| 47 | | - | SECTION 1. The legislature finds that popular events held in the State attract secondary market profiteers, commonly known as scalpers. Scalpers often utilize computer software to navigate a ticket-selling platform and its security measures in a fraction of the time as a human being to purchase multiple tickets and conduct multiple transactions simultaneously. For example, in 2018, thousands of tickets for a concert held in the State by recording artist Bruno Mars ended up on third-party websites at inflated prices. Accordingly, the purpose of this Act is to eliminate the impact of scalpers on Hawaii residents by prohibiting tickets to be sold at a higher price than the original price charged by the primary venue ticket provider. SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§481B- Event ticket sales; price scalping prohibited; exception. (a) It shall be unlawful for any person to sell or offer for sale event tickets for any event held in the State at a price greater than the original price as charged by the primary venue ticket provider. This section shall not apply to a charitable organization, as defined in section 467B-1, or its employees and volunteers for event tickets resold or offered for resale through a raffle, auction, or similar fundraising activity for the benefit of a charitable organization's charitable purposes. (b) For the purposes of this section, "primary venue ticket provider" means an owner or operator of a venue or sports team, manager or provider of an event, event promoter, a provider of ticketing services or an agent of the owner, operator, manager, or provider, that engages in the primary sale of event tickets or retains the authority to otherwise distribute tickets." SECTION 3. Section 481B-15, Hawaii Revised Statutes, is repealed. ["[§481B-15] Ticket brokers; fees; cancellation. (a) No ticket broker shall charge a fee for the use of a credit card to purchase tickets without first disclosing that a fee will be charged. (b) A ticket broker shall refund any and all service fees charged for the purchase of a ticket when the public exhibition, game, contest, or performance for which the ticket was purchased is canceled. (c) For the purposes of this section, "ticket broker" means any person engaged in the business of selling tickets of admission or any other evidence of right of entry to a theater, place of amusement or entertainment, or other place where public exhibitions, games, contests, or performances are held, at a price greater than the price printed on the ticket."] SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that popular events held in the State attract secondary market profiteers, commonly known as scalpers. Scalpers often utilize computer software to navigate a ticket-selling platform and its security measures in a fraction of the time as a human being to purchase multiple tickets and conduct multiple transactions simultaneously. For example, in 2018, thousands of tickets for a concert held in the State by recording artist Bruno Mars ended up on third party websites at inflated prices. Accordingly, the purpose of this Act is to eliminate the impact of scalpers on Hawaii residents by prohibiting tickets to be sold at a higher price than the original price charged by the primary venue ticket provider. SECTION 2. Section 481B-15, Hawaii Revised Statutes, is repealed. ["[§481B-15] Ticket brokers; fees; cancellation. (a) No ticket broker shall charge a fee for the use of a credit card to purchase tickets without first disclosing that a fee will be charged. (b) A ticket broker shall refund any and all service fees charged for the purchase of a ticket when the public exhibition, game, contest, or performance for which the ticket was purchased is canceled. (c) For the purposes of this section, "ticket broker" means any person engaged in the business of selling tickets of admission or any other evidence of right of entry to a theater, place of amusement or entertainment, or other place where public exhibitions, games, contests, or performances are held, at a price greater than the price printed on the ticket."] SECTION 3. (a) It shall be unlawful for any person to sell or offer for sale event tickets for any event held in the State at a price greater than the original price as charged by the primary venue ticket provider. This section shall not apply to a charitable organization, as defined in section 467B-1, Hawaii Revised Statutes, or its employees and volunteers for event tickets resold or offered for resale through a raffle, auction, or similar fundraising activity for the benefit of a charitable organization's charitable purposes. (b) For the purposes of this section, "primary venue ticket provider" means an owner or operator of a venue or sports team, manager or provider of an event, event promoter, a provider of ticketing services or an agent of the owner, operator, manager, or provider, that engages in the primary sale of event tickets or retains the authority to otherwise distribute tickets. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. SECTION 7. This Act shall take effect on July 1, 2025. |
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