Sponsored by:
Assemblyman KEVIN P. EGAN
District 17 (Middlesex and Somerset)
SYNOPSIS
Requires issuance of refund or credit for tickets purchased through reseller or ticket resale website for events that get postponed.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain tickets to postponed events and amending P.L.1983, c.135.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 9 of P.L.1983, c.135 (C.56:8-34) is amended to read as follows:
9. a. No person shall resell or purchase with the intent to resell any ticket, in or on any street, highway, driveway, sidewalk, parking area, or common area owned by a place of entertainment in this State, or any other area adjacent to or in the vicinity of any place of entertainment in this State as determined by the director; except that a person may resell, in an area which may be designated by a place of entertainment in this State, any ticket or tickets originally purchased for his own personal or family use at no greater than the lawful price permitted under P.L.1983, c.135 (C.56:8-26 et seq.).
b. Notwithstanding any other provision of law, any reseller or ticket resale website shall guarantee to each purchaser of resold tickets that the reseller or ticket resale website will provide a full refund of the amount paid by the purchaser, including, but not limited to, all fees, regardless of how characterized, if any of the following occurs:
(1) the event for which that ticket has been resold is cancelled, provided that if the event is cancelled, then actual handling and delivery fees need not be refunded as long as that previously disclosed guarantee specifies that those fees will not be refunded; [or]
(2) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket, for reasons that may include, but are not limited to, that the ticket is counterfeit, the ticket has been cancelled by the ticket issuer due to non-payment, or the event described on the ticket was cancelled for any reason prior to purchase of the resold ticket, unless the ticket is cancelled due to an act or omission by that purchaser; or
(3) the event for which that ticket has been resold is postponed, provided that if the event is postponed, then the actual handling and delivery fees need not be refunded as long as that previously disclosed guarantee specifies that those fees will not be refunded. In lieu of a refund, a reseller or ticket resale website may offer to the purchaser a credit in the amount paid to the reseller or ticket resale website by the purchaser for the ticket but excluding handling and delivery fees as long as this exclusion is previously disclosed. A refund issued pursuant to this paragraph shall be made available for a period of 30 days after the date of postponement is established.
c. (1) No reseller shall employ a tentative ticket policy whereby the reseller sells tickets that are not in the reseller's possession at the time of sale, unless that policy is disclosed to a ticket purchaser at the outset of the transaction. That disclosure shall include an approximate delivery date and the number of tickets that are guaranteed together, including the zone or section number. If the reseller is unsuccessful in securing those tickets, the reseller shall refund any deposit made by a purchaser of those tickets within 10 days after the event.
(2) A reseller shall not sell a ticket for the same seat to more than one person at the same time.
d. No person shall use or cause to be used any means, method or technology that is designed, intended or functions to disguise the identity of the purchaser with the purpose of purchasing or attempting to purchase a quantity of tickets to a place of entertainment in excess of authorized limits established by a ticket issuer.
e. No person shall use or cause to be used software, or any other technology or device, that is designed, intended or functions to interfere with a computer, computer network, or computer system, or any part thereof, for the purpose of purchasing or attempting to purchase or obtain access to a quantity of tickets to a place of entertainment in excess of authorized limits established by a ticket issuer, or that is designed, intended or functions to circumvent or disable any access control systems, electronic queues, waiting periods or other sales volume limitation systems to ensure the equitable distribution of tickets instituted on the website of the ticket issuer.
(cf: P.L.2018, c.117, s.3)
2. This act shall take effect immediately.
STATEMENT
The bill amends current law regarding the issuance of refunds for tickets purchased through a reseller or ticket resale website. Specifically, the bill requires a refund if the event for which a ticket has been resold is postponed, excluding the actual handling and delivery fees as long as the exclusion is previously disclosed. In lieu of a refund, a reseller or ticket resale website may offer to the purchaser a credit in the amount paid to the reseller or ticket resale website by the purchaser for the ticket but excluding handling and delivery fees as long as this exclusion is previously disclosed. A refund issued under the bill is to be made available for a period of 30 days after the date of postponement is established.