Full Text of HB5011 101st General Assembly
HB5011 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5011 Introduced 2/18/2020, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 815 ILCS 414/1.5 | was 720 ILCS 375/1.5 |
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Amends the Ticket Sale and Resale Act. Provides that service fees and shipping fees may not exceed 10% of the cost of the ticket being resold.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Ticket Sale and Resale Act is amended by | 5 | | changing Section 1.5 as follows:
| 6 | | (815 ILCS 414/1.5) (was 720 ILCS 375/1.5)
| 7 | | Sec. 1.5. Sale of tickets at more than face value | 8 | | prohibited; exceptions.
| 9 | | (a) Except as otherwise provided in subsections (b), (c), | 10 | | (d), (e), and (f-5) of this Section and in Section 4, it is | 11 | | unlawful for any person,
persons, firm or corporation to sell | 12 | | tickets for baseball games, football
games, hockey games, | 13 | | theatre entertainments, or any other amusement for a
price more | 14 | | than the price printed upon the face of said ticket, and the
| 15 | | price of said ticket shall correspond with the same price shown | 16 | | at the box
office or the office of original distribution.
| 17 | | (b) This Act does not apply to the resale of tickets of | 18 | | admission to a
sporting event, theater, musical performance, or | 19 | | place of public
entertainment or amusement of any kind for a | 20 | | price in excess of the printed
box office ticket price by a | 21 | | ticket broker who meets all of the following
requirements:
| 22 | | (1) The ticket broker is duly registered with the | 23 | | Office of the
Secretary of State on a registration form |
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| 1 | | provided by that Office. The
registration must contain a | 2 | | certification that the ticket broker:
| 3 | | (A) engages in the resale of tickets on a regular
| 4 | | and ongoing basis from one or more permanent or fixed | 5 | | locations located
within
this State;
| 6 | | (B) maintains as the principal business activity | 7 | | at those locations
the resale of tickets;
| 8 | | (C) displays at those locations the ticket | 9 | | broker's registration;
| 10 | | (D) maintains at those locations a listing of the | 11 | | names and addresses of
all persons employed by the | 12 | | ticket broker;
| 13 | | (E) is in compliance with all applicable federal, | 14 | | State, and local laws
relating to its ticket selling | 15 | | activities, and that neither the ticket broker
nor any | 16 | | of its employees within the preceding 12 months have | 17 | | been convicted of
a violation of this Act; and
| 18 | | (F) meets the following requirements:
| 19 | | (i) the ticket broker maintains a toll free | 20 | | number specifically dedicated for Illinois | 21 | | consumer complaints and
inquiries concerning | 22 | | ticket sales;
| 23 | | (ii) the ticket broker has adopted a code that | 24 | | advocates consumer protection that
includes, at a | 25 | | minimum:
| 26 | | (a-1) consumer protection guidelines;
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| 1 | | (b-1) a standard refund policy. In the | 2 | | event a refund is due, the ticket broker shall | 3 | | provide that refund without charge other than | 4 | | for reasonable delivery fees for the return of | 5 | | the tickets; and
| 6 | | (c-1) standards of professional conduct;
| 7 | | (iii) the ticket broker has adopted a | 8 | | procedure for the binding resolution of consumer
| 9 | | complaints by an independent, disinterested third | 10 | | party and thereby submits to the jurisdiction of | 11 | | the State of Illinois; and
| 12 | | (iv) the ticket broker has established and | 13 | | maintains a consumer protection rebate fund
in | 14 | | Illinois in an amount in excess of $100,000, which | 15 | | must be cash
available for immediate disbursement | 16 | | for satisfaction of valid consumer
complaints.
| 17 | | Alternatively, the ticket broker may fulfill the | 18 | | requirements of
subparagraph (F) of this paragraph (1) if | 19 | | the ticket broker certifies that he
or she belongs to a | 20 | | professional association
organized under the laws of this | 21 | | State, or organized under the laws of
any
other state and | 22 | | authorized to conduct business in Illinois, that has been | 23 | | in
existence for at least 3 years prior to the date of that | 24 | | broker's registration
with the Office of the Secretary of | 25 | | State, and is specifically
dedicated, for and on behalf of | 26 | | its members, to provide and
maintain the consumer |
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| 1 | | protection requirements of subparagraph (F) of this | 2 | | paragraph (1) to maintain the integrity of the ticket | 3 | | brokerage industry.
| 4 | | (2) (Blank).
| 5 | | (3) The ticket broker and his employees must not engage | 6 | | in the
practice of selling, or attempting to sell, tickets | 7 | | for any event while
sitting or standing near the facility | 8 | | at which the event is to be held or
is being held unless | 9 | | the ticket broker or his or her employees are on property | 10 | | they own, lease, or have permission to occupy.
| 11 | | (4) The ticket broker must comply with all requirements | 12 | | of the
Retailers' Occupation Tax Act and collect and remit
| 13 | | all other applicable federal, State and
local taxes in | 14 | | connection with the ticket broker's ticket selling | 15 | | activities.
| 16 | | (5) Beginning January 1, 1996, no ticket broker shall | 17 | | advertise for
resale any tickets within this State unless | 18 | | the advertisement contains the
name of the ticket broker | 19 | | and the Illinois registration number issued by the
Office | 20 | | of the Secretary of State under this Section.
| 21 | | (6) Each ticket broker registered under this Act shall | 22 | | pay an annual
registration fee of $100. | 23 | | (c) This Act does not apply to the sale of tickets of | 24 | | admission to a sporting event, theater, musical performance, or | 25 | | place of public entertainment or amusement of any kind for a | 26 | | price in excess of the printed box office ticket price by a |
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| 1 | | reseller engaged in interstate or intrastate commerce on an | 2 | | Internet auction listing service duly registered with the | 3 | | Office of the Secretary of State on a registration form | 4 | | provided by that Office. This subsection (c) applies to both | 5 | | sales through an online bid submission process and sales at a | 6 | | fixed price on the same website or interactive computer service | 7 | | as an Internet auction listing service. | 8 | | This subsection (c) applies to resales described in this | 9 | | subsection only if the operator of the Internet auction listing | 10 | | service meets the following requirements: | 11 | | (1) the operator maintains a listing of the names and | 12 | | addresses of its corporate officers; | 13 | | (2) the operator is in compliance with all applicable | 14 | | federal, State, and local laws relating to ticket selling | 15 | | activities, and the operator's officers and directors have | 16 | | not been convicted of a violation of this Act within the | 17 | | preceding 12 months;
| 18 | | (3) the operator maintains, either itself or through an | 19 | | affiliate, a toll free number dedicated for consumer | 20 | | complaints; | 21 | | (4) the operator provides consumer protections that | 22 | | include at a minimum: | 23 | | (A) consumer protection guidelines; | 24 | | (B) a standard refund policy that guarantees to all | 25 | | purchasers that it will provide and in
fact provides a | 26 | | full refund of the amount paid by the purchaser |
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| 1 | | (including, but not limited to, all fees, regardless of | 2 | | how characterized) if the following occurs: | 3 | | (i) the ticketed event is cancelled and the | 4 | | purchaser returns the tickets to the seller or | 5 | | Internet auction listing service; however, | 6 | | reasonable delivery fees need not be refunded if | 7 | | the previously disclosed guarantee specifies that | 8 | | the fees will not be refunded if the event is | 9 | | cancelled; | 10 | | (ii) the ticket received by the purchaser does | 11 | | not allow the purchaser to enter the ticketed event | 12 | | for reasons that may include, without limitation, | 13 | | that the ticket is counterfeit or that the ticket | 14 | | has been cancelled by the issuer due to | 15 | | non-payment, unless the ticket is cancelled due to | 16 | | an act or omission by such purchaser; | 17 | | (iii) the ticket fails to conform to its | 18 | | description on the Internet auction listing | 19 | | service; or | 20 | | (iv) the ticket seller willfully fails to send | 21 | | the ticket or tickets to the purchaser, or the | 22 | | ticket seller attempted to deliver the ticket or | 23 | | tickets to the purchaser in the manner required by | 24 | | the Internet auction listing service and the | 25 | | purchaser failed to receive the ticket or tickets; | 26 | | and
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| 1 | | (C) standards of professional conduct;
| 2 | | (5) the operator has adopted an independent and | 3 | | disinterested dispute resolution procedure that allows | 4 | | resellers or purchasers to file complaints against the | 5 | | other and have those complaints mediated or resolved by a | 6 | | third party, and requires the resellers or purchasers to | 7 | | submit to the jurisdiction of the State of Illinois for | 8 | | complaints involving a ticketed event held in Illinois; | 9 | | (6) the operator either: | 10 | | (A) complies with all applicable requirements of | 11 | | the Retailers' Occupation Tax Act and collects and | 12 | | remits all applicable federal, State, and local taxes; | 13 | | or
| 14 | | (B) publishes a written notice on the website after | 15 | | the sale of one or more tickets that automatically | 16 | | informs the ticket reseller of the ticket reseller's | 17 | | potential legal obligation to pay any applicable local | 18 | | amusement tax in connection with the reseller's sale of | 19 | | tickets, and discloses to law enforcement or other | 20 | | government tax officials, without subpoena, the name, | 21 | | city, state, telephone number, e-mail address, user ID | 22 | | history, fraud complaints, and bidding and listing | 23 | | history of any specifically identified reseller or | 24 | | purchaser upon the receipt of a verified request from | 25 | | law enforcement or other government tax officials | 26 | | relating to a criminal investigation or alleged |
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| 1 | | illegal activity; and
| 2 | | (7) the operator either: | 3 | | (A) has established and maintains a consumer | 4 | | protection rebate fund in Illinois in an amount in | 5 | | excess of $100,000, which must be cash available for | 6 | | immediate disbursement for satisfaction of valid | 7 | | consumer complaints; or | 8 | | (B) has obtained and maintains in force an errors | 9 | | and omissions insurance policy that provides at least | 10 | | $100,000 in coverage.
| 11 | | (d) This Act does not apply to the resale of tickets of | 12 | | admission to a sporting event, theater, musical performance, or | 13 | | place of public entertainment or amusement of any kind for a | 14 | | price in excess of the printed box office ticket price | 15 | | conducted at an auction solely by or for a not-for-profit | 16 | | organization for charitable purposes under clause (a)(1) of | 17 | | Section 10-1 of the Auction License Act. | 18 | | (e) This Act does not apply to the resale of a ticket for | 19 | | admission to a baseball game, football game, hockey game, | 20 | | theatre entertainment, or any other amusement for a price more | 21 | | than the price printed on the face of the ticket and for more | 22 | | than the price of the ticket at the box office if the resale is | 23 | | made through an Internet website whose operator meets the | 24 | | following requirements: | 25 | | (1) the operator has a business presence and physical | 26 | | street address in the State of Illinois and clearly and |
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| 1 | | conspicuously posts that address on the website; | 2 | | (2) the operator maintains a listing of the names of | 3 | | the operator's directors and officers, and is duly | 4 | | registered with the Office of the Secretary of State on a | 5 | | registration form provided by that Office;
| 6 | | (3) the operator is in compliance with all applicable | 7 | | federal, State, and local laws relating to its ticket | 8 | | reselling activities regulated under this Act, and the | 9 | | operator's officers and directors have not been convicted | 10 | | of a violation of this Act within the preceding 12 months;
| 11 | | (4) the operator maintains a toll free number | 12 | | specifically dedicated for consumer complaints and | 13 | | inquiries regarding ticket resales made through the | 14 | | website; | 15 | | (5) the operator either: | 16 | | (A) has established and maintains a consumer | 17 | | protection rebate fund in Illinois in an amount in | 18 | | excess of $100,000, which must be cash available for | 19 | | immediate disbursement for satisfaction of valid | 20 | | consumer complaints; or | 21 | | (B) has obtained and maintains in force an errors | 22 | | and omissions policy of insurance in the minimum amount | 23 | | of $100,000 for the satisfaction of valid consumer | 24 | | complaints; | 25 | | (6) the operator has adopted an independent and | 26 | | disinterested dispute resolution procedure that allows |
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| 1 | | resellers or purchasers to file complaints against the | 2 | | other and have those complaints mediated or resolved by a | 3 | | third party, and requires the resellers or purchasers to | 4 | | submit to the jurisdiction of the State of Illinois for | 5 | | complaints involving a ticketed event held in Illinois; | 6 | | (7) the operator either: | 7 | | (A) complies with all applicable requirements of | 8 | | the Retailers' Occupation Tax Act and collects and | 9 | | remits all applicable federal, State, and local taxes; | 10 | | or | 11 | | (B) publishes a written notice on the website after | 12 | | the sale of one or more tickets that automatically | 13 | | informs the ticket reseller of the ticket reseller's | 14 | | potential legal obligation to pay any applicable local | 15 | | amusement tax in connection with the reseller's sale of | 16 | | tickets, and discloses to law enforcement or other | 17 | | government tax officials, without subpoena, the name, | 18 | | city, state, telephone number, e-mail address, user ID | 19 | | history, fraud complaints, and bidding and listing | 20 | | history of any specifically identified reseller or | 21 | | purchaser upon the receipt of a verified request from | 22 | | law enforcement or other government tax officials | 23 | | relating to a criminal investigation or alleged | 24 | | illegal activity; and
| 25 | | (8) the operator guarantees to all purchasers that it | 26 | | will provide and in fact provides a full refund of the |
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| 1 | | amount paid by the purchaser (including, but not limited | 2 | | to, all fees, regardless of how characterized) if any of | 3 | | the following occurs: | 4 | | (A) the ticketed event is cancelled and the | 5 | | purchaser returns the tickets to the website operator; | 6 | | however, reasonable delivery fees need not be refunded | 7 | | if the previously disclosed guarantee specifies that | 8 | | the fees will not be refunded if the event is | 9 | | cancelled; | 10 | | (B) the ticket received by the purchaser does not | 11 | | allow the purchaser to enter the ticketed event for | 12 | | reasons that may include, without limitation, that the | 13 | | ticket is counterfeit or that the ticket has been | 14 | | cancelled by the issuer due to non-payment, unless the | 15 | | ticket is cancelled due to an act or omission by the | 16 | | purchaser; | 17 | | (C) the ticket fails to conform to its description | 18 | | on the website; or | 19 | | (D) the ticket seller willfully fails to send the | 20 | | ticket or tickets to the purchaser, or the ticket | 21 | | seller attempted to deliver the ticket or tickets to | 22 | | the purchaser in the manner required by the website | 23 | | operator and the purchaser failed to receive the ticket | 24 | | or tickets.
| 25 | | Nothing in this subsection (e) shall be deemed to imply any | 26 | | limitation on ticket sales made in accordance with subsections |
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| 1 | | (b), (c), and (d) of this Section or any limitation on sales | 2 | | made in accordance with Section 4.
| 3 | | (f) The provisions of subsections (b), (c), (d), and (e) of
| 4 | | this Section apply only to the resale of a ticket after the | 5 | | initial sale of that ticket. The provisions of subsections (b), | 6 | | (c), and (e) only apply if the service fees and shipping fees | 7 | | do not exceed 10% of the cost of the ticket being resold.
No | 8 | | reseller of a ticket may refuse to sell tickets to another | 9 | | ticket reseller solely on the basis that the purchaser is a | 10 | | ticket reseller or ticket broker authorized to resell tickets | 11 | | pursuant to this Act.
| 12 | | (f-5) In addition to the requirements imposed under | 13 | | subsections (b), (c), (d), (e), and (f) of this Section, ticket | 14 | | brokers and resellers must comply with the requirements of this | 15 | | subsection. Before accepting any payment from a purchaser, a | 16 | | ticket broker or reseller must disclose to the purchaser in a | 17 | | clear, conspicuous, and readily noticeable manner the | 18 | | following information: | 19 | | (1) the registered name and city of the event venue; | 20 | | (2) that the ticket broker or reseller is not the event | 21 | | venue box office or its licensed ticket agent, but is, | 22 | | instead, a ticket broker or reseller and that lost or | 23 | | stolen tickets may be reissued only by ticket brokers or | 24 | | resellers; | 25 | | (3) whether it is registered under this Act; and | 26 | | (4) its refund policy, name, and contact information. |
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| 1 | | Before selling and accepting payment for a ticket, a ticket | 2 | | broker or reseller must require the purchaser to acknowledge by | 3 | | an affirmative act the disclosures required under this | 4 | | subsection. The disclosures required by this subsection must be | 5 | | made in a clear and conspicuous manner, appear together, and be | 6 | | preceded by the heading "IMPORTANT NOTICE" which must be in | 7 | | bold face font that is larger than the font size of the | 8 | | required disclosures. | 9 | | Ticket brokers and resellers must guarantee a full refund | 10 | | of the amount paid by the purchaser, including handling and | 11 | | delivery fees, if any of the following occurs: | 12 | | (1) the ticket received by the purchaser does not grant | 13 | | the purchaser admission to the event described on the | 14 | | ticket, unless it is due to an act or omission by the | 15 | | purchaser; | 16 | | (2) the ticket fails to conform substantially to its | 17 | | description as advertised; or | 18 | | (3) the event for which the ticket has been resold is | 19 | | cancelled and not rescheduled. | 20 | | This subsection (f-5) does not apply to an Internet auction | 21 | | listing service. | 22 | | (g) The provisions of Public Act 89-406 are severable under | 23 | | Section
1.31 of the Statute on Statutes. | 24 | | (h) The provisions of this amendatory Act of the 94th | 25 | | General Assembly are severable under Section
1.31 of the | 26 | | Statute on Statutes.
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| 1 | | (Source: P.A. 99-431, eff. 1-1-16; 100-534, eff. 9-22-17.)
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