This document includes Senate Committee Amendments incorporated into the bill on Wed, Jan 30, 2019 at 10:53 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 4, 2019 at 1:28 PM by lpoole.1
7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to consumer protection and event tickets.
10 Highlighted Provisions:
11 This bill:
12 ▸ enacts the Ticket Sales Act;
13 ▸ defines terms;
14 ▸ requires a person who issues a ticket to an event to issue the ticket using a delivery
15 method that enables the purchaser to lawfully resell the ticket independent of the
16 person who issued the ticket;
17 ▸ allows a person to issue a restricted ticket, under certain circumstances;
18 ▸ provides that a person who issues a restricted ticket shall give the purchaser a
19 conspicuous written disclosure stating that the ticket is nontransferrable;
20 ▸ prohibits a person from treating an individual differently because the individual
21 resold a ticket to an event or purchased a resold ticket to an event;
22 ▸ addresses required reporting to the Division of Consumer Protection; and
23 ▸ addresses enforcement of the Ticket Sales Act.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
27 This bill provides a special effective date.
28 Utah Code Sections Affected:
30 13-2-1, as last amended by Laws of Utah 2018, Chapters 252 and 290
32 13-54-101, Utah Code Annotated 1953
33 13-54-102, Utah Code Annotated 1953
34 13-54-103, Utah Code Annotated 1953
35 13-54-201, Utah Code Annotated 1953
36 13-54-301, Utah Code Annotated 1953
37 13-54-302, Utah Code Annotated 1953
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 13-2-1 is amended to read:
41 13-2-1. Consumer protection division established -- Functions.
42 (1) There is established within the Department of Commerce the Division of Consumer
44 (2) The division shall administer and enforce the following:
45 (a) Chapter 5, Unfair Practices Act;
46 (b) Chapter 10a, Music Licensing Practices Act;
47 (c) Chapter 11, Utah Consumer Sales Practices Act;
48 (d) Chapter 15, Business Opportunity Disclosure Act;
49 (e) Chapter 20, New Motor Vehicle Warranties Act;
50 (f) Chapter 21, Credit Services Organizations Act;
51 (g) Chapter 22, Charitable Solicitations Act;
52 (h) Chapter 23, Health Spa Services Protection Act;
53 (i) Chapter 25a, Telephone and Facsimile Solicitation Act;
54 (j) Chapter 26, Telephone Fraud Prevention Act;
55 (k) Chapter 28, Prize Notices Regulation Act;
56 (l) Chapter 32a, Pawnshop and Secondhand Merchandise Transaction Information Act;
57 (m) Chapter 34, Utah Postsecondary Proprietary School Act;
58 (n) Chapter 34a, Utah Postsecondary School State Authorization Act;
59 (o) Chapter 39, Child Protection Registry;
60 (p) Chapter 41, Price Controls During Emergencies Act;
61 (q) Chapter 42, Uniform Debt-Management Services Act;
62 (r) Chapter 49, Immigration Consultants Registration Act;
63 (s) Chapter 51, Transportation Network Company Registration Act;
64 (t) Chapter 52, Residential Solar Energy Disclosure Act; [
65 (u) Chapter 53, Residential, Vocational and Life Skills Program Act[
66 (v) Chapter 54, Ticket Sales Act.
67 Section 2. Section 13-54-101 is enacted to read:
70 13-54-101. Title.
71 This chapter is known as the "Ticket Sales Act."
72 Section 3. Section 13-54-102 is enacted to read:
73 13-54-102. Definitions.
74 As used in this section:
75 (1) "Division" means the Division of Consumer Protection in the Department of
77 (2) "Event" means a single, specific occurrence of Ŝ→ [
78 or other occasion.
78a (a) a concert;
78b (b) a game;
78c (c) a performance;
78d (d) a show; or
78e (e) an occasion similar to the occasions described in Subsections (2)(a) through (d). ←Ŝ
79 (3) "Exempt entity" means:
80 (a) a Division I college postseason basketball tournament; Ŝ→ [
81 (b) a nonprofit organization that:
82 (i) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
84 (ii) is domiciled in the state; and
85 (iii) produces an annual international film festival in the state Ŝ→ [
85a (c) a public or private postsecondary institution that is located in the state. ←Ŝ
86 (4) "Restricted ticket" means a ticket to an event that is subject to a restriction that
87 prohibits the purchaser from reselling or otherwise transferring the ticket by any lawful
89 (5) "Transferrable ticket" means a ticket to an event that a person issues using a
90 delivery method that enables the purchaser to lawfully resell the ticket independent of the
91 person who issued the ticket or the person's agent or operator.
91a Ŝ→ (6) (a) "Venue" means real property located in the state where one or more persons
91b host a concert, game, performance, show, or similar occasion.
91c (b) "Venue" includes an arena, a stadium, a theater, a concert hall, an amphitheater, a
91d fairground, a club, a convention center, a public assembly facility, or a mass gathering
91e location. ←Ŝ
91f Ŝ→ (7) "Venue operator" means a person who operates a venue. ←Ŝ
92 Section 4. Section 13-54-103 is enacted to read:
93 13-54-103. Scope.
94 (1) This chapter does not apply to an Ŝ→ [
95 education, as defined in Section 53B-3-102, including an athletic event, concert, or theatrical
97 (2) Nothing in this chapter prohibits a venue Ŝ→ operator ←Ŝ from maintaining and
97a enforcing one or
98 more policies regarding conduct or behavior at or in connection with the venue.
99 Section 5. Section 13-54-201 is enacted to read:
101 13-54-201. Limitations on ticket resale restrictions -- Ŝ→ [
102 (1) Except as provided in Subsection (2), each ticket Ŝ→ [
102a event shall
103 be a transferrable ticket.
104 (2) (a) (i) Ŝ→ [
105 for an event as restricted tickets
106 (ii) The total number of tickets described in Subsection (2)(a)(i):
107 (A) includes each ticket that provides access to the event, regardless of whether the
108 ticket is made available for sale; and
109 (B) does not include a ticket that is part of a youth basketball program associated with
110 a professional sports team where tickets are donated or issued at a reduced rate.
111 (b) Notwithstanding Subsection (2)(a), each calendar year, Ŝ→ [
112 unlimited number of restricted tickets Ŝ→ may be issued ←Ŝ for up to 10% of the total concert and
112a theater events held
113 at the Ŝ→ same ←Ŝ venue during the calendar year.
114 Ŝ→ [
115 unlimited number of restricted tickets.
116 (3) A person who issues a restricted ticket shall provide the purchaser a clear and
117 conspicuous written notice that states the ticket may not be resold or transferred.
118 (4) A person may not discriminate against an individual or deny an individual
119 admission to an event solely because the individual:
120 (a) resold a ticket to the event independent of the person who issued the ticket or the
121 person's agent or operator; or
122 (b) purchased a resold ticket to the event independent of the person who issued the
123 ticket or the person's agent or operator.
124 Section 6. Section 13-54-301 is enacted to read:
126 13-54-301. Enforcement powers -- Penalty.
127 (1) The division may enforce the provisions of this chapter in accordance with Chapter
128 2, Division of Consumer Protection.
129 (2) A person who violates a provision of this chapter is subject to a fine of up to $250
130 per violation.
131 Section 7. Section 13-54-302 is enacted to read:
132 13-54-302. Reporting.
133 Ŝ→ [
134 is subject to the provisions of this chapter shall submit a report to the division that contains the
135 following information for the six months preceding the day on which the person submits the
137 (1) the number of transferrable tickets the person issued;
138 (2) the number of restricted tickets the person issued;
139 (3) the number of scheduled concert and theater events for which the person issued
140 tickets; and
141 (4) the number of events for which the person issued restricted tickets under
142 Subsection 13-54-201(2)(b).
142a (1) As used in this section, "reporting period" means:
142b (a) for a report submitted under this section in compliance with a July 15 deadline,
142c January 1 through June 30 of the calendar year in which the report is submitted; or
142d (b) for a report submitted under this section in compliance with a January 15 deadline,
142e July 1 through December 31 of the calendar year immediately preceding the calendar year in
142f which the report is submitted.
142g (2) On or before July 15, 2020, and July 15 of each year thereafter, a Ŝ→ [
142h a restricted ticket for an event scheduled during the reporting period
142h1 submit a report
142i described in Subsection (4) to the division Ŝ→ , if there was an event scheduled at the venue
142i1 during the reporting period for which a person issued one or more restricted tickets ←Ŝ .
142j (3) On or before January 15, 2021, and January 15 of each year thereafter, Ŝ→ [
142k who issued a restricted ticket for an event scheduled during the reporting period
142k1 ☆←Ŝ shall submit a
142l report described in Subsection (4) to the division Ŝ→ , if there was an event scheduled at the
142l1 venue during the reporting period for which a person issued one or more restricted tickets ←Ŝ
142m (4) A report submitted in accordance with this section shall contain the
142n following information:
142o (a) for each event scheduled Ŝ→ at the venue ←Ŝ during the reporting period and for
142o1 which Ŝ→ [
142p issued a restricted ticket:
142q (i) the total number of tickets Ŝ→ [
142r (ii) the number of restricted tickets Ŝ→ [
142s Ŝ→ (iii) the date of the event; and ←Ŝ
142t Ŝ→ (iv) the type of event; Ŝ→ [
142u Ŝ→ (v) the name of the venue where the event was scheduled to occur;
142v Ŝ→ (b) (i) for a report submitted in compliance with a July 15 deadline, the number of
142w concert or theater events Ŝ→ [
142w1 reporting period; or ←Ŝ
142x Ŝ→ (ii) for a report submitted in compliance with a January 15 deadline, the number of
142y concert or theater events Ŝ→ [
142y1 preceding calendar year; and ←Ŝ
142z Ŝ→ (c) the number of concert or theater events Ŝ→ [
142z1 venue ←Ŝ during the reporting
142aa period for which Ŝ→ [
142aa1 201(2)(b) Ŝ→ [
142ac Ŝ→ Ŝ→ [
143 Section 8. Effective date.
144 This bill takes effect on January 1, 2020.