13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO CREATE CONSUMER PROTECTIONS FOR SECONDARY TICKET 2 |
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15 | 15 | | PURCHASERS AND TO PROHIBIT SECONDARY TICKET SELLERS FROM USING 3 |
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16 | 16 | | THE NAME OF A VENUE OR EVENT IN THEIR WEB SITE ADDRESS. 4 |
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17 | 17 | | The General Assembly of North Carolina enacts: 5 |
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18 | 18 | | SECTION 1.(a) Chapter 75 of the General Statutes is amended by adding a new 6 |
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19 | 19 | | Article to read: 7 |
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20 | 20 | | "Article 9. 8 |
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21 | 21 | | "Live Event Ticket Sales and Resales." 9 |
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22 | 22 | | SECTION 1.(b) Subsections (a) and (c) of G.S. 75-44 are recodified as subsections 10 |
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23 | 23 | | (a) and (b), respectively, of G.S. 75-151, to be titled "Definitions; enforcement," to be located in 11 |
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24 | 24 | | Article 9 of Chapter 75 of the General Statutes, as established by subsection (a) of this section. 12 |
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25 | 25 | | SECTION 1.(c) Subsection (b) of G.S. 75-44 is recodified as G.S. 75-152, to be 13 |
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26 | 26 | | titled "Ticket price transparency," to be located in Article 9 of Chapter 75 of the General Statutes, 14 |
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27 | 27 | | as established by subsection (a) of this section. 15 |
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28 | 28 | | SECTION 1.(d) Article 9 of Chapter 75 of the General Statutes, as established by 16 |
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29 | 29 | | subsection (a) of this section, reads as rewritten: 17 |
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30 | 30 | | "Article 9. 18 |
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31 | 31 | | "Live Event Ticket Sales and Resales. 19 |
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32 | 32 | | "§ 75-151. Definitions; enforcement. 20 |
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33 | 33 | | (a) As used in this section Article, the following definitions apply: 21 |
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34 | 34 | | (1) Entertainment event. – A sporting game or contest, concert, or other 22 |
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35 | 35 | | entertainment performance with a live presentation element in this State for 23 |
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36 | 36 | | which attendance is available to the public through the purchase of ticket. 24 |
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37 | 37 | | (2) Mandatory fee. – Any fee or surcharge that a consumer must pay in order to 25 |
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38 | 38 | | purchase a ticket to an entertainment event. 26 |
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39 | 39 | | (3) Resale. – The second or subsequent sale of a ticket through a website or other 27 |
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40 | 40 | | electronic means. 28 |
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41 | 41 | | (4) Reseller. – A person engaged in the resale of tickets. 29 |
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42 | 42 | | (5) Secondary ticket exchange. – An electronic marketplace that enables persons 30 |
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43 | 43 | | to sell, purchase, and resell tickets. 31 |
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44 | 44 | | (6) Ticket issuer. – The person that is the first seller of tickets for an entertainment 32 |
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45 | 45 | | event, including a musician or musical group, an operator of a venue, sponsor 33 |
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46 | 46 | | or a promoter of an entertainment event, a sports team participating in an 34 |
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47 | | - | entertainment event, a sports league whose teams are participating in an 35 General Assembly Of North Carolina Session 2025 |
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48 | | - | Page 2 House Bill 598-First Edition |
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49 | | - | entertainment event, a theater company, a marketplace or service operated for 1 |
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50 | | - | consumers to make an initial purchase of tickets, or an agent of any of the 2 |
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51 | | - | persons listed in this subdivision. 3 |
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52 | | - | (7) Ticketing session. – The period of time beginning when the price of a ticket 4 |
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53 | | - | to an entertainment event is first displayed to a person through a website or 5 |
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54 | | - | application and ending when the person has not purchased the ticket within 6 |
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55 | | - | the time period prescribed by the secondary ticket exchange, ticket issuer, or 7 |
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56 | | - | reseller. 8 |
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57 | | - | (b) A violation of this section Article is an unfair trade practice under G.S. 75-1.1 and is 9 |
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58 | | - | subject to all of the investigative, enforcement, and penalty provisions of an unfair trade practice 10 |
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59 | | - | under this Article.Chapter. 11 |
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60 | | - | "§ 75-152. Ticket price transparency. 12 |
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61 | | - | A secondary ticket exchange, ticket issuer, or reseller shall meet the following requirements 13 |
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62 | | - | when listing a ticket for sale or resale: 14 |
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63 | | - | (1) At any time the price of the ticket is displayed to the purchaser, the listing 15 |
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64 | | - | shall clearly and conspicuously disclose the total price of the ticket, including 16 |
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65 | | - | all mandatory fees and the maximum order processing fee, if any. 17 |
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66 | | - | (2) The total price of the ticket initially displayed at the beginning of a ticketing 18 |
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67 | | - | session shall not be increased during that ticketing session, except by the 19 |
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68 | | - | addition of the charges permitted under subdivision (4) of this subsection. 20 |
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69 | | - | (3) The listing shall clearly and conspicuously disclose to the consumer the 21 |
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70 | | - | existence and actual dollar amount of each mandatory fee, if any, prior to the 22 |
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71 | | - | completion of the transaction. The descriptor used to identify each mandatory 23 |
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72 | | - | fee shall not be deceptive or misleading. 24 |
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73 | | - | (4) The following charges are not mandatory fees and may be added to the ticket 25 |
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74 | | - | price and shall be disclosed to the purchaser prior to purchase of the ticket: 26 |
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75 | | - | a. Actual charges required to deliver a non-electronic ticket to the 27 |
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76 | | - | address specified by the purchaser by the delivery method designated 28 |
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77 | | - | by the purchaser. 29 |
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78 | | - | b. Taxes or fees imposed on the transaction by any government. 30 |
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79 | | - | c. A reasonable fee for processing the order. 31 |
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80 | | - | "§ 75-153. Restrictions for ticket issuers. 32 |
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81 | | - | (a) A ticket issuer shall not restrict or hinder the ability of a purchaser that has purchased 33 |
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82 | | - | a ticket from a ticket issuer from doing any of the following: 34 |
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83 | | - | (1) Reselling a ticket independently of the primary ticket seller or any secondary 35 |
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84 | | - | ticket exchange owned or affiliated with the ticket issuer. 36 |
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85 | | - | (2) Reselling a ticket on the secondary ticket exchange of the purchaser's 37 |
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86 | | - | choosing. 38 |
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87 | | - | (b) A ticket issuer may not require a minimum or maximum price for the resale of a ticket 39 |
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88 | | - | purchased from the issuer. 40 |
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89 | | - | (c) A ticket issuer may not sanction, discriminate against, or deny a purchaser admission 41 |
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90 | | - | to an event, deny rights to bundled series tickets or the renewal thereof, or otherwise discriminate 42 |
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91 | | - | against a secondary ticket exchange seller or purchaser on the basis that the ticket was resold, 43 |
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92 | | - | gifted, or purchased as a resold ticket. 44 |
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93 | | - | (d) A ticket issuer shall deliver an electronic ticket to a purchaser within 72 hours of 45 |
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94 | | - | confirming the purchase order, unless the event occurs within 72 hours of the purchase, in which 46 |
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95 | | - | case a ticket issuer shall deliver the ticket as soon as reasonably possible following purchase 47 |
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96 | | - | order confirmation. 48 |
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97 | | - | (e) Nothing in this section prohibits an operator of a live entertainment venue from doing 49 |
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98 | | - | any of the following: 50 General Assembly Of North Carolina Session 2025 |
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99 | | - | House Bill 598-First Edition Page 3 |
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100 | | - | (1) Maintaining and enforcing policies regarding conduct or behavior at or in 1 |
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101 | | - | connection with the operator's live entertainment venue. 2 |
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102 | | - | (2) Establishing limits on the quantity of tickets that may be purchased. 3 |
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103 | | - | (3) Selling or gifting nontransferable tickets to an event for either of the following 4 |
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104 | | - | reasons: 5 |
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105 | | - | a. The event is a private event. 6 |
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106 | | - | b. The ticket is offered at a discounted price to only a select group of 7 |
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107 | | - | people, including students, veterans, or members of an organization. 8 |
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108 | | - | Nontransferable tickets issued under this sub-subdivision shall be 9 |
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109 | | - | clearly marked as nontransferable and shall not be offered 10 |
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110 | | - | promotionally to the general public. 11 |
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111 | | - | "§ 75-154. Secondary ticket exchange website addresses. 12 |
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112 | | - | A secondary ticket exchange shall not use a website address that contains the name of or a 13 |
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113 | | - | name substantially similar to the name of the event, a performer at the event, or the venue to 14 |
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114 | | - | which the ticket is for." 15 |
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115 | | - | SECTION 2. This act becomes effective October 1, 2025. 16 |
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| 47 | + | entertainment event, a sports league whose teams are participating in an 35 |
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| 48 | + | entertainment event, a theater company, a marketplace or service operated for 36 |
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| 49 | + | H.B. 598 |
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| 50 | + | Mar 31, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH40355-NH-165 |
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| 53 | + | consumers to make an initial purchase of tickets, or an agent of any of the 1 |
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| 54 | + | persons listed in this subdivision. 2 |
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| 55 | + | (7) Ticketing session. – The period of time beginning when the price of a ticket 3 |
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| 56 | + | to an entertainment event is first displayed to a person through a website or 4 |
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| 57 | + | application and ending when the person has not purchased the ticket within 5 |
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| 58 | + | the time period prescribed by the secondary ticket exchange, ticket issuer, or 6 |
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| 59 | + | reseller. 7 |
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| 60 | + | (b) A violation of this section Article is an unfair trade practice under G.S. 75-1.1 and is 8 |
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| 61 | + | subject to all of the investigative, enforcement, and penalty provisions of an unfair trade practice 9 |
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| 62 | + | under this Article.Chapter. 10 |
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| 63 | + | "§ 75-152. Ticket price transparency. 11 |
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| 64 | + | A secondary ticket exchange, ticket issuer, or reseller shall meet the following requirements 12 |
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| 65 | + | when listing a ticket for sale or resale: 13 |
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| 66 | + | (1) At any time the price of the ticket is displayed to the purchaser, the listing 14 |
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| 67 | + | shall clearly and conspicuously disclose the total price of the ticket, including 15 |
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| 68 | + | all mandatory fees and the maximum order processing fee, if any. 16 |
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| 69 | + | (2) The total price of the ticket initially displayed at the beginning of a ticketing 17 |
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| 70 | + | session shall not be increased during that ticketing session, except by the 18 |
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| 71 | + | addition of the charges permitted under subdivision (4) of this subsection. 19 |
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| 72 | + | (3) The listing shall clearly and conspicuously disclose to the consumer the 20 |
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| 73 | + | existence and actual dollar amount of each mandatory fee, if any, prior to the 21 |
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| 74 | + | completion of the transaction. The descriptor used to identify each mandatory 22 |
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| 75 | + | fee shall not be deceptive or misleading. 23 |
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| 76 | + | (4) The following charges are not mandatory fees and may be added to the ticket 24 |
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| 77 | + | price and shall be disclosed to the purchaser prior to purchase of the ticket: 25 |
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| 78 | + | a. Actual charges required to deliver a non-electronic ticket to the 26 |
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| 79 | + | address specified by the purchaser by the delivery method designated 27 |
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| 80 | + | by the purchaser. 28 |
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| 81 | + | b. Taxes or fees imposed on the transaction by any government. 29 |
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| 82 | + | c. A reasonable fee for processing the order. 30 |
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| 83 | + | "§ 75-153. Restrictions for ticket issuers. 31 |
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| 84 | + | (a) A ticket issuer shall not restrict or hinder the ability of a purchaser that has purchased 32 |
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| 85 | + | a ticket from a ticket issuer from doing any of the following: 33 |
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| 86 | + | (1) Reselling a ticket independently of the primary ticket seller or any secondary 34 |
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| 87 | + | ticket exchange owned or affiliated with the ticket issuer. 35 |
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| 88 | + | (2) Reselling a ticket on the secondary ticket exchange of the purchaser's 36 |
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| 89 | + | choosing. 37 |
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| 90 | + | (b) A ticket issuer may not require a minimum or maximum price for the resale of a ticket 38 |
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| 91 | + | purchased from the issuer. 39 |
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| 92 | + | (c) A ticket issuer may not sanction, discriminate against, or deny a purchaser admission 40 |
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| 93 | + | to an event, deny rights to bundled series tickets or the renewal thereof, or otherwise discriminate 41 |
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| 94 | + | against a secondary ticket exchange seller or purchaser on the basis that the ticket was resold, 42 |
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| 95 | + | gifted, or purchased as a resold ticket. 43 |
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| 96 | + | (d) A ticket issuer shall deliver an electronic ticket to a purchaser within 72 hours of 44 |
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| 97 | + | confirming the purchase order, unless the event occurs within 72 hours of the purchase, in which 45 |
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| 98 | + | case a ticket issuer shall deliver the ticket as soon as reasonably possible following purchase 46 |
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| 99 | + | order confirmation. 47 |
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| 100 | + | (e) Nothing in this section prohibits an operator of a live entertainment venue from doing 48 |
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| 101 | + | any of the following: 49 |
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| 102 | + | (1) Maintaining and enforcing policies regarding conduct or behavior at or in 50 |
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| 103 | + | connection with the operator's live entertainment venue. 51 General Assembly Of North Carolina Session 2025 |
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| 104 | + | DRH40355-NH-165 Page 3 |
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| 105 | + | (2) Establishing limits on the quantity of tickets that may be purchased. 1 |
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| 106 | + | (3) Selling or gifting nontransferable tickets to an event for either of the following 2 |
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| 107 | + | reasons: 3 |
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| 108 | + | a. The event is a private event. 4 |
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| 109 | + | b. The ticket is offered at a discounted price to only a select group of 5 |
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| 110 | + | people, including students, veterans, or members of an organization. 6 |
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| 111 | + | Nontransferable tickets issued under this sub-subdivision shall be 7 |
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| 112 | + | clearly marked as nontransferable and shall not be offered 8 |
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| 113 | + | promotionally to the general public. 9 |
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| 114 | + | "§ 75-154. Secondary ticket exchange website addresses. 10 |
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| 115 | + | A secondary ticket exchange shall not use a website address that contains the name of or a 11 |
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| 116 | + | name substantially similar to the name of the event, a performer at the event, or the venue to 12 |
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| 117 | + | which the ticket is for." 13 |
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| 118 | + | SECTION 2. This act becomes effective October 1, 2025. 14 |
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