§ 14-344.1. Internet sale of admission tickets in excess of printed price.
§ 14‑344.1. Internetsale of admission tickets in excess of printed price.
(a) Internet Resale. Aperson may resell an admission ticket under this section on the Internet at aprice greater than the price on the face of the ticket unless the venue wherethe event will occur prohibits the Internet ticket resale as provided undersubsection (b) of this section. To resell an admission ticket under thissection, the person reselling the ticket must offer the ticket for resale on aWeb site with a ticket guarantee that meets the requirements of subsection (c)of this section. A prospective purchaser must be directed to the guaranteebefore completion of the resale transaction. A person who resells an admissionticket under this section acknowledges liability for the informational reportrequired under subsection (e) of this section.
(b) Resale Prohibited. The venue where an event will occur may prohibit the resale of admissiontickets for the event at a price greater than the price on the face of theticket. To prohibit the resale of tickets under this section, the venue mustfile a notice of prohibition of the resale of admission tickets for a specifiedevent with the Secretary of State and must post the notice of prohibitionconspicuously on its Web site. The primary ticket seller for the event mustalso post the notice conspicuously on its Web site. A prohibition under thissubsection may not become valid until 30 days after the notice is posted on thevenue's Web site. The prohibition expires on December 31 of each year unlessthe prohibition is renewed. To renew a prohibition, a venue must renew itsnotice of prohibition filed with the Secretary of State and must post thenotice as required under this subsection. A venue who files a notice ofprohibition must pay a fee in the amount set in G.S. 55‑1‑22 forfiling articles of incorporation. A venue that renews a notice of prohibitionmust pay a fee in the amount set in G.S. 55‑1‑22 for filing a paperannual report.
(c) Ticket Guarantee. A person who resells or offers to resell admission tickets under this sectionmust guarantee to the purchaser a full refund of the amount paid for the ticketunder each of the following conditions:
(1) The ticketed eventis cancelled. Reasonable handling and delivery fees may be withheld from therefund price of a cancelled ticketed event if the ticket guarantee on the Website specifically informs the purchaser that handling and delivery fees will bewithheld from the refunded amount.
(2) The purchaser isdenied admission to the ticketed event. This subdivision does not apply ifadmission to the ticketed event is denied to the purchaser because of an actionor omission of the purchaser.
(3) The ticket is notdelivered to the purchaser in the manner described on the Web site or pursuantto the delivery guarantee made by the reseller, and the failure results in thepurchaser's inability to attend the ticketed event.
(d) Student Tickets. Thissection does not apply to student tickets issued by institutions of highereducation in North Carolina for sporting events.
(e) Report on Receipts. A person who resells or offers to resell admission tickets under this sectionmust report each month to the Department of Revenue, under oath, on a formprovided by the Department. The report is due by the 10th day afterthe end of each month and covers the gross receipts received during theprevious month from reselling admission tickets to an event or venue in thisState. The report must include all of the following:
(1) The total amount ofgross receipts derived from reselling an admission ticket on the Internet to anevent or venue in this State. For purposes of this subsection, gross receiptsexclude the price printed on the face of the ticket.
(2) The event for whichadmission tickets are sold and the venue where the event will occur.
(3) The person or venuefrom whom the reseller purchased admission tickets.
(4) The acquisitionprice of the admission tickets.
(5) The price receivedby the reseller for the admission tickets.
(6) The name and addressof the person to whom the admission ticket is resold, if the purchaser is areseller.
(7) Any otherinformation required by the Secretary of Revenue. (2008‑158, s. 1; 2009‑255,s. 1.)