March 6, 2009

New Oregon Bill Asks for Full Reseller Disclosure

The Oregon Legislative Assembly introduced a bill affecting the sale and resale of tickets for venues located within the state and events taking place within the state.
House Bill 2673 requires full disclosure on the part of the seller and reseller as to:
1.) the total number of tickets a seller/reseller has for sale/resale for that event/venue
2.) a listing of every class, tier or level of admission ticket the seller/reseller has available (along with a description of the type of entry, seating location, and services or privileges associated with the ticket, and
3.) the total number of admission tickets in each class, tier or level that the seller/reseller has available.
Venue operators and event promoters are further required to disclose the number of tickets available and unavailable to the general public, to print the face value and all service charges and fees on the ticket itself, and post a description of all available tickets at the venue as of one hour before the event is scheduled to start. Failure to provide these disclosures is termed an unlawful practice under Oregon law.

What This Means to You as a Reseller

This bill requires full disclosure from you if you are a reseller operating within the state of Oregon or you are a reseller from another state offering tickets for events or venues within Oregon. Full disclosure includes your total number of tickets available for resale for that event/venue, a complete list of categories of tickets you have available along with a description of each category, and lastly, a total count of the number of tickets you have available for each of the categories you listed. You are exempted from these provisions if you qualify as a tax-exempt organization under Internal Revenue Code sect.501(c)(3) or if you are reselling the tickets at face value.

House Bill 2673 (For complete bill, click here)

Sponsored by Representatives GELSER, BRUUN; Representatives BERGER, BUCKLEY, CANNON, GILLIAM, GILMAN, GREENLICK, HANNA, KRIEGER, MATTHEWS, MAURER, OLSON, READ, RILEY, J SMITH, STIEGLER, THOMPSON, TOMEI, WHISNANT

Relating to sales of admission tickets for entertainment events; creating new provisions; and amending ORS 646.608.
SECTION 3. { + (1) A reseller, or an operator that conducts a resale, in an advertisement other than a radio advertisement and in a communication or material the reseller or operator uses to solicit the resale of an admission ticket shall disclose:
(a) The total number of unsold tickets the reseller or operator has for resale at the time the reseller or operator advertises or solicits the resale;
(b) Every class, tier or level of admission ticket that the reseller or operator has available for resale, together with a description of the type of entry, seating location, services or other privileges associated with each class, tier or level; and
(c) The total number of admission tickets in each class, tier or level that the reseller or operator has available for resale.
(2) This section does not apply to a reseller or operator that is an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code or to a person other than an operator that sells an admission ticket for not more than the established price.
(3) Violation of this section is an unlawful practice under ORS 646.608 that is subject to an action under ORS 646.632 or 646.638. + }

If you need more information or would like to contact the Better Ticketing Association, you may do so via email.

Disclaimer: The Better Ticket Association is a TicketNetwork-sponsored organization. The contents of this newsletter should not be interpreted as legal advice, and are for information only. TicketNetwork recommends you speak with your lawyer and/or accountant for any and all legal guidance and recommendations.