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REFERENCE TITLE: event tickets; transferability |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1521 |
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Introduced by Senator Ugenti-Rita
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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. "NonTransferable Ticketing System" means a system that restricts, through contractual or technological means, a person's ability to freely use, give away or resell tickets that the person purchases.
2. "Ticket issuer" means a person that makes tickets available, directly or indirectly, to an entertainment event and includes the operator of a venue, the sponsor or promoter of an entertainment event, a theatre company, musical group or similar participant in an entertainment event or an agent of any such person.
3. "Ticket Platform" means a marketplace that enables consumers to purchase and sell tickets.
44-1383.01. Ticket issuers; use of nontransferable ticketing system; allowable actions
A. Notwithstanding any contrary terms or conditions:
1. A ticket issuer may use a nontransferable ticketing system only if the consumer is offered an option at the time of initial sale to purchase the same ticket in a transferable form that allows tickets to be given away or resold independently of the ticket issuer's preferred ticket platform without penalty or discrimination.
2. A ticket buyer or seller may not be penalized, discriminated against or denied access to an event solely because of either of the following:
(a) The ticket was resold.
(b) the ticket platform through which the ticket was resold.
B. NOTWITHSTANDING subsection A of this section, a ticket issuer may do any of the following:
1. Maintain and enforce policies with respect to conduct, behavior or age at a venue or entertainment event.
2. Establish and enforce limits on the quantity of tickets that may be purchased.
3. Cancel tickets that were obtained in violation of 15 United States Code section 45c.
4. Offer tickets through a nontransferable ticketing system if the tickets are sold or given to individuals or groups as part of a private event or a targeted promotion at a discounted price and the tickets are offered because of the individuals' or groups' affiliations, including individuals or groups characterized by a disability, membership in a religious or civic organization or economic hardship. Tickets issued pursuant to this paragraph may not be offered promotionally to the general public and must be clearly marked as a ticket restricted to the specified individuals or groups.
C. This section does not apply to tickets that are issued for athletic or sporting events.
44-1383.02. 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.