Connecticut Seal

General Assembly

 

Raised Bill No. 5228

February Session, 2010

 

LCO No. 1099

 

*01099_______GL_*

Referred to Committee on General Law

 

Introduced by:

 

(GL )

 

AN ACT CONCERNING THE SALES OF EVENT TICKETS ON THE SECONDARY MARKET.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2010) (a) No person shall apply a term or condition on the original sale of a ticket to an entertainment event, including, but not limited to, a sporting event, concert or theatrical or operatic performance, if such term or condition limits the ticket purchaser's ability to resell such ticket. Such a prohibited term or condition includes, but is not limited to, terms or conditions that: (1) Restrict ticket resale of any part or all of a subscription or season ticket package as a condition of purchase of such package, (2) require compliance with such term or condition to retain a ticket for the duration of a subscription term or season, (3) require a ticket purchaser to comply with such term or condition to retain his or her contractually agreed-upon rights to purchase future subscriptions or season ticket packages, or (4) impose a sanction on the ticket purchaser if the sale of the ticket is not through a reseller approved by the operator of the event.

(b) No person who regulates admission to an entertainment event shall deny access to such event to a person in possession of a validly purchased ticket to the event, regardless of whether the ticket is subject to a subscription or season ticket package agreement, based solely on the ground that such ticket was resold through a reseller that was not approved by the operator of the event.

(c) Nothing in this section shall be construed to prohibit an operator of an entertainment event from prohibiting the resale of a contractual right in a season ticket package agreement that gives the original purchaser a priority or other preference to enter into a subsequent season ticket package agreement with such operator.

(d) Nothing in this section shall be construed to prohibit an operator of an entertainment event from maintaining and enforcing policies regarding conduct or behavior at or in connection with such operator's venue. An operator may revoke or restrict a ticket for reasons relating to a violation of written venue policies reasonably related to the protection of the safety of patrons or to address fraud or misconduct in connection with the sale or use of such ticket.

Sec. 2. (NEW) (Effective October 1, 2010) (a) No person shall prohibit the resale or offering for resale of a ticket to any entertainment event, including, but not limited to, a sporting event, concert or theatrical or operatic performance.

(b) No person who regulates admission to an entertainment event shall deny access to such event to a ticket holder who possesses a resold ticket, subscription or season ticket based solely on the grounds that such ticket has been resold.

(c) Nothing in this section shall be construed to prohibit an operator of an entertainment event from maintaining and enforcing policies regarding conduct or behavior at or in connection with the operator's venue.

Sec. 3. (NEW) (Effective October 1, 2010) Each owner, lessee, operator or manager of a venue for an entertainment event, including, but not limited to, a sporting event, concert or theatrical or operatic performance, and each primary seller of tickets for such entertainment event shall release the following information to the Commissioner of Consumer Protection or such commissioner's duly authorized agent, upon request, for a specified entertainment event: (1) The total number of tickets available for the event, (2) the number and percentage of tickets released by such owner, lessee, operator or manager for sale to the public, (3) the number and percentage of tickets held back for each event, (4) the number and percentage of tickets not available for sale to the general public, (5) the number and percentage of tickets released only through package purchases or fan club purchases for each event, and (6) the number and percentage of tickets for the venue that are unavailable due to stage design or are otherwise unavailable for purchase to the general public due to maintenance or other issues that prevent the use of seats in the venue.

Sec. 4. (NEW) (Effective October 1, 2010) (a) No person shall intentionally use or sell software to circumvent a security measure, an access control system or a control or measure used to ensure an equitable ticket purchasing process on a ticket seller's Internet web site. For purposes of this subsection, "software" means a computer program that is primarily designed or produced for the purpose of interfering with the operation of any person who sells admission tickets to entertainment events, including, but not limited to, sporting events, concerts or theatrical or operatic performances.

(b) Any person who violates the provisions of subsection (a) of this section shall be guilty of a class B misdemeanor.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2010

New section

Sec. 2

October 1, 2010

New section

Sec. 3

October 1, 2010

New section

Sec. 4

October 1, 2010

New section

Statement of Purpose:

To protect consumers who purchase tickets to sporting and entertainment events.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]