Amendment ID: S3178-20
Amendment 20
To make music affordable by reining in predatory ticket scalping
Mr. Fernandes, Ms. Comerford, Ms. Creem, Ms. Kennedy, Messrs. Cyr, Payano, Gómez, Oliveira and Velis, Ms. Rausch, Ms. Edwards and Mr. Cronin move that the proposed new text be amended by inserting at the end thereof the following section:-
"SECTION X. Chapter 140 of the General Laws is hereby amended by adding the following section:-
Section 207.
(a) For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Entertainer”, an individual, group or entity that performs at a live event.
“Live event”, a musical performance, sporting event, theatrical production, comedy show or other entertainment event performed in person to an in-person audience in an arena, concert venue, festival or other location where a performance takes place, including, but not limited to, an event licensed under sections 181 and 182 or chapter 128A; provided, however, that “live event” shall not include: (i) the broadcast or transmission of such an entertainment event attended exclusively via television, internet or other remote means; or (ii) in-person attendance at an entertainment event that consists of entertainment, whether live or recorded, that is observed by an audience solely via broadcast or transmission or by the playing of a recording, including, but not limited to, a showing of a film in a movie theater.
“Speculative ticket”, a ticket to a live event that is not in the actual possession of a ticket business at the time of listing, sale or advertisement, provided that this shall not include a ticket that has been returned to a live event venue or festival and reissued.
“Ticket business”, a person or entity engaged in advertising, selling, reselling or facilitating a mechanism for parties to participate in the sale or resale of any ticket to a live event.
(b) A ticket business shall not sell or resell, offer for sale or resale, or market or advertise for sale or resale a speculative ticket. This subsection shall not be construed to limit the sale of tickets for contingent future events, such as playoff games, or upgrade opportunities offered directly to buyers on the primary market by venues or teams.
(c) A ticket business shall not resell, offer to resell, or market or advertise the resale of any ticket for a price greater than 110 per cent of the price of the original ticket; provided, however, that this subsection shall not apply to: (i) tickets for sporting events; or (ii) tickets sold under a written contract with explicit permission from the artist and venue allowing for the resale of tickets at a price greater than 110 per cent of the price of the original ticket. Whenever applicable under this subsection, a ticket business shall disclose to consumers that the resale price of the ticket is limited to 110 per cent of the price of the original ticket.
(d) A ticket business shall not charge more than 10 per cent of the listed price of the ticket for the service of listing for resale or providing a marketplace for the resale of a ticket.
(e) A ticket business shall neither state nor imply that their exchange, website or reselling platform is affiliated with or endorsed by a venue, team or entertainer, including by using such words as ‘official’ in promotional materials, social media promotions, search engine optimization, paid advertising, or website addresses, unless the ticket business has the express written consent of the venue, team or entertainer.
(f) If a ticket business provides information about the number or percentage of available tickets for a given event, the information shall not mislead customers about the availability of tickets for sale by the ticket business or on the platforms of other ticket businesses.
(g) The office of consumer affairs and business regulation may promulgate regulations to implement this section.
(h) The attorney general may bring an action pursuant to section 4 of chapter 93A against a ticket business or otherwise to remedy violations of this section and for other relief that may be appropriate."