New Jersey-2024-A3021-Introduced

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

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

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

2. As used in this act:

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

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

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

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

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

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

c. An issuer may:

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

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

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

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

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

6. This act shall take effect immediately.

STATEMENT

This bill, the "New Jersey Ticket Consumer Choice Act," would guarantee the right of New Jersey ticket purchasers to opt-out of ticket restrictions that limit their ability to use, sell, or give away the tickets they have purchased.

Specifically, this bill allows ticket issuers to sell tickets through a ticketing system that restricts the rights of consumers to resell their tickets only if, at the time of the initial sale, the consumer is offered the option to purchase the same ticket in a form not subject to restrictions by the issuer. Issuers would be permitted, however, to sell or give away tickets in a non-transferable form in the context of targeted promotions or private events.

The bill prohibits any penalty or discrimination against a ticket holder solely because the ticket was resold or because of the specific ticket platform on which the ticket was resold. The bill provides for the recognition of the rights of issuers and venue owners and operators to institute policies governing overall operation of entertainment events and ticket sales. In addition, the bill removes the existing statutory caps on the resale prices of tickets. The consumer choice provisions of this bill protecting the right of ticket purchasers to resell their tickets have been in effect in New York State for six years.

This bill provides an exemption to issuers of tickets for an entertainment event held in a venue owned or operated by an entity which is subject to a hotel and motel occupancy fee and located in a city the governing body of which has levied a retails sales tax.