Ticket sellers: exclusivity.

Existing law provides for the comprehensive regulation of ticket sellers, including prohibiting a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller has lawful possession of the ticket; has a contractual right to obtain the ticket; or informs the purchaser the seller does not have possession of the tickets, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price, as specified. This bill would prohibit the operator of an entertainment facility and a primary ticket seller from entering into a contract that provides for the primary ticket seller to be the exclusive ticket seller for the operator of the entertainment facility. The bill would prohibit threatening or seeking to enforce such a provision or to otherwise penalize an operator of an entertainment facility for entering into an agreement with another primary ticket seller. Existing law defines a primary contractor as the person or organization who is responsible for the event for which tickets are being sold. Existing law declares that regulation of ticket sellers does not apply to a primary contractor or seller of tickets for the primary contractor operating under a written contract with the primary contractor. This bill would declare that the provisions of this bill apply to a primary contractor and a seller of tickets for the primary contractor operating under a written contract with the primary contractor. Existing law declares that violations of statutory regulations of ticket sellers are punishable as a misdemeanor. This bill would make entering into a contract that provides for the primary ticket seller to be the exclusive ticket seller for the operator of the entertainment facility punishable as a misdemeanor. Because the bill would expand the scope of an existing crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.