HOUSE BILL 24-1378 BY REPRESENTATIVE(S) Lindstedt and

HOUSE

BILL

24-1378

BY

REPRESENTATIVE(S)

Lindstedt

and

Valdez,

Amabile,

Bacon,

Bird,

Boesenecker,

Brown,

Duran,

Epps,

Froelich,

Hamrick,

Jodeh,

Lieder,

Mabrey,

Marshall,

Mauro,

McCormick,

McLachlan,

Ortiz,

Parenti,

Rutinel,

Sirota,

Snyder,

Titone,

Willford,

Young,

McCluskie,

Daugherty,

Hernandez,

Ricks,

Woodrow;

also

SENATOR(S)

Sullivan

and

Gardner,

Buckner,

Cutter,

Exum,

Hinrichsen,

Liston,

Michaelson

Jenet,

Priola.

CONCERNING

CONSUMER

PROTECTION

IN

EVENT

TICKET

SALES.

Be

it

enacted

by

the

General

Assembly

of

the

State

of

Colorado:

SECTION

1.

In

Colorado

Revised

Statutes,

6-1-718,

amend

(1)

introductory

portion,

(1)(c),

(2),

(3)(b),

(4),

and

(5)

as

follows:

6-1-718.

Ticket

sales

and

resales

-

prohibitions

-

unlawful

conditions

-

definitions.

(1)

As

used

in

this

section

AND

IN

SECTION

6-1-720,

unless

the

context

otherwise

requires:

(c)

(I)

"Place

of

entertainment"

OR

"VENUE"

means

a

public

or

private

entertainment

facility

IN

THIS

STATE,

such

as

a

stadium,

arena,

racetrack,

museum,

amusement

park,

or

other

place

where

performances,

Capital

letters

or

bold

&

italic

numbers

indicate

new

material

added

to

existing

law;

dashes

through

words

or

numbers

indicate

deletions

from

existing

law

and

such

material

is

not

part

of

the

act.

concerts,

exhibits,

athletic

games,

or

contests

are

held,

for

which

an

entry

fee

is

charged,

to

which

the

public

is

invited

to

observe,

and

for

which

tickets

are

sold.

(II)

"Place

of

entertainment"

OR

"VENUE"

does

not

include

a

ski

area

OR

A

MOVIE

THEATER.

(2)

Resell

crs

AN

OPERATOR

OR

A

RESELLER

FROM

WHICH

A

PURCHASER

BOUGHT

A

TICKET,

AS

APPLICABLE,

shall

guarantee

a

full

refund

OF

THE

TICKET

PRICE

to

a

THE

purchaser

if:

(a)

The

event

for

which

the

ticket

was

resold

is

canceled;

(b)

The

ticket

does

not

or

would

not

in

fact

grant

the

purchaser

admission

to

the

event,

for

which

th

e

ticket

was

re

sold

EXCEPT

IF

NONADMISSION

TO

THE

EVENT

IS

DUE

TO

AN

ACT

OR

OMISSION

BY

THE

PURCHASER;

(c)

The

ticket

PURCHASED

FROM

THE

RESELLER

OR

OPERATOR,

AS

APPLICABLE,

is

counterfeit;

or

(d)

The

ticket

PURCHASED

FROM

THE

RESELLER

OR

OPERATOR,

AS

APPLICABLE,

fails

to

REASONABLY

conform

to

its

description

as

advertised

or

as

represented

to

the

purchaser.

b

y

the

rescu

er.

(3)

(b)

Nothing

in

this

section

shall

be

deemed

toprohibit

PROHIBITS

an

operator

from

prohibiting

the

resale

of:

(I)

A

contractual

right

in

a

season

ticket

package

agreement

that

gives

the

original

purchaser

a

priority

or

other

preference

to

enter

into

a

subsequent

season

ticket

package

agreement

with

the

operator;

OR

(II)

A

TICKET

TO

A

PLACE

OF

ENTERTAINMENT

IF

THE

TICKET

WAS

INITIALLY

OFFERED:

(A)

AT

NO

CHARGE,

AND

ACCESS

TO

THE

TICKET

IS

NOT

CONTINGENT

UPON

PROVIDING

ANY

FORM

OF

MONETARY

CONSIDERATION;

OR

(B)

BY

OR

ON

BEHALF

OF

A

CHARITABLE

ORGANIZATION,

AS

DEFINED

IN

SECTION

6-16-103

(1),

FOR

A

CHARITABLE

PURPOSE,

AS

DEFINED

IN

PAGE

2

-HOUSE

BILL

24-1378

SECTION

6-16-103

(2),

WHERE

ALL

PROCEEDS

FROM

THE

TICKET

SALE

ARE

PROVIDED

TO

THE

CHARITABLE

ORGANIZATION.

(4)

A

person,

or

entity,

including

an

operator,

that

regulates

admission

to

an

event

shall

not

deny

access

to

the

event

to

a

person

in

possession

of

a

valid

ticket

to

the

event,

OR

REVOKE

A

VALID

TICKET

TO

THE

EVENT,

regardless

ofwhether

the

ticket

is

subject

to

a

subscription

or

season

ticket

package

agreement,

based

solely

on

the

ground

that

suc

h

THE

ticket

was

resold

through

a

reseller

that

was

not

approved

by

the

operator.

(5)

SUBJECT

TO

THE

REQUIREMENTS

OF

SUBSECTION

(4)

OF

THIS

SECTION,

nothing

in

this

section

shall

be

construed

to

prohibit

an

operator

from

maintaining

and

enforcing

policies

regarding

conduct

or

behavior

at

or

in

connection

with

the

operator's

venue

PLACE

OF

ENTERTAINMENT.

An

operator

may

revoke

or

restrict

season

tickets:

(a)

For

reasons

relating

to

a

violation

of

venue

policies

an

d

to

th

e

ex

tent

the

operator

may

deem

necessary

f

or

THAT

ARE

AVAILABLE

IN

WRITING;

(b)

FOR

the

protection

of

the

safety

of

patrons;

or

(c)

To

address

fraud

or

misconduct.

SECTION

2.

In

Colorado

Revised

Statutes,

6-1-720,

amend

(1)

introductory

portion,

(1)(a),

and

(2);

and

add

(1)(c),

(1)(d),

(1)(e),

(1)(f),

(1)(g),

(1)(h),

(1)(i),

and

(2.5)

as

follows:

6-1-720.

Ticket

sales

-

deceptive

trade

practice

-

definitions.

(1)

A

person

engages

in

a

deceptive

trade

practice

when,

in

the

course

of

the

person's

business,

vocation,

or

occupation,

suc

h

THE

person:

(a)

Uses

or

causes

to

be

used

a

software

application

that

runs

automated

tasks

over

the

internet

to

access

a

computer,

computer

network,

or

computer

system,

or

any

part

thereof,

for

the

purpose

of

purchasing

tickets

in

excess

of

authorized

limits

for

an

online

event

ticket

sale

with

the

intent

to

resell

such

tickets;

or

(C)

USES

OR

CAUSES

TO

BE

USED

AN

INTERNET

DOMAIN

NAME

OR

SUBDOMAIN

NAME

IN

AN

OPERATOR'S

OR

RESELLER'S

URI,

IF

THE

INTERNET

PAGE

3

-HOUSE

BILL

24-1378

DOMAIN

NAME

OR

SUBDOMAIN

NAME

USED

CONTAINS

ANY

OF

THE

FOLLOWING

WITHOUT

PRIOR

WRITTEN

AUTHORIZATION:

(I)

THE

NAME

OF

THE

PLACE

OF

ENTERTAINMENT;

(II)

THE

NAME

OF

THE

EVENT,

INCLUDING

THE

NAME

OF

THE

INDIVIDUAL

OR

ENTITY

SCHEDULED

TO

PERFORM

OR

APPEAR

AT

THE

EVENT;

OR

(III)

A

NAME

SUBSTANTIALLY

SIMILAR

TO

THOSE

DESCRIBED

IN

SUBSECTIONS

(1)(C)(I)

AND

(1)(C)(II)

OF

THIS

SECTION;

(d)

USES

OR

CAUSES

TO

BE

USED,

WITHOUT

PRIOR

WRITTEN

AUTHORIZATION,

AN

INTERNET

WEBSITE

TO

DISPLAY

A

TEXT,

IMAGE,

WEBSITE

GRAPHIC,

WEBSITE

DESIGN,

OR

INTERNET

ADDRESS

THAT

INDIVIDUALLY

OR

IN

COMBINATION

IS

SUBSTANTIALLY

SIMILAR

TO

AN

OPERATOR'S

INTERNET

WEBSITE

IN

A

MANNER

THAT

COULD

REASONABLY

BE

EXPECTED

TO

MISLEAD

A

POTENTIAL

PURCHASER;

(e)

(I)

SELLS

A

TICKET

TO

AN

EVENT

AT

A

PLACE

OF

ENTERTAINMENT

WITHOUT

DISCLOSING

THE

TOTAL

TICKET

COST,

INCLUSIVE

OF

ALL

ANCILLARY

FEES

THAT

MUST

BE

PAID

IN

ORDER

TO

PURCHASE

THE

TICKET,

THE

FIRST

TIME

A

PRICE

IS

DISPLAYED

TO

THE

PURCHASER

AND

ANYTIME

THE

PRICE

IS

DISPLAYED

THEREAFTER.

(II)

A

PERSON

IS

NOT

REQUIRED

TO

INCLUDE

THE

AMOUNT

OF

ANY

SALES

TAX

REQUIRED

TO

PURCHASE

A

TICKET

WHEN

DISCLOSING

THE

TOTAL

COST

OF

A

TICKET

TO

A

PURCHASER

IN

ACCORDANCE

WITH

SUBSECTION

(1)(e)(I)

OF

THIS

SECTION

IF

THE

PERSON

DISCLOSES

THE

AMOUNT

OF

ANY

SALES

TAX

TO

THE

PURCHASER

PRIOR

TO

COMPLETION

OF

THE

TRANSACTION.

(f)

SELLS

A

TICKET

TO

AN

EVENT

AT

A

PLACE

OF

ENTERTAINMENT

WITHOUT

DISCLOSING

IN

A

CLEAR

AND

CONSPICUOUS

MANNER

THE

PORTION

OF

THE

TICKET

COST

THAT

REPRESENTS

A

SERVICE

CHARGE

FOR

THE

PURCHASE

OR

OTHER

FEE

OR

SURCHARGE

FOR

THE

PURCHASE;

(g)

MAKES

A

FALSE

OR

MISLEADING

DISCLOSURE

TO

A

PURCHASER

OF

SUBTOTALS,

FEES,

CHARGES,

OR

ANY

OTHER

COMPONENT

OF

THE

TOTAL

PRICE

OF

A

TICKET;

PAGE

4

-HOUSE

BILL

24-1378

(h)

PRESENTS

SUBTOTALS,

FEES,

CHARGES,

OR

ANY

OTHER

COMPONENT

OF

THE

TOTAL

PRICE

OF

THE

TICKET

MORE

PROMINENTLY

OR

IN

A

FONT

SIZE

THAT

IS

LARGER

THAN

THE

FONT

SIZE

USED

TO

PRESENT

THE

TOTAL

PRICE

OF

THE

TICKET;

OR

(i)

INCREASES

THE

TOTAL

PRICE

OF

A

TICKET

AFTER

THE

FIRST

TIME

A

PRICE

IS

DISPLAYED

TO

THE

PURCHASER;

EXCEPT

THAT

THE

PERSON:

(I)

SHALL

ADD

ANY

APPLICABLE

SALES

TAX

TO

THE

TOTAL

PRICE

OF

A

TICKET

PRIOR

TO

THE

COMPLETION

OF

THE

TRANSACTION

BY

THE

PURCHASER;

(II)

MAY

ADD

FEES

FOR

THE

DELIVERY

OF

NONELECTRONIC

TICKETS

BASED

ON

DELIVERY

TO

THE

PURCHASER'S

ADDRESS

OR

THE

DELIVERY

METHOD

SELECTED

BY

THE

PURCHASER

IF

THE

PERSON

DISCLOSES

THE

AMOUNT

OF

EACH

DELIVERY

FEE

PRIOR

TO

ACCEPTING

PAYMENT;

AND

(III)

MAY

INCREASE

THE

TOTAL

PRICE

OF

A

TICKET

IF

THE

PURCHASER'S

TRANSACTION

PERIOD

HAS

TIMED

OUT

AND

THE

PURCHASER

HAS

NOT

YET

PURCHASED

THE

TICKET.

(2)

As

used

in

this

section,

unless

the

context

otherwise

requires:

(a)

"In

excess

of

authorized

limits"

wi

th

g

r

to

an

onlin

p

ut

o

f

s,

means

exceeding

a

restriction

on

the

number

of

individual

tickets

that

can

be

purchased

by

any

A

single

person

or

circumventing

any

other

terms

and

conditions

of

access

to

an

online

event

ticket

sale

established

by

the

eventspensoi

-

orprometer

OPERATOR.

(b)

"INTERNET

DOMAIN

NAME"

MEANS

A

GLOBALLY

UNIQUE,

HIERARCHICAL

REFERENCE

TO

AN

INTERNET

HOST

OR

SERVICE

THAT

IS:

(I)

ASSIGNED

THROUGH

A

CENTRALIZED

INTERNET

NAMING

AUTHORITY;

AND

(II)

COMPOSED

OF

A

SERIES

OF

CHARACTER

STRINGS

SEPARATED

BY

PERIODS

WITH

THE

RIGHTMOST

STRING

SPECIFYING

THE

TOP

OF

THE

HIERARCHY.

(b)

(c)

"Online

event

ticket

sale"

means

PAGE

5

-HOUSE

BILL

24-1378

ystcm

A

PROCESS

utilized

by

the

s

ponsor

or

promoter

of

a

sporting

or

entertainment

event

OPERATOR

to

sell

MAKE

AN

ORIGINAL

SALE

OF

tickets

to

suc

h

THE

event

to

the

public

over

the

internet.

(d)

"URL"

MEANS

A

UNIFORM

RESOURCE

LOCATOR

FOR

A

WEBSITE

ON

THE

INTERNET.

(2.5)

DEFINITIONS

IN

SECTION

6-1-718

(1)

APPLY

TO

TERMS

AS

THEY

ARE

USED

IN

THIS

SECTION.

SECTION

3.

Act

subject

to

petition

-

effective

date

-

applicability.

(1)

This

act

takes

effect

at

12:01

a.m.

on

the

day

following

the

expiration

of

the

ninety

-day

period

after

final

adjournment

of

the

general

assembly;

except

that,

if

a

referendum

petition

is

filed

pursuant

to

section

1

(3)

of

article

V

of

the

state

constitution

against

this

act

or

an

item,

section,

or

part

of

this

act

within

such

period,

then

the

act,

item,

section,

or

part

will

not

take

effect

unless

approved

by

the

people

at

the

general

election

to

be

held

in

November

2024

and,

in

such

case,

will

take

effect

on

the

date

of

the

official

declaration

of

the

vote

thereon

by

the

governor.

PAGE

6

-HOUSE

BILL

24-1378

(2)

This

act

applies

to

conduct

occurring

on

or

after

the

effective

date

of

this

act.

Julie

McCluskie

SPEAKER

OF

THE

HOUSE

OF

REPRESENTATIVES

Robin

Jones

CHIEF

CLERK OF

T

OUSE

OF

REPRESENTATIVES

APPROVED

I

(Date

•

Time)

Steve

Fenberg

PRESIDENT

OF

THE

SENATE

-e•c/thee

.

0(

evt,kord-i2.

Cindi

L.

Markwell

SECRETARY

OF

THE

SENATE

0

At".

Jared

GO

.P

lis

OR

OF

THE

ST

PAGE

7

-HOUSE

BILL

24-1378

TE

F

COLORADO