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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Ticket Sale and Resale Act is amended by | |||||||||||||||||||||||||||
5 | changing Sections 1, 1.5, and 2 and by adding Sections 1.7 and | |||||||||||||||||||||||||||
6 | 1.9 as follows:
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7 | (815 ILCS 414/1) (was 720 ILCS 375/1)
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8 | Sec. 1. Sale of tickets other than at box office | |||||||||||||||||||||||||||
9 | prohibited; exceptions.
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10 | (a) It is unlawful for any person, firm or corporation, | |||||||||||||||||||||||||||
11 | owner, lessee,
manager, trustee, or any of their employees or | |||||||||||||||||||||||||||
12 | agents, owning, conducting,
managing or operating any theater, | |||||||||||||||||||||||||||
13 | circus, sporting event baseball park , or place of public
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14 | entertainment or amusement where tickets of admission are sold | |||||||||||||||||||||||||||
15 | for any such
places of amusement or public entertainment (each | |||||||||||||||||||||||||||
16 | hereinafter referred to as a "primary seller") to do any of the | |||||||||||||||||||||||||||
17 | following: | |||||||||||||||||||||||||||
18 | (1) sell or permit the sale,
barter or exchange of | |||||||||||||||||||||||||||
19 | such admission tickets at any other place than in the
box | |||||||||||||||||||||||||||
20 | office or on the premises of such theater, circus, | |||||||||||||||||||||||||||
21 | sporting event baseball park , or place
of public | |||||||||||||||||||||||||||
22 | entertainment or amusement (each hereinafter referred to | |||||||||||||||||||||||||||
23 | as a "venue") , but nothing herein prevents such primary |
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| |||||||
1 | seller
theater, circus, baseball park, or place of public | ||||||
2 | entertainment or amusement
from placing any of its | ||||||
3 | admission tickets for sale at any other place at
the same | ||||||
4 | price such admission tickets are sold by such primary | ||||||
5 | seller theater, circus,
baseball park, or other place of | ||||||
6 | public entertainment or amusement at its
box office or on | ||||||
7 | the premises of such venue places , at the same advertised | ||||||
8 | price
or printed rate thereof ; . | ||||||
9 | (2) restrict the ability of a purchaser who has | ||||||
10 | purchased tickets from such primary seller to resell any | ||||||
11 | such tickets (A) independent of such primary seller and | ||||||
12 | any secondary ticket sales marketplace owned or affiliated | ||||||
13 | with such primary seller and (B) on the secondary ticket | ||||||
14 | sales marketplace of the purchaser's choice; or | ||||||
15 | (3) sanction or deny admission to an event on the | ||||||
16 | basis that such purchaser resold a ticket, gifted a | ||||||
17 | ticket, or purchased a resold ticket or otherwise | ||||||
18 | discriminate against a purchaser who has resold, gifted, | ||||||
19 | or purchased a resold ticket by: (A) charging any transfer | ||||||
20 | or other fees, regardless of how characterized, for the | ||||||
21 | transfer of a ticket outside of the ticketing system | ||||||
22 | operated by the primary seller, (B) requiring the | ||||||
23 | provision of any data regarding the resale transaction | ||||||
24 | other than data required to validate and fulfill the
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25 | ticket transfer request, or (C) otherwise impeding the
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26 | transfer of a ticket through technological obstacles or |
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1 | other means. | ||||||
2 | (b) Any term or condition of the original sale of a ticket | ||||||
3 | to any venue theater, circus, baseball park, or place of | ||||||
4 | public entertainment or amusement where tickets of admission | ||||||
5 | are sold that purports to limit the terms or conditions of | ||||||
6 | resale of the ticket (including but not limited to the resale | ||||||
7 | price of the ticket) is unenforceable, null, and void if the | ||||||
8 | resale transaction is carried out by any of the means set forth | ||||||
9 | in subsections (b), (c), (d) , and (f-5) , and (e) of Section 1.5 | ||||||
10 | of this Act. This subsection shall not apply to a term or | ||||||
11 | condition of the original sale of a ticket to any venue | ||||||
12 | theater, circus, baseball park, or place of public | ||||||
13 | entertainment or amusement where tickets of admission are sold | ||||||
14 | that purports to limit the terms or conditions of resale of a | ||||||
15 | ticket specifically designated as seating in a special section | ||||||
16 | for a person with a physical disability.
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17 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
18 | (815 ILCS 414/1.5) (was 720 ILCS 375/1.5)
| ||||||
19 | Sec. 1.5. Sale of tickets at more than face value | ||||||
20 | prohibited; exceptions.
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21 | (a) Except as otherwise provided in subsections (b), (c), | ||||||
22 | (d) , (e) , and (f-5) of this Section and in Section 4 , it is | ||||||
23 | unlawful for any person,
persons, firm or corporation to sell | ||||||
24 | tickets for baseball games, football
games, hockey games, | ||||||
25 | theater theatre entertainments, or any other amusement for a
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1 | price more than the price printed upon the face of said ticket, | ||||||
2 | and the
price of said ticket shall correspond with the same | ||||||
3 | price shown at the box
office or the office of original | ||||||
4 | distribution.
| ||||||
5 | (b) This Act does not apply to the resale of tickets of | ||||||
6 | admission to a venue
sporting event, theater, musical | ||||||
7 | performance, or place of public
entertainment or amusement of | ||||||
8 | any kind for a price in excess of the printed
box office ticket | ||||||
9 | price by a ticket broker who meets all of the following
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10 | requirements:
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11 | (1) The ticket broker is duly registered with the | ||||||
12 | Office of the
Secretary of State on a registration form | ||||||
13 | provided by that Office. The
registration must contain a | ||||||
14 | certification that the ticket broker:
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15 | (A) engages in the resale of tickets on a regular
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16 | and ongoing basis from one or more permanent or fixed | ||||||
17 | locations located
within
this State;
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18 | (B) maintains as the principal business activity | ||||||
19 | at those locations
the resale of tickets;
| ||||||
20 | (C) displays at those locations the ticket | ||||||
21 | broker's registration;
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22 | (D) maintains at those locations a listing of the | ||||||
23 | names and addresses of
all persons employed by the | ||||||
24 | ticket broker;
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25 | (E) is in compliance with all applicable federal, | ||||||
26 | State, and local laws
relating to its ticket selling |
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1 | activities, and that neither the ticket broker
nor any | ||||||
2 | of its employees within the preceding 12 months have | ||||||
3 | been convicted of
a violation of this Act; and
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4 | (F) meets the following requirements:
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5 | (i) the ticket broker maintains a toll free | ||||||
6 | number specifically dedicated for Illinois | ||||||
7 | consumer complaints and
inquiries concerning | ||||||
8 | ticket sales;
| ||||||
9 | (ii) the ticket broker has adopted a code that | ||||||
10 | advocates consumer protection that
includes, at a | ||||||
11 | minimum:
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12 | (a-1) consumer protection guidelines;
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13 | (b-1) a standard refund policy. In the | ||||||
14 | event a refund is due, the ticket broker shall | ||||||
15 | provide that refund without charge other than | ||||||
16 | for reasonable delivery fees for the return of | ||||||
17 | the tickets; and
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18 | (c-1) standards of professional conduct;
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19 | (iii) the ticket broker has adopted a | ||||||
20 | procedure for the binding resolution of consumer
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21 | complaints by an independent, disinterested third | ||||||
22 | party and thereby submits to the jurisdiction of | ||||||
23 | the State of Illinois; and
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24 | (iv) the ticket broker has established and | ||||||
25 | maintains a consumer protection rebate fund
in | ||||||
26 | Illinois in an amount in excess of $100,000, which |
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1 | must be cash
available for immediate disbursement | ||||||
2 | for satisfaction of valid consumer
complaints.
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3 | Alternatively, the ticket broker may fulfill the | ||||||
4 | requirements of
subparagraph (F) of this paragraph (1) if | ||||||
5 | the ticket broker certifies that he
or she belongs to a | ||||||
6 | professional association
organized under the laws of this | ||||||
7 | State, or organized under the laws of
any
other state and | ||||||
8 | authorized to conduct business in Illinois, that has been | ||||||
9 | in
existence for at least 3 years prior to the date of that | ||||||
10 | broker's registration
with the Office of the Secretary of | ||||||
11 | State, and is specifically
dedicated, for and on behalf of | ||||||
12 | its members, to provide and
maintain the consumer | ||||||
13 | protection requirements of subparagraph (F) of this | ||||||
14 | paragraph (1) to maintain the integrity of the ticket | ||||||
15 | brokerage industry.
| ||||||
16 | (2) (Blank).
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17 | (3) The ticket broker and his employees must not | ||||||
18 | engage in the
practice of selling, or attempting to sell, | ||||||
19 | tickets for any event while
sitting or standing near the | ||||||
20 | facility at which the event is to be held or
is being held | ||||||
21 | unless the ticket broker or his or her employees are on | ||||||
22 | property they own, lease, or have permission to occupy.
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23 | (4) The ticket broker must comply with all | ||||||
24 | requirements of the
Retailers' Occupation Tax Act and | ||||||
25 | collect and remit
all other applicable federal, State and
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26 | local taxes in connection with the ticket broker's ticket |
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| |||||||
1 | selling activities.
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2 | (5) Beginning January 1, 1996, no ticket broker shall | ||||||
3 | advertise for
resale any tickets within this State unless | ||||||
4 | the advertisement contains the
name of the ticket broker | ||||||
5 | and the Illinois registration number issued by the
Office | ||||||
6 | of the Secretary of State under this Section.
| ||||||
7 | (6) Each ticket broker registered under this Act shall | ||||||
8 | pay an annual
registration fee of $100. | ||||||
9 | (c) This Act does not apply to the sale of tickets of | ||||||
10 | admission to a venue sporting event, theater, musical | ||||||
11 | performance, or place of public entertainment or amusement of | ||||||
12 | any kind for a price in excess of the printed box office ticket | ||||||
13 | price by a reseller engaged in interstate or intrastate | ||||||
14 | commerce on a resale marketplace an Internet auction listing | ||||||
15 | service duly registered with the Office of the Secretary of | ||||||
16 | State on a registration form provided by that Office. "Resale | ||||||
17 | marketplace" means any business, including a website, software | ||||||
18 | application for a mobile device, or any other digital | ||||||
19 | platform, or portion thereof, which facilitates the resale of | ||||||
20 | tickets between sellers and purchasers. This subsection (c) | ||||||
21 | applies to both sales through an online bid submission process | ||||||
22 | and sales at a fixed price on the same website or interactive | ||||||
23 | computer service as an Internet auction listing service. | ||||||
24 | This subsection (c) applies to resales described in this | ||||||
25 | subsection only if such resales are made through a resale | ||||||
26 | marketplace that the operator of the Internet auction listing |
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1 | service meets the following requirements: | ||||||
2 | (1) the operator maintains a listing of the names and | ||||||
3 | addresses of its corporate officers; | ||||||
4 | (2) the operator is in compliance with all applicable | ||||||
5 | federal, State, and local laws relating to ticket selling | ||||||
6 | activities, and the operator's officers and directors have | ||||||
7 | not been convicted of a violation of this Act within the | ||||||
8 | preceding 12 months;
| ||||||
9 | (3) the operator maintains, either itself or through | ||||||
10 | an affiliate, a toll free number dedicated for consumer | ||||||
11 | complaints; | ||||||
12 | (4) the operator provides consumer protections that | ||||||
13 | include at a minimum: | ||||||
14 | (A) consumer protection guidelines; | ||||||
15 | (B) a standard refund policy that guarantees to | ||||||
16 | all purchasers that it will provide and in
fact | ||||||
17 | provides a full refund of the amount paid by the | ||||||
18 | purchaser (including, but not limited to, all fees, | ||||||
19 | regardless of how characterized) if the following | ||||||
20 | occurs: | ||||||
21 | (i) the ticketed event is cancelled and the | ||||||
22 | purchaser returns the tickets to the seller or | ||||||
23 | Internet auction listing service ; however, | ||||||
24 | reasonable delivery fees need not be refunded if | ||||||
25 | the previously disclosed guarantee specifies that | ||||||
26 | the fees will not be refunded if the event is |
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1 | cancelled; | ||||||
2 | (ii) the ticket received by the purchaser does | ||||||
3 | not allow the purchaser to enter the ticketed | ||||||
4 | event for reasons that may include, without | ||||||
5 | limitation, that the ticket is counterfeit or that | ||||||
6 | the ticket has been cancelled by the issuer due to | ||||||
7 | non-payment, unless the ticket is cancelled due to | ||||||
8 | an act or omission by such purchaser; | ||||||
9 | (iii) the ticket fails to conform to its | ||||||
10 | description on the resale marketplace Internet | ||||||
11 | auction listing service ; or | ||||||
12 | (iv) the ticket seller willfully fails to send | ||||||
13 | the ticket or tickets to the purchaser, or the | ||||||
14 | ticket seller attempted to deliver the ticket or | ||||||
15 | tickets to the purchaser in the manner required by | ||||||
16 | the resale marketplace Internet auction listing | ||||||
17 | service and the purchaser failed to receive the | ||||||
18 | ticket or tickets , unless such failure of delivery | ||||||
19 | was due to an act or omission of the purchaser ; and
| ||||||
20 | (C) standards of professional conduct;
| ||||||
21 | (5) the operator has adopted an independent and | ||||||
22 | disinterested dispute resolution procedure that allows | ||||||
23 | resellers or purchasers to file complaints against the | ||||||
24 | other and have those complaints mediated or resolved by a | ||||||
25 | third party, and requires the resellers or purchasers to | ||||||
26 | submit to the jurisdiction of the State of Illinois for |
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1 | complaints involving a ticketed event held in Illinois; | ||||||
2 | (6) the operator either: | ||||||
3 | (A) complies with all applicable requirements of | ||||||
4 | the Retailers' Occupation Tax Act and collects and | ||||||
5 | remits all applicable federal, State, and local taxes; | ||||||
6 | or
| ||||||
7 | (B) publishes a written notice on the website | ||||||
8 | after the sale of one or more tickets that | ||||||
9 | automatically informs the ticket reseller of the | ||||||
10 | ticket reseller's potential legal obligation to pay | ||||||
11 | any applicable local amusement tax in connection with | ||||||
12 | the reseller's sale of tickets, and discloses to law | ||||||
13 | enforcement or other government tax officials, without | ||||||
14 | subpoena, the name, city, state, telephone number, | ||||||
15 | e-mail address, user ID history, fraud complaints, and | ||||||
16 | bidding and listing history of any specifically | ||||||
17 | identified reseller or purchaser upon the receipt of a | ||||||
18 | verified request from law enforcement or other | ||||||
19 | government tax officials relating to a criminal | ||||||
20 | investigation or alleged illegal activity; and
| ||||||
21 | (7) the operator either: | ||||||
22 | (A) has established and maintains a consumer | ||||||
23 | protection rebate fund in Illinois in an amount in | ||||||
24 | excess of $100,000, which must be cash available for | ||||||
25 | immediate disbursement for satisfaction of valid | ||||||
26 | consumer complaints; or |
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1 | (B) has obtained and maintains in force an errors | ||||||
2 | and omissions insurance policy that provides at least | ||||||
3 | $100,000 in coverage.
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4 | (d) This Act does not apply to the resale of tickets of | ||||||
5 | admission to a venue sporting event, theater, musical | ||||||
6 | performance, or place of public entertainment or amusement of | ||||||
7 | any kind for a price in excess of the printed box office ticket | ||||||
8 | price conducted at an auction solely by or for a | ||||||
9 | not-for-profit organization for charitable purposes under | ||||||
10 | clause (a)(1) of Section 10-1 of the Auction License Act. | ||||||
11 | (e) (Blank). This Act does not apply to the resale of a | ||||||
12 | ticket for admission to a baseball game, football game, hockey | ||||||
13 | game, theatre entertainment, or any other amusement for a | ||||||
14 | price more than the price printed on the face of the ticket and | ||||||
15 | for more than the price of the ticket at the box office if the | ||||||
16 | resale is made through an Internet website whose operator | ||||||
17 | meets the following requirements: | ||||||
18 | (1) the operator has a business presence and physical | ||||||
19 | street address in the State of Illinois and clearly and | ||||||
20 | conspicuously posts that address on the website; | ||||||
21 | (2) the operator maintains a listing of the names of | ||||||
22 | the operator's directors and officers, and is duly | ||||||
23 | registered with the Office of the Secretary of State on a | ||||||
24 | registration form provided by that Office;
| ||||||
25 | (3) the operator is in compliance with all applicable | ||||||
26 | federal, State, and local laws relating to its ticket |
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| |||||||
1 | reselling activities regulated under this Act, and the | ||||||
2 | operator's officers and directors have not been convicted | ||||||
3 | of a violation of this Act within the preceding 12 months;
| ||||||
4 | (4) the operator maintains a toll free number | ||||||
5 | specifically dedicated for consumer complaints and | ||||||
6 | inquiries regarding ticket resales made through the | ||||||
7 | website; | ||||||
8 | (5) the operator either: | ||||||
9 | (A) has established and maintains a consumer | ||||||
10 | protection rebate fund in Illinois in an amount in | ||||||
11 | excess of $100,000, which must be cash available for | ||||||
12 | immediate disbursement for satisfaction of valid | ||||||
13 | consumer complaints; or | ||||||
14 | (B) has obtained and maintains in force an errors | ||||||
15 | and omissions policy of insurance in the minimum | ||||||
16 | amount of $100,000 for the satisfaction of valid | ||||||
17 | consumer complaints; | ||||||
18 | (6) the operator has adopted an independent and | ||||||
19 | disinterested dispute resolution procedure that allows | ||||||
20 | resellers or purchasers to file complaints against the | ||||||
21 | other and have those complaints mediated or resolved by a | ||||||
22 | third party, and requires the resellers or purchasers to | ||||||
23 | submit to the jurisdiction of the State of Illinois for | ||||||
24 | complaints involving a ticketed event held in Illinois; | ||||||
25 | (7) the operator either: | ||||||
26 | (A) complies with all applicable requirements of |
| |||||||
| |||||||
1 | the Retailers' Occupation Tax Act and collects and | ||||||
2 | remits all applicable federal, State, and local taxes; | ||||||
3 | or | ||||||
4 | (B) publishes a written notice on the website | ||||||
5 | after the sale of one or more tickets that | ||||||
6 | automatically informs the ticket reseller of the | ||||||
7 | ticket reseller's potential legal obligation to pay | ||||||
8 | any applicable local amusement tax in connection with | ||||||
9 | the reseller's sale of tickets, and discloses to law | ||||||
10 | enforcement or other government tax officials, without | ||||||
11 | subpoena, the name, city, state, telephone number, | ||||||
12 | e-mail address, user ID history, fraud complaints, and | ||||||
13 | bidding and listing history of any specifically | ||||||
14 | identified reseller or purchaser upon the receipt of a | ||||||
15 | verified request from law enforcement or other | ||||||
16 | government tax officials relating to a criminal | ||||||
17 | investigation or alleged illegal activity; and
| ||||||
18 | (8) the operator guarantees to all purchasers that it | ||||||
19 | will provide and in fact provides a full refund of the | ||||||
20 | amount paid by the purchaser (including, but not limited | ||||||
21 | to, all fees, regardless of how characterized) if any of | ||||||
22 | the following occurs: | ||||||
23 | (A) the ticketed event is cancelled and the | ||||||
24 | purchaser returns the tickets to the website operator; | ||||||
25 | however, reasonable delivery fees need not be refunded | ||||||
26 | if the previously disclosed guarantee specifies that |
| |||||||
| |||||||
1 | the fees will not be refunded if the event is | ||||||
2 | cancelled; | ||||||
3 | (B) the ticket received by the purchaser does not | ||||||
4 | allow the purchaser to enter the ticketed event for | ||||||
5 | reasons that may include, without limitation, that the | ||||||
6 | ticket is counterfeit or that the ticket has been | ||||||
7 | cancelled by the issuer due to non-payment, unless the | ||||||
8 | ticket is cancelled due to an act or omission by the | ||||||
9 | purchaser; | ||||||
10 | (C) the ticket fails to conform to its description | ||||||
11 | on the website; or | ||||||
12 | (D) the ticket seller willfully fails to send the | ||||||
13 | ticket or tickets to the purchaser, or the ticket | ||||||
14 | seller attempted to deliver the ticket or tickets to | ||||||
15 | the purchaser in the manner required by the website | ||||||
16 | operator and the purchaser failed to receive the | ||||||
17 | ticket or tickets.
| ||||||
18 | Nothing in this subsection (e) shall be deemed to imply | ||||||
19 | any limitation on ticket sales made in accordance with | ||||||
20 | subsections (b), (c), and (d) of this Section or any | ||||||
21 | limitation on sales made in accordance with Section 4.
| ||||||
22 | (f) The provisions of subsections (b), (c), and (d) , and | ||||||
23 | (e) of
this Section apply only to the resale of a ticket after | ||||||
24 | the initial sale of that ticket.
No reseller of a ticket may | ||||||
25 | refuse to sell tickets to another ticket reseller solely on | ||||||
26 | the basis that the purchaser is a ticket reseller or ticket |
| |||||||
| |||||||
1 | broker authorized to resell tickets pursuant to this Act.
| ||||||
2 | (f-5) In addition to the requirements imposed under | ||||||
3 | subsections (b), (c), (d), (e), and (f) of this Section, | ||||||
4 | ticket brokers and resellers must comply with the requirements | ||||||
5 | of this subsection. Before accepting any payment from a | ||||||
6 | purchaser, a ticket broker or reseller must disclose to the | ||||||
7 | purchaser in a clear, conspicuous, and readily noticeable | ||||||
8 | manner the following information: | ||||||
9 | (1) the registered name and city of the event venue; | ||||||
10 | (2) that the ticket broker or reseller is not the | ||||||
11 | event venue box office or its licensed ticket agent, but | ||||||
12 | is, instead, a ticket broker or reseller and that lost or | ||||||
13 | stolen tickets may be reissued only by ticket brokers or | ||||||
14 | resellers; | ||||||
15 | (3) whether it is registered under this Act; and | ||||||
16 | (4) its refund policy, name, and contact information. | ||||||
17 | Before selling and accepting payment for a ticket, a | ||||||
18 | ticket broker or reseller must require the purchaser to | ||||||
19 | acknowledge by an affirmative act the disclosures required | ||||||
20 | under this subsection. The disclosures required by this | ||||||
21 | subsection must be made in a clear and conspicuous manner, | ||||||
22 | appear together, and be preceded by the heading "IMPORTANT | ||||||
23 | NOTICE" which must be in bold face font that is larger than the | ||||||
24 | font size of the required disclosures. | ||||||
25 | Ticket brokers and resellers must guarantee a full refund | ||||||
26 | of the amount paid by the purchaser, including handling and |
| |||||||
| |||||||
1 | delivery fees, if any of the following occurs: | ||||||
2 | (1) the ticket received by the purchaser does not | ||||||
3 | grant the purchaser admission to the event described on | ||||||
4 | the ticket, unless it is due to an act or omission by the | ||||||
5 | purchaser; | ||||||
6 | (2) the ticket fails to conform substantially to its | ||||||
7 | description as advertised; or | ||||||
8 | (3) the event for which the ticket has been resold is | ||||||
9 | cancelled and not rescheduled. | ||||||
10 | This subsection (f-5) does not apply to a resale | ||||||
11 | marketplace an Internet auction listing service . | ||||||
12 | (g) The provisions of Public Act 89-406 are severable | ||||||
13 | under Section
1.31 of the Statute on Statutes. | ||||||
14 | (h) The provisions of this amendatory Act of the 94th | ||||||
15 | General Assembly are severable under Section
1.31 of the | ||||||
16 | Statute on Statutes.
| ||||||
17 | (Source: P.A. 99-431, eff. 1-1-16; 100-534, eff. 9-22-17.)
| ||||||
18 | (815 ILCS 414/1.7 new) | ||||||
19 | Sec. 1.7. Refund alternative for cancellations and | ||||||
20 | postponements of events caused by epidemics and pandemics; | ||||||
21 | primary sellers and resale marketplaces. | ||||||
22 | (a) This Section applies to ticket orders sold by primary | ||||||
23 | sellers and resale marketplaces after January 1, 2023. | ||||||
24 | (b) If a ticketed event is canceled and not rescheduled by | ||||||
25 | reason of any epidemic or pandemic or any other similar cause |
| |||||||
| |||||||
1 | not under the control of the primary seller or resale | ||||||
2 | marketplace, any ticket sales refunding requirement set forth | ||||||
3 | in other provisions of this Act do not apply and, as soon as a | ||||||
4 | time period of 45 days has elapsed after the official | ||||||
5 | cancellation of such ticketed event, the ticket purchaser may | ||||||
6 | request full compensation worth at least 100% of the value of | ||||||
7 | the purchaser's ticket order (including all fees, regardless | ||||||
8 | of how characterized) from the entity that directly sold the | ||||||
9 | purchaser the ticket. | ||||||
10 | (c) If a ticketed event is postponed or rescheduled by | ||||||
11 | reason of any epidemic or pandemic or any other similar cause | ||||||
12 | not under the control of the primary seller or resale | ||||||
13 | marketplace and the original tickets are valid for entry at | ||||||
14 | the time of the rescheduled event, then any purchaser of such | ||||||
15 | tickets shall not be entitled to a refund or other | ||||||
16 | compensation unless and until such ticketed event is canceled. | ||||||
17 | Notwithstanding the foregoing, if a postponed or rescheduled | ||||||
18 | ticketed event is rescheduled by the primary seller on a date | ||||||
19 | that is more than 12 months after the date that such event was | ||||||
20 | originally scheduled to occur, or remains postponed without a | ||||||
21 | rescheduled date announced for a 12-month period following the | ||||||
22 | originally scheduled date of performance, then as soon as the | ||||||
23 | date that is 12 months from the original date of performance of | ||||||
24 | the ticketed event occurs, the ticket purchaser may either: | ||||||
25 | (1) request full compensation worth at least 100% of | ||||||
26 | the value of the purchaser's ticket order (including all |
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1 | fees, regardless of how characterized) from the entity | ||||||
2 | that directly sold the purchaser the ticket; or | ||||||
3 | (2) retain and use the valid ticket at the rescheduled | ||||||
4 | event. | ||||||
5 | (d) Nothing in this Section shall prevent a primary seller | ||||||
6 | or resale marketplace from offering a full refund of the | ||||||
7 | amount paid to a purchaser upon such purchaser's request at | ||||||
8 | any time if such primary seller or resale marketplace opts to | ||||||
9 | do so. | ||||||
10 | (815 ILCS 414/1.9 new) | ||||||
11 | Sec. 1.9. Prohibition of certain ticket purchasing | ||||||
12 | software. A person may not knowingly use or sell software to | ||||||
13 | circumvent a security measure, access control system, or other | ||||||
14 | control or measure used by a primary seller or venue to enforce | ||||||
15 | event ticket purchasing limits or to maintain the integrity of | ||||||
16 | online ticket purchasing order rules.
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17 | (815 ILCS 414/2) (was 720 ILCS 375/2)
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18 | Sec. 2.
(a) Whoever violates any of the provisions of | ||||||
19 | Section 1, 1.5 , 1.7, or 1.9 of
this Act shall be guilty of a | ||||||
20 | business offense Class A misdemeanor and may be fined up
to | ||||||
21 | $5,000.00 for each offense and whoever violates any other | ||||||
22 | provision of
this Act may be enjoined and be required to make | ||||||
23 | restitution to all injured
consumers upon application for | ||||||
24 | injunctive relief by the State's Attorney or
Attorney General |
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1 | and shall also be guilty of a Class A misdemeanor , and any
| ||||||
2 | owner, lessee, manager or trustee convicted under this Act | ||||||
3 | shall, in
addition to the penalty herein provided, forfeit the | ||||||
4 | license of such theater
theatre , circus, baseball park, or | ||||||
5 | place of public entertainment or amusement
so granted and the | ||||||
6 | same shall be revoked by the authorities granting the same.
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7 | (b) (Blank). Tickets sold or offered for sale by a person, | ||||||
8 | firm or corporation
in violation of Section 1.5 of this Act may | ||||||
9 | be confiscated by a
court on
motion of the Attorney General, a | ||||||
10 | State's Attorney, the sponsor of the
event for which the | ||||||
11 | tickets are being sold, or the owner or operator of the
| ||||||
12 | facility at which the event is to be held, and may be donated | ||||||
13 | by order of
the court to an appropriate organization as | ||||||
14 | defined under Section 2 of the
Charitable Games Act.
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15 | (c) The Attorney General, a State's Attorney, the sponsor | ||||||
16 | of an event
for which tickets are being sold, or the owner or | ||||||
17 | operator of the facility
at which an event is to be held may | ||||||
18 | seek an injunction restraining any
person, firm or corporation | ||||||
19 | from selling or offering for sale tickets in
violation of the | ||||||
20 | provisions of this Act. In addition, on motion of the
Attorney | ||||||
21 | General, a State's Attorney, the sponsor of an event for which
| ||||||
22 | tickets are being sold, or the owner or operator of the | ||||||
23 | facility at which
an event is to be held, a court may | ||||||
24 | permanently enjoin a person, firm or
corporation found guilty | ||||||
25 | of violating Section 1.5 of this Act
from
engaging in the offer | ||||||
26 | or sale of tickets.
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1 | (Source: P.A. 99-78, eff. 7-20-15.)
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