California Assembly Bill AB329 Amended / Bill

 BILL NUMBER: AB 329AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 18, 2013 AMENDED IN ASSEMBLY MARCH 21, 2013 INTRODUCED BY Assembly Member Pan  (   Coauthors:   Assembly Members   Fong   and Wieckowski   )   (   Coauthors:   Senators   Beall   and Cannella   )  FEBRUARY 13, 2013 An act to  repeal and add   amend Sections 22501, 22502, 22502.1, 22502.2, 22502.3, and 22507 of, to amend the heading of  Chapter 21 (commencing with Section 22500) of Division 8 of  , to amend and renumber Section 22500 of, to add Section 22500 to, to repeal Sections 22503.5, 22503.6, and 22511 of, and to repeal and add Sections 22503, 22504, 22506, 22508, 22509, and 22510 of,  the Business and Professions Code, relating to  ticket issuers   business  . LEGISLATIVE COUNSEL'S DIGEST AB 329, as amended, Pan. Ticket issuers and  resale ticket agents.   resellers.  Existing law provides  for the  comprehensive regulation of ticket sellers,  including requiring   and, among other things, requires  disclosure of specified information to consumers  , maintaining records,   and the maintenance of records  and  maintaining  a permanent business address  , among other provisions  . Existing law provides that a violation of the laws regulating ticket sellers is a misdemeanor. This bill would  repeal and  revise  and recast  these provisions to regulate ticket issuers and  resale ticket agents   extend certain requirements to ticket resellers  , as defined, regarding, among other things, restrictions placed on the resale of event tickets,  as defined,  consumer protection requirements, and the imposition of civil penalties  based on   for  a violation of  these provisions   specified requirements  . The bill would further provide that a person who intentionally uses software to circumvent a  security measure, access control system, or other control or  measure on a ticket issuer's or  resale  ticket  agent's website   reseller's Internet Web site  that is used to ensure an equitable ticket buying process is guilty of a misdemeanor.  The bill would authorize the Department of Consumer Affairs to issue regulations to implement these provisions, as specified.  Because this bill would create a new crime  and expand the scope of an existing crime  , it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The heading of Chapter 21 (commencing with Section 22500) of Division 8 of the   Business and Professions Code   is amended to read:  CHAPTER 21. TICKET  SELLERS   ISSUERS AN   D TICKET RESELLERS   SEC. 2.   Section 22500 is added to the   Business and Professions Code   , to read:   22500. For purposes of this chapter: (a) "Event" means any concert, theatrical performance, sporting event, exhibition, show, or similar scheduled activity taking place in the state that is open to the general public, for which an admission fee is charged, and that is held in a venue accommodating more than 1,000 people, including, but not limited to, venues for which public funding has been provided for the construction, maintenance, or operation of the venue or any infrastructure related thereto or that are located on property owned by a municipality or other government entity. (b) "Event ticket" means any physical, electronic, or other form of a certificate, document, voucher, token, or other evidence indicating that the bearer, possessor, or person entitled to possession through purchase or otherwise has either a revocable or irrevocable right, privilege, or license to enter an event venue or occupy a particular seat or area in a venue with respect to one or more events or an entitlement to purchase that right, privilege, or license with respect to one or more future events. (c) "Online marketplace" means an Internet Web site that provides a forum for the resale of event tickets. "Online marketplace" does not include the Internet Web site of a reseller or ticket issuer, unless that reseller or ticket issuer provides a forum for the resale of event tickets on its Internet Web site. (d) "Person" means any natural person, partnership, corporation, association, or other legal entity. (e) "Public funding" means the provision by the state, any county, city and county, municipality, or other subdivision of the state, or by any local development corporation or similar instrumentality whose creation was authorized by the state or by any county, city and county, municipality, or other subdivision of the state, of funding, grants, payments, or financial support, including the use of public funds through or from the use of the issuance of tax-exempt bonds, payments in lieu of taxes, property tax abatements, lotteries, sales taxes, or levies on parking, hotels, alcohol, car rentals, cigarettes, or other goods or services. (f) "Resale" includes any form of transfer or alienation, or offering for transfer or alienation, of possession or entitlement to possession of an event ticket from one person to another, with or without consideration, whether in person or by means of telephone, mail, delivery service, facsimile, Internet, email, or other electronic means. "Resale" does not include the initial sale of an event ticket by a ticket issuer. (g) "Ticket issuer" means any person that makes event tickets available, directly or indirectly for initial sale, to the general public, and may include the operator of a venue, the sponsor or promoter of an event, a sports team participating in an event or a league whose teams are participating in an event, a theater company, musical group, or similar participant in an event, or an agent of any such person. "Ticket issuer" does not include a person involved in, or facilitating, event ticket resale, an officially appointed agent of an air carrier, ocean carrier, or motor coach carrier who purchases or sells event tickets in conjunction with a tour package accomplished through a primary event promoter or his or her agent by written agreement, or a nonprofit charitable organization that is exempt from tax under Section 501(c)(3) of the Internal Revenue Code. (h) "Ticket reseller" means any person engaging in the resale of event tickets. "Ticket reseller" does not include a person who resells no more than 80 event tickets in any 12-month period. (i) "Venue" means the theater, stadium, field, hall, or other facility where an event takes place.   SEC. 3.   Section 22500 of the   Business and Professions Code   is amended and renumbered to read:   22500.   22500.5.  (a) A ticket  seller   issuer or ticket reseller  shall have a permanent business address from which tickets may only be sold and that address shall be included in any advertisement or solicitation  , and   . A ticket issuer or ticket reseller  shall be duly licensed as may be required by any local jurisdiction. (b) A violation of this section shall constitute a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by fine not exceeding two thousand five hundred dollars ($2,500), or by both. (c) Any person who engages, has engaged, or proposes to engage in a violation of this section shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or a district attorney, or a city attorney of a city having a population in excess of 750,000, and, with the consent of the district attorney, by a city prosecutor in any city, county, or city and county having a full-time prosecutor in any court of competent jurisdiction. Payment of the civil penalty shall be made pursuant to the provisions of subdivision (b) of Section 17206. For the purposes of this section, each  event  ticket sold or offered for sale in violation of this section shall constitute a separate violation. The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.  SEC. 4.   Section 22501 of the   Business and Professions Code   is amended to read:  22501. A ticket  seller   issuer or ticket reseller  shall maintain records of  event ticket sales, deposits, and refunds.  SEC. 5.   Section 22502 of the  Business and Professions Code   is amended to read:  22502.  (a)    A ticket  seller   issuer or ticket reseller  shall, prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the  event  ticket or tickets.  (b) A ticket issuer or ticket reseller shall disclose that a service charge is imposed by the ticket issuer or ticket reseller and is added to the actual event ticket price by the issuer or ticket reseller in any advertisement or promotion for any event by the ticket issuer or ticket reseller.   (c) A ticket issuer or ticket reseller who includes tickets to an event in conjunction with the sale of a tour or event package, including, among other things, transportation, meals, lodging, or beverages, shall disclose in any advertisements or promotional materials the price charged or allotted for the event tickets.   SEC. 6.   Section 22502.1 of the   Business and Professions Code   is amended to read:  22502.1.  (a)    It shall be unlawful for a ticket  seller   issuer or ticket reseller  to contract for the sale of  event  tickets or accept consideration for payment in full or for a deposit for the sale of  event  tickets unless the ticket  seller   issuer or ticket reseller  meets one or more of the following requirements:  (a)   (1)  The ticket  seller  issuer or ticket reseller  has the  event  ticket in his or her possession.  (b)   (2)  The ticket  seller   issuer or ticket reseller  has a written contract to obtain the offered  event  ticket at a certain price from a person in possession of the  event  ticket or from a person who has a contractual right to obtain the  event  ticket from the primary contractor.  (c)   (3)  The ticket  seller   issuer or ticket reseller  informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two business days, that the seller does not have possession of the  event  tickets, has no contract to obtain the offered  event  ticket at a certain price from a person in possession of the  event  ticket or from a person who has a contractual right to obtain the  event  ticket from the primary contractor, and may not be able to supply the  event  ticket at the contracted price or range of prices.  Nothing   (b)     Nothing  in this section shall prohibit a ticket  seller   issuer or ticket reseller  from accepting a deposit from a prospective purchaser as part of an agreement that the ticket  seller   issuer or ticket reseller  will make best efforts to obtain  a   an event  ticket at a specified price or price range and within a specified time, provided that the ticket  seller   issuer or ticket reseller  informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice the disclosures otherwise required by this section.  SEC. 7.   Section 22502.2 of the   Business and Professions Code   is amended to read:  22502.2. It shall be unlawful for a ticket  seller   issuer or ticket reseller  to represent that he or she can deliver or cause to be delivered  a   an event  ticket at a specific price or within a specific price range and to fail to deliver within a reasonable time or by a contracted time the  event  tickets at or below the price stated or within the range of prices stated.  SEC. 8.   Section 22502.3 of the   Business and Professions Code   is amended to read:  22502.3. In addition to other remedies, a ticket  seller   issuer or ticket reseller  who violates Section 22502.1 or 22502.2 and fails to supply a   an event  ticket at or below a contracted price or within a contracted price range shall be civilly liable to the  event  ticket purchaser for two times the contracted price of the  event  ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorney's fees and court costs.  SEC. 9.   Section 22503 of the   Business and Professions Code   is repealed.   22503. A ticket seller, as used in this chapter, means any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event.   SEC. 10.   Section 22503 is added to the   Business and Professions Code   , to read:   22503. (a) Except as otherwise provided in this chapter, it shall be unlawful for any ticket issuer or its authorized agent to do any of the following: (1) Impose any terms or conditions restricting the transferability of an event ticket or otherwise prohibit a person from reselling the event ticket on an online marketplace not owned or operated by the ticket issuer or its authorized agent. (2) Impose any terms or conditions restricting the printing or forwarding of the event ticket, or impose any other pickup or transfer restrictions, for the purpose or with the foreseeable effect of prohibiting the resale or gratuitous transfer of an event ticket. (3) Employ technological measures for the purpose or with the foreseeable effect of prohibiting or restricting the resale or gratuitous transfer of an event ticket, including, but not limited to, issuing an event ticket in an electronic form that is not readily transferrable to a subsequent purchaser or user, or conditioning entry into the venue on presentation of a token, like the original purchaser's credit card or state-issued identification card, that cannot be readily transferred to a subsequent purchaser or user. (4) Seek to limit or restrict the price, or to impose a minimum or maximum price, at which an event ticket may be resold. (b) Except as otherwise provided in this chapter, it shall be unlawful for a ticket issuer or reseller to fail to meet the requirements of Section 22504.   SEC. 11.   Section 22503.5 of the   Business and Professions Code   is repealed.   22503.5. This chapter does not apply to any primary contractor or seller of tickets for the primary contractor operating under a written contract with the primary contractor. "Primary contractor" means the person or organization who is responsible for the event for which tickets are being sold.   SEC. 12.   Section 22503.6 of the   Business and Professions Code  is repealed.   22503.6. This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier or motor coach carrier who purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or his or her agent by written agreement.   SEC. 13.   Section 22504 of the   Business and Professions Code   is repealed.   22504. This chapter does not apply to any person who sells six tickets or less to any one single event, provided the tickets are sold off the premises where the event is to take place, including, but not limited to, designated parking areas and points of entry to the event.   SEC. 14.   Section 22504 is added to the   Business and Professions Code   , to read:  22504. (a) A ticket issuer or ticket reseller shall maintain a toll-free telephone number for complaints and inquiries regarding its activities in the sale or resale of event tickets. (b) A ticket issuer or ticket reseller shall implement and reasonably publicize a standard refund policy that meets, at the minimum, the requirements of Section 22506. A standard refund policy may condition entitlement to a refund upon timely return of the event ticket purchased and may include reasonable safeguards against abuse of the policy. (c) Nothing in this section shall be construed to prohibit any person subject to this section from implementing consumer protection policies that exceed the minimum standards set forth in this section and that are otherwise in compliance with this chapter.   SEC. 15.   Section 22506 of the   Business and Professions Code   is repealed.   22506. Any partial or full deposit received by a ticket seller on a future event for which tickets are not available shall be refundable except for a service charge of not more than 10 percent until tickets for the event are actually available.   SEC. 16.   Section 22506 is added to the   Business and Professions Code   , to read:   22506. A ticket issuer or ticket reseller shall do all of the following: (a) Provide a consumer who purchases an event ticket a full refund if the event is canceled before the scheduled occurrence of the event and is not rescheduled, the event ticket received by the purchaser is counterfeited, the event ticket is canceled by the ticket issuer for nonpayment by the original purchaser or for any reason other than an act or omission of the consumer, the event ticket materially, and to the detriment of the consumer, fails to conform to the description provided by the seller or reseller, or the event ticket was not delivered to the consumer prior to the occurrence of the event, unless the failure of delivery was due to any act or omission of the consumer. (b) Include in the full refund required under subdivision (a) the full price paid by the consumer for the event ticket, together with any fees charged in connection with that purchase, including, but not limited to, convenience fees, processing fees, at-home printing charges, shipping and handling charges, and delivery fees.   SEC. 17.   Section 22507 of the   Business and Professions Code   is amended to read:  22507.  The ticket price of any event which is canceled, postponed, or rescheduled shall be fully refunded to the purchaser by the ticket seller upon request.   (a)    Any local jurisdiction may require a ticket  seller   issuer or ticket reseller  to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section.  (b) Nothing in this chapter prohibits any local agency from imposing any local fees or taxes.   SEC. 18.   Section 22508 of the   Business and Professions Code   is repealed.   22508. A ticket seller shall disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller.   SEC. 19.   Section 22508 is added to the   Business and Professions Code   , to read:   22508. A person who intentionally uses or sells software to circumvent a security measure, access control system, or other control or measure on a ticket issuer's or ticket reseller's Internet Web site that is used to ensure an equitable ticket buying process is guilty of a misdemeanor.   SEC. 20.   Section 22509 of the   Business and Professions Code   is repealed.   22509. Any ticket seller who includes tickets to an event in conjunction with the sale of a tour or event package, including, among other things, transportation, meals, lodging, or beverages, shall disclose in any advertisements or promotional materials the price charged or allotted for the tickets.   SEC. 21.   Section 22509 is added to the   Business and Professions Code   , to read:   22509. Nothing in this chapter shall be construed to invalidate restrictions on the resale of event tickets imposed by either of the following: (a) Sponsors or promoters of events intended solely to benefit charitable endeavors for which all event tickets are distributed free of charge. (b) Nonprofit educational institutions with respect to athletic events involving athletes or teams of those institutions, to the extent the restrictions apply to event tickets initially distributed to students, faculty, staff members, or alumni without charge or to members of a bona fide booster organization consisting of those making substantial financial contributions to the institution.   SEC. 22.   Section 22510 of the   Business and Professions Code   is repealed.   22510. Nothing in this chapter prohibits any local agency from imposing any local fees or taxes.   SEC. 23.   Section 22510 is added to the   Business and Professions Code   , to read:   22510. The Department of Consumer Affairs may issue regulations to implement the provisions of this chapter, including, but not limited to, regulations that do both of the following: (a) Prescribe allowable methods for marking of public sales tickets, including, but not limited to, the marking of event tickets that are not tangible. (b) Define categories of persons otherwise subject to this chapter who are temporarily or indefinitely excluded from the provisions of this chapter, or against whom the Attorney General determines to forbear the enforcement of this chapter in whole or in part, if the Attorney General determines the activities of those persons have a relatively insignificant impact on commerce in event tickets.   SEC. 24.   Section 22511 of the   Business and Professions Code   is repealed.   22511. This chapter does not apply to any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization.   SEC. 25.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   SECTION 1.   Chapter 21 (commencing with Section 22500) of Division 8 of the Business and Professions Code is repealed.   SEC. 2.   Chapter 21 (commencing with Section 22500) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 21. TICKET ISSUERS AND RESALE TICKET AGENTS 22500. For purposes of this chapter: (a) "Event" means any concert, theatrical performance, sporting event, exhibition, show, or similar scheduled activity taking place in the state that is open to the general public, for which an admission fee is charged, and that is held in a venue accommodating more than 1,000 people, including, but not limited to, venues for which public funding has been provided for the construction, maintenance, or operation of the venue or any infrastructure related thereto or that are located on property owned by a municipality or other government entity. (b) "Event ticket" means any physical, electronic, or other form of a certificate, document, voucher, token, or other evidence indicating that the bearer, possessor, or person entitled to possession through purchase or otherwise has either a revocable or irrevocable right, privilege, or license to enter an event venue or occupy a particular seat or area in a venue with respect to one or more events or an entitlement to purchase that right, privilege, or license with respect to one or more future events. (c) "Person" means any natural person, partnership, corporation, association, or other legal entity. (d) "Public funding" means the provision by the state, any county, city and county, municipality, or other subdivision of the state, or by any local development corporation or similar instrumentality whose creation was authorized by the state or by any county, city and county, municipality, or other subdivision of the state, of funding, grants, payments, or financial support, including the use of public funds through or from the use of the issuance of tax-exempt bonds, payments in lieu of taxes, property tax abatements, lotteries, sales taxes, or levies on parking, hotels, alcohol, car rentals, cigarettes, or other goods or services. (e) "Resale" includes any form of transfer or alienation, or offering for transfer or alienation, of possession or entitlement to possession of an event ticket from one person to another, with or without consideration, whether in person or by means of telephone, mail, delivery service, facsimile, internet, e-mail, or other electronic means. "Resale" shall not include the initial sale of an event ticket by a ticket issuer. (f) "Resale ticket agent" means any person engaging in the resale of tickets or any person providing a physical or electronic marketplace for the sale or resale of event tickets by other persons. A "resale ticket agent" shall not include a person who resells no more than 80 event tickets in any 12-month period. (g) "Ticket issuer" means any person that makes event tickets available, directly or indirectly for initial sale, to the general public, and may include the operator of a venue, the sponsor or promoter of an event, a sports team participating in an event or a league whose teams are participating in an event, a theater company, musical group, or similar participant in an event, or an agent of any such person. "Ticket issuer" shall not include a person involved in, or facilitating, event ticket resale, an officially appointed agent of an air carrier, ocean carrier, or motor coach carrier who purchases or sells tickets in conjunction with a tour package accomplished through a primary event promoter or his or her agent by written agreement, or a nonprofit charitable organization that is exempt from tax under Section 501(c)(3) of the Internal Revenue Code. (h) "Venue" means the theater, stadium, field, hall, or other facility where an event takes place. 22501. (a) Except as otherwise provided in this chapter, it shall be unlawful for any ticket issuer to do any of the following: (1) Prohibit or restrict the resale or offering for resale of an event ticket by a lawful possessor thereof. (2) Purport to impose license or contractual terms on the initial sale of event tickets that prohibit resale of the event ticket, including, but not limited to, terms printed on the back of a physical event ticket, or that restrict the price or other terms and conditions under which an event ticket may be resold or transferred. (3) Require the purchaser of an event ticket, whether for a single event or for a series or season of events, to agree not to resell the event ticket, or to resell the event ticket only through a specific means approved by the ticket issuer. (4) Bring legal action based on an unlawful prohibition or restriction on the resale of an event ticket against any of the following: (A) A purchaser who resells or offers to resell an event ticket without permission of the ticket issuer or in violation of a restriction purportedly imposed by the ticket issuer. (B) A person or persons who facilitate or provide services for the resale of event tickets without the permission of the ticket issuer or in violation of a restriction purportedly imposed by the ticket issuer. (C) An operator of a physical or electronic marketplace in which an event ticket is offered for resale without the permission of the ticket issuer or in violation of a restriction purportedly imposed by the ticket issuer. (4) Impose a penalty on a ticket purchaser that resells or offers to resell an event ticket without permission of the ticket issuer or in violation of a restriction purportedly imposed by the ticket issuer or treat that ticket purchaser in any material way less favorably than a similarly situated ticket purchaser that does not resell or offer to resell an event ticket or that complies with any resale restrictions purportedly imposed by the ticket issuer. (5) Employ technological means for the purpose, or with the foreseeable effect of, prohibiting or restricting the resale of event tickets, including, but not limited to, issuing event tickets in an electronic form that is not readily transferrable to a subsequent purchaser or conditioning entry into the venue on presentation of a token, like the original purchaser's credit card or state-issued identification card, that cannot be readily transferred to a subsequent purchaser. (6) Seek to limit or restrict the price, or to impose a minimum or maximum price, at which an event ticket may be resold. (b) Except as otherwise provided in this chapter, it shall be unlawful for a resale ticket agent or ticket issuer to fail to meet the requirements of Section 22503. 22502. (a) A resale ticket agent or ticket issuer shall maintain a toll-free telephone number for complaints and inquiries regarding its activities in the sale or resale of event tickets. (b) A resale ticket agent or ticket issuer shall implement and reasonably publicize a standard refund policy that meets the minimum standards stated in subdivision (c). (c) A standard refund policy shall do the following: (1) Provide a consumer who purchases an event ticket a full refund if the event is canceled before the scheduled occurrence of the event and is not rescheduled, the event ticket received by the purchaser is counterfeited, the event ticket is canceled by the ticket issuer for nonpayment by the original purchaser or for any reason other than an act or omission of the consumer, the event ticket materially, and to the detriment of the consumer, fails to conform to the description provided by the seller or reseller, or the event ticket was not delivered to the consumer prior to the occurrence of the event, unless the failure of delivery was due to any act or omission of the consumer. (2) Include in a full refund the full price paid by the consumer for the event ticket, together with any fees charged in connection with that purchase, including, but not limited to, convenience fees, processing fees, at-home printing charges, shipping and handling charges, and delivery fees. (d) A standard refund policy may condition entitlement to a refund upon timely return of the event ticket purchased and may include reasonable safeguards against abuse of the policy. (e) Nothing in this section shall be construed to prohibit any person subject to this section from implementing consumer protection policies that exceed the minimum standards set forth in this section and that are otherwise in compliance with this chapter. 22503. (a) (1) A resale agent or ticket issuer that violates this chapter shall be subject to a civil action brought in the name of the people of the State of California by the Attorney General. The civil action may either enjoin further violation of this chapter by the defendant or impose a civil penalty, not to exceed one hundred thousand dollars ($100,000), in a amount equal to the greater of the actual monetary loss suffered by those residents of the state or an amount determined under paragraph (2). Payment of the civil penalty shall be made pursuant to the provisions of subdivision (c) of Section 17206. (2) The amount of damages determined under this paragraph shall be calculated by multiplying the number of violations of this chapter by an amount not greater than one hundred dollars ($100). For the purposes this section, each ticket sold or offered for sale in violation of this chapter shall constitute a separate violation. (3) Notwithstanding the civil penalty limitation in paragraph (1), a court may increase a civil penalty to an amount equal to not more than three times the amount otherwise available under this subdivision if the defendant was previously found to have violated this chapter in a civil action. (b) In the case of a successful action under subdivision (a), a court, in its discretion, may award the costs of the action and reasonable attorney's fees. (c) Any claim made under this section shall be filed with a court of competent jurisdiction within two calendar years after the violation. 22504. A person who intentionally uses or sells software to circumvent a security measure, an access control system, or other control or measure on a ticket issuer's or resale ticket agent's Internet Web site that is used to ensure an equitable ticket buying process, is guilty of a misdemeanor. 22505. Nothing in this chapter shall be interpreted to invalidate restrictions on the resale of event tickets imposed by either: (a) Sponsors or promoters of events intended solely to benefit charitable endeavors for which all event tickets are distributed free of charge. (b) Nonprofit education institutions with respect to athletic events involving athletes or teams of those institutions, to the extent the restrictions apply to event tickets initially distributed to students, faculty, staff members, or alumni without charge or to members of a bona fide booster organization consisting of those making substantial financial contributions to the institution. 22506. The Department of Consumer Affairs may issue regulations to implement the provisions of this chapter, including, but not limited to, regulations that do both the following: (a) Prescribe allowable methods for marking of public sales tickets, including, but not limited to, the marking of event tickets that are not tangible. (b) Define categories of persons otherwise subject to this section who are temporarily or indefinitely excluded from the provisions of this chapter, or against whom the Attorney General determines to forebear from enforcement of the chapter in whole or in part, if the Attorney General determines the activities of those persons have a relatively insignificant impact on commerce in event tickets. 22507. A ticket seller shall maintain records of ticket sales, deposits, and refunds. 22508. Nothing in this chapter prohibits any local agency from imposing any local fees or taxes.   SEC. 3.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.