Under this act, a ticket issuer shall not employ a non-transferable ticketing system, as defined in this act, unless the issuer also offers an option to purchase the tickets in a transferable form. Further, this act prohibits discrimination against any ticket buyer or seller based upon their tickets being transferred or resold. This act also prohibits any person from knowingly using or selling software to circumvent a security measure or access a control system used by a primary or secondary ticket platform.

Under this act, a ticket issuer may engage in certain activities, including maintaining policies with respect to conduct, behavior or age at a venue or entertainment event, establishing limits on the quantity of tickets that may be purchased, revoking or restricting season tickets for reasons related to policy violations, and electing not to offer tickets in a transferable form under certain conditions.

Any person violating provisions relating to the use of automated ticket purchasing software shall be subject to a civil penalty not to exceed $1,500, but shall not be less than $750. Any person violating this provision that has previously been assessed a civil penalty shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $5,000, but shall not be less than $1,000. Further, all profits shall be subject to civil forfeiture. Additionally, any person harmed may bring an action in any court of competent jurisdiction to recover actual damages, punitive damages not to exceed 3 times the amount of actual damages, and other relief as set forth in this act.

This act is similar to SB 292 (2017), a provision contained in HCS/HB 502 (2017), SCS/SB 751 (2016), HB 2715 (2016), SB 516 (2015), and a provision contained in HCS/HB 502 (2017).

KAYLA HAHN