South Carolina H 3449: Ticket resales

Status: Referred to Committee on Labor, Commerce and Industry (as of 2025-01-14)

State: South Carolina · Session: 2025-2026 · Bill: H 3449

Sponsors: Rutherford

Bill Text

2025-2026 Bill 3449 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3449

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-17-710, RELATING TO TICKET RESALES, SO AS TO REMOVE CERTAIN 
EXCEPTIONS; AND BY AMENDING SECTION 39-5-36, RELATING TO THE RESALE OF TICKETS 
FOR MORE THAN THE ORIGINAL PRICE, SO AS TO REMOVE CERTAIN EXCEPTIONS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 16-17-710 of the S.C. Code is amended to read:

 Section 
16-17-710. (A) A person or entity 
who offers for resale or resells a ticket for admission to an event must 
request or receive no more than one dollar above the price charged by the 
original ticket seller.

 (B) This section does not 
apply to an open market event ticket offered for resale through an internet 
website or at a permitted physical location when the person or entity reselling 
the ticket guarantees to the ticket buyer a full refund of the amount paid for 
the ticket if:

 (1) the event is 
cancelled, except that ticket delivery and processing charges are not required 
to be refunded if disclosed in the guarantee;

 (2) the buyer is denied 
admission to the event, unless the denial is due to the act or omission of the 
buyer; or

 (3) the ticket is not 
delivered to the buyer and the failure results in the buyer's inability to use 
the ticket to attend the event.

 (C) For purposes of this 
section, the term "open market event ticket" means a ticket to an event other 
than an event sponsored by or taking place at a venue owned by an institution 
of higher education. An institution of higher education may designate a 
ticket as an open market event ticket if the institution approves the resale of 
the ticket prior to the initial sale or delivery of the ticket and issues a 
public statement or notice authorizing the resale of the ticket.

 (D) For purposes of this 
section, the term "permitted physical location" is a physical geographic 
location that is either:

 (1) on property not 
owned by the owner of the venue of the ticketed event or on public property 
even if the property is the venue of the ticketed event subject to reasonable 
restrictions or conditions imposed by the owner to protect the safety and 
welfare of attendees of the ticketed event; or

 (2) on private property 
owned by the owner of the venue of the ticketed event if the owner expressly 
authorizes in writing such resales to occur on the property. The owner may 
provide specific locations on the property for resales to occur and provide for 
any conditions for resales on the property.

 (EB) A person or entity who 
violates the provisions of this section is guilty of a misdemeanor and, upon 
conviction, must be fined not more than one hundred dollars or imprisoned not 
more than thirty days.

 (FC) The resale or offer for 
resale of each ticket constitutes a separate offense.

SECTION 2. Section 39-5-36 of the S.C. Code is amended to read:

 Section 
39-5-36. (A) A person or firm who 
knowingly purchases a quantity of tickets for admission to an event which 
exceeds the maximum quantity posted by or on behalf of the original ticket 
seller at the point of original sale or printed on the tickets and intends to 
resell the tickets in excess of one dollar above the price charged by the 
original ticket seller violates the South Carolina Unfair Trade Practices Act 
and is subject to its provisions, penalties, and damages.

 (B) A 
person or firm who violates the provisions of Section 16-17-710(A) is subject 
to the provisions, penalties, and damages of the South Carolina Unfair Trade 
Practices Act.

 (C) A person or firm is not 
liable pursuant to this section with respect to tickets for which the person or 
firm is the original ticket seller.

 (D) For purposes of this 
section, the term "original ticket seller" means the issuer of the tickets or a 
person or firm who provides ticket distribution services or ticket sales 
service under a contract with the issuer.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 12:01 PM

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