| 1 | 1 | | ASSEMBLY, No. 5287 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED FEBRUARY 28, 2023 |
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| 3 | 3 | | ASSEMBLY, No. 5287 |
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| 7 | 7 | | STATE OF NEW JERSEY |
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| 9 | 9 | | 220th LEGISLATURE |
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| 12 | 12 | | |
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| 13 | 13 | | INTRODUCED FEBRUARY 28, 2023 |
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| 17 | 17 | | Sponsored by: Assemblyman RAJ MUKHERJI District 33 (Hudson) Assemblyman CLINTON CALABRESE District 36 (Bergen and Passaic) SYNOPSIS Establishes requirements for fee disclosure and for fees allowed as part of sale for certain tickets. CURRENT VERSION OF TEXT As introduced. |
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| 21 | 21 | | Sponsored by: |
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| 23 | 23 | | Assemblyman RAJ MUKHERJI |
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| 25 | 25 | | District 33 (Hudson) |
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| 27 | 27 | | Assemblyman CLINTON CALABRESE |
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| 29 | 29 | | District 36 (Bergen and Passaic) |
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| 39 | 39 | | SYNOPSIS |
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| 41 | 41 | | Establishes requirements for fee disclosure and for fees allowed as part of sale for certain tickets. |
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| 44 | 44 | | |
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| 45 | 45 | | CURRENT VERSION OF TEXT |
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| 47 | 47 | | As introduced. |
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| 51 | 51 | | An Act concerning ticket price transparency and supplementing P.L.1983, c.135 (C.56:8-26 et seq.). Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. As defined pursuant to section 1 of P.L.1983, c.135 (C.56:8-26), a person, reseller, ticket broker, ticket issuer, and ticket resale website shall disclose the total cost of a ticket, including all ancillary fees, including any service charge, to be paid in order to complete the purchase of a ticket. b. The information required in subsection a. of this section is to be disclosed in a clear and conspicuous manner, in dollars, to the ticket purchaser. If a ticket is sold through a website, the information required to be disclosed shall be displayed prior to the ticket being selected for purchase. The information disclosed shall not be false or misleading, and shall not be presented more prominently or in the same or larger size as the total price. c. The price of a ticket sold through a website shall not increase during the purchase process, excluding reasonable fees for delivery of non-electronic tickets based on the delivery method selected by the purchaser prior to payment for the ticket. d. Nothing in this section shall be construed to: (1) nullify, expand, restrict, or otherwise amend: (a) P.L.1983, c.135 (C.56:8-26 et seq.), including subsection i. of section 2 of P.L.1983, c.135 (C.56:8-27) regarding the disclosure of "try and get" policies to ticket purchasers by ticket brokers and paragraph (1) of subsection c. of section 9 of P.L.1983, c.135 (C.56:8-34) regarding tentative ticket policies of resellers and disclosure of the policies to purchasers; or (b) regulations at N.J.A.C.13:45A-20.1 et seq.; or (2) make lawful any fraudulent, deceptive, or illegal act or practice that is unlawful pursuant to P.L.1983, c.135 (C.56:8-26 et seq.) or regulations at N.J.A.C.13:45A-20.1 et seq. 2. a. A place of entertainment, or an agent, representative, employee or licensee thereof, shall not, if a price is charged for admission to the venue, exact, demand, accept, or receive, directly or indirectly, any premium or price in excess of the set price plus lawful taxes whether designated as price, gratuity, or otherwise, provided, however, nothing in this section shall be construed to prohibit: (1) a reasonable service charge by the place of entertainment or an agent in charge of special services for the place of entertainment, including, but not limited to, sales away from the box office, credit card sales, or delivery; or (2) a place of entertainment or its agent from offering initial sale tickets by means of an auction. b. A reasonable and actual cost for the physical delivery of tickets may be charged by a seller or reseller based on the method of delivery selected by the buyer, provided, however, that no delivery fee shall be charged by a seller or reseller for tickets delivered electronically or tickets that may be printed independently by the buyer. 3. This act shall take effect on the first day of the seventh month next after enactment. STATEMENT This bill requires, as defined in current law, a person, reseller, ticket broker, ticket issuer, and ticket resale website to disclose the total cost of a ticket, including all ancillary fees, including any service charge, to be paid in order to complete the purchase of a ticket. This is to be disclosed in a clear and conspicuous manner, in dollars, to the ticket purchaser. If a ticket is sold through a website, the information required to be disclosed is to be displayed prior to the ticket being selected for purchase. The information disclosed is not to be false or misleading, and is not to be presented more prominently or in the same or larger size as the total price. Moreover, the price of a ticket sold through a website is not to increase during the purchase process, excluding reasonable fees for delivery of non-electronic tickets based on the delivery method selected by the purchaser prior to payment for the ticket. Additionally, if a price is charged for admission to a venue, a place of entertainment, or their agent, representative, employee or licensee, cannot exact, demand, accept, or receive, directly or indirectly, any premium or price in excess of the set price plus lawful taxes whether designated as price, gratuity, or otherwise. However, nothing is to be construed to prohibit: (1) a reasonable service charge by the place of entertainment or an agent in charge of special services for the place of entertainment, including, but not limited to, sales away from the box office, credit card sales, or delivery; or (2) a place of entertainment or its agent from offering initial sale tickets by means of an auction. A reasonable and actual cost for the physical delivery of tickets may be charged by a seller or reseller based on the method of delivery selected by the buyer, provided, however, that no delivery fee is to be charged by a seller or reseller for tickets delivered electronically or tickets that may be printed independently by the buyer. |
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| 52 | 52 | | |
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| 53 | 53 | | An Act concerning ticket price transparency and supplementing P.L.1983, c.135 (C.56:8-26 et seq.). |
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| 57 | 57 | | Be It Enacted by the Senate and General Assembly of the State of New Jersey: |
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| 61 | 61 | | 1. a. As defined pursuant to section 1 of P.L.1983, c.135 (C.56:8-26), a person, reseller, ticket broker, ticket issuer, and ticket resale website shall disclose the total cost of a ticket, including all ancillary fees, including any service charge, to be paid in order to complete the purchase of a ticket. |
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| 62 | 62 | | |
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| 63 | 63 | | b. The information required in subsection a. of this section is to be disclosed in a clear and conspicuous manner, in dollars, to the ticket purchaser. If a ticket is sold through a website, the information required to be disclosed shall be displayed prior to the ticket being selected for purchase. The information disclosed shall not be false or misleading, and shall not be presented more prominently or in the same or larger size as the total price. |
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| 64 | 64 | | |
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| 65 | 65 | | c. The price of a ticket sold through a website shall not increase during the purchase process, excluding reasonable fees for delivery of non-electronic tickets based on the delivery method selected by the purchaser prior to payment for the ticket. |
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| 66 | 66 | | |
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| 67 | 67 | | d. Nothing in this section shall be construed to: |
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| 68 | 68 | | |
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| 69 | 69 | | (1) nullify, expand, restrict, or otherwise amend: |
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| 71 | 71 | | (a) P.L.1983, c.135 (C.56:8-26 et seq.), including subsection i. of section 2 of P.L.1983, c.135 (C.56:8-27) regarding the disclosure of "try and get" policies to ticket purchasers by ticket brokers and paragraph (1) of subsection c. of section 9 of P.L.1983, c.135 (C.56:8-34) regarding tentative ticket policies of resellers and disclosure of the policies to purchasers; or |
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| 73 | 73 | | (b) regulations at N.J.A.C.13:45A-20.1 et seq.; or |
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| 75 | 75 | | (2) make lawful any fraudulent, deceptive, or illegal act or practice that is unlawful pursuant to P.L.1983, c.135 (C.56:8-26 et seq.) or regulations at N.J.A.C.13:45A-20.1 et seq. |
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| 79 | 79 | | 2. a. A place of entertainment, or an agent, representative, employee or licensee thereof, shall not, if a price is charged for admission to the venue, exact, demand, accept, or receive, directly or indirectly, any premium or price in excess of the set price plus lawful taxes whether designated as price, gratuity, or otherwise, provided, however, nothing in this section shall be construed to prohibit: |
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| 80 | 80 | | |
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| 81 | 81 | | (1) a reasonable service charge by the place of entertainment or an agent in charge of special services for the place of entertainment, including, but not limited to, sales away from the box office, credit card sales, or delivery; or |
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| 83 | 83 | | (2) a place of entertainment or its agent from offering initial sale tickets by means of an auction. |
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| 84 | 84 | | |
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| 85 | 85 | | b. A reasonable and actual cost for the physical delivery of tickets may be charged by a seller or reseller based on the method of delivery selected by the buyer, provided, however, that no delivery fee shall be charged by a seller or reseller for tickets delivered electronically or tickets that may be printed independently by the buyer. |
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| 89 | 89 | | 3. This act shall take effect on the first day of the seventh month next after enactment. |
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| 95 | 95 | | STATEMENT |
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| 99 | 99 | | This bill requires, as defined in current law, a person, reseller, ticket broker, ticket issuer, and ticket resale website to disclose the total cost of a ticket, including all ancillary fees, including any service charge, to be paid in order to complete the purchase of a ticket. This is to be disclosed in a clear and conspicuous manner, in dollars, to the ticket purchaser. If a ticket is sold through a website, the information required to be disclosed is to be displayed prior to the ticket being selected for purchase. The information disclosed is not to be false or misleading, and is not to be presented more prominently or in the same or larger size as the total price. Moreover, the price of a ticket sold through a website is not to increase during the purchase process, excluding reasonable fees for delivery of non-electronic tickets based on the delivery method selected by the purchaser prior to payment for the ticket. |
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| 100 | 100 | | |
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| 101 | 101 | | Additionally, if a price is charged for admission to a venue, a place of entertainment, or their agent, representative, employee or licensee, cannot exact, demand, accept, or receive, directly or indirectly, any premium or price in excess of the set price plus lawful taxes whether designated as price, gratuity, or otherwise. However, nothing is to be construed to prohibit: (1) a reasonable service charge by the place of entertainment or an agent in charge of special services for the place of entertainment, including, but not limited to, sales away from the box office, credit card sales, or delivery; or (2) a place of entertainment or its agent from offering initial sale tickets by means of an auction. A reasonable and actual cost for the physical delivery of tickets may be charged by a seller or reseller based on the method of delivery selected by the buyer, provided, however, that no delivery fee is to be charged by a seller or reseller for tickets delivered electronically or tickets that may be printed independently by the buyer. |
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