Prohibits sale of tickets not in reseller's possession.
Impact
The bill amends existing regulations under P.L.1983, c.135, reinforcing restrictions on how ticket reselling is conducted. One major impact will be an increased requirement for resellers to guarantee refunds to customers in instances where events are canceled or where a ticket is not valid upon presentation. This amendment is intended to foster trust among consumers, making the ticket purchasing process more transparent and reliable, thus promoting fairer practices in the entertainment industry.
Summary
Bill A5639, introduced in New Jersey, targets the reselling of tickets by prohibiting 'tentative ticket sales.' This approach specifically forbids ticket resellers from selling tickets that they do not currently possess, effectively stopping speculative practices where resellers promise tickets they have not yet acquired. This legislation seeks to enhance consumer protections by ensuring that those purchasing tickets are guaranteed actual access to events, rather than risking transactions based on the hope that a seller will eventually secure the tickets.
Contention
Despite its consumer-friendly intent, Bill A5639 may face opposition from ticketing businesses that rely on tentative sales as a business model. Critics may argue that restricting such sales could limit access to tickets, particularly for high-demand events where supply is limited. The bill's enforcement will also necessitate clear definitions of what constitutes a 'ticket in possession,’ which could lead to further legal interpretations and disputes. Additionally, concerns about how this could impact the secondary market for tickets are also important, as many consumers utilize these markets to acquire hard-to-get tickets.
Enacts into law components of legislation that relate to live event ticket sales; establishes an annual professional reseller renewal fee; requires professional ticket resellers to provide their New York state ticket reseller license number as a condition of utilizing an online resale marketplace to resell tickets (Part A); provides criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); relates to resale requirements for tickets; requires that if a licensee or other ticket reseller doesn't have possession of the ticket, then they shall have a written contract to obtain the offered ticket at a certain price from a person or entity in possession of the ticket or from a person or entity who has a contractual right to obtain such ticket, and tickets to the event have been placed on sale by the venue or entity hosting the event or its authorized agent before the licensee or reseller can advertise the sale of the tickets (Part C); relates to unlawful charges in connection with tickets; permits reasonable charges for costs actually rendered or otherwise in connection to customer support, technological and software infrastructure, and actual operational costs for sales away from the box office; defines terms (Part D); relates to the availability of tickets for sale to the general public; defines a term (Part E); relates to the resale of tickets included in a subscription or season ticket package (Part F); extends the effectiveness of certain provisions relating to tickets to places of entertainment (Part G).
Enacts into law components of legislation that relate to live event ticket sales; establishes an annual professional reseller renewal fee; requires professional ticket resellers to provide their New York state ticket reseller license number as a condition of utilizing an online resale marketplace to resell tickets (Part A); provides criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); relates to resale requirements for tickets; requires that if a licensee or other ticket reseller doesn't have possession of the ticket, then they shall have a written contract to obtain the offered ticket at a certain price from a person or entity in possession of the ticket or from a person or entity who has a contractual right to obtain such ticket, and tickets to the event have been placed on sale by the venue or entity hosting the event or its authorized agent before the licensee or reseller can advertise the sale of the tickets (Part C); relates to unlawful charges in connection with tickets; permits reasonable charges for costs actually rendered or otherwise in connection to customer support, technological and software infrastructure, and actual operational costs for sales away from the box office; defines terms (Part D); relates to the availability of tickets for sale to the general public; defines a term (Part E); relates to the resale of tickets included in a subscription or season ticket package (Part F); extends the effectiveness of certain provisions relating to tickets to places of entertainment (Part G).