Vermont H 512: An act relating to modernizing land records and notarial acts law

Bill Text

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VT LEG #390151 v.1
No. 109. An act relating to the regulation of the event ticketing market.
(H.512)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 9 V.S.A. chapter 63, subchapter 2B is added to read:
Subchapter 2B. Event Tickets
§ 2479f. RESALE OF EVENT TICKETS
(a) Definitions. As used in this section:
(1) “Independent venue” means an event space that derives a majority of
its revenue, excluding charitable donations, from ticket events, is not majority
owned by a publicly traded company, and does not operate venues in more
than 10 states.
(2) “Price” means the total amount paid or to be paid for a ticket,
including all taxes, fees, and charges. Price does not include actual shipping
costs.
(3) “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 phone applications.
(4) “Reseller” means a business entity engaged in the sale or resale of
tickets. A “reseller” does not include an individual reselling a ticket purchased
for personal use.
(5) “Secondary ticket exchange” means an electronic marketplace
enabling the sale, purchase, and resale of tickets.

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(6) “Speculative ticket” means a ticket not in the actual or constructive
possession at the time a person lists, advertises, or offers the ticket for sale or
resale. This includes tickets not owned or under contract to be transferred at
the time of sale.
(7) “Ticket” means any form of physical, electronic, or other evidence
that grants the possessor of the evidence license to enter a place of
entertainment within the State for one or more events at a specified date and
time.
(8) “Ticket issuer” means a person or entity that issues tickets for initial
sale, including musicians, venues, promoters, theater companies, marketplaces
for initial purchases, or their agents.
(b) Ticket disclosure requirements.
(1) A ticket issuer shall include on the face of a ticket in a clear and
conspicuous manner the total price of the original ticket.
(2) A person operating a secondary ticket exchange shall provide a
statement in a clear and conspicuous manner informing any customer:
(A) whether the customer is purchasing the ticket from a ticket issuer
or a reseller as the case may be; and
(B) that the resale price of the ticket is limited by subsection (c) of
this section.
(3) If a secondary ticket exchange provides information about the
number or percentage of available tickets for a given event, the information

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shall not mislead customers about the availability of tickets on that platform or
on other platforms.
(c) Price cap on the resale of event tickets.
(1) A ticket reseller shall not sell or offer for sale a ticket at a price
greater than 110 percent of the price of an original ticket.
(2) A secondary ticket exchange shall not authorize for resale on the
exchange a ticket for a price at greater than 110 percent of the price of an
original ticket.
(3) This subsection shall apply to the resale of tickets where the event is
held at an independent venue and where:
(A) the seating capacity of the venue is 3,000 individuals or fewer;
(B) the event is to be held at a nonprofit venue that hosts agricultural
fairs, exhibitions, or multiday community events in addition to live
performances; or
(C) the venue is primarily used for collegiate or amateur sports.
(4) This subsection shall not apply to the resale of a ticket under a
written contract with the ticket issuer for the resale of tickets at a price greater
than 110 percent of the price of the original ticket.
(d) Ban on deceptive URLs and improper use of intellectual property. It
shall be unlawful for a secondary ticket exchange, reseller, or the operator of
any website purporting to sell or offer for sale event tickets that links or
redirects to a secondary ticket exchange or reseller to:

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(1) use deceptive website addresses or imply endorsement or ownership
of any intellectual property of the venue or artist without explicit written
authorization of the venue or artist; or
(2) state or imply that the secondary ticket exchange, reseller, or website
is affiliated with or endorsed by a venue, team, or artist, including by using
words such as “official” in promotional materials, social media promotions,
search engine optimization, paid advertising, URLs, or search engine
monetization, unless the secondary ticket exchange, reseller, or website has the
express written consent of the venue, team, or artist.
(e) Prohibition on speculative ticket sales. A person shall not sell or offer
for sale speculative tickets.
(f) Violations. A person that violates a provision of this section commits
an unfair and deceptive act in commerce in violation of section 2453 of this
title.
Sec. 2. REPEAL
9 V.S.A. chapter 63, subchapte