2018 -- S 2618

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LC004787

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - SHOWS AND EXHIBITIONS

     Introduced By: Senators Pearson, DiPalma, Paolino, Lombardo, and DaPonte

     Date Introduced: March 01, 2018

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-22-26 of the General Laws in Chapter 5-22 entitled "Shows and

Exhibitions" is hereby amended to read as follows:

     5-22-26. Ticket speculators. Ticket sales and resale.

     (a) When used in this section, the following words and phrases shall have the following

meanings:

     (1) "Non-transferable ticketing system" means restricting, through contractual or

technological means, a ticket purchaser's ability to freely use, give away, or resell the tickets they

have purchased.

     (2) "Ticket issuer" means any person that makes tickets available, directly or indirectly,

to an entertainment event, and may include the operator of a venue; the sponsor or promoter of an

entertainment event; a sports team participating in an entertainment event or a league whose

teams are participating in 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.

     (4) "Resale of tickets" means the act of reselling tickets purchased from the ticket issuer.

     (b) No person shall sell resell, offer for sale resale, or attempt to sell resell any ticket,

privilege, or license of admission to an entertainment event, including, but not limited to, any

place of public amusement, arena, stadium, theatre, performance, sport, exhibition, or athletic

contest in this state at a price greater than the price, including tax, printed on the ticket, and a

reasonable service charge for services actually rendered not to exceed three dollars ($3.00) or ten

percent (10%) of the price printed on the ticket, whichever is greater. The owner or operator of

the property on which an entertainment event is to be held or is being held may authorize, in

writing, any person to sell a ticket, privilege, or license of admission at a price in excess of that

authorized under this section. That writing shall specify the price for which the ticket, privilege,

or license of admission is to be sold. Any person violating any provision of this section is guilty

of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) for each

offense. unless they provide the ticket purchaser a full refund or comparable replacement ticket if:

     (1) The event is canceled and not rescheduled;

     (2) The ticket received by the purchaser is counterfeit;

     (3) The ticket fails to conform to the description provided by the seller or reseller;

     (4) The ticket was not delivered to the purchaser prior to the occurrence of the event,

unless such failure of delivery was due to an act or omission of the purchaser; or

     (5) The ticket does not provide the consumer admission to the event for which it was

purchased.

     (c) The refund shall include the full price paid by the consumer for the ticket, in addition

to all fees charged in connection with that purchase, including, but not limited to, download,

delivery, and shipping fees.

     (d) A person subject to this section by engaging in the resale of event tickets may satisfy

the requirements of this section by utilizing a ticket platform that fully complies with this section.

     (e) Notwithstanding any contrary terms or conditions:

     (1) A ticket issuer may employ 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 independent of the ticket issuer's preferred ticket

platform, without penalty or discrimination.

     (2) A ticket buyer or seller shall not be penalized, discriminated against, or denied access

to an event solely on the grounds that, or the ticket platform through which, the ticket or tickets

were resold.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - SHOWS AND EXHIBITIONS

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     This act would establish that a person reselling tickets for an entertainment event would

provide a full refund if the event is cancelled and not rescheduled, the ticket is counterfeit,

misrepresented, delivered after the event or fails to provide admission. It would allow ticket

issuers to sell nontransferable tickets only if transferable tickets are also offered. It would remove

the criminal penalty for violation of this section.

     This act would take effect upon passage.

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LC004787

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