as the limited eect of

the Better Online Ticket Sales Act (BOTS Act), limits on ticket availability and the adequacy

of ticket price and fee disclosures. In her opening remarks, Commissioner Slaughter signaled

that the federal government may explore a law enforcement or regulatory solution if the

ticketing industry does not address consumer frustration with deceptive ticket pricing.

This Secondary Ticket Marketplace, Guide to US Ticket Resale Regulations (Guide)

summarizes the various US state and local legal requirements with respect to the resale of

tickets in eect as of August 1, 2019.

Laura D. Nemeth

Partner

T +1 216 479 8552

E [email protected]

Laura Nemeth is a Corporate Practice partner with more than a decade of experience in

the ticketing industry. She counsels clients regarding commercial contracts, licensing and

technology agreements, website terms of use and privacy policies, M&A transactions and

other related matters.

Explanatory Note

This Guide is a summary and should

not be considered a deﬁnitive

explanation of the applicable laws

addressing ticket resales. This

Guide is limited to a discussion of

the primary US state and local laws

speciﬁcally governing the resale of

tickets for admission to events and

it does not address laws of general

application to ticket resales, such as

consumer protection laws or laws

prohibiting in-person peddling and

solicitation of goods and services.

This Guide is not a legal opinion

upon which you should rely in taking

speciﬁc action.

The purpose of this Guide is to

provide simpliﬁed information and

to inform you generally about the

varying legal requirements pertaining

to the resale of tickets. As such, this

Guide contains general outlines and

summaries. For an understanding of

the details and nuances of the laws

discussed and their application to

speciﬁc facts and circumstances, we

encourage you to consult with us.

Table of Contents

Alabama

Permitted Resales: An admission ticket that was originally issued,

sold or authorized by the organizer or venue to any event may be

resold for an amount in excess of the price printed on the face of the

ticket. (Code of Ala. § 8-19E-2)

License Fee: To oer or sell a ticket above face value, a reseller

must pay a $100 license fee. (Code of Ala. § 40-12-167)

Internet Exception: Internet and other electronic resales of

tickets are exempt from the license requirement of Section 40-12-

167. (Code of Ala. § 8-19E-4)

Ticket Print Requirements: The price paid for a ticket, excluding

order processing and delivery charges, must be printed on the face

of the ticket. (Code of Ala. § 8-19E-1)

Applicable Statutes: Code of Ala. §§ 40-12-167; 8-19E-2; 8-19E-3;

and 8-19E-4.

City of Auburn, Alabama

Ticket Scalping: Ticket scalping means the act of oering for

sale or selling admission tickets to events such as athletic events,

concerts, movies, and other events or entertainment as itinerant,

roving or transient vendors in public or private locations that have

been previously sold or issued. This does not include the occasional

sale of tickets purchased for personal use, not for the purpose of

reselling tickets.

Registration Requirement: Each person in the business of

scalping admission tickets that have been previously sold or issued

must apply with the City of Auburn’s Revenue Oce prior to making

any such resale at a cost of $155. Each person scalping tickets must

have a city-issued scalping permit and picture identiﬁcation (driver’s

license or state-issued identiﬁcation card) in their actual possession

while reselling.

Applicable Statutes: Auburn, Alabama Code of Ordinances §§

16-51 and 16-52.

City of Tuscaloosa, Alabama

Permit Requirements: Those in the business of reselling

admission tickets to events such as sporting events, concerts,

movies, and other events and/or entertainment are required to wear

a city-issued and -provided identiﬁcation permit.

Business License Requirement: Ticket resellers must have, while

buying and/or reselling tickets, a city-issued business license and

picture identiﬁcation in their possession.

Applicable Ordinance: Tuscaloosa, Alabama Code of Ordinances

§ 7-19.

Arizona

Restrictions on Ticket Resales: It is unlawful to oer or sell a

ticket to an event:

• That was purchased for the purpose of resale

• For a price in excess of the price printed on the ticket, plus lawful

taxes and any other charge or assessment which is required to be

paid in order to purchase the ticket from the original vendor and

• While within 200 feet of the entry to the venue or the entry to a

contiguous parking area (A.R.S. § 13-3718.A.)

Changing the Printed Ticket Price: It is unlawful to change the

price printed on the face of the ticket without the written permission

of the original ticket vendor. (A.R.S. § 13-3718.B.)

Applicable Statute: A.R.S. § 13-3718.

City of Glendale, Arizona

Resale Restrictions: It shall be unlawful for any person to sell,

resell, expose for sale or resale, or oer to or attempt to either sell

or resell any ticket of admission or other evidence of right of entry

to any revenue or non-revenue producing sports, entertainment,

cultural or civic event or any other activity (including related event

set-up and take-down) held at the Glendale Arena or the Arizona

Tourism and Sports Authority Multi-Purpose Facility.

Resale Restriction Exceptions: The resale restrictions do not

include or apply to the:

• Sale of such tickets at or from any ticket oce, booth or

other similar place regularly and permanently established

and maintained therefor with the express permission and

authorization of the person or governmental agency in charge,

care or control of the property on or at which such oce, booth or

place is located

• Ticket resale area of the Glendale Arena, which is a posted and

identiﬁed area adjacent to or on the Glendale Arena grounds, at

which tickets may be bought and sold without violating the resale

restrictions described above or

• Ticket resale areas of the Arizona Tourism and Sports Authority

Multi-Purpose Facility, that are posted and identiﬁed areas

adjacent to or on the Facility grounds, at which tickets may be

bought and sold without violating the resale restrictions described

above

Applicable Ordinance: Glendale, Arizona Code of Ordinances §

26-65.

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City of Scottsdale, Arizona

Price Cap and Geographic Restriction: No person shall,

without the written permission of the city manager, or the operator

or manager of any city property upon which an educational

entertainment or sporting event is to be held or is being held, sell a

ticket of admission to such event at any price in excess of the price

that is printed or endorsed upon the ticket, at any location that is in,

on or within ﬁve hundred (500) yards of the premises on which the

event is to be or is being held.

Applicable Statute: Scottsdale, Arizona Code of Ordinances §19-17.

Salt River Pima-Maricopa Indian

Community, Arizona

Resale Restrictions: It is unlawful for any person or entity to resell

or attempt to resell a ticket for admission to public events held at

Salt River Fields at Talking Stick, including spring training baseball

games, on land within the exterior boundaries of the Community.

Applicable Ordinance: Salt River Pima-Maricopa Indian

Community, Arizona Code of Ordinances § 5.5-2.

Arkansas

Price Cap: It is unlawful to resell or oer for resale a ticket to an

event for a price higher than the greater of either:

• The price originally charged for the ticket by the venue, the event

host or the venue’s authorized agent, plus a reasonable charge for

handling or credit card use or

• The price printed on the ticket (A.C.A. § 5-63-201(a)(1))

Exception to Price Cap: The price cap does not apply to

institutions of higher education that receive funds per ticket

above the face value of the ticket. (A.C.A. § 5-63-201(a)(2))

Internet Sale and Resale Timing Restrictions: Until tickets have

been “placed on sale” by the venue or event host or its authorized

agent:

• Tickets may not be oered for sale over the internet (A.C.A. §

4-70-103(a)) and

• Websites may not permit resales or oers to resell tickets (A.C.A.

§ 4-70-103(b))

Sports Exception to Internet Resale Restrictions: Tickets

to sporting or athletic events may be oered for sale and resale

over the internet before the tickets have been placed on sale

by the venue or the event host or its authorized agent. (A.C.A. §

4-70-103(c))

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Placed on Sale: Means the date and time when tickets are made

available for sale to the general public (which expressly includes

on-sales to fan clubs and businesses and to persons for promotional

activities). (A.C.A. § 4-70-103(d))

Case Note: Ticketing agents are not exempt from the price cap

contained in A.C.A. § 5-63-201(a)(1), which has been interpreted

to include exclusive ticket sales agents of the event operator. In

ﬁnding that an exclusive ticketing agent for an event operator was

“selling tickets,” the agent was not allowed to add in excess of $10

of service charges in connection with ticket sales. McMillan v. Live

Nation Entm’t, Inc., 2012 Ark. 166, 401 S.W.3d 473.

Applicable Statutes: A.C.A. §§ 4-70-103 and 5-63-201.

California

Resale Restrictions: It is unlawful to resell a ticket to an

entertainment event:

• Without the written permission of the owner or operator of

the venue

• At any price more than the price that is printed or endorsed on

the ticket

• While on the grounds of the venue and

• If the ticket was obtained for the

purpose of resale

Applicable Statute: Cal. Penal Code

§ 346.

City of Long Beach, California

Resale Restrictions: No person in or upon any public street,

sidewalk, park or other public place shall sell or resell or oer to sell

or resell any ticket of admission to a place of public assemblage. No

person in or upon any place which is open to the public shall sell or

resell or oer to sell or resell any ticket of admission to a place of

public assemblage.

Applicable Ordinance: Long Beach, California Municipal Code

§14.40.020.

Colorado

Resale Refund Requirements: Resellers must guarantee a full

refund to a purchaser if:

• The event for which the ticket was resold is cancelled

• The ticket does not or would not in fact grant the purchaser

admission to the event for which the ticket was resold

• The ticket is counterfeit or

• The ticket fails to conform to its description as advertised or as

represented by the reseller to the purchaser (C.R.S. § 6-1-718(2))

Prohibited Resale Restrictions:

• It is void as against public policy to include any condition to the

original sale of a ticket that limits the terms and conditions of

resale of the ticket, including conditions that:

– Restrict resale in a subscription or season ticket package

– Require retention of a ticket for the duration of a subscription

or season ticket package, if the conditions limit the rights of the

purchaser to resell the ticket or

– Sanction the purchaser for not purchasing through an approved

reseller (C.R.S. § 6-1-718(3)(a))

• No one shall deny access to a ticketholder who holds a valid

ticket based solely because the ticketholder bought the ticket

from a reseller who was not approved by the venue owner or

operator or event promoter (C.R.S. § 6-1-718(4))

Permissible Conduct: Notwithstanding the prohibitions on resale

restrictions:

• With respect to season ticket packages, a venue owner

or operator or event promoter may prohibit the resale of a

contractual right that gives an original season ticket purchaser

a priority or other preference to purchase a future season ticket

package (C.R.S. § 6-1-718(3)(b))

• A venue owner or operator may maintain and enforce conduct

and behavior policies at or in connection with the venue (C.R.S. §

6-1-718(5))

• A venue owner or operator or event promoter may revoke or

restrict season tickets due to violations of venue policies and as

necessary for the protection of patron safety or to address fraud

or misconduct (C.R.S. § 6-1-718(5))

PENDING

LEGISLATION ALERT:

CA S.B. 342 (2019)

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Online Restrictions: A person engages in a deceptive trade

practice when, in the course of the person’s business, vocation or

occupation, such person:

• Uses or causes to be used a software application that runs

automated tasks over the internet to access a computer, computer

network or computer system, or any part thereof, for the purpose

of purchasing tickets in excess of authorized limits for an online

event ticket sale with the intent to resell such tickets or

• Uses or causes to be used a software application that runs

automated tasks over the internet that circumvents or disables

any electronic queues, waiting periods or other sales volume

limitation systems associated with an online event ticket sale

(C.R.S. §6-1-720)

Reseller: Means a person or entity that resells or oers for resale

after the original sale. Reseller also includes an entity that operates

a platform or exchange for the purchase and sale of tickets and

that also engages in the purchase and resale of the ticket either

on behalf of the operator or on the reseller’s own behalf. In other

words, a reseller who is not an owner of record of the tickets sold

through its platform is subject to the Colorado regulations. (C.R.S. §

6-1-718(1)(f))

Applicable Statutes: C.R.S. §§ 6-1-718, 6-1-720.

City of Denver, Colorado

Price Caps:

• It is unlawful to sell or oer to sell a ticket at a premium, or at

a price higher than that printed on the ticket, by the payment of

a fee or charge therefor (Denver, Colorado Code of Ordinances §

7-294(a))

• It is unlawful to sell, oer to sell or consent to sell a ticket, at

a price greater than that printed on the ticket, to any broker,

speculator or other person who regularly, occasionally or

incidentally is engaged in the business of selling tickets (Denver,

Colorado Code of Ordinances § 7-294(b))

• It is unlawful, directly or indirectly, to purchase tickets for resale

at a price higher than that printed on the ticket (Denver, Colorado

Code of Ordinances § 7-294(b))

Internet Exclusion: The price caps do not apply to tickets

purchased over the internet. (Denver, Colorado Code of

Ordinances § 7-294(c))

Note: Provisions of the Denver, Colorado Code of Ordinances are to

be liberally construed. (Denver, Colorado Code of Ordinances § 1-3)

Applicable Ordinances: Denver, Colorado Code of Ordinances §§

1-3; 7-293; and 7-294.

Connecticut

Resale Restriction: It is unlawful to resell, oer to resell or solicit

the resale of a ticket:

• On the day of the event

• Within 1,500 feet of the venue and

• If such resale is not authorized in writing by the owner or operator

of the venue or its authorized agent (Conn. Gen. Stat. § 53-

289c(a))

Exclusions: The resale restriction does not apply to:

• A ticket reseller who resells a ticket for not greater than the

price printed on the ticket or

• A ticket reseller who maintains a permanent oce within 1,500

feet of the venue, provided such reseller sells, oers to resell or

solicits the resale of a ticket only within the premises of such

oce, in person or by mail, telephone or the internet (Conn.

Gen. Stat. § 53-289c(b))

Refund Requirements:

• A ticket reseller must refund the full amount paid by the purchaser

for the ticket, including all service fees and delivery charges, if:

– The event is cancelled

– The ticket does not grant the purchaser admission to the event or

– The ticket fails to conform to its description as advertised by

the ticket reseller (Conn. Gen. Stat. § 53-289b(a))

• A ticket reseller must provide to the purchaser of the ticket

the reseller’s name, address and telephone number or other

information necessary to allow such purchaser to contact such

reseller to obtain a refund of the ticket price, if necessary (Conn.

Gen. Stat. § 53-289b(b))

Advertising Requirements: Any advertisement for the resale of

tickets must conspicuously disclose the total price for each ticket

and the portion of the ticket price that represents a service charge.

(Conn. Gen. Stat. § 53-289a)

Prohibited Resale Restrictions: No person shall employ an

entertainment event ticketing sales system that fails to give

the purchaser an option to purchase tickets that the purchaser

may transfer to any party, at any price and at any time, without

additional fees and without the consent of the person employing

such ticketing system. However, a person may employ a paperless

ticketing system that does not allow for independent transferability

of tickets, provided the purchaser of such tickets is oered the

option, at the time of initial sale, to purchase the same tickets in

another form that is transferrable, independent of such a ticketing

sales system, including, but not limited to, paper tickets or e-tickets

and without additional fees, regardless of the form or transferability

of such tickets. (Conn. Gen. Stat. § 53-289d)

Applicable Statutes: Conn. Gen. Stat. § 53-289a-d.

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City of Hartford, Connecticut

Price Restrictions: No person shall sell, oer for sale or

attempt to sell any ticket, privilege or license of admission to an

entertainment event, including, but not limited to, any place of

amusement, arena, stadium, theater, performance, sport, exhibition

or athletic contest given in this state, at a price greater than the

price, including tax, printed thereon, or at a price greater than the

price ﬁxed for admission, including tax, and a reasonable service

charge for services actually rendered not to exceed three dollars

($3.00). The owner or operator of the property on which such

entertainment event is to be held or is being held may authorize,

in writing, any person to sell such ticket, privilege or license of

admission at a price in excess of that authorized under this section.

Applicable Ordinance: Hartford, Connecticut Code of Ordinances

§ 5-11.

Delaware

Price Cap: It is unlawful to sell, resell or exchange any ticket to an

event, at a price higher than the original price, on the day before or

on the day of an event:

• At the Bob Carpenter Sports/Convocation Center on the South

Campus of the University of Delaware

• For a NASCAR Race held at Dover Downs or

• On any state or federal highway artery within Delaware

Applicable Statute: 11 Del. C. § 918.

City of Newark, Delaware

Resale Price Restrictions: No person shall resell any ticket to any

event or exhibit at a price higher than the original price on the day

preceding or on the day of an event within the city limits.

Applicable Ordinance: Newark, Delaware Code of Ordinances §

22-61.1.

Florida

Price Cap: It is unlawful to charge more than $1 above the original

price for:

• Multi-day or multi-event tickets to park or entertainment

complexes or events in such parks or complexes (Fla. Stat. §

817.36(1)(b))

• Tickets issued originally by tax-exempt charitable organizations

for events to which not more than 3,000 tickets are issued and on

which tickets the organization has included a prescribed legend

prohibiting resales for more than $1 over the original price (Fla.

Stat. § 817.36(1)(c))

• Tickets resold or oered through any website, unless either:

– The website is authorized by the original ticket seller or

– The website, through its website pages that have been directed

at the purchaser in advance of the completion of the sale

transaction:

- Discloses that the website operator is not the issuer, original

seller or reseller of the ticket and that it does not control the

pricing of the ticket, which may be resold for more than the

original value and

- Guarantees a full refund of the amounts paid for the ticket

(including service, handling and processing fees) if:

· The event is cancelled

· The purchaser is denied admission to the event other than

due to acts of the purchaser or

· The ticket is not delivered to the purchaser in the manner

requested and, as a result, the purchaser is unable to

attend the event (Fla. Stat. § 817.36(1)(d))

Quantity Restrictions: It is unlawful to knowingly purchase, with

intent to resell, a quantity of tickets from the original ticket seller

that exceeds the limit posted by such seller at the point of sale or

printed on the tickets. “Original ticket seller” means not only the

ticket issuer, but also the entity that provides ticket distribution

services under contract with the ticket issuer. (Fla. Stat. § 817.357)

Prohibited Software: It is unlawful to intentionally use or sell

software to circumvent on a ticketing website a security measure,

an access control system or any other control or measure that is

used to ensure an equitable ticket-buying process. “Software”

means computer programs that are primarily designed or produced

for the purpose of interfering with the operation of an internet-

ticketing platform. (Fla. Stat. § 817.36(5) and (6))

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Multi-use Ticket: A multi-use ticket may not be transferred unless

either it is printed on the ticket that it may be used by more than

one person or the issuer’s website states the same. A multi-use

ticket provides admission to more than one venue or for more than

one day or more than once in the same day to one or more venues.

(Fla. Stat. § 817.361)

Sales Tax:

• Any sales tax due for resales of tickets must be remitted to the

Department of Revenue in accordance with Florida Statutes

§ 212.04. (Fla. Stat. § 817.36(3)) Such section provides that a

6% sales tax shall be levied on the actual value received from

admissions tickets. The tax must be added to and collected from

the purchaser. Resellers also must charge and collect sales tax

on the full resale price, if it is more than the price the reseller

paid to purchase the ticket. If the resale is for less than the

reseller paid, then no sales tax must be charged or collected.

Certain admissions are exempt from sales tax, including, without

limitation, admissions to certain professional sports events and

NCAA-sanctioned, post-season collegiate events (Fla. Stat. §

212.04)

• Resellers who resell to tax-exempt organizations for reasons

other than sale for resale may apply for a refund or credit of the

tax the reseller paid on its purchase (Fla. Stat. § 212.04(1)(c)(2))

Ticket Print Requirement: The price of the admission (excluding

service fees) must be printed on the ticket. (Fla. Stat. § 212.04)

Applicable Statutes: Fla. Stat. §§ 817.36; 817.357; 817.361; and

212.04.

Georgia

Price Cap: It is unlawful for any person other than a ticket

broker to resell or oer for resale tickets to an event to which the

general public is admitted for a price more than the face value of

the ticket. (O.C.G.A. § 43-4B-25(a))

Exclusion: Nothing in the Georgia resale law criminally prohibits

an original purchaser who purchased tickets to an event for

personal use from reselling such ticket for any price, provided

they do not sell the ticket within 2,700 feet of the venue, if the

venue has a seating or admission capacity of 15,000 persons or

more. (O.C.G.A. § 43-4B-29(a))

Face Value: Means the dollar value of a ticket or, for

complimentary tickets, what would have been required to pay to

purchase a ticket. A complimentary ticket shall not have a face value

of $0 or less than that of the least expensive ticket available for

sale to the general public. Face value includes any charges or fees,

such as dinner, gratuity, parking, surcharges or any other charges

or fees that are charged to and must be paid by the purchaser in

order to view the event, but face value excludes taxes. (O.C.G.A. §

43-4B-1(6))

Service Charges:

• A service charge not to exceed $3 may be charged when

tickets are sold by an authorized ticket agent through places of

established business, if the agent is licensed to do business by

the municipality or county in which such places of business are

located (O.C.G.A. § 43-4B-25(a))

• The owner, operator or tenant of a venue or the sponsor of the

event may authorize in writing any person to charge a service

charge in addition to the face value of the ticket. Such writing

must specify the amount of the authorized service charge

(O.C.G.A. § 43-4B-25(a))

Ticket broker: A ticket broker is:

• Any person who is involved in the business of reselling tickets

to events held in Georgia to which the general public is admitted

and who charges more than the face value of the ticket (O.C.G.A.

§ 43-4B-1(19)(A)) or

• Any person who has a permanent oce or place of business in

Georgia and who is involved in the business of reselling tickets

to events held inside or outside of Georgia to which the general

public is admitted and who charges more than the face value of

the ticket (O.C.G.A. § 43-4B-1(19)(B))

Exclusion: Owners, operators or tenants of the venue in which

an event is being held or the sponsor of an event or the authorized

ticket agent of such persons are not deemed to be ticket brokers.

(O.C.G.A. § 43-4B-1(19)(B))

Broker Business Requirements: Ticket brokers must:

• Maintain a permanent oce or place of business in Georgia,

excluding a post oce box, for the purpose of engaging in the

business of a ticket broker

• Apply for a ticket broker’s license, pay an annual license fee of

$500 and renew the license annually

• Pay any local tax required by a local government and

• Register for sales and use tax purposes (O.C.G.A. § 43-4B-26)

Broker Ticketing Requirements:

• Required Disclosures: Ticket brokers must:

– Post at their established place of businesses the terms of the

purchaser’s right to cancel the purchase of a ticket (O.C.G.A. §

43-4B-28(a)(1))

– Disclose to the purchaser the event cancellation refund policy

(O.C.G.A. § 43-4B-28(a)(2)) and

– Disclose to the purchaser the dierence between the face value

of the ticket and the amount that the ticket broker is charging

(O.C.G.A. § 43-4B-28(a)(3))

•

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• Geographic Restrictions:

– A ticket broker may only sell tickets at its permanent

oce, place of business or through the internet (O.C.G.A. §

43-4B-28(a))

– It is unlawful for a ticket broker to resell or oer for resale

tickets within 1,500 feet of any venue with a seating or

admissions capacity of fewer than 15,000 persons (O.C.G.A. §

43-4B-28(c))

– It is unlawful for a ticket broker to resell or oer for resale

tickets within 2,700 feet of any venue with a seating or

admissions capacity of 15,000 or more persons (O.C.G.A. §

43-4B-28(c))

• Prohibition on Purchasing Agents: Ticket brokers shall not

employ any agent or employee for the purpose of making future

purchases of tickets from the owner, operator or tenant of the

venue (O.C.G.A. § 43-4B-28(b))

• Ticket Quantity Limitation: Ticket brokers may not acquire and

resell more than 1% of the total tickets allocated for an event

(O.C.G.A. § 43-4B-28(b))

• Advertising Requirements: Ticket brokers must include their

broker’s license number in any printed, broadcast or internet

advertising for the sale of tickets (O.C.G.A. § 43-4B-28(d))

• Refund Requirements:

– If a ticket broker guarantees in writing delivery of a ticket and

fails to complete such delivery, the broker must provide, within

15 days, a full refund plus a refund fee in the amount of three

times the amount paid by the purchaser for the ticket (O.C.G.A.

§ 43-4B-28(b))

– Unless otherwise agreed in writing between a ticket broker and

the ticket purchaser, a ticket broker must refund any payment

received by the broker from the purchaser if the purchaser

requests a cancellation within 36 hours after the purchase

transaction and if the return is made more than 72 hours before

the event (O.C.G.A. § 43-4B-28(b))

– Ticket brokers must refund any payment received for the

purchase of the ticket if the event is cancelled and not

rescheduled (O.C.G.A. § 43-4B-28(b))

Exclusions:

• Charitable organizations are not subject to requirements of this

Georgia law when oering tickets for sale in a rae, auction or

similar fundraising activity for the beneﬁt of the organization’s

charitable purposes (O.C.G.A. § 43-4B-29(b))

– For such events, the event sponsor may contractually limit the

resale of the ticket by placing a restriction on the back of the

ticket (O.C.G.A. § 43-4B-25(b))

• An owner, operator or tenant of a venue may contractually restrict

the resale of the right to occupy a suite, seat or seating area by

giving written notice of such restriction (O.C.G.A. § 43-4B-25(b))

Venue Resale Restriction Right: An operator, owner, lessee or

tenant of a venue may contractually restrict the resale of the right

to occupancy of any suite, seat or seating area by giving notice in

writing of such restriction. A sponsor of a contest or event may

contractually restrict the resale of a ticket to the contest or event by

giving notice of such restriction on the back of the ticket. (O.C.G.A. §

43-4B-25(b))

Local Regulation Authorized: Counties and municipalities may

enact ordinances in certain instances that are more restrictive than

the Georgia state law provisions. (O.C.G.A. § 43-4B-30)

Applicable Statutes: O.C.G.A. §§ 43-4B-1; 43-4B-25; 43-4B-26;

43-4B-28; 43-4B-29; and 43-4B-30.

Cobb County, Georgia

Geographic Resale Restrictions: It is unlawful in Cobb County,

Georgia:

• To resell, repurchase or oer for resale tickets within 2,700 feet of

a venue that admits more than 15,000 persons to any single event

• To resell, repurchase or oer for resale tickets within 1,500 feet

of a venue that admits fewer than 15,000 persons to any single

event and

• For any person other than (1) the original purchaser who purchased

the ticket for personal use or (2) a licensed ticket broker in a

permanent oce or place of business that has a county-issued

certiﬁcate of occupancy, to resell, repurchase or oer for resale

any ticket outside of the 2,700-foot or 1,500-foot restrictions (Cobb

County, Georgia Code of Ordinances §78-551a-d)

Applicable Ordinance: Cobb County, Georgia Code of Ordinances

§78-551.

City of Albany, Georgia

Resale Restrictions: It shall be unlawful for any person to sell or

oer for sale any ticket of admission or other evidence of the right

of entry to any event at the civic center for a price in excess of the

price printed on the ticket.

Applicable Ordinance: Albany, Georgia Code of Ordinances §

38-126.

City of Atlanta, Georgia

Resale Restrictions: It shall be unlawful for any ticket broker or

person who is the original purchaser for personal use of one or more

tickets to resell or oer for resale one or more tickets to any athletic

contest and entertainment event within 2,700 feet of a venue which

seats or admits 15,000 or more persons.

Applicable Ordinance: Atlanta, Georgia Code of Ordinances §

106-59.

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City of Savannah, Georgia

Geographic and Price Restrictions: It is unlawful for any person

to sell, resell or oer for sale any ticket to any event conducted in

any property owned or operated by the City of Savannah for a price

in excess of the price printed on the ticket.

Service Charge Cap: A service charge not to exceed $0.25 per

ticket, when authorized by the City Manager, may be charged by a

ticket agent authorized by the City Manager.

Applicable Ordinance: City of Savannah, Georgia Code of

Ordinances § 9-1019.

Hawaii

Ticket Broker: Means any person engaged in the business of

selling tickets to events at a price greater than the price printed on

the ticket. (HRS § 481B-15)

Refund Requirements: A ticket broker must refund all service fees

charged for the purchase of a ticket when the event is cancelled.

(HRS § 481B-15)

Credit Card Fee Disclosure: No ticket broker may charge a fee for

the use of a credit card to purchase tickets without ﬁrst disclosing

that a fee will be charged. (HRS § 481B-15)

Boxing Events: All tickets to any boxing event must have the

purchase price printed on it and no such ticket may be sold for more

than the price printed. (HRS § 440-17)

Mixed Martial Arts Events: All tickets of admission to any

mixed martial arts contest for which admission fees are charged

and received shall have printed clearly upon the face thereof the

purchase price of same, and no ticket

shall be sold for more than the price

as printed thereon. (HRS § 440E-13)

Applicable Statutes: HRS §§ 481B-

15; 440E-13; and 440-17.

Illinois

Price Cap: It is unlawful to resell tickets to events for a price

greater than that printed on the face of the ticket, which printed

price must equal the box oce or original distribution price. (815

ILCS 414/1.5(e))

Service Fees: A ticket seller, with consent of the sponsor of

the event, is permitted to collect a reasonable service charge, in

addition to the printed box oce ticket price, from a ticket purchaser

in return for service actually rendered. (815 ILCS 414/4)

Exceptions to Price Cap: The restriction on reselling above face

value does not apply as follows:

• Resales by ticket brokers: A ticket broker (which is not deﬁned

under Illinois law) may resell tickets for a price in excess of the

face value, if it meets the following requirements (815 ILCS

414/1.5(b)):

– Registration: The ticket broker must be registered with the

Illinois Secretary of State. In connection with such registration,

the broker must make certain certiﬁcations, including, without

limitation, that the broker:

- Engages in the resale of tickets from a permanent location

in Illinois and the resale of tickets is the principal business

activity conducted there

- Maintains a toll free number dedicated to consumer

complaints and inquiries concerning ticket sales and

- Has adopted a consumer protection code containing, among

other things, consumer protection guidelines, a standard

refund policy, and standards of professional conduct

– Refunds: The ticket broker must have a standard refund

policy and must provide refunds without charge, other than

reasonable delivery fees for the return of tickets. Ticket brokers

must guarantee a full refund, including handling and delivery, in

any of the following circumstances (815 ILCS 414/1.5(f-5)):

- The event is cancelled and not rescheduled

- The ticket fails to conform substantially as advertised or

- The ticket does not permit admission to the event

– Consumer Complaint Procedure: The ticket broker

must adopt a procedure for binding resolution of consumer

complaints by an independent, disinterested third party

– Consumer Protection Rebate Fund: The ticket broker must

maintain a consumer protection rebate fund in an amount in

excess of $100,000 or, instead, certify that the ticket broker

belongs to a professional association that has existed for at

least three years and that is dedicated to consumer protection

– Geographic Restrictions: The ticket broker may not sell

onsite at a venue unless it owns, leases or has permission to

occupy the venue

– Taxes: The ticket broker must collect and remit all applicable taxes

– Advertisements: All advertisements must identify the ticket

broker and its Illinois registration number

• Resales Through Websites: Operators of websites may resell

tickets through such websites for a price in excess of the face

value if the operators meet certain requirements, including,

without limitation, the following (815 ILCS 414/1.5(e)):

– Presence in Illinois: Operators must have a business

presence and physical address in Illinois, the address for which

must be conspicuously posted on the website

– Consumer Protections: Operators must maintain a toll free

number dedicated to consumer complaints and inquires

PENDING

LEGISLATION ALERT:

HI H.B. 1166 (2019)

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– Consumer Protection Rebate Fund or Insurance:

Operators must maintain a consumer protection rebate fund

in an amount in excess of $100,000 or maintain errors and

omissions insurance providing at least $100,000 in coverage

– Dispute Resolution Procedure: Operators must have an

independent and disinterested dispute resolution procedure

that allows mediation or resolution of complaints of either the

reseller or the purchaser by third parties and that requires both

the reseller and the purchaser to submit to Illinois jurisdiction

– Refunds: Operators must have a standard refund policy that

guarantees a full refund (including all fees, regardless of how

characterized) (815 ILCS 414/1.5(f-5)):

- If the event is cancelled and the purchaser returns the

tickets, in which event reasonable delivery fees need not

be refunded if previously disclosed in the guarantee as

nonrefundable in the event of cancellation

- If the event is cancelled and not rescheduled

- If the ticket does not permit admission to the event

- If the ticket is not substantially as described on the website

- If the ticket seller willfully fails to send the ticket or

- If the ticket seller attempted to deliver the ticket as required

by the website services, but it was not received

– Taxes: The operator must either collect and remit all

applicable taxes or publish a notice on the site that discloses

(1) the reseller’s obligation to pay applicable local tax in

connection with the resale and (2) that the reseller’s and

purchaser’s personal and transactional information may be

disclosed to law enforcement or other governmental ocials

• Resales by Internet Auction Listing Services: Ticket

resellers may resell tickets for a price in excess of the face value

on an internet auction listing service duly registered under the

Illinois License Act (225 ILCS 407/5-1 et seq.), if the operators

of the service meet certain requirements, including, without

limitation, the following requirements (815 ILCS 414/1.5(c)):

– Consumer Protections: Operators must maintain a toll-

free number dedicated to consumer complaints and maintain

consumer protection guidelines containing, among other things,

a standard refund policy and standards of professional conduct

– Refunds: Operators must have a standard refund policy that

guarantees a full refund (including all fees, regardless of how

characterized) if:

- The event is cancelled and the purchaser returns the tickets,

in which event reasonable delivery fees need not be refunded

if previously disclosed in the guarantee as non-refundable in

the event of cancellation

- The ticket does not permit admission to the event

- The ticket is not substantially as advertised on the service

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- The ticket seller willfully fails to send the ticket or

- The ticket seller attempted to deliver the ticket as required

by the service, but it was not received

– Consumer Protection Rebate Fund or Insurance: The

operator must maintain a consumer protection rebate fund in an

amount in excess of $100,000 or maintain errors and omissions

insurance providing at least $100,000 in coverage

– Dispute Resolution Procedure: Operators must have an

independent and disinterested dispute resolution procedure

that allows mediation or resolution of complaints of either the

reseller or the purchaser by third parties and that requires both

the reseller and the purchaser to submit to Illinois jurisdiction

– Taxes: The operator must either collect and remit all

applicable taxes or publish a notice on the site of the reseller’s

obligation to pay applicable local tax in connection with

the resale and that the reseller and purchaser personal and

transactional information may be disclosed to law enforcement

or other governmental ocials

• Resales by or for Charitable Organizations: Tickets may

be resold for a price in excess of the face value if the resale

is conducted through an action by or on behalf of a charitable

organization (815 ILCS 414/1.5(d))

Additional Requirements of All Ticket Resellers Other

Than Internet Auctions: Before accepting payment, all ticket

brokers and other resellers (other than registered internet auction

listing services) must disclose clearly and conspicuously to the

purchaser all of the following information and obtain the purchaser’s

acknowledgment of the disclosure via an armative act by the

purchaser (815 ILCS 414/1.5(f-5)):

• The registered name and city of the venue

• That the reseller is not the box oce or its licensed ticketing agent

• Whether it is registered in Illinois and

• Its refund policy and contact information

Prohibited Resale Restrictions:

• Any condition of the original sale of a ticket that purports to limit

the terms of its resale is unenforceable, null and void, unless the

sale is made pursuant to one of the exceptions to the price cap

described above (815 ILCS 414/1(b))

• No reseller may refuse to resell tickets to another ticket reseller

solely because such purchaser is a ticket reseller or ticket broker

(815 ILCS 414/1.5(f))

Penalties for Violation: Persons who violate 815 ILCS 414/1.5

are guilty of a Class A misdemeanor and subject to a $5,000 ﬁne for

each oense (815 ILCS 414/2)

Applicable Statutes: 815 ILCS 414/1.5; 414/1; 414/2; and 414/4.

Cook County, Illinois

Taxation: It is unlawful for any person to produce, present, conduct

or resell tickets to any amusement without collection of a tax,

except as provided in Cook County, Illinois Code of Ordinances, §

74-392. An amusement tax is imposed upon the patrons of every

amusement that takes place within Cook County. The rate of the tax

shall be equal to 3% of the admission fees or other charges paid for

the privilege to enter, except:

• The rate of the tax is 1% of the admission fees or other charges

to witness in-person, live theatrical, live musical or other live

cultural performances that take place in any auditorium, theater or

other space in Cook County whose maximum capacity, including

all balconies and other sections, is more than 750 persons and

less than 5,000 persons

• The rate of the tax is 1.5% of the admission fees or other charges

to witness in person live theatrical, live musical or other live

cultural performances that take place in any auditorium, theater

or other space in the County whose maximum capacity, including

all balconies and other sections, is 5,000 persons or more

Applicable Ordinance: Cook County, Illinois Code of Ordinances,

§ 74-392.

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City of Lynwood, Illinois

Taxation: It is unlawful for any person to produce, present, conduct

or resell tickets to any amusement without collection of the tax,

except as provided in Lynwood, Illinois Code of Ordinances §

98-332. The rate of the tax imposed upon the buyer of a ticket or

other license in a resale transaction shall be equal to 10% of the

admission fees or other charges paid for the privilege to enter,

provided a lower rate is provided in certain circumstances.

Applicable Ordinance: Lynwood, Illinois Code of Ordinances §

98-332.

Indiana

Ticket Print and Pricing Requirements: Tickets to boxing,

sparring or unarmed combat matches must clearly show the

purchase price and tickets may not be sold for more than the price

printed on the ticket.

Applicable Statute: IC 4-33-22-37.

Consolidated City and County of

Indianapolis/Marion, Indiana

Ticket Resale Restrictions: A ticket broker may not resell or

repurchase tickets to a ticketed venue except in accordance with the

following provisions:

• Tickets shall not be resold or repurchased within 10 feet of

sidewalks where passage is restricted by construction activity

• Tickets shall not be resold or repurchased within 10 feet of a bus

stop, taxi stand, sidewalk ramp intended to provide disability

access or public entrance to a building

• Tickets shall not be resold to or repurchased from occupants in

vehicles in trac

• Tickets shall not be resold or repurchased in a manner that blocks,

obstructs or restricts the passage of pedestrians or vehicles in

the lawful use of sidewalks or streets, ingress or egress to the

abutting property, or interferes with the operation of any other

vendor licensed under Title IV of the Code (Indianapolis-Marion

County, Indiana Code of Ordinances § 841-109)

License Requirement: It shall be unlawful to resell or repurchase

tickets on public streets, sidewalks, or other public outdoor locations

to a ticketed event within one mile of the event venue without

a license.

License Exception: A license shall not be required for any person

reselling or repurchasing tickets under the following conditions:

• The person reselling or repurchasing the ticket has written

authorization from the event organizer to do so or

• All tickets were repurchased or resold for not more than the face

value of the ticket (Indianapolis-Marion County, Indiana Code of

Ordinances § 841-102)

Display of License: The ticket broker must clearly display the

laminated card provided by the license administrator while engaging

in the resale or repurchase of tickets (Indianapolis-Marion County,

Indiana Code of Ordinances § 841-108)

Applicable Ordinances: Indianapolis-Marion County, Indiana

Code of Ordinances §§ 841-102; 841-108; and 841-109.

City of South Bend, Indiana

Resale Restrictions:

• No person may sell, resell, oer to sell, oer to resell or purchase

with the intent to resell a ticket in or on any street, highway, road,

driveway, sidewalk parking area, or while on any other public

right-of-way or area adjacent to or in the vicinity of any place of

public entertainment

• No person may oer to sell tickets to the occupants of vehicles

in trac

• No person may oer to sell tickets in a manner that blocks,

obstructs or restricts the passage of pedestrians or vehicles in

the lawful use of the sidewalks or streets or other public rights-

of-way, ingress or egress to the abutting property, or causing a

public safety hazard in the reasonable opinion of a sworn police

ocer observing such activity

• No person may oer to sell tickets in a manner that constitutes a

nuisance to owners of abutting private property in the reasonable

opinion of a sworn police ocer observing such activity and

• No person may hold or have a sign that references the sale or

oer for the sale of tickets which person, by such action, causes

a public safety hazard or constitutes a nuisance to owners of

abutting private property in the reasonable opinion of a sworn

police ocer observing such activity

Applicable Ordinance: South Bend, Indiana Code of Ordinances

§13-37.

Town of Speedway, Indiana

License Requirement: All individuals reselling tickets within

the town must obtain a license, except for those reselling within

a fenced-in or otherwise secured area where an admittance fee is

regularly charged or located entirely on private property within a

fenced-in or otherwise secured area.

Applicable Ordinance: Speedway, Indiana Code of Ordinances §

5.04.010.

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Kansas

Wyandotte County, Kansas

Price Cap: No person shall sell, oer to sell, resell or oer to resell

in the city any ticket of admission to a public event for a price in

excess of the price printed on the ticket.

Resale Restrictions: No person shall sell, oer to sell, resell

or oer to resell a ticket that contains restrictions on transfer, in

violation of such restrictions.

Service Charges: There is no prohibition on a ticket seller within

the city, with the consent of the sponsor of the public event,

collecting a reasonable service charge, in addition to the printed

box oce ticket price, from a ticket purchaser in return for services

actually rendered.

Applicable Ordinance: Wyandotte County – Uniﬁed Government,

Kansas Code of Ordinances § 22-94.

City of Topeka, Kansas

Price Cap: It shall be unlawful for any person to sell or resell in the

city or at Heartland Park Topeka any ticket or other evidence of right

of entry to any public amusement event or sporting event at a price

more than the maximum price printed on the face of such ticket or

other evidence of the right of entry.

Applicable Ordinance: Topeka, Kansas Code of Ordinances §

54-7.

City of Wichita, Kansas

License Fee: Any person who buys, sells or deals in theatre or

amusement tickets at a price other than the regular box oce price

must pay a license fee of $200 per year.

Applicable Statute: Wichita Ord. No. 15-606 § 84.

Kentucky

Resale Restrictions: It is unlawful to intentionally sell or oer

to sell a ticket at a price greater than that charged at the place of

admission or printed on the ticket, unless authorized by the issuer or

by law. As of the date of this Guide, there are no such authorizations

by law.

Applicable Statute: KRS § 518.070.

Louisiana

Price Cap: It is unlawful to resell or oer to resell tickets for an

amount in excess of the price printed on the face of the ticket. (La.

R.S. § 4:1.B.)

Exceptions: The restriction on reselling tickets at a price above

face value does not apply in the following circumstances:

• Collegiate Athletic Events: In connection with sales of tickets

to athletic events of institutions of higher education, amounts in

excess of the face value of the ticket may be requested by the

institution or its alumni association (La. R.S. § 4:1.D.)

• Internet Sales: If a venue operator and event organizer

authorize the resale of tickets for more than the face value, then

a website operator may sell or oer for sale such tickets via the

website, provided that it guarantees a full refund of the amount

paid as follows:

– Required Refunds: In order to resell or oer to resell tickets

above the face value, a website operator must provide a full

refund, including service, handling or processing fees (unless

such fees are declared non-refundable under the website

operator’s guarantee), in each of the following circumstances:

- The event is cancelled

- The purchaser is denied admission to the event otherwise

than due to the purchaser’s acts or omissions or

- The purchaser is unable to attend because the ticket is not

delivered in the manner described on the website or pursuant

to the operator’s delivery guarantee (La. R.S. § 4:1.E.)

– Refund Guarantee: The website operator’s guarantee must

be posted on the website and directed to the purchaser prior to

completion of the resale transaction (La. R.S. § 4:1.F.)

Applicable Statute: La. R.S. § 4:1.

Bossier City, Louisiana

Ticket Print Requirements: All admission tickets to any athletic

contest, dance, theatre, concert, circus or other amusement shall

have the total price printed on the face of the ticket.

Price Cap: No person shall sell or oer to sell an admission ticket

for an amount in excess of the price printed on the face of the ticket.

Geographic Restrictions: No person shall resell or oer for

resale any ticket to any event at the Bossier City Arena on the arena

premises including the parking lot of the arena.

Applicable Ordinance: Bossier City, Louisiana Code of Ordinances

§ 38-291.

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City of New Orleans, Louisiana

Price Cap: It shall be unlawful for any person to sell any admission

ticket to any athletic contest, dance, theater, circus or other

amusement for a price in excess of the price printed on the face of

the ticket.

Applicable Ordinance: New Orleans, Louisiana Code of

Ordinances § 54-484.

Maryland

Price Cap: It is unlawful for a promoter to allow the sale or

exchange of a ticket to a martial arts event for an amount that

exceeds the box oce price. (Md. Code Ann., Bus. Reg. § 4-318)

Prohibited Software: It is unlawful to use software to interfere

with the mechanisms of a ticket seller’s website that ensure an

equitable buying process. (Md. Commercial Law Code Ann. §

14-4002)

Ticket Website Domain Names: Owners or operators of ticketing

websites are prohibited from using in their uniform resource locator

certain lower level domain names that contain or are substantially

similar to venue, event or performer names. (Md. Commercial Law

Code Ann. § 14-4003)

Applicable Statutes: Md. Code Ann., Bus. Reg. § 4-318 and Md.

Commercial Law Code Ann. §§ 14-4001-4004.

Massachusetts

License Requirement: It is unlawful to resell any ticket without

being licensed by the commissioner of the division of professional

licensure. (Mass. Ann. Laws Ch. 140, § 185A)

Resale Restrictions: Giving away a ticket or selling it for a price

lower than the face value is categorized as a resale. (Mass. Ann.

Laws Ch. 140, § 185A)

Price Cap: No licensed reseller may resell a ticket for more than $2

greater than face value, unless the excess charges are service fees.

Service charges are costs incurred solely in procuring and selling

the ticket, such as charges for messengers, postage, long distance

telephone calls, extensions of credit and costs of credit card orders,

but service charges do not include costs related to the general

business operations of the reseller. (Mass. Ann. Laws Ch. 140, § 185D)

Exceptions: None of the provisions of Massachusetts law apply to

either of the following ticket resales:

• Ticket sales or resales, the proceeds of which exclusively beneﬁt

nonproﬁt, religious, educational or charitable institutions or

• Sales or resales of tickets to

agricultural fairs, if the proceeds

of such sales or resales are not

distributed to members of the

associations conducting the fair

(Mass. Ann. Laws Ch. 140, § 185G)

Applicable Statutes: Mass. Ann.

Laws Ch. 140, § 185A-G.

Michigan

Price Caps: It is unlawful for:

• An owner, operator, tenant, manager of or other person controlling

a place for the sale of tickets to sell or oer for sale a ticket at a

price in excess of either the price received from the general public

or the advertised or printed price (MCLS § 750.465(2))

• Any person to sell or oer for sale in a public place a ticket at a

price in excess of either the price received from general public or

the advertised or printed price (MCLS § 750.465(2))

• Any person to establish an agency or sub-oce for the sale of

tickets at a price in excess of either the box oce price or the

advertised price (MCLS § 750.465(3)) or

• A venue owner, operator or tenant of a place open to the public

to permit the sale of tickets in such place for more than the price

printed on the ticket (MCLS § 750.465(4))

Exception to Price Caps: The price caps do not apply if the owner,

operator, tenant or manager of the venue has granted written

permission to charge the excess amount, but such permission must

be limited to sales other than at the box oce. (MCLS § 750.465(2))

Ticket Print Requirements: The price and seat number must be

printed conspicuously on each ticket. In addition, if the ticket is

sold other than at the venue box oce, the charge in excess of the

box oce price and the following statement must be printed on the

ticket: “This ticket may be purchased at the box oce price without

the surcharge by purchasing the ticket at the box oce where the

event is scheduled to occur.” (MCLS § 750.465(1))

Restricted Tickets: It is permissible for an owner, tenant, operator

or manager of a venue to restrict the sale of a ticket if:

• The ticket was sold under restrictive conditions and states on the

face of the ticket that it is not transferable

• The ticket was sold at a rate less than the general admission

charged and

• The purchaser is either registered or identiﬁed on the face of the

ticket (MCLS § 750.465(5))

Applicable Statute: MCLS § 750.465.

PENDING

LEGISLATION ALERT:

MA H.B. 3015 (2019)

MA S.B. 116 (2019)

MA H.B. 283 (2019)

MA S.B. 184 (2019)

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Minnesota

Prohibited Software: It is unlawful to intentionally use or sell

software to interfere with the mechanisms of a ticket seller’s

website that ensure an equitable

buying process.

Applicable Statute: Minn. Stat. §

609.806.

Mississippi

Price Cap: It is unlawful to sell a ticket to any Mississippi

collegiate or university athletic event or any event held on state

property for more than the face value of the ticket.

Unauthorized Sales: It is unlawful to sell a ticket at any place or

in any manner other than as designated by the authorities issuing

the ticket.

Applicable Statute: Miss. Code Ann. § 97-23-97.

Missouri

Ban on Resale Restrictions: No regulation of any city, county or

other political subdivision may prohibit the sale or resale of tickets

at any price or prohibit charging fees in connection with the sale of

any ticket.

Applicable Statute: § 67.306 R.S.Mo.

County of St. Louis, Missouri

Price Cap (Sporting Events): Any person, ﬁrm or corporation that

resells, oers to resell or delivers any ticket for admission, or any

other evidence of the right of entry, to any public sporting event, for

a price in excess of the price printed on the ticket, is guilty of the

oense of ticket scalping.

Price Cap (Entertainment Events): Any person, ﬁrm or

corporation that resells, oers to resell or delivers any ticket for

admission, or any other evidence of the right of entry, to any public

entertainment event, for a price in excess of twice the price printed

on the ticket, is guilty of the oense of ticket scalping.

Fixed Location Requirement: Any ticket broker that resells, oers

to resell or delivers admission tickets within the unincorporated

area of St. Louis County must operate its ticket brokering business

from one or more ﬁxed location(s). This requirement does not

prohibit the delivery of tickets to customers at other locations. All

ticket brokers shall, prior to the transaction of any business in St.

Louis County, disclose in writing to the Superintendent of Police, on

forms provided by him, the following information: name of business,

identity of owner(s), address of each and every ﬁxed location from

which brokering will be conducted, and telephone number at which

owner or manager may be reached. The form shall be updated as

necessary so that all information disclosed to the Superintendent

remains accurate.

Deﬁnition of Ticket Broker: A person, ﬁrm or corporation that

engages in a business for proﬁt of reselling, oering to resell or

delivering tickets of admission to public events.

Applicable Ordinance: St. Louis County, Missouri Code of

Ordinances § 716.215.

Kansas City, Missouri

Price Cap: It shall be unlawful for any person to sell or resell in

the city any ticket or other evidence of right of entry to any public

amusement event at a price more than the maximum price printed

on the face of such ticket or other evidence of the right of entry.

Applicable Ordinance: Kansas City, Missouri Code of Ordinances

§ 50-108.

City of St. Louis, Missouri

Price Cap: The resale of any tickets to athletic and sporting events,

theatrical and musical performances, circuses, shows, exhibitions

and other places of amusement by any person, persons, associations

or corporations at a price higher than is being charged at the regular

ticket oce or selling place of such performance or event shall be

prohibited.

Applicable Ordinance: St. Louis, Missouri Code of Ordinances §

8.102.035.

PENDING

LEGISLATION ALERT:

MN H.B. 2861 (2019)

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Nebraska

City of Omaha, Nebraska

Resale Restrictions: It is unlawful to advertise or solicit for

resale (including any sale or attempted sale subsequent to the

initial oer to the public) any ticket to an event to be held at the

Civic Auditorium, Orpheum Theater, TDAmeritrade Park Omaha or

the Omaha CenturyLink Center for an amount greater than the face

value printed on such ticket on the grounds of such facilities or

within a one-half mile radius of each such facility.

Applicable Ordinance: Omaha, Nebraska Code of Ordinances §

20-162.

Nevada

Restriction on Substantially Similar Websites: It is unlawful for

the website of a reseller, a secondary ticket exchange or any aliate

of a reseller or secondary ticket exchange to:

• Display a trademarked or copyrighted URL, title, designation,

image or mark or other symbol without the written consent of the

trademark or copyright holder (N.R.S. § 598.3978(1))

• Use any combination of text, images, web designs or internet

addresses, or any combination thereof, that is substantially

similar to the website of any entertainment facility, athletic

contest or live entertainment event, without permission (i.e.,

a reasonable person would believe that the website is that of

the entertainment facility, athletic contest or live entertainment

event) (N.R.S. § 598.3978(2))

• Exception: The use of text containing the name of the venue,

artist, athletic contest or live entertainment event is permitted,

if such use is necessary to describe the athletic contest, the live

entertainment event or the location of the athletic contest or live

entertainment event (N.R.S. § 598.3978(4))

Identiﬁcation as Reseller: The website of a reseller, a secondary

ticket exchange or any aliate thereof must prominently display a

notice identifying the website as belonging to a reseller, secondary

ticket exchange or an aliate thereof and must not, without

contractual authorization from the rights holder, advertise or

represent that the reseller, secondary ticket exchange or aliate

thereof is a rights holder or primary ticket provider. This notice must

be displayed within the top 20% of each page of the website in a

font size that is not smaller than the font size used for the majority

of text on that page. (N.R.S. § 598.3978(3))

Upfront Disclosure of Total Transaction Cost: It is unlawful

for a reseller, secondary ticket exchange or any aliate thereof to

resell a ticket in person or remotely without ﬁrst disclosing to the

purchaser the total amount that the purchaser will be charged for

the ticket, including any fees which represent a portion of the total

amount to be charged. (Enacted in Nev. SB 131 (2019) but not yet

codiﬁed as part of Nev. Rev. Stat. Ann. § 598).

Reseller Restrictions: It is unlawful for a reseller to:

• Resell more than one copy of the same ticket to an athletic

contest or live entertainment event (Nev. Rev. Stat. Ann. §

598.3979(1)(a))

• Employ another person directly or indirectly to wait in line to

purchase tickets for the purpose of reselling the tickets if the

practice is prohibited by the organizer of the event or by the venue

(Nev. Rev. Stat. Ann. § 598.3979(1)(b))

• Resell a ticket without ﬁrst informing the purchaser of the location

in the entertainment facility of the seat or, if there is no assigned

seat, the general admission area to which the ticket corresponds

including the row and seat number of the ticket if applicable (Nev.

Rev. Stat. Ann. § 598.3979(1)(c))

• Resell a ticket or advertise a ticket for resale, unless:

– The ticket is in the reseller’s possession or

– The reseller has a written contract with the rights holder to

obtain the ticket (Nev. Rev. Stat. Ann. § 598.3979(1)(d))

• Resell a ticket before it has been made available to the public,

including a presale, by the rights holder without ﬁrst obtaining

permission from the rights holder to do so (Nev. Rev. Stat. Ann. §

598.3979(2))

Use of Internet Robots Prohibited: It is unlawful to use

an internet robot to circumvent any portion of the process for

purchasing a ticket on a website or to disguise the identity of a

ticket purchase for the purpose of purchasing a number of tickets for

admission that exceeds the maximum number allowed for purchase

by a person. (N.R.S. § 598.398(1))

Prohibited Resales of Tickets Acquired With an Internet

Robot: It is unlawful for a person to resell or oer for resale a ticket

obtained using an internet robot if the person participated in or had

the ability to control the use of the internet robot or knew that the

ticket was acquired unlawfully using an internet robot. (N.R.S. §

598.398(2))

Deﬁnition of Resale and Resell: An oer or completed

transaction for the sale of a ticket to an athletic contest or a

live entertainment event that occurs after the initial purchase

of the ticket, including, without limitation, the sale of a ticket

made in person or by telephone, website or any other means of

communication or exchange. (N.R.S. § 598.3975)

Deﬁnition of Rights Holder: Any person or entity who has the

initial ownership right to sell a ticket to an athletic contest or live

entertainment event for which tickets for entry by the public are

required. (Enacted in Nev. SB 131 (2019) but not yet codiﬁed as part

of Nev. Rev. Stat. Ann. § 598)

Applicable Statutes: N.R.S. §§598.3975; 598.3978; 598.3979;

598.3980; and Nev. SB 131 (2019).

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Clark County, Nevada

Ticket Print Requirements: Every owner or operator of a venue

must print the price of the ticket in a conspicuous manner on the

face of the ticket. Such price must include all taxes, service charges

and fees of any kind associated with admission to the event or

delivery of the ticket. (Clark County, Nevada Ord. § 12.38.010)

Price Cap: Any person who sells a ticket in excess of the price

printed on the ticket, without the permission of the venue owner or

operator is guilty of a misdemeanor. (Clark County, Nevada Ord. §

12.38.020)

Applicable Ordinances: Clark County, Nevada Ord. §§ 12.38.010;

12.38.020; and 12.38.030.

City of Las Vegas, Nevada

Price Cap: It is unlawful to sell tickets for admission to a place

of entertainment, for a price greater than the price printed upon

the face of the ticket. The price of any ticket is equal to the price

displayed at the oce of original distribution and at the box oce of

or on the premises of the venue.

Applicable Statute: Nev. Rev. Stat. Ann. § 598.3979.

New Hampshire

Resale for Musical Performances: Every ticket agent receiving

tickets for sale or resale to a musical performance in which all

the lead vocals consist of played recording rather than the actual

singing of the lead vocalists must:

• Display in a place immediately adjacent to where the tickets

are sold, a prominent and conspicuous notice consisting of

substantially the following: “The lead vocals are pre-recorded

and will not actually be sung by (name of lead vocalist or musical

group) during this show” and

• State prior to the completion of any telephone sales transaction

involving tickets to such an event substantially the following:

“The lead vocals are pre-recorded and will not actually be sung by

(name of lead vocalist or musical group) during this show” (RSA

357-F:4)

Deﬁnition of Ticket Agent: Any person who is involved in the

business of selling or reselling tickets or admission to a musical

performance who charges a premium in excess of the price, plus

taxes, printed on the ticket. (RSA 357-F:1)

Applicable Statutes: RSA 357-F:1 and 357-F:4.

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New Jersey

Deﬁnition of Ticket Broker: A ticket broker is any person located

and operating in New Jersey who is involved in the business of

reselling tickets and who charges a premium in excess of the face

value of the ticket, plus taxes, printed on the ticket. (N.J. Stat. §

56:8-26(f), (NJAC § 13:45A-20.1)

Exclusion: Individuals who do not regularly engage in the

business of reselling tickets, who resell fewer than 30 tickets

per year and who obtain the tickets for such individual’s personal

use or the use of friends and family, are not deemed to be ticket

brokers. (N.J. Stat. § 56:8-26(f), NJAC § 13:45A-20.1)

Deﬁnition of Resale: Sale by a person other than the owner or

operator of a place of entertainment or of the event or an agent of

any such person. (N.J. Stat. § 56:8-26(g), NJAC § 13:45A-20.1)

Ticket Broker Requirements: A ticket broker must, among

other things:

• Maintain a permanent oce in New Jersey (N.J. Stat. § 56:8-27,

NJAC § 13:45A-20.5(i)(1))

• Display its license in its principal oce for reselling tickets and

each branch oce (N.J. Stat. § 56:8-32)

• Obtain a certiﬁcate of registration from the Director of Consumer

Aairs in the Department of Law and Public Safety (N.J. Stat. §

56:8-27, NJAC § 13:45A-20.5(i)(2))

• List its registration number in all advertisements of tickets for

sale to the general public to events in New Jersey (N.J. Stat. §

56:8-27, NJAC § 13:45A-20.5(i)(3))

• Disclose to the ticket purchaser:

– The purchase price of a ticket prior to the purchase of the ticket

(N.J. Stat. § 56:8-33(a))

– The location of the seats, by map or verbal description (N.J.

Stat. § 56:8-27)

– The broker’s cancellation policy (N.J. Stat. § 56:8-27)

– That a service charge has been added to the price (N.J. Stat. §

56:8-27) and

– The broker’s guarantee polices. (N.J. Stat. § 56:8-27)

• File a bond in the amount of $10,000, with two or more sucient

sureties for approval by the Director of Consumer Aairs (N.J.

Stat. § 56:8-30, NJAC § 13:45A-20.2) and

• Provide buyers with receipts that specify the date on which the

tickets will be delivered and the total purchase price for the

tickets (NJAC § 13:45A-20.5(h))

Ticket Broker Refund Requirements:

• All ticket resellers and ticket resale websites must guarantee that

such reseller or website will provide a full refund of the amount

paid by the purchaser, including all fees, regardless of how

characterized, if any of the following occurs:

– The event has been cancelled, in which event the actual

handling and delivery fees need not be refunded if the reseller’s

or website’s guaranty so provides

– The ticket does not provide the purchaser with admission to

the event, including if the ticket is counterfeit or if the ticket

has been cancelled (other than due to an act or omission of the

purchaser) (N.J. Stat. § 56:8-34(b))

• Ticket brokers must refund:

– The full cost of the tickets if the ticket broker guarantees

delivery of the tickets and fails to so deliver them (N.J. Stat. §

56:8-27(1)(h))

– The full price of a tour package and tickets when the broker has

guaranteed tickets in a tour package and fails to provide them

(N.J. Stat. § 56:8-27(1)(j))

– Deposits made by purchasers when the broker is using a

tentative order policy (commonly known as a “try and get”) and

the broker fails to get the tickets (N.J. Stat. § 56:8-27(1)(i))

– The full price of the ticket, less shipping charges, if the tickets

are returned in three days (or returned in one day, if the ticket

was purchased within seven days before the event), but no

refund must be given on any ticket purchased within six days

before an event unless the broker is able to resell the ticket

(N.J. Stat. § 56:8-27(k))

• Ticket brokers must notify buyers who pay any monies towards

the purchase of a ticket and who fail to receive the ticket by the

promised delivery date that the buyer has the option of receiving

a full refund within 30 days or consenting to an extension of the

delivery date (NJAC § 13:45A-20.5(g))

Price Caps:

• It is unlawful for anyone other than a registered ticket broker to

resell a ticket, or purchase a ticket with the intent to resell, for a

premium in excess of the greater of 20% of the ticket price or $3,

whichever is greater, plus lawful taxes (N.J. Stat. § 56:8-33(b),

NJAC § 13:45A-20.5(b)-(c))

• It is unlawful for a registered ticket broker to resell a ticket or

purchase a ticket with the intent to resell a ticket at a premium in

excess of 50% of the price paid to acquire the ticket, plus taxes

(N.J. Stat. § 56:8-33(b))

Internet Exception: There is no limit on the resale or purchase

price for a ticket sold by anyone other than a registered ticket

broker, if the ticket is resold or purchased through a website. (N.J.

Stat. § 56:8-33(c))

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Speculative Tickets: It is unlawful for a reseller to employ a

tentative ticket policy whereby the reseller sells tickets that are not

in its possession at the time of sale, unless that policy is disclosed

to the ticket purchaser at the outset of the transaction. Such

disclosure must include the approximate delivery date and number

of tickets that are guaranteed together, including the zone or section

number. If the reseller fails to obtain the speculative tickets, it must

refund any deposit made by the purchaser within ten days after the

event. (N.J. Stat. § 56:8-34(c)(1), NJAC § 13:45A-20.5)

Geographic Restrictions: It is unlawful to resell or purchase with

the intent to resell any ticket, on any street, highway, driveway,

sidewalk, parking area or common area owned by a venue in New

Jersey, or any other area adjacent to or in the vicinity of the venue.

(N.J. Stat. § 56:8-34 (a))

Exception: A person may resell tickets in an area designated

by the venue, if the tickets were purchased for the person’s own

personal or family use and at a price no greater than the price

otherwise permitted by New Jersey law. (N.J. Stat. § 56:8-34(a))

Prohibition on Tying Other Purchases: It is unlawful for a ticket

broker, as a condition of selling or exchanging a ticket, to require a

buyer to purchase other tickets. NJAC § 13:45A-20.5(e).

Prohibited Technology:

• It is unlawful to use any means, method or technology that

is designed, intended or functions to disguise the identity of

the purchaser with the purpose of attempting to purchase or

purchasing a quantity of tickets in excess of any authorized limit

established by the ticket issuer (N.J. Stat. § 56:8-34(d))

• It is unlawful to use software or any other technology or device

that is designed, intended or functions to:

– Interfere with a computer, computer network or system, or

any part thereof, for the purpose of attempting to purchase or

purchasing or obtaining access to a quantity of tickets in excess

of any authorized limit established by the ticket issuer or

– Circumvent or disable any access control systems, electronic

queues, waiting periods or other sales volume limitation

systems to ensure the equitable distribution of tickets institute

on the website of a ticket issuer (N.J. Stat. § 56:8-34(e))

Ticket Website Prohibitions Regarding Domain Names: It is

unlawful for a person who owns, operates or controls a ticket website

for any event at a venue in New Jersey to sell tickets to a New Jersey

resident through that website if such website owner, operator or

controller intentionally uses an internet domain name that:

• Contains the name of the venue or a name that is substantially

similar to the venue or the internet domain name (unless

authorized by the venue to act on behalf of the venue) or

• Contains the name of the event or performer or a name that is

substantially similar to the name of the event or performer (N.J.

Stat. § 56:8-35(b))

Ticket Print Requirement: Every venue or its agent must print on

the face of each ticket and include in any advertising for any event,

the price charged therefor. (NJAC § 13:45A-20.5(a))

Charitable and Political

Organization Exceptions: The New

Jersey ticket resale laws do not apply

to any person who sells, raes or

otherwise disposes of tickets for a

nonproﬁt or political organization, if

the premium proceeds are devoted

to the lawful purposes of the

organization. (N.J. Stat. § 56:8-38)

Applicable Statutes: N.J. Stat. §§

56:8-26; 56:8-27; 56:8-28; 56:8-29;

56:8-30; 56:8-31; 56:8-32; 56:8-33;

56:8-34; 56:8-35; 56:8-35.3; 56:8-35.4;

56:8-36; 56:8-37; 56:8-38; 13:45A-

20.1; 13:45A-20.2; 13:45A-20.5;

13:45A-20.6; and 13:45A-20.7.

New Mexico

Price Cap: It is unlawful to sell or oer for sale any ticket to any

college athletic event at a price greater than the price charged at

the place of admission or printed on the ticket. (N.M. Stat. Ann. §

30-46-1.A.)

Fees Permitted: It is lawful to charge a fee for services rendered in

connection with the sale of a ticket, if the fee is permitted pursuant

to a contract between the ticket seller and the sponsor or promoter

of the event. (N.M. Stat. Ann. § 30-46-1.C.)

Boxing, Wrestling and Martial Arts Contests: It is unlawful

for an unlicensed person to resell any ticket for more than $0.50

greater than the price printed on the ticket. Ticket resales may only

be made by the licensed promoter or the box oce. (N.M. Stat. Ann.

§ 15-6-3.12.)

Applicable Statutes: N.M. Stat. Ann. §§ 30-46-1 and 15-6-3.12.

PENDING

LEGISLATION ALERT:

NJ S.B. 2783 (2018)

NJ A.B. 3739 (2018)

NJ A.B. 3338 (2018)

NJ S.B. 1728 (2018)

NJ S.B. 1541 (2018)

NJ S.B. 926 (2018)

NJ S.B. 817 (2018)

NJ A.B. 1357 (2018)

NJ A.B. 479 (2018)

Table of Contents

New York

Application of Law: Businesses domiciled outside the state of

New York are subject to New York law when selling tickets to

events held in the state of New York, regardless of where the buyer

and seller are domiciled. (N.Y. Arts & Cult. A. Law § 25.01)

Price Cap: No owner or operator of a venue may demand any

premium or price in excess of the face value of the ticket, plus

lawful taxes, whether such premium or excess price is designated

as price, gratuity or otherwise. (N.Y. Arts & Cult. A. Law § 25.29)

Exclusions: The price cap does not to apply to:

• Reasonable service charges for special services, including, but

not limited to, sales away from the box oce, credit card sales

or delivery services or

• Oering tickets for initial sale by means of an auction (N.Y. Arts

& Cult. A. Law § 25.29)

Deﬁnition of Resale: “Resale” means any sale of a ticket for an

event at a venue in the State of New York and includes sales by

any means, including in person, by telephone, mail, delivery service,

facsimile, internet, email or other electronic means. (N.Y. Arts &

Cult. A. Law § 25.03)

Exclusions: The term “resale” does not include:

• Any sale by the owner or operator of a venue or its agent who

is expressly authorized to make ﬁrst sales of tickets

• Any sale by any person who purchases tickets solely for their

own use or the use of such person’s invitees, employees or

agents or who purchases tickets on behalf of others and resells

such tickets to such invitees, employees and agents or others at

or less than face value

• Any sale by any not-for-proﬁt organization, as long as any

proﬁt realized from ticket reselling is completely dedicated to

the purposes of such organization (N.Y. Arts & Cult. A. Law §

25.03)

Reseller License: Ticket resellers, including websites, are required

to obtain a license from the Secretary of State for each location

at which business will be conducted. If the reseller demonstrates

that its business provides a service to facilitate ticket transactions

without charging any fees, surcharges or service charges above

the established price of the ticket on every transaction, except a

reasonable and actual charge for the delivery of tickets, then the

fees for licensing will be waived. (N.Y. Arts & Cult. A. Law § 25.13)

Internet Exception: If a website serves solely as a platform to

facilitate resale between third parties and does not otherwise

engage in resales of tickets, the website is not required to have a

license. (N.Y. Arts & Cult. A. Law § 25.13)

Licensed Reseller Requirements: Licensed resellers have the

following requirements, among others:

• Bond: A licensed reseller must ﬁle a bond in the sum $25,000,

with two or more sureties or an authorized surety company (N.Y.

Arts & Cult. A. Law § 25.15)

• Records of Sales: Every licensee shall at all times keep full

and accurate records showing the prices at which all tickets have

been bought and sold and the names and addresses of the person

for whom they were bought. These records must be retained for

at least 10 years. Twice annually, every licensed reseller must

report to the department of state the total number of, and average

resale price of, all tickets to each ticketed event (N.Y. Arts & Cult.

A. Law § 25.25)

• Disclosure Requirements:

– Disclosure of NY License:

- A licensed reseller must conspicuously display its license at

all times in its principal oce (N.Y. Arts & Cult. A. Law §

25.19)

- If a licensed reseller conducts business through the internet

or, eective December 28, 2018, through any retail ticket

purchasing website, application, phone system or other

technology used to sell tickets, the reseller must display in

a conspicuous manner on the site or system a hyperlink to a

copy of the license (N.Y. Arts & Cult. A. Law § 25.19)

– Price Lists: If a licensed reseller conducts business through

the internet, it must conspicuously display a price list, or

hyperlink to the price list, on the internet page on which tickets

are accessed. The price list must show the face value, together

with the price being charged by such licensee for the resale of

such ticket (N.Y. Arts & Cult. A. Law § 25.23)

– Refund Terms: A licensed reseller must publish in a

conspicuous place, or hyperlink to, a statement clearly detailing

the required refund guarantees (N.Y. Arts & Cult. A. Law §

25.23)

– Online Resale Marketplace Notices: Online resale

marketplaces must post a clear and conspicuous notice on the

website that the website is for secondary ticket sales, that the

prices of the tickets may exceed the established price and the

refund policy if an event is cancelled or postponed (N.Y. Arts &

Cult. A. Law § 25.23)

– Online Resale Marketplace User Conﬁrmations: Online

resale marketplaces must require that website users conﬁrm

having read the resale notices described above (N.Y. Arts &

Cult. A. Law § 25.23)

• Prohibited Gratuities: No licensed reseller may pay any ocer

or employee of a venue any commission, gratuity or bonus in

connection with the sale, delivery or payment of tickets to such

venue (N.Y. Arts & Cult. A. Law § 25.27)

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Required Refund Guarantees:

• Anyone who resells tickets or facilitates the resale or resale

auction of tickets between independent parties by any means

must guarantee to every purchaser a full refund of the amount

paid by the purchaser (including, but not limited to, all fees,

regardless how categorized) in any of the following events:

– If the event has been cancelled, in which case actual handling

and delivery fees need not be refunded if the guarantee

speciﬁes that those fees will not be refunded

– If the ticket does not grant the purchaser admission to the

event, unless the ticket was cancelled due to an act or omission

by the purchaser

– If the ticket is not as described, unless the purchaser pre-

approved a substitution of the ticket

• Prior to the payment of a refund, it is the obligation of the seller

and purchaser to ﬁrst make a good faith eort to remedy any

disputes, if the reseller and purchaser agreed to terms established

by the reseller or website manager for the disposition of disputes

as a condition to facilitate the transaction (N.Y. Arts & Cult. A.

Law § 25.07)

Ticket Possession: Eective December 28, 2018, it shall be

unlawful for any ticket reseller to contract to sell or obtain tickets

or to accept full payment or a deposit for the sale of tickets unless

the reseller:

• Possesses the ticket (N.Y. Arts & Cult. A. Law § 25.10(1)(a))

• Has a written contract to obtain the ticket from a person who

possesses or has a contractual right to obtain the ticket (N.Y. Arts

& Cult. A. Law § 5.10(1)(b)) or

• Informs the purchaser in a clear and conspicuous manner at

the time of oering the ticket and in a written notice prior to

completing the sale transaction:

– That the reseller does not meet either of the previous

two requirements

– That the reseller may not be able to supply the ticket at the

contracted price and

– The reseller requires the purchaser to expressly conﬁrm, prior

to completing the transaction, that the purchaser has read this

notice (N.Y. Arts & Cult. A. Law § 25.10(1)(c))

• If the reseller complies with the ticket possession requirements of

N.Y. Arts & Cult. A. Law § 25.10(1)(c), the reseller may accept a

deposit for the resale if:

– The reseller also informs the purchaser of the terms of the

deposit in writing prior to the receipt of the deposit and

– The reseller refunds the deposit within 10 business days after

receipt of a request from the purchaser for a refund, if the

reseller cannot supply the ticket (N.Y. Arts & Cult. A. Law §

25.10(2))

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Ticket Print Requirement:

• Every owner or operator of a venue, licensed reseller or platform

that facilitates resales of tickets must disclose, in a clear and

conspicuous manner and prior to receiving payment, not only the

price of the ticket, but also any portion that represents any fee or

surcharge (N.Y. Arts & Cult. A. Law § 25.07)

Geographic Restrictions:

• No person may resell or oer to resell a ticket to a venue with a

permanent seating capacity of more than 5,000 people within 1,500

feet from such venue or a ticket oce (N.Y. Arts & Cult. A. Law §

25.11)

• No one (whether or not domiciled or licensed in the state of

New York) may resell or oer to resell a ticket to any place of

entertainment with a permanent seating capacity of fewer than

5,000 people within 500 feet from such venue, provided that the

owner or operator of the venue may designate an area within such

venue for the lawful resale of tickets to events at such venue, and

provided, further, that licensed resellers and those seeking a license

in New York are exempt from the buer zone when operating out of

a permanent physical structure (NY Art & Cult. A. Law § 25.11)

• No person may sell or oer to sell tickets on or in any street in a

city in the state or in the County of Nassau; it is unlawful to solicit

any person to purchase a ticket on or in any street in a city or in the

County of Nassau by words, signs, circulars or other means (N.Y.

Arts & Cult. A. Law § 25.05)

Ticket Website Prohibitions Regarding Domain Names: It is

unlawful, with the intent to mislead or deceive, to own, operate or

control a ticket website for an event scheduled at a venue to use a

subdomain or domain name in a ticket website’s URL that contains:

• The name of (or substantially similar to) the place of

entertainment, unless the venue has given consent

• The name of (or substantially

similar to) the event, including the

name of the performer at the event,

unless the performer has given

consent (N.Y. Arts & Cult. A. Law

§ 25.34)

Prohibited Software: It is illegal for

any person to use ticket-purchasing

software to purchase tickets. It is

also illegal to resell tickets that

are known to have been obtained

by ticket-purchasing software.

Ticket-purchasing software is any

machine, device, computer program

or computer software that bypasses

security measures or access control

systems on a retail ticket purchasing

platform to purchase tickets. (N.Y.

Arts & Cult. A. Law § 25.24)

Ticket Speculation: A person who unlawfully resells tickets is

guilty of ticket speculation and a person who unlawfully resells with

the intent to resell ﬁve or more tickets is guilty of aggravated ticket

speculation. (N.Y. Arts & Cult. A. Law § 25.09)

Applicable Statutes: N.Y. Arts & Cult. A. Law §§ 25.01-25.35.

Westchester County, New York

Playland Commission: It is unlawful to resell tickets or scrip

issued by the Westchester County Playland Commission.

Applicable Ordinance: Westchester County, New York Code of

Ordinances § 897.101.

City of Syracuse, New York

Ticket Price: It is unlawful to sell or oer for sale any ticket to

any athletic contest or place of amusement at a price in advance of

prices charged by the managers of such events or in excess of the

price printed or stamped by such managers on the tickets.

Applicable Ordinance: Syracuse, New York Code of Ordinances §

5-130.

AMENDMENT

ALERT: New York has

enacted extensive

amendments to

the existing ticket

resale statutes and

regulations that will

become eective

July 1, 2021.

PENDING

LEGISLATION ALERT:

NY A.B. 7444 (2019)

NY S.B. 2003 (2019)

NY A.B. 1534 (2019)

NY S.B. 2306 (2019)

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North Carolina

Internet Resale Pricing: A person may resell a ticket on the

internet at a price greater than the price on the face of the ticket,

but only if all of the following conditions are met:

• The venue has not prohibited the resale of tickets at a price

greater than the face value

• The ticket reseller oers the ticket for resale on a website with

the required refund guarantee and the prospective purchaser

is directed to the guarantee before completing the resale

transaction

• The ticket reseller is licensed to do business in North Carolina as

a retailer or wholesale merchant under N.C. Gen. Stat. § 105-164-

29 and remits sales and use tax to the state (N.C. Gen. Stat. §

14-344.1)

Refund Requirements: A person who resells or oers to resell

tickets must guarantee to the purchaser a full refund of the amount

paid for the ticket under each of the following conditions:

• If the event is cancelled, provided that reasonable handling and

delivery fees may be withheld from the refund price if the ticket

guarantee on the website speciﬁcally so informs the purchaser

• If purchaser is denied admission to the event other than because

of an action or omission of the purchaser or

• If the ticket is not delivered to the purchaser in the manner

described on the website or pursuant to the delivery guarantee

made by the reseller, and the failure results in the purchaser’s

inability to attend the event (N.C. Gen. Stat. § 14-344.1)

Student Ticket Exception: None of the above provisions of North

Carolina law apply to student tickets issued by institutions of higher

education in North Carolina for sporting events. (N.C. Gen. Stat. §

14-344.1)

Service Fees: It is lawful to add a reasonable service fee, not

to exceed $3, to the face value of a ticket sold. (N.C. Gen. Stat. §

14-344)

Prohibited Software: It is unlawful to knowingly sell, give,

transfer, use, distribute or possess software that is primarily

designed or produced for the purpose of interfering with the

operation of a ticket seller who sells tickets over the internet,

by circumventing any security measures on or access control

systems of a ticket seller’s website, or circumventing any controls

or measures that are instituted by the ticket seller on its website

to ensure an equitable ticket buying process. (N.C. Gen. Stat §

14-344.2)

City Taxation: A city may levy privilege license taxes on ticket

resales. (N.C. Gen. Stat § 160A-211)

Applicable Statutes: N.C. Gen. Stat. §§ 14-344; 14-344.1; 14-

344.2; and 160A-211.

North Dakota

Mixed Fighting Style Contests or Exhibitions: All tickets to

mixed ﬁghting style contests or exhibitions must bear clearly the

purchase price and it is unlawful to sell a ticket to any such event

for more than the price printed on the ticket.

Applicable Statute: NDAC § 72-02.2-02-11.

Ohio

Deferred Regulation of Ticket Resales: The state of Ohio defers

regulation of ticket resales to municipal corporations. Public school

entertainments, lecture courses and lectures on historic, literary or

scientiﬁc subjects are exempt from the provision. (O.R.C. § 715.48)

In addition, a board of township trustees may adopt a resolution to

regulate in the unincorporated area resales of tickets to theatrical,

sporting or other public amusements. (O.R.C. § 505.95)

Professional Solicitation for Donation Tickets: If a professional

solicitor sells tickets to any event and represents that the tickets

will be donated for use by another person, the professional solicitor

must keep records of the following and such records must be

retained for at least three years:

• The name and address of each contributor that purchases or

donates tickets and the number of tickets purchased or donated and

• The name and address of each organization that receives the

donated tickets for the use of others, and the number of tickets

received by the organization (O.R.C. § 1716.07)

Public Boxing or Wrestling Matches: It is unlawful to sell

tickets to a public boxing or wrestling match or exhibition from any

place other than the box oce on the premises in which the match

or exhibition is held or such additional locations as the Ohio Athletic

Commission has authorized in writing. (ORC § 3773.49)

Applicable Statutes: O.R.C. §§ 505.95; 715.48; 1716.07; 3773.49.

City of Cincinnati, Ohio

Price Caps:

• It is unlawful to sell a ticket at a price more than the price printed

on the ticket (Cincinnati, Ohio Code of Ordinances § 309-99-A)

• It is unlawful to sell or dispose of any ticket for a theatrical show

or exhibition given at any hall or building licensed as a theatre, at

a higher price for admission than according to the scale of prices

so published, framed, and hung up at the theater (Cincinnati, Ohio

Code of Ordinances § 865-3)

Ticket Print Requirements: It is unlawful to sell a ticket on which

the name of the vendor and price is not printed. (Cincinnati, Ohio

Code of Ordinances § 309-99-A) In addition to the price, federal

and city tax must be conspicuously printed on the ticket, if sold

other than at a ticket oce of the venue. (Cincinnati, Ohio Code of

Ordinances § 309-7)

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License Requirement: It is unlawful to sell or oer to sell any ticket

for more than face value on a public street, sidewalk, public right-

of-way or any other city-owned property within the city of Cincinnati

without a license and identiﬁcation card from the city treasurer. The

identiﬁcation card must be worn conspicuously on the outer garment

of the ticket seller at all times while engaging in the business of

street ticket sales. (Cincinnati, Ohio Code of Ordinances § 840-3). It

is not clear whether this ordinance is an exception to the price cap

described above.

Exception: Tickets may be sold or oered for sale on public

streets, sidewalks, public rights-of way and other city-owned

property without a license and identiﬁcation card if not oered

or sold to occupants of vehicles, in a manner that obstructs

pedestrian or vehicular trac, or within the Eastern and Western

Riverfronts. (Cincinnati, Ohio Code of Ordinances § 840-9)

Geographic Restrictions: It is unlawful to sell or oer for sale tickets

in certain speciﬁed locations in Cincinnati, including, without limitation,

on Fountain Square and in certain locations within the Eastern and

Western Riverfronts. (Cincinnati, Ohio Code of Ordinances § 840-7)

Prohibited Software: It is unlawful to intentionally sell or use

software to interfere with the security measures or access control

systems that an operator or reseller establishes to ensure equitable

distribution of tickets. (Cincinnati, Ohio Code of Ordinances §

646A.115(2))

Applicable Ordinances: Cincinnati, Ohio Code of Ordinances §§

309-7; 309-99-A; 646A.115; 840-3; 840-7; 840-9 and 865-33.

Oregon

Prohibited Software: It is unlawful to intentionally sell or use

software whose purpose is to circumvent, thwart, interfere with

or evade a control of measure, including a security measure or an

access control system, that an operator or reseller establishes or

uses to ensure an equitable distribution, sale or resale of admission

tickets for an entertainment event.

Applicable Statute: ORS § 646A.115.

Pennsylvania

Scope of Pennsylvania Law: The Pennsylvania ticket

resales laws apply only to the sale and resale of tickets within

Pennsylvania. (4 P.S. § 211.1)

Price Caps:

• The maximum premium for which a ticket may be resold by ticket

brokers who are duly licensed by a city with a population of more

than 1 million must not exceed the greater of 25% of the face value

of the ticket or $5, plus taxes (4 P.S. § 211)

• It is unlawful to purchase with intent to resell, to resell or to oer to

resell any ticket at a price in excess of the maximum premium, plus

the face value and lawful taxes as printed on the ticket (4 P.S. § 212)

License to Resell for More than Face Value: It is unlawful to

purchase a ticket with intent to resell or engage in the business of

reselling tickets at a price higher than the face value without ﬁrst

obtaining a license to so resell from the county or city in which the

reseller intends to conduct such business. (4 P.S. § 202(a))

Internet Exception: The licensing requirement does not restrict,

or apply to or make it illegal to resell or oer to resell a ticket

through a website, which is not required to obtain a license to

resell if it meets all of the following conditions:

• Physical Presence: The website operator has a business

presence and physical street address in Pennsylvania and clearly

and conspicuously posts that address on the website, or has a

business presence in Pennsylvania and one of the following: a

registered agent, a foreign business license or a certiﬁcate of

authority issued by the Department of State

• Refund Requirements: The website operator guarantees a full

refund, including all fees regardless of how characterized, in the

following circumstances:

– If the event is cancelled, in which event reasonable handling

and delivery fees need not be refunded as long as the

previously disclosed guarantee speciﬁes that the fees will not

be refunded

– If the ticket does not admit the purchaser to the event,

unless the ticket is cancelled due to an act or omission of the

purchaser or

– If the ticket is not as described on the website (4 P.S. § 202(c))

License Requirements:

• License Bond: License applicants must ﬁle an approved bond of

$1,000 with the county or city in which the license is to be granted

and issued (4 P.S. § 205)

• Posting of License and Price Lists: The license must be

posted at all times in a conspicuous place in the place of business.

No resale may be made by any licensee except at the place of

business. A price list must be posted showing the established price

and the price being charged by such licensee for every type of ticket

that it is reselling (4 P.S. § 210)

• Records: Every licensee must keep full and accurate records

showing the prices at which it bought and sold all tickets and the

names and addresses of the person from whom they were bought

(4 P.S. § 210)

Prohibited Software: It is unlawful to knowingly use in the

purchase of a ticket any software primarily designed for the purpose

of interfering with the operations of a ticket seller by circumventing

a security measure, access control system or other function or

operating of the ticket seller’s website designed to ensure that the

sale of tickets occurs in an equitable manner. (4 P.S. § 212.1)

Charitable Exceptions: The Pennsylvania regulations described in

this Guide do not apply to fundraising activities performed by or on

the behalf of charitable organizations or to political fundraising. (4

P.S. § 213)

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Municipal Ordinances Superseded: The Pennsylvania

regulations described in this Guide supersede all municipal

ordinances regarding ticket resales. (4. P.S. § 215)

Applicable Statutes: 4 P.S. §§ 201, 202; 203; 205; 210; 211; 211.1;

212.1; 213; and 215; and 53 P.S. § 201.

Puerto Rico

Fine: Any ticket-selling company that sells tickets for any other

person is subject to a ﬁne of $10,000 if the other person is not a

registered promoter or does not have an endorsement to sell and

collect admission charges. (13 L.P.R.A. § 33345(e))

Display Requirement: Any ticket seller must prominently display

a notice indicating the admission price and the sales tax which shall

be computed and collected on the basis of the price of admission

charged. (13 L.P.R.A. § 32025(b))

Geographic Limit: It is unlawful to sell admission tickets to sports

events outside of the places expressly provided for sale by the

impresario of the event. (15 L.P.R.A. § 15)

Applicable Statutes: 13 L.P.R.A. §§ 32025(b) and 33345(e); and 15

L.P.R.A. § 15.

Rhode Island

Price Cap: It is unlawful to sell, oer to sell or attempt to sell any

ticket at a price greater than the price, including tax, printed on

the ticket, plus a reasonable service charge for services actually

rendered.

Exception: The owner or operator of the venue may authorize,

in writing, any person to sell a ticket at a price in excess of the

price cap described above, provided that the written authorization

speciﬁes the price at which the

ticket may be sold.

Service Charge Cap: Service

charges may not exceed the greater

of $3 or 10% of the price printed on

the ticket.

Applicable Statute: R.I. Gen. Laws

§ 5-22-26.

South Carolina

Price Cap: No one who oers for resale or resells a ticket may

request or receive more than $1 above the price charged by the

original ticket seller. (S.C. Code § 16-17-710(A))

Internet and Geographic Exceptions: The price cap described

above does not apply to a ticket oered for resale through a website

or at a permitted physical location (on property not owned by the

venue owner, on public property or on property owned by the venue

owner if the venue owner provides written authorization that resales

may occur on the property) when the reseller provides the required

refund guarantee. (S.C. Code § 16-17-710(B), (D))

Refund Requirement for Exception to Price Cap: In order to

rely on the exception to the price cap, the reseller must guarantee a

full refund of the amount paid for the ticket in each of the following

circumstances:

• If the event is cancelled, in which event ticket delivery and

processing charges are not required to be refunded if disclosed

in the guarantee

• If the purchaser is denied admission to the event, unless the

denial is due to the act or omission of the purchaser or

• If the ticket is not delivered to the purchaser and, as a result, the

purchaser is not able to attend the event (S.C. Code § 16-17-

710(B)

Institutions of Higher Education: The exception to the price cap

does not apply to tickets to an event sponsored by or taking place

at a venue owned by an institution of higher education, unless the

institution approves the resale of the ticket prior to the initial sale

or delivery of the ticket and issues a public statement or notice

authorizing the resale of the ticket. (S.C. Code § 16-17-710(C))

Ticket Quantity Limitations: It is a violation of the South Carolina

Unfair Trade Practices Act to knowingly purchase a number of

tickets over the maximum quantity posted by or on behalf of the

original ticket seller at the point of original sale or printed on the

tickets with the intent to resell the tickets for more than $1 above

the price charged by the original ticket seller. The original ticket

seller is the issuer of the tickets or a person who provides ticket

sales or distribution services under a contract with the issuer. (S.C.

Code § 39-5-36)

Applicable Statutes: S.C. Code § 16-17-710; S.C. Code § 39-5-36.

South Dakota

City of Sioux Falls, South Dakota

Price Cap: It is unlawful to sell a ticket for more than its face value.

Applicable Ordinance: Sioux Falls, S.D. Code of Ordinances §

131.007.

PENDING

LEGISLATION ALERT

RI S.B. 623

RI S.B. 622

RI H.B. 5362

RI H.B. 5691

Table of Contents

Tennessee

Prohibited Software: It is unlawful to possess, use, give or sell

software that is primarily designed or produced for the purpose of

interfering with the operations of any ticket seller who sells tickets

over the internet.

Deceptive URLs: It is unlawful to, with the intent to deceive, use

the trade name or trademark, or a confusingly similar trade name or

trademark, of any place of entertainment, or the name of any event,

person or entity scheduled to perform at a place of entertainment

in the domain of a ticket marketplace URL. (Tenn. Code Ann. §

39-14-127(8))

Exception: If the ticket marketplace obtains written

authorization from the place of entertainment, event, person or

entity scheduled to perform at a place of entertainment to use the

trade name, trademark or name in the domain of the URL prior to

the use.

Deﬁnition of Ticket Marketplace: A website that provides a

forum for or facilitates buying and selling, or reselling, of a ticket.

(Tenn. Code Ann. § 39-14-127(8)(D))

Refunds: If any performance or event for which a ticket for

admission is sold is cancelled, the ticketing service company that

contracts to sell tickets for such event or performance at retail ticket

outlets shall refund to all ticket purchasers the purchase price of

the ticket plus any service fees or changes paid by the purchaser for

such ticket. (Tenn. Code Ann. § 47-50-118)

Tentative Tickets: It is unlawful to resell tentative tickets (i.e.,

tickets that the reseller does not own, have under contract or have

in its possession), unless such tentative sale is disclosed to the

ticket purchaser at the outset of the transaction. Such disclosure

must include the approximate delivery date and number of tickets

guaranteed to be grouped together. If the reseller cannot guarantee

speciﬁc seats because the tickets are tentative, then the reseller

must also disclose the same. (Tenn. Code Ann. § 47-50-119)

• Refunds: If a reseller is unable to secure the tentative tickets

resold, the reseller must refund any deposit made by the purchase

within 10 days after the date of the event (Tenn. Code Ann. §

47-50-119)

Taxation:

• Retailers’ Sales Tax Act does not apply to tickets sold to a

Tennessee dealer for resale upon presentation of a resale

certiﬁcate. Dealers registered with the state for sales tax

purposes may purchase tickets for resale without payment of tax

upon presentation to the vendor of a valid certiﬁcate of resale

(Tenn. Code Ann. § 67-6-102-78(G) (eective until July 1, 2021);

Tenn. Code Ann. § 67-6-102-80(G) (eective July 1, 2021))

• Privilege tax does not apply to resales of tickets to events held at

municipal stadiums (Tenn. Code Ann. §7-3-202)

Applicable Statutes: Tenn. Code Ann. §§ 7-3-202; 39-17-1104;

47-50-118; 47-50-119; 67-6-102-78(G); and 151.432.

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Texas

Internet Website Domain Name Limits: Unless authorized by a

performer, organization, venue or event’s organizer, as applicable, it

is unlawful for a website operator to intentionally use an internet

domain name or any subdomain of the internet domain name in a

ticket website’s URL that contains:

• The name of a performer; organization or association associated

with a performer (including professional sports league), a venue

in Texas, or an exhibition, performance or event to be held at a

venue in Texas

• A trademark not owned by the website operator or

• Any name substantially similar to or a misspelling of a name

of a performer, organization or association associated with a

performer (including a professional sports league), a venue in

Texas, or an exhibition, performance or event to be held at a

venue in Texas (Tex. Bus. & Com. Code Title 10, Subtit. B, Ch. 327;

§§ 327.002; 327.003)

Applicable Statutes: Tex. Bus. & Com. Code Title 10, Subtit. B, Ch.

327; §§ 327.002; 327.003; and Tex. Tax Code § 151.432.

City of Allen, Texas

Geographic Limits: It is unlawful for a person to resell or attempt

to resell within the city a ticket to a public event:

• Unless the person is within a structure for which a certiﬁcate

of occupancy has been issued, unless such person is the event

sponsor or is authorized to resell the ticket or other admission

license by the event sponsor or

• Within 1,000 feet of the public event (Allen, Texas Code of

Ordinances § 11-46)

Price Cap: It is unlawful for a person to sell, resell or attempt to

resell within the city a ticket to a public event for an amount greater

than the face value or original retail value of the ticket or admission

license. (Allen, Texas Code of Ordinances § 11-46)

Applicable Ordinance: Allen, Texas Code of Ordinances § 11-46.

City of Bedford, Texas

Geographic and Price Restrictions: It is unlawful to sell or oer

to sell a ticket on a public street or other public place, at a price

more than the advertised or printed price, unless the owner, lessee,

operator or manager of the place of the public amusement event

provides, in writing, a charge in excess of the box oce price.

Applicable Ordinance: City Bedford, Texas Code of Ordinances §

82-9.

City of Frisco, Texas

Price Cap: It is unlawful for any person to resell or oer to resell a

ticket to an event for a price in excess of the price authorized to be

oered to the general public by the event sponsor on:

• Any city property

• Any property owned, leased or managed by the event sponsor

• The area within the boundaries of State Highway 121, Preston

Road Warren Parkway and Legacy Drive or

• The area within the boundaries of Lebanon Road, Preston Road,

Eldorado Parkway and Legacy Drive

Applicable Ordinance: Frisco, Texas Code of Ordinances § 22-111.

City of Helotes, Texas

Price Cap: It is unlawful for a person to resell a ticket at a price

exceeding its face value to an event on public property or a public

street within the city, unless the reseller is the event sponsor or is

authorized by the event sponsor to so resell tickets (in which event

there is no price restriction). (Helotes, Texas Code of Ordinances §

58-61)

Applicable Ordinances: Helotes, Texas Code of Ordinances §§ 58-

60; 58-61; and 58-62.

City of Princeton, Texas

Price Cap: It is unlawful for any person to resell or oer to resell

a ticket to an event for a price in excess of the price authorized to

be oered to the general public by the event sponsor on any city

property, or any property owned, leased or managed by the event

sponsor.

Applicable Ordinance: Princeton, Texas Code of Ordinances §

46-84.

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Utah

Representation as a Primary Ticket Seller: It is unlawful for

any person who is not a primary ticket seller to represent, directly

or indirectly, that the person is a primary ticket seller. The following

actions by a person who is not a primary ticket seller may establish

a presumption that the person is representing that the person is a

primary ticket seller:

• Using the name of an event in the domain of the person’s ticket

website, unless the person has written authorization from an

agent of the event

• Using the name of an event participant in the domain of

the person’s ticket website, unless the person has written

authorization from the event participant or an agent of the event

participant or

• Using, in paid search results, the name of an event or event

participant in a manner described above (Utah Code Ann. §13-54-

202)

Exception: These prohibitions do not prohibit a person from

including the name of an event or an event participant in a URL

after the top-level domain.

Website Disclosure Requirements: A reseller or ticket

aggregator (a person who aggregates the price for which

other persons oer tickets for sale or resale) must clearly and

conspicuously disclose on each of its ticket websites that the

website is a secondary market and is not the primary ticket seller

and that the price of a ticket on the website may be higher than face

value. (Utah Code Ann. § 13-54-201)

Checkout Disclosure Requirements: A reseller must clearly and

conspicuously disclose during the checkout process an itemization of

the total price for which the reseller is oering the ticket for sale or

resale, including taxes and each fee. (Utah Code Ann. § 13-54-201)

Transferability: Eective January 1, 2020, every ticket issued for

an event must be a transferrable ticket.

Restricted Tickets: Eective January 1, 2020:

• Limit on Number of Restricted Tickets per Event: Up to

10% of the total number of tickets issued for an event may be

non-transferrable (restricted) tickets. This includes each ticket

that provides access to the event, regardless of whether the ticket

is made available for sale, but does not include a ticket that is

part of a youth basketball program associated with a professional

sports team where tickets are donated or issued at a reduced rate

• Annual Limit on Restricted Tickets: Each calendar year, an

unlimited number of restricted tickets may be issued for up to

10% of the total concert and theater events held at the same

venue during the calendar year

• Notice of Restriction: A person who issues a restricted ticket

must provide the purchaser a clear and conspicuous written

notice that states the ticket may not be resold or transferred

• Antidiscrimination: It is unlawful to discriminate against an

individual or deny an individual admission to an event solely

because the individual purchased a resold ticket to the event

independent of the person who issued the ticket (Utah Code Ann.

§ 13-56-201)

Applicable Statutes: Utah Code Ann. §§ 13-54-102; 13-54-103;

13-54-201; and 13-54-202.

Vermont

Prohibited Software. It is unlawful to intentionally use software

to interfere with or circumvent the equitable buying process

established on a ticket seller’s website.

Applicable Statute: V.S.A. § 4190.

Table of Contents

Virginia

Deference to Local Authority: Any locality may state, by

ordinance, that it is unlawful for any person to resell for proﬁt any

ticket for admission to any event open to the public, except in the

case of religious, charitable or educational organizations where all

or a portion of the admission price reverts to the sponsoring group

and the resale for proﬁt of such ticket is authorized by the sponsor

of the event and the manager or owner of the venue. (Va. Code Ann.

§ 15.2-969)

Internet Exception: Localities may not declare unlawful any resale

of a ticket that occurs on the internet. (Va. Code Ann. § 15.2-969)

Prohibited Resale Restrictions: Tickets may not be issued via

a delivery method that substantially prevents the ticket purchaser

from lawfully reselling the ticket on the internet ticketing platform

of the ticket purchaser’s choice. No person may be discriminated

against or denied admission to an event solely on the basis that the

person resold a ticket, or purchased a resold ticket, on an internet

ticketing platform. (Va. Code Ann. § 59.1-466.6)

Exceptions: The ban on resale restrictions does not apply to:

• Student tickets issued for an event at an auxiliary enterprise

facility ﬁnanced with bonds or

• Any concert or theater venue located within or adjacent to

a national park that oers yearly memberships that include

concert or theater tickets (Va. Code Ann. § 59.1-466.6)

Applicable Statutes: Va. Code Ann. §§ 15.2-969;59.1-466.5;59.1-

466.6; and59.1-466.7.

Hanover County, Virginia

Price Cap: It is unlawful for any person or entity to resell for proﬁt

(i.e., above face value) any ticket to any sporting event, theatrical

production, lecture, motion picture or any other event open to the

public for which tickets are ordinarily sold, except with respect to

religious, charitable or educational organizations where all or a

portion of the admission price reverts to the sponsoring group and

the resale for proﬁt of such tickets is authorized by the sponsor of

the event, the manager or owner of the facility in which the event is

being held.

Applicable Ordinance: Hanover County, Virginia Code of

Ordinances § 17-20.

Henrico County, Virginia

Price Cap: It is unlawful for any person or entity to resell for

proﬁt any ticket to any sporting event, theatrical production,

lecture, motion picture or any other event open to the public for

which tickets are ordinarily sold, except with respect to religious,

charitable or educational organizations where all or a portion of the

admission price reverts to the sponsoring group and the resale for

proﬁt of such tickets is authorized by the sponsor of the event, the

manager or owner of the facility in which the event is being held.

Applicable Ordinance: Henrico County, Virginia Code of

Ordinances § 13-25.