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REFERENCE TITLE: event ticket sales; transfers; restrictions |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2743 |
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Introduced by Representative Pierce
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AN ACT
amending title 44, chapter 9, Arizona Revised Statutes, by adding article 27; relating to trade practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, Arizona Revised Statutes, is amended by adding article 27, to read:
ARTICLE 27. EVENT TICKETS
44-1383. Definitions
In this article, unless the context otherwise requires:
1. "Issuer" means:
(a) A person or the person's agent that makes tickets available, directly or indirectly, to an entertainment event and that is the operator of a venue.
(b) The sponsor or promoter of an entertainment event or the sponsor's or promoter's agent.
(c) A sports team that is participating in an entertainment event, a league whose teams are participating in an entertainment event or the sports team's or league's agent.
(d) A theater company, musical group or similar participant in an entertainment event or the agent of the theater company, musical group or participant.
2. "Nontransferable ticketing system" means a ticketing system that restricts, through contractual or technological means, the ability of a ticket purchaser to use, give away or resell a ticket that is purchased through the system.
3. "Status or affiliation" means any status or affiliation of an individual or group, including an individual or group that is characterized by a disability or membership in a religious or civic organization.
4. "Ticket platform" means a marketplace that enables consumers to purchase and sell tickets.
44-1383.01. Issuers; transferable ticket option
A. Except as provided in subsection b of this section, an issuer that employs a nontransferable ticketing system shall offer a purchaser, without penalty or discrimination, an option at the time of initial sale to purchase the same ticket in a transferable form that allows the purchaser to give away or sell the ticket without logging into the issuer's preferred ticket platform.
b. An issuer may offer tickets to an individual or group as part of a targeted promotion, discounted price or private event offer based on status or affiliation through a nontransferable ticketing system without offering an option to purchase tickets in a transferable form. Any ticket issued through a nontransferable ticketing system pursuant to this subsection may not be offered promotionally to the general public and shall be clearly marked as a ticket restricted to the specified individual or group.
c. An issuer may:
1. Maintain and enforce policies with respect to conduct, behavior or age at the venue or entertainment event.
2. Establish limits on the quantity of tickets that may be purchased.
3. Revoke or restrict season tickets for reasons related to violations of venue policy, including:
(a) Attempts by two or more individuals to gain admission to the same entertainment event using tickets purchased in a resale transaction, with each individual presenting copies of the same ticket.
(b) Concerns regarding the protection or safety of individuals.
(c) Concerns regarding possible fraud or misconduct.
D. A ticket buyer or seller may not be penalized, discriminated against or denied access to an entertainment event solely because the ticket for the entertainment event was resold or because the ticket was resold on a specific ticket platform.
44-1383.02. Notice; purchase price
A ticket seller shall notify a ticket purchaser of the ticket's purchase price before the purchase occurs.
44-1383.03. Enforcement
An act or practice in violation of this article is an unlawful act or practice under section 44‑1522. The attorney general may investigate and take appropriate action as prescribed in chapter 10, article 7 of this title.