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View NCGA Bill Details2011-2012 Session
House Bill 308 (Public) Filed Wednesday, March 9, 2011
Intro. by LaRoque, Guice, Tolson, Glazier.

Status: Re-ref Com On Judiciary Subcommittee B (House Action) (May 26 2011)
H 308

Bill Summaries:

  • Summary date: Mar 9 2011 - View Summary

    Adds a new Article 45, Admission Ticket Sales and Resales, to GS Chapter 66. Provides definitions for the following terms as used in the proposed Article: (1) admission ticket, (2) event, (3) on-sale date and time, (4) person, (5) public funding, (6) resale, (7) ticket issuer, and (8) venue.
    Defines event as any concert, theatrical performance, sporting event, exhibition, show or similarly scheduled activity taking place in this state that is open to the public, charges an admission fee, and is held at a venue that holds more than 1,000 persons. Includes venues built, maintained, or operated via public funding or are on property owned by a municipality or other government entity. Requires a ticket issuer to provide advance public notice of its ticket policies for each event subject to proposed Article 45. Specifies the information that the notice of the event must contain. Requires that the notice of the event be accompanied by certification that states all of the following: (1) the person making the notice is the ticket issuer or authorized designee of the ticket issuer, (2) the ticket issuer is in compliance with the minimum consumer protection standards set out in proposed GS 66-393, (3) all tickets designated for sale to the public will be available to sale to the general public as stated in the notice, and (4) all of the information in the notice is true and correct to the best of the knowledge and belief of the party submitting the message.
    Makes knowingly making a material false or misleading statement a violation of this proposed Article. Provides that nothing in these provisions is to be construed as restricting the sale or resale of any admission ticket that has not been identified in a public notice as a public sale admission ticket.
    Makes it unlawful for a ticket issuer to set limits for the purpose of restricting ticket resales, as specified, except as otherwise provided in proposed Article 45 or in GS 14-344.1. Provides that the scope of Article 45 does not apply to a person who resells 120 admission tickets or less in any 12-month period. Provides that Article 45 applies to the following trades or businesses: (1) acting as a ticket issuer (2) engaging in the resale of admission tickets, and (3) providing a physical or electronic marketplace for the sale or resale of admission tickets by other persons. Sets consumer protection minimum standards requiring a person engaging in business or trade regulated under this act to (1) maintain a toll-free telephone number for customers, and (2) implement and publish a standard refund policy that meets the stated minimum standards. Provides requirements for the refund policy. Permits implementing consumer protection policies that exceed the minimum standards provided under this Article.
    Permits the Department of Justice to bring a civil action in a court of this state for any violation of this Article to enforce laws of this state for the protection of consumers or the prevention of unfair or deceptive acts or practices. Provides criteria for remedies available in a civil action including injunctive relief and damages. Sets a two-year statute of limitations on bringing an action under this Article. Makes a conforming change to GS 1-53.
    Provides that proposed Article 45 of GS Chapter 66 preempts and supersedes any local ordinance or resolution that limits the price at which an admission ticket may be resold, imposes any restriction on the resale of an admission ticket that is inconsistent with this article, and permits any action prohibited by this Article, but only to the extent that it is inconsistent with this Article. Specifies conditions when no state law or local ordinance is to be treated as inconsistent with proposed Article 45.
    Provides exceptions that proposed Article 45 does not invalidate restrictions imposed on the resale of tickets by (1) sponsors or promoters of events solely intended to benefit charitable endeavors for which all the tickets are distributed free of charge or (2) not-for-profit educational institutions with respect to athletic events involving athletes or teams of that institution and ticket resales without charge to faculty, students, staff, or alumni and members of bona fide booster organizations making substantial financial contributions to the institution.

    Amends GS 14-344.1 (regarding the Internet sale of admission tickets in excess of printed price) to provide that a person who resells or offers to resell admission tickets under this statute must comply with the requirements of proposed new GS 66-393. Makes a conforming change.
    Effective January 1, 2012.