Delaware SB 181: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE AND THE CHARTER OF THE TOWN OF DELMAR RELATING TO THE POLICE OFFICERS' AND FIREFIGHTERS' EMPLOYMENT RELATIONS ACT.

Bill Text

Legislation Document 

 SPONSOR: 

 Sen. Seigfried & Rep. Ross Levin 

 DELAWARE STATE SENATE 

 153rd GENERAL ASSEMBLY 

 SENATE SUBSTITUTE NO. 2 

 FOR 

 SENATE BILL NO. 181 

 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING THE SECONDARY TICKETING MARKET. 

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

 CHAPTER 25N. Sale and Resale of Tickets 

 § 2501N. Definitions. 

 As used in this chapter: 

 (1) "Bot" means any machine, device, computer program, or computer software that, on its own or with human assistance, bypasses security measures or access control systems on a retail ticket purchasing platform, or other controls or measures on a retail ticket purchasing platform that assist in implementing a limit on the number of tickets that can be purchased, to purchase tickets. 

 (2) “Division” means the Division of Consumer Protection of the Department of Justice established in § 2517 of Title 29. 

 (3) “Fan club” means a membership-based program, primarily established by venues, artists, or performers to offer pre-sale opportunities before public on-sale of tickets. 

 (4) “Original total price” means the total price the ticket issuer charges for a ticket at initial sale, including all original fees and taxes in connection with the initial ticket. 

 (5) “Primary ticketing platform” means a website or other system owned, operated, or authorized by an event organizer or venue operator that is used to conduct or facilitate the initial, primary sale of tickets. 

 (6) “Primary ticket seller” means, with respect to a ticket, any person who has the right to sell the ticket prior to or at the primary sale of the ticket, including the event organizer, or any person that provides services to conduct or facilitate the primary sale of tickets by or on behalf of the event organizer. 

 (7) "Resale" means the second or subsequent sale of a ticket by any method, including in-person transactions, telephone, mail, email, facsimile, or electronic means through websites or mobile apps. 

 (8) "Reseller" means a person engaged in the resale of tickets. 

 (9) "Secondary ticket exchange" means an electronic marketplace enabling the sale, purchase, and resale of tickets. 

 (10) "Speculative ticket" means a ticket not in the actual or constructive possession of the reseller at the time of listing, sale, or advertisement. This includes tickets not owned by the reseller or under contract to be transferred to the reseller at the time of sale. 

 (11) "Ticket" means any form of physical, electronic, or other evidence that grants the possessor of the evidence license to enter a place of entertainment for one or more events held in this State at a specified date and time. 

 § 2502N. Ticket disclosure requirements. 

 (a) This section applies to primary ticket sellers, secondary ticket exchanges, ticket issuers, and resellers. 

 (b) The following information must be clearly and conspicuously disclosed prior to payment information being required: 

 (1) The total price of the ticket, including all fees, taxes, and any additional charges other than shipping costs that may vary based on delivery options. 

 (2) An itemized breakdown of all components of the total price, including taxes, service charges, and other fees. 

 (3) Seat number or section of the ticket, where applicable, based on the venue's seating arrangement. 

 (c) The total price, including all fees, taxes, and applicable shipping costs, must be clearly disclosed before the final purchase. Shipping costs may vary by location and delivery method. 

 § 2503N. Prohibition of speculative ticket sales. 

 A reseller may not sell or offer to sell any speculative ticket. 

 § 2504N. Presale restrictions. 

 (a) A primary ticket provider, reseller, secondary ticket exchange, or any affiliate of these parties may not resell a ticket until tickets to the event have been placed on sale by the venue, event organizers, or their authorized agent. For purposes of this section, “placed on sale” means the date and time when tickets are made available for sale to the general public, excluding any prior sales to fan clubs, businesses, and persons for promotional activities. This paragraph does not apply to season or subscription ticket holders. 

 (b) A reseller, secondary ticket exchange, or any affiliate of these parties may not access, obtain, or resell a ticket through a fan club program before tickets are placed on sale. 

 § 2505N. Transferability and restrictions on tickets. 

 A ticket of admission to a theatrical exhibition, public show, public amusement or exhibition must be considered a license. Venue operators, or operators’ agents, may maintain and enforce policies, conditions, or requirements for ticket purchase with respect to conduct, behavior, public health and safety, or age at the venue or even