Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3632 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3632 Introduced 2/9/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: 815 ILCS 414/1.5 was 720 ILCS 375/1.5 Amends the Ticket Sale and Resale Act. Provides that a ticket issuer, ticket broker, or ticket reseller shall not offer for sale an event ticket unless the ticket issuer, ticket broker, or ticket reseller: (1) clearly and conspicuously displays the total event ticket price, if a price is displayed, in any advertisement, marketing, or price list where the ticket is offered for sale; (2) clearly and conspicuously discloses to any consumer who seeks to purchase an event ticket the total event ticket price at the time the ticket is first displayed to the consumer and anytime thereafter throughout the ticket purchasing process; and (3) provides the buyer with an itemized list of the base event ticket price and each event ticket fee. Defines terms. LRB103 38124 SPS 68256 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3632 Introduced 2/9/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: 815 ILCS 414/1.5 was 720 ILCS 375/1.5 815 ILCS 414/1.5 was 720 ILCS 375/1.5 Amends the Ticket Sale and Resale Act. Provides that a ticket issuer, ticket broker, or ticket reseller shall not offer for sale an event ticket unless the ticket issuer, ticket broker, or ticket reseller: (1) clearly and conspicuously displays the total event ticket price, if a price is displayed, in any advertisement, marketing, or price list where the ticket is offered for sale; (2) clearly and conspicuously discloses to any consumer who seeks to purchase an event ticket the total event ticket price at the time the ticket is first displayed to the consumer and anytime thereafter throughout the ticket purchasing process; and (3) provides the buyer with an itemized list of the base event ticket price and each event ticket fee. Defines terms. LRB103 38124 SPS 68256 b LRB103 38124 SPS 68256 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3632 Introduced 2/9/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
3	3	815 ILCS 414/1.5 was 720 ILCS 375/1.5 815 ILCS 414/1.5 was 720 ILCS 375/1.5
4	4	815 ILCS 414/1.5 was 720 ILCS 375/1.5
5	5	Amends the Ticket Sale and Resale Act. Provides that a ticket issuer, ticket broker, or ticket reseller shall not offer for sale an event ticket unless the ticket issuer, ticket broker, or ticket reseller: (1) clearly and conspicuously displays the total event ticket price, if a price is displayed, in any advertisement, marketing, or price list where the ticket is offered for sale; (2) clearly and conspicuously discloses to any consumer who seeks to purchase an event ticket the total event ticket price at the time the ticket is first displayed to the consumer and anytime thereafter throughout the ticket purchasing process; and (3) provides the buyer with an itemized list of the base event ticket price and each event ticket fee. Defines terms.
6	6	LRB103 38124 SPS 68256 b LRB103 38124 SPS 68256 b
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8	8	A BILL FOR
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11	11	1 AN ACT concerning business.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Ticket Sale and Resale Act is amended by
15	15	5 changing Section 1.5 as follows:
16	16	6 (815 ILCS 414/1.5) (was 720 ILCS 375/1.5)
17	17	7 Sec. 1.5. Sale of tickets at more than face value
18	18	8 prohibited; exceptions.
19	19	9 (a) Except as otherwise provided in subsections (b), (c),
20	20	10 (d), (e), and (f-5) of this Section and in Section 4, it is
21	21	11 unlawful for any person, persons, firm or corporation to sell
22	22	12 tickets for baseball games, football games, hockey games,
23	23	13 theatre entertainments, or any other amusement for a price
24	24	14 more than the price printed upon the face of said ticket, and
25	25	15 the price of said ticket shall correspond with the same price
26	26	16 shown at the box office or the office of original
27	27	17 distribution.
28	28	18 (b) This Act does not apply to the resale of tickets of
29	29	19 admission to a sporting event, theater, musical performance,
30	30	20 or place of public entertainment or amusement of any kind for a
31	31	21 price in excess of the printed box office ticket price by a
32	32	22 ticket broker who meets all of the following requirements:
33	33	23 (1) The ticket broker is duly registered with the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3632 Introduced 2/9/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
38	38	815 ILCS 414/1.5 was 720 ILCS 375/1.5 815 ILCS 414/1.5 was 720 ILCS 375/1.5
39	39	815 ILCS 414/1.5 was 720 ILCS 375/1.5
40	40	Amends the Ticket Sale and Resale Act. Provides that a ticket issuer, ticket broker, or ticket reseller shall not offer for sale an event ticket unless the ticket issuer, ticket broker, or ticket reseller: (1) clearly and conspicuously displays the total event ticket price, if a price is displayed, in any advertisement, marketing, or price list where the ticket is offered for sale; (2) clearly and conspicuously discloses to any consumer who seeks to purchase an event ticket the total event ticket price at the time the ticket is first displayed to the consumer and anytime thereafter throughout the ticket purchasing process; and (3) provides the buyer with an itemized list of the base event ticket price and each event ticket fee. Defines terms.
41	41	LRB103 38124 SPS 68256 b LRB103 38124 SPS 68256 b
42	42	LRB103 38124 SPS 68256 b
43	43	A BILL FOR
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49	49	815 ILCS 414/1.5 was 720 ILCS 375/1.5
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68	68	1 Office of the Secretary of State on a registration form
69	69	2 provided by that Office. The registration must contain a
70	70	3 certification that the ticket broker:
71	71	4 (A) engages in the resale of tickets on a regular
72	72	5 and ongoing basis from one or more permanent or fixed
73	73	6 locations located within this State;
74	74	7 (B) maintains as the principal business activity
75	75	8 at those locations the resale of tickets;
76	76	9 (C) displays at those locations the ticket
77	77	10 broker's registration;
78	78	11 (D) maintains at those locations a listing of the
79	79	12 names and addresses of all persons employed by the
80	80	13 ticket broker;
81	81	14 (E) is in compliance with all applicable federal,
82	82	15 State, and local laws relating to its ticket selling
83	83	16 activities, and that neither the ticket broker nor any
84	84	17 of its employees within the preceding 12 months have
85	85	18 been convicted of a violation of this Act; and
86	86	19 (F) meets the following requirements:
87	87	20 (i) the ticket broker maintains a toll free
88	88	21 number specifically dedicated for Illinois
89	89	22 consumer complaints and inquiries concerning
90	90	23 ticket sales;
91	91	24 (ii) the ticket broker has adopted a code that
92	92	25 advocates consumer protection that includes, at a
93	93	26 minimum:
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104	104	1 (a-1) consumer protection guidelines;
105	105	2 (b-1) a standard refund policy. In the
106	106	3 event a refund is due, the ticket broker shall
107	107	4 provide that refund without charge other than
108	108	5 for reasonable delivery fees for the return of
109	109	6 the tickets; and
110	110	7 (c-1) standards of professional conduct;
111	111	8 (iii) the ticket broker has adopted a
112	112	9 procedure for the binding resolution of consumer
113	113	10 complaints by an independent, disinterested third
114	114	11 party and thereby submits to the jurisdiction of
115	115	12 the State of Illinois; and
116	116	13 (iv) the ticket broker has established and
117	117	14 maintains a consumer protection rebate fund in
118	118	15 Illinois in an amount in excess of $100,000, which
119	119	16 must be cash available for immediate disbursement
120	120	17 for satisfaction of valid consumer complaints.
121	121	18 Alternatively, the ticket broker may fulfill the
122	122	19 requirements of subparagraph (F) of this paragraph (1) if
123	123	20 the ticket broker certifies that he or she belongs to a
124	124	21 professional association organized under the laws of this
125	125	22 State, or organized under the laws of any other state and
126	126	23 authorized to conduct business in Illinois, that has been
127	127	24 in existence for at least 3 years prior to the date of that
128	128	25 broker's registration with the Office of the Secretary of
129	129	26 State, and is specifically dedicated, for and on behalf of
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140	140	1 its members, to provide and maintain the consumer
141	141	2 protection requirements of subparagraph (F) of this
142	142	3 paragraph (1) to maintain the integrity of the ticket
143	143	4 brokerage industry.
144	144	5 (2) (Blank).
145	145	6 (3) The ticket broker and his employees must not
146	146	7 engage in the practice of selling, or attempting to sell,
147	147	8 tickets for any event while sitting or standing near the
148	148	9 facility at which the event is to be held or is being held
149	149	10 unless the ticket broker or his or her employees are on
150	150	11 property they own, lease, or have permission to occupy.
151	151	12 (4) The ticket broker must comply with all
152	152	13 requirements of the Retailers' Occupation Tax Act and
153	153	14 collect and remit all other applicable federal, State and
154	154	15 local taxes in connection with the ticket broker's ticket
155	155	16 selling activities.
156	156	17 (5) Beginning January 1, 1996, no ticket broker shall
157	157	18 advertise for resale any tickets within this State unless
158	158	19 the advertisement contains the name of the ticket broker
159	159	20 and the Illinois registration number issued by the Office
160	160	21 of the Secretary of State under this Section.
161	161	22 (6) Each ticket broker registered under this Act shall
162	162	23 pay an annual registration fee of $100.
163	163	24 (c) This Act does not apply to the sale of tickets of
164	164	25 admission to a sporting event, theater, musical performance,
165	165	26 or place of public entertainment or amusement of any kind for a
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176	176	1 price in excess of the printed box office ticket price by a
177	177	2 reseller engaged in interstate or intrastate commerce on an
178	178	3 Internet auction listing service duly registered with the
179	179	4 Office of the Secretary of State on a registration form
180	180	5 provided by that Office. This subsection (c) applies to both
181	181	6 sales through an online bid submission process and sales at a
182	182	7 fixed price on the same website or interactive computer
183	183	8 service as an Internet auction listing service.
184	184	9 This subsection (c) applies to resales described in this
185	185	10 subsection only if the operator of the Internet auction
186	186	11 listing service meets the following requirements:
187	187	12 (1) the operator maintains a listing of the names and
188	188	13 addresses of its corporate officers;
189	189	14 (2) the operator is in compliance with all applicable
190	190	15 federal, State, and local laws relating to ticket selling
191	191	16 activities, and the operator's officers and directors have
192	192	17 not been convicted of a violation of this Act within the
193	193	18 preceding 12 months;
194	194	19 (3) the operator maintains, either itself or through
195	195	20 an affiliate, a toll free number dedicated for consumer
196	196	21 complaints;
197	197	22 (4) the operator provides consumer protections that
198	198	23 include at a minimum:
199	199	24 (A) consumer protection guidelines;
200	200	25 (B) a standard refund policy that guarantees to
201	201	26 all purchasers that it will provide and in fact
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212	212	1 provides a full refund of the amount paid by the
213	213	2 purchaser (including, but not limited to, all fees,
214	214	3 regardless of how characterized) if the following
215	215	4 occurs:
216	216	5 (i) the ticketed event is cancelled and the
217	217	6 purchaser returns the tickets to the seller or
218	218	7 Internet auction listing service; however,
219	219	8 reasonable delivery fees need not be refunded if
220	220	9 the previously disclosed guarantee specifies that
221	221	10 the fees will not be refunded if the event is
222	222	11 cancelled;
223	223	12 (ii) the ticket received by the purchaser does
224	224	13 not allow the purchaser to enter the ticketed
225	225	14 event for reasons that may include, without
226	226	15 limitation, that the ticket is counterfeit or that
227	227	16 the ticket has been cancelled by the issuer due to
228	228	17 non-payment, unless the ticket is cancelled due to
229	229	18 an act or omission by such purchaser;
230	230	19 (iii) the ticket fails to conform to its
231	231	20 description on the Internet auction listing
232	232	21 service; or
233	233	22 (iv) the ticket seller willfully fails to send
234	234	23 the ticket or tickets to the purchaser, or the
235	235	24 ticket seller attempted to deliver the ticket or
236	236	25 tickets to the purchaser in the manner required by
237	237	26 the Internet auction listing service and the
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248	248	1 purchaser failed to receive the ticket or tickets;
249	249	2 and
250	250	3 (C) standards of professional conduct;
251	251	4 (5) the operator has adopted an independent and
252	252	5 disinterested dispute resolution procedure that allows
253	253	6 resellers or purchasers to file complaints against the
254	254	7 other and have those complaints mediated or resolved by a
255	255	8 third party, and requires the resellers or purchasers to
256	256	9 submit to the jurisdiction of the State of Illinois for
257	257	10 complaints involving a ticketed event held in Illinois;
258	258	11 (6) the operator either:
259	259	12 (A) complies with all applicable requirements of
260	260	13 the Retailers' Occupation Tax Act and collects and
261	261	14 remits all applicable federal, State, and local taxes;
262	262	15 or
263	263	16 (B) publishes a written notice on the website
264	264	17 after the sale of one or more tickets that
265	265	18 automatically informs the ticket reseller of the
266	266	19 ticket reseller's potential legal obligation to pay
267	267	20 any applicable local amusement tax in connection with
268	268	21 the reseller's sale of tickets, and discloses to law
269	269	22 enforcement or other government tax officials, without
270	270	23 subpoena, the name, city, state, telephone number,
271	271	24 e-mail address, user ID history, fraud complaints, and
272	272	25 bidding and listing history of any specifically
273	273	26 identified reseller or purchaser upon the receipt of a
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284	284	1 verified request from law enforcement or other
285	285	2 government tax officials relating to a criminal
286	286	3 investigation or alleged illegal activity; and
287	287	4 (7) the operator either:
288	288	5 (A) has established and maintains a consumer
289	289	6 protection rebate fund in Illinois in an amount in
290	290	7 excess of $100,000, which must be cash available for
291	291	8 immediate disbursement for satisfaction of valid
292	292	9 consumer complaints; or
293	293	10 (B) has obtained and maintains in force an errors
294	294	11 and omissions insurance policy that provides at least
295	295	12 $100,000 in coverage.
296	296	13 (d) This Act does not apply to the resale of tickets of
297	297	14 admission to a sporting event, theater, musical performance,
298	298	15 or place of public entertainment or amusement of any kind for a
299	299	16 price in excess of the printed box office ticket price
300	300	17 conducted at an auction solely by or for a not-for-profit
301	301	18 organization for charitable purposes under clause (a)(1) of
302	302	19 Section 10-1 of the Auction License Act.
303	303	20 (e) This Act does not apply to the resale of a ticket for
304	304	21 admission to a baseball game, football game, hockey game,
305	305	22 theatre entertainment, or any other amusement for a price more
306	306	23 than the price printed on the face of the ticket and for more
307	307	24 than the price of the ticket at the box office if the resale is
308	308	25 made through an Internet website whose operator meets the
309	309	26 following requirements:
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320	320	1 (1) the operator has a business presence and physical
321	321	2 street address in the State of Illinois and clearly and
322	322	3 conspicuously posts that address on the website;
323	323	4 (2) the operator maintains a listing of the names of
324	324	5 the operator's directors and officers, and is duly
325	325	6 registered with the Office of the Secretary of State on a
326	326	7 registration form provided by that Office;
327	327	8 (3) the operator is in compliance with all applicable
328	328	9 federal, State, and local laws relating to its ticket
329	329	10 reselling activities regulated under this Act, and the
330	330	11 operator's officers and directors have not been convicted
331	331	12 of a violation of this Act within the preceding 12 months;
332	332	13 (4) the operator maintains a toll free number
333	333	14 specifically dedicated for consumer complaints and
334	334	15 inquiries regarding ticket resales made through the
335	335	16 website;
336	336	17 (5) the operator either:
337	337	18 (A) has established and maintains a consumer
338	338	19 protection rebate fund in Illinois in an amount in
339	339	20 excess of $100,000, which must be cash available for
340	340	21 immediate disbursement for satisfaction of valid
341	341	22 consumer complaints; or
342	342	23 (B) has obtained and maintains in force an errors
343	343	24 and omissions policy of insurance in the minimum
344	344	25 amount of $100,000 for the satisfaction of valid
345	345	26 consumer complaints;
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356	356	1 (6) the operator has adopted an independent and
357	357	2 disinterested dispute resolution procedure that allows
358	358	3 resellers or purchasers to file complaints against the
359	359	4 other and have those complaints mediated or resolved by a
360	360	5 third party, and requires the resellers or purchasers to
361	361	6 submit to the jurisdiction of the State of Illinois for
362	362	7 complaints involving a ticketed event held in Illinois;
363	363	8 (7) the operator either:
364	364	9 (A) complies with all applicable requirements of
365	365	10 the Retailers' Occupation Tax Act and collects and
366	366	11 remits all applicable federal, State, and local taxes;
367	367	12 or
368	368	13 (B) publishes a written notice on the website
369	369	14 after the sale of one or more tickets that
370	370	15 automatically informs the ticket reseller of the
371	371	16 ticket reseller's potential legal obligation to pay
372	372	17 any applicable local amusement tax in connection with
373	373	18 the reseller's sale of tickets, and discloses to law
374	374	19 enforcement or other government tax officials, without
375	375	20 subpoena, the name, city, state, telephone number,
376	376	21 e-mail address, user ID history, fraud complaints, and
377	377	22 bidding and listing history of any specifically
378	378	23 identified reseller or purchaser upon the receipt of a
379	379	24 verified request from law enforcement or other
380	380	25 government tax officials relating to a criminal
381	381	26 investigation or alleged illegal activity; and
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392	392	1 (8) the operator guarantees to all purchasers that it
393	393	2 will provide and in fact provides a full refund of the
394	394	3 amount paid by the purchaser (including, but not limited
395	395	4 to, all fees, regardless of how characterized) if any of
396	396	5 the following occurs:
397	397	6 (A) the ticketed event is cancelled and the
398	398	7 purchaser returns the tickets to the website operator;
399	399	8 however, reasonable delivery fees need not be refunded
400	400	9 if the previously disclosed guarantee specifies that
401	401	10 the fees will not be refunded if the event is
402	402	11 cancelled;
403	403	12 (B) the ticket received by the purchaser does not
404	404	13 allow the purchaser to enter the ticketed event for
405	405	14 reasons that may include, without limitation, that the
406	406	15 ticket is counterfeit or that the ticket has been
407	407	16 cancelled by the issuer due to non-payment, unless the
408	408	17 ticket is cancelled due to an act or omission by the
409	409	18 purchaser;
410	410	19 (C) the ticket fails to conform to its description
411	411	20 on the website; or
412	412	21 (D) the ticket seller willfully fails to send the
413	413	22 ticket or tickets to the purchaser, or the ticket
414	414	23 seller attempted to deliver the ticket or tickets to
415	415	24 the purchaser in the manner required by the website
416	416	25 operator and the purchaser failed to receive the
417	417	26 ticket or tickets.
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428	428	1 Nothing in this subsection (e) shall be deemed to imply
429	429	2 any limitation on ticket sales made in accordance with
430	430	3 subsections (b), (c), and (d) of this Section or any
431	431	4 limitation on sales made in accordance with Section 4.
432	432	5 (f) The provisions of subsections (b), (c), (d), and (e)
433	433	6 of this Section apply only to the resale of a ticket after the
434	434	7 initial sale of that ticket. No reseller of a ticket may refuse
435	435	8 to sell tickets to another ticket reseller solely on the basis
436	436	9 that the purchaser is a ticket reseller or ticket broker
437	437	10 authorized to resell tickets pursuant to this Act.
438	438	11 (f-5) In addition to the requirements imposed under
439	439	12 subsections (b), (c), (d), (e), and (f) of this Section,
440	440	13 ticket brokers and resellers must comply with the requirements
441	441	14 of this subsection. Before accepting any payment from a
442	442	15 purchaser, a ticket broker or reseller must disclose to the
443	443	16 purchaser in a clear, conspicuous, and readily noticeable
444	444	17 manner the following information:
445	445	18 (1) the registered name and city of the event venue;
446	446	19 (2) that the ticket broker or reseller is not the
447	447	20 event venue box office or its licensed ticket agent, but
448	448	21 is, instead, a ticket broker or reseller and that lost or
449	449	22 stolen tickets may be reissued only by ticket brokers or
450	450	23 resellers;
451	451	24 (3) whether it is registered under this Act; and
452	452	25 (4) its refund policy, name, and contact information.
453	453	26 Before selling and accepting payment for a ticket, a
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464	464	1 ticket broker or reseller must require the purchaser to
465	465	2 acknowledge by an affirmative act the disclosures required
466	466	3 under this subsection. The disclosures required by this
467	467	4 subsection must be made in a clear and conspicuous manner,
468	468	5 appear together, and be preceded by the heading "IMPORTANT
469	469	6 NOTICE" which must be in bold face font that is larger than the
470	470	7 font size of the required disclosures.
471	471	8 Ticket brokers and resellers must guarantee a full refund
472	472	9 of the amount paid by the purchaser, including handling and
473	473	10 delivery fees, if any of the following occurs:
474	474	11 (1) the ticket received by the purchaser does not
475	475	12 grant the purchaser admission to the event described on
476	476	13 the ticket, unless it is due to an act or omission by the
477	477	14 purchaser;
478	478	15 (2) the ticket fails to conform substantially to its
479	479	16 description as advertised; or
480	480	17 (3) the event for which the ticket has been resold is
481	481	18 cancelled and not rescheduled.
482	482	19 This subsection (f-5) does not apply to an Internet
483	483	20 auction listing service.
484	484	21 (f-10) A ticket issuer, ticket broker, or ticket reseller
485	485	22 shall not offer for sale an event ticket unless the ticket
486	486	23 issuer, ticket broker, or ticket reseller:
487	487	24 (1) clearly and conspicuously displays the total event
488	488	25 ticket price, if a price is displayed, in any
489	489	26 advertisement, marketing, or price list where the ticket
490	490
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492	492
493	493
494	494
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496	496
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500	500	1 is offered for sale;
501	501	2 (2) clearly and conspicuously discloses to any
502	502	3 consumer who seeks to purchase an event ticket the total
503	503	4 event ticket price at the time the ticket is first
504	504	5 displayed to the consumer and anytime thereafter
505	505	6 throughout the ticket purchasing process; and
506	506	7 (3) provides the buyer with an itemized list of the
507	507	8 base event ticket price and each event ticket fee.
508	508	9 As used in this subsection:
509	509	10 "Base event ticket price" means the price of the event
510	510	11 ticket, excluding the cost of any event ticket fees.
511	511	12 "Event" means any live concert, theatrical performance,
512	512	13 sporting event, show, or similarly scheduled live activity,
513	513	14 taking place in a venue with a seating or attendance capacity
514	514	15 of at least 100 people that is open to the general public and
515	515	16 promoted, advertised, or marketed or for which event tickets
516	516	17 are generally sold or distributed.
517	517	18 "Event ticket fee" means a charge or fee that must be paid
518	518	19 in addition to the base event ticket price in order to obtain
519	519	20 an event ticket from a ticket broker, or ticket reseller,
520	520	21 including service fees, order processing fees, delivery fees,
521	521	22 facility fees, taxes, and other charges. "Event ticket fee"
522	522	23 does not include a charge or fee for an optional product or
523	523	24 service associated with the event that may be selected by a
524	524	25 purchaser of an event ticket.
525	525	26 "Optional product or service" means a product or service
526	526
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529	529
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