District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0224 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10	10
11	11
12	12	April 9, 2025
13	13
14	14	Nyasha Howard
15	15	Secretary to the Council
16	16	Council of the District of Columbia
17	17	1350 Pennsylvania Avenue, NW
18	18	Washington, D.C. 20004
19	19
20	20	Dear Secretary Howard:
21	21
22	22	Today, I am introducing the “Restricting Egregious Scalping Against Live Entertainment (RESALE)
23	23	Amendment Act of 2025”, along with Councilmembers Brianne K. Nadeau, Kenyan R. McDuffie, Matthew
24	24	Frumin, Christina Henderson, Janeese Lewis George, Robert C. White, Jr., and Zachary Parker. Please find
25	25	enclosed a signed copy of the legislation.
26	26
27	27	The District is home to world-class arts and live entertainment venues. Unfortunately, the experience of
28	28	buying a ticket to see an artist or musician at a concert here in the District is unfair, deceptive, and
29	29	frustrating for concertgoers. Once a show is announced and tickets are released, scalpers, using bots and
30	30	other technology, will typically flood the venue’s ticketing platform and buy up most of the tickets to
31	31	immediately resell them on secondary ticketing platforms like Stubhub, Vivid Seats, and SeatGeek, at an
32	32	egregiously higher price. As a result, not only are concertgoers fleeced and price gouged, but they are
33	33	denied a fair price and a fair opportunity to get initial tickets at face value. The higher prices that
34	34	concertgoers pay for a ticket on the secondary market never go to the artist or venue, and instead
35	35	exclusively benefit the scalper. Additionally, when a concertgoer buys a ticket on the secondary market,
36	36	the exact seat number or section of the venue is typically not disclosed until the ticket has been
37	37	transferred. A ticket for the same or similar seat can also have its price vary dramatically across different
38	38	platforms.
39	39
40	40	Another opaque practice used by scalpers that harms concertgoers is the offer of “speculative tickets” –
41	41	i.e., tickets that are not yet in their physical possession. For example, on March 28, 2025, the Sex Pistols
42	42	announced a show in the District this coming September. On the very same day, the secondary market
43	43	was offering $335 tickets for the show, even though tickets had not been released. When tickets are
44	44	released, the initial price will be $60. Not only is this practice deceptive, as scalpers are offering to sell
45	45	something that they do not actually have, it denies musicians the opportunity to set prices for their own
46	46	shows.
47	47
48	48	The RESALE Amendment Act of 2025 will protect artists, venues, and consumers in the District from unfair
49	49	and deceptive practices in the live event ticket market by: 2
50	50
51	51	• Capping the price of tickets sold on a secondary ticket platform at the total price of the initial
52	52	ticket plus up to 10% of the total price of the initial ticket;
53	53	• Banning the sale of “speculative tickets”;
54	54	• Requiring a reseller that sells or offers to sell 50 or more tickets a year to register annually with
55	55	the Department of Licensing and Consumer Protection and to require that registered resellers
56	56	provide certain information to the Department and maintain a surety bond of no less than
57	57	$10,000;
58	58	• Requiring “all-in” pricing and clarifying the existing Consumer Protection Procedures Act
59	59	obligation with language specifying that ticket issuers, resellers, and secondary ticket exchanges
60	60	must clearly and conspicuously disclose upfront certain information regarding ticket pricing;
61	61	• Laying out when refunds must be provided to consumers;
62	62	• Prohibiting a ticket issuer from restricting the transferability of a ticket unless the terms and
63	63	conditions on transferability are clearly disclosed to the consumer prior to purchase;
64	64	• Allowing ticket issuers to maintain and enforce policies and conditions or requirements for ticket
65	65	purchase with respect to conduct, behavior, public health and safety, or age at the venue or event,
66	66	and establish limits on the amount of tickets that can be purchased;
67	67	• Requiring a ticket issuer or secondary ticket platform to maintain reasonable technology to
68	68	prevent any machine, device, computer program, or computer software, with or without human
69	69	assistance, from bypassing security measures or access control systems designed to limit the
70	70	number of tickets that can be purchased by a person on a marketplace for initial purchase or
71	71	secondary ticket exchange;
72	72	• Imposing responsibilities on secondary ticket exchanges to ensure fair practices in the secondary
73	73	market;
74	74	• Requiring the Mayor to issue rules to implement provisions governing the registration of resellers;
75	75	and
76	76	• Providing for civil penalties of $5,000 for the first violation and $10,000 for the second and
77	77	subsequent violations.
78	78	This legislation is supported by I.M.P., which owns the 9:30 Club, The Anthem, The Atlantis, and manages
79	79	the Lincoln Theatre, 30 local venues and music organizations, including the National Independent Venue
80	80	Association, and the Office of the Attorney General.
81	81
82	82	Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions or for
83	83	additional information.
84	84
85	85	Sincerely,
86	86
87	87
88	88
89	89	Councilmember Charles Allen, Ward 6
90	90	Chairperson, Committee on Transportation & the Environment
91	91	1
92	92	___________________________ ______________________________ 1
93	93	Councilmember Brianne K. Nadeau Councilmember Charles Allen 2
94	94	3
95	95	4
96	96	___________________________ ______________________________ 5
97	97	Councilmember Kenyan R. McDuffie Councilmember Matthew Frumin 6
98	98	7
99	99	8
100	100	___________________________ ______________________________ 9
101	101	Councilmember Christina Henderson Councilmember Janeese Lewis George 10
102	102	11
103	103	12
104	104	___________________________ ___________________________ 13
105	105	Councilmember Robert C. White, Jr. Councilmember Zachary Parker 14
106	106	15
107	107	16
108	108	17
109	109	18
110	110	A BILL 19
111	111	20
112	112	________ 21
113	113	22
114	114	23
115	115	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
116	116	25
117	117	_________________ 26
118	118	27
119	119	28
120	120	To amend Title 28 of the District of Columbia Official Code to protect artists, venues, and 29
121	121	consumers in the District from unfair and deceptive practices in live event ticket 30
122	122	purchases by clarifying a ticket issuer, reseller, or secondary ticket exchange’s existing 31
123	123	obligation under the Consumer Protection Procedures Act, like in all industries, to clearly 32
124	124	and conspicuously disclose upfront certain information regarding ticket pricing, to 33
125	125	prescribe procedures governing the provision of refunds, to prohibit the sale of 34
126	126	speculative tickets, to prohibit a ticket issuer from restricting the transferability of a ticket 35
127	127	unless the terms and conditions on transferability are clearly disclosed to the consumer 36
128	128	prior to purchase, to permit ticket issuers to maintain and enforce policies and conditions 37
129	129	or requirements for ticket purchase with respect to conduct, behavior, public health and 38
130	130	safety, or age at the venue or event, and establish limits on the amount of tickets that can 39
131	131	be purchased, to require a ticket issuer or secondary ticket exchange to maintain 40
132	132	reasonable technology to prevent any machine, device, computer program, or computer 41
133	133	software, with or without human assistance, from bypassing security measures or access 42
134	134	control systems designed to limit the number of tickets that can be purchased by a person 43
135	135	on a marketplace for initial purchase or secondary ticket exchange, to require a reseller 44
136	136	that sells or offers to sell 50 or more tickets a year to register annually with the 45
137	137	Department of Licensing and Consumer Protection and to require that registered resellers 46
138	138	provide certain information to the Department and maintain a surety bond of no less than 47
139	139	$10,000, to impose responsibilities on secondary ticket exchanges, to prohibit the price of 48
140	140	2
141	141	tickets sold on a secondary ticket exchange from exceeding the total price of the initial 49
142	142	ticket plus up to 10% of the total price of the initial ticket, to require the Mayor to issue 50
143	143	rules to implement provisions governing the registration of resellers, and to provide for 51
144	144	civil penalties of $5,000 for the first violation and $10,000 for the second and subsequent 52
145	145	violations of this chapter. 53
146	146	54
147	147	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 55
148	148	act may be cited as the “Restricting Egregious Scalping Against Live Entertainment (RESALE) 56
149	149	Amendment Act of 2025”. 57
150	150	Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows: 58
151	151	(a) The table of contents is amended by adding a new chapter designation to read as 59
152	152	follows: 60
153	153	“55. Sale and Resale of Event Tickets.”. 61
154	154	(b) A new Chapter 55 is added to read as follows: 62
155	155	“CHAPTER 55. SALE AND RESALE OF EVENT TICKETS. 63
156	156	“28-5501. Definitions. 64
157	157	“28-5502. Ticket disclosure and refund requirements. 65
158	158	“28-5503. Prohibition on the sale or offer to sell of speculative tickets. 66
159	159	“28-5504. Transferability of tickets. 67
160	160	“28-5505. Requirement of reasonable technology for a ticket issuer and secondary ticket 68
161	161	exchange. 69
162	162	“28-5506. Reseller registration and reporting requirements. 70
163	163	“28-5507. Secondary ticket exchange responsibilities. 71
164	164	“28-5508. Price cap for tickets on secondary ticket exchange. 72
165	165	“28-5509. Rules. 73
166	166	“28-5510. Penalties and enforcement. 74
167	167	“§ 28-5501. Definitions. 75
168	168	3
169	169	“For the purposes of this chapter, the term: 76
170	170	“(1) “Department” means the Department of Licensing and Consumer Protection. 77
171	171	“(2) "Resale" means the second or subsequent sale of a ticket by any method, 78
172	172	including in-person transactions, telephone, mail, e-mail, facsimile, or electronic means through 79
173	173	a website or mobile application. 80
174	174	“(3) "Reseller" means a person engaged in the resale of tickets. 81
175	175	“(4) "Secondary ticket exchange" means an electronic marketplace that enables a 82
176	176	person to sell, purchase, and resell tickets. 83
177	177	“(5) "Speculative ticket" means a ticket that is not in the actual or constructive 84
178	178	possession of a reseller at the time of listing, sale, or advertisement, including tickets that are not 85
179	179	owned by the reseller or not under contract to be transferred to the reseller. 86
180	180	“(6) "Ticket" means any form of physical, electronic, or other evidence that grants 87
181	181	the possessor of the evidence license to enter a place of entertainment for one or more events at a 88
182	182	specified date and time; provided, that the event is not organized by a professional or 89
183	183	intercollegiate sports team located in the District or professional athletic association with an 90
184	184	event located in the District. 91
185	185	“(7) "Ticket issuer" means a person or their agent who issues tickets for initial 92
186	186	sale, including musicians, venues, promoters, theater companies, and marketplaces for initial 93
187	187	purchases. 94
188	188	“§ 28-5502. Ticket disclosure and refund requirements. 95
189	189	“(a) The listing for a ticket and each step of a transaction to purchase a ticket shall clearly 96
190	190	and conspicuously disclose: 97
191	191	“(1) The total price of the ticket, including all fees and taxes other than shipping 98
192	192	costs that are not determinable at a step in the transaction; 99
193	193	4
194	194	“(2) An itemized listing of all charges that comprise the total price of the ticket, 100
195	195	including all fees and taxes; and 101
196	196	“(3) The seat number, zone, and section, to the extent applicable to the seat and 102
197	197	venue. 103
198	198	“(b)(1) The total price of a ticket disclosed pursuant to subsection (a) of this section may 104
199	199	be increased in a noninitial step of a transaction by the amount of reasonable shipping costs for 105
200	200	physically delivered tickets. 106
201	201	“(2) The shipping costs allowed under paragraph (1) of this subsection may vary 107
202	202	with the consumer’s location relative to the shipment’s location of origin and the delivery 108
203	203	method selected by the consumer. 109
204	204	“(3) The total price of the ticket, including all fees, taxes, and shipping costs, shall 110
205	205	be clearly and conspicuously disclosed prior to final purchase of the ticket. 111
206	206	“(c)(1) A ticket issuer, secondary ticket exchange, or reseller directly engaged in a 112
207	207	transaction with a consumer shall provide a full refund, including all fees and taxes, if: 113
208	208	“(A) The ticket is counterfeit; 114
209	209	“(B) The event is canceled; or 115
210	210	“(C) The ticket does not conform to the description provided at the time of 116
211	211	purchase. 117
212	212	“(2) Refunds shall be issued within 10 days of the event’s cancellation or 118
213	213	discovery of non-conformance. 119
214	214	“§ 28-5503. Prohibition on the sale or offer to sell of speculative tickets. 120
215	215	“A reseller or a secondary ticket exchange shall not sell or offer to sell speculative 121
216	216	tickets, as defined in § 28-5501(4). 122
217	217	“§ 28-5504. Transferability of tickets. 123
218	218	5
219	219	“(a) A ticket issuer shall not restrict the transferability of a ticket sold unless the terms 124
220	220	and conditions on transferability are clearly and conspicuously disclosed to the consumer prior to 125
221	221	purchase and the consumer acknowledges receipt of such disclosure prior to purchase. 126
222	222	“(b) A ticket issuer may, subject to applicable District or federal law: 127
223	223	“(1) Maintain and enforce policies and conditions or requirements for ticket 128
224	224	purchase with respect to conduct, behavior, public health and safety, or age at the venue or event; 129
225	225	and 130
226	226	“(2) Establish limits on the quantity of tickets that may be purchased. 131
227	227	“§ 28-5505. Requirement of reasonable technology for a ticket issuer and secondary 132
228	228	ticket exchange. 133
229	229	“A ticket issuer, to the extent applicable, and secondary ticket exchange shall implement 134
230	230	and maintain reasonable technology to prevent any machine, device, computer program, or 135
231	231	computer software, with or without human assistance, from bypassing security measures or 136
232	232	access control systems designed to limit the number of tickets that can be purchased by a person 137
233	233	on a primary or secondary ticket exchange. 138
234	234	“§ 28-5506. Reseller registration and reporting requirements. 139
235	235	“(a)(1) A reseller that sells or offers to sell 50 or more tickets in a year shall register 140
236	236	annually with the Department before conducting any ticket resale activity. 141
237	237	“(2) If a reseller lists a single ticket across multiple platforms, the total number of 142
238	238	listings for the ticket shall count toward the registration threshold provided in paragraph (1) of 143
239	239	this subsection. 144
240	240	“(b) A reseller subject to the requirement imposed in subsection (a) of this section shall 145
241	241	provide the following information to the Department at the time of registration: 146
242	242	“(1) Full legal name and any aliases or usernames used in the resale of tickets; 147
243	243	6
244	244	“(2) Contact information, including a physical street address, email address, and 148
245	245	phone number; 149
246	246	“(3) Social security number and employer identification number (“EIN”) and 150
247	247	contact information for any employer, if applicable; 151
248	248	“(4) All associated entities involved in the resale of tickets; and 152
249	249	“(5) Any additional information required by the Department. 153
250	250	“(c) All entities under common ownership or control of a person shall be considered one 154
251	251	reseller for the purposes of the registration requirements imposed under this section. 155
252	252	“(d) A registered reseller shall submit a report every 6 months to the Department 156
253	253	containing: 157
254	254	“(1) The total number of tickets sold by the reseller; 158
255	255	“(2) The original purchase price of each ticket purchased by the reseller; and 159
256	256	“(3) The final resale price of each ticket sold by the reseller. 160
257	257	“(e)(1) A registered reseller shall maintain a surety bond of no less than $10,000 to 161
258	258	ensure compensation to consumers in cases where the reseller fails to deliver purchased tickets or 162
259	259	engages in fraudulent activities. 163
260	260	“(2) The surety bond shall cover compensation for lost funds by the consumer, 164
261	261	including travel expenses incurred by the consumer if the reseller fails to deliver the purchased 165
262	262	tickets. 166
263	263	“(3) The Department may adjust the surety bond amount for a registered reseller 167
264	264	based on the reseller’s sales volume and consumer complaint history. 168
265	265	“(4) A registered reseller shall submit evidence of the surety bond to a secondary 169
266	266	ticket exchange prior to listing any ticket for resale. 170
267	267	7
268	268	“(f) The Department may revoke the registration of any registered reseller found to be in 171
269	269	violation of this chapter for a period of at least 1 year and not more than 5 years. 172
270	270	“(g)(1) The Department shall maintain a list of registered resellers and make the list 173
271	271	available to the public via the Department’s website. 174
272	272	“(2) The list required pursuant to paragraph (1) of this subsection shall be updated 175
273	273	at least once every 30 days and include information on any violations of this chapter within the 176
274	274	past 5 years. 177
275	275	“(3) The Department shall not publicly disclose information provided by a 178
276	276	registered reseller pursuant to subsection (b)(3) of this section. 179
277	277	“§ 28-5507. Secondary ticket exchange responsibilities. 180
278	278	“(a) A secondary ticket exchange shall maintain records of all registered resellers in the 181
279	279	District using its platform and verify that each reseller meets the registration and bonding 182
280	280	requirements laid out in § 28-5506. 183
281	281	“(b) A secondary ticket exchange shall report any unregistered or non-compliant resellers 184
282	282	selling or offering to sell tickets to an event being held in the District to the Department. 185
283	283	“(c) A secondary ticket exchange shall: 186
284	284	“(1) Be responsible for maintaining records of ticket sales on its platform, 187
285	285	including the number tickets sold and resale prices; and 188
286	286	“(2) Submit a report to the Department every 6 months containing: 189
287	287	“(A) The total number of tickets sold by a registered reseller on its 190
288	288	platform; 191
289	289	“(B) The original purchase price of each ticket purchased by a registered 192
290	290	reseller; and 193
291	291	“(C) The final resale price of each ticket sold by a registered reseller. 194
292	292	8
293	293	“§ 28-5508. Price cap for tickets on secondary ticket exchange. 195
294	294	“(a) A reseller or secondary ticket exchange shall not sell or offer to sell a ticket that 196
295	295	exceeds the total price of the initial ticket, including all fees and taxes in connection with the 197
296	296	initial ticket, plus up to 10% of the total price of the initial ticket. 198
297	297	“(b) A secondary ticket exchange may charge a fee for the service of providing a 199
298	298	marketplace for the resale of a ticket; provided, that the fee shall not exceed 10% of the total 200
299	299	price of the initial ticket. 201
300	300	“§ 28-5509. Rules. 202
301	301	“The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 203
302	302	Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue 204
303	303	rules to implement § 28-5506. 205
304	304	“§ 28-5510. Penalties and enforcement. 206
305	305	“(a)(1) A reseller or secondary ticket exchange that violates § 28-5503 or § 28-5508 shall 207
306	306	be assessed a civil penalty of: 208
307	307	“(A) $5,000 per ticket for the first violation; and 209
308	308	“(B) $10,000 per ticket for the second and any subsequent violations. 210
309	309	“(2) Any person, where applicable, who violates §§ 28-5502, 28-5504, 28-5505, 211
310	310	28-5506, 28-5507, shall be assessed a civil penalty of: 212
311	311	“(A) $5,000 for the first violation; and 213
312	312	“(B) $10,000 for the second and any subsequent violations. 214
313	313	“(b) The civil penalty imposed pursuant to subsection (a) of this section shall be in 215
314	314	addition to the remedies available to the Attorney General pursuant to § 28-3909.”. 216
315	315	Sec. 3. Fiscal impact statement. 217
316	316	9
317	317	The Council adopts the fiscal impact statement in the committee report as the fiscal 218
318	318	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 219
319	319	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 220
320	320	Sec. 4. Effective date. 221
321	321	This act shall take effect following approval by the Mayor (or in the event of veto by the 222
322	322	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 223
323	323	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 224
324	324	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 225