68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3682
Senate Bill 1108
Sponsored by Senator SPRINGER; Senators McCOY, SORENSON (at the
request of OSPIRG)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Limits charges, fees and assessments chargeable beyond face
price on sales of certain event tickets. Specifies rules for
imposing charges, fees and assessments and for selling event
tickets generally. Makes violation of rules an unlawful trade
practice. Punishes violator under laws relating to unlawful trade
practice violation.
A BILL FOR AN ACT
Relating to ticket sales; creating new provisions; and amending
ORS 646.608.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A person, including a ticket broker, who
sells or resells tickets or other evidence of right of entry in
this state shall not sell or resell any ticket or other evidence
of right of entry to any theatrical exhibition, museum
exhibition, public show or public exhibition of any description
except as provided in this section and sections 2 to 6 of this
Act.
(2) The purchase price of a ticket or other evidence of right
of entry to an event listed in subsection (1) of this section may
include an additional charge, fee or assessment not exceeding 10
percent of the face value of the ticket or other evidence of
right of entry or $5, whichever is less.
(3)(a) The charge, fee or assessment allowed under subsection
(2) of this section may include but is not limited to service
charges, convenience charges, facility fees, charges to recover a
reasonable profit and other assessments.
(b) The charge, fee or assessment may be imposed to recover
costs incurred by sellers or resellers that are related solely to
the procuring and selling of tickets or other evidence of right
of entry. Except as provided in this section, the fee shall not
be imposed to recover costs incurred by sellers or resellers that
are related to general business operations.
(c) Service and convenience charges are limited to charges for
messengers, postage, long distance telephone calls and extensions
of credit. + }
SECTION 2. { + A person, including a ticket broker, who sells
or resells tickets or other evidence of right of entry to any
entertainment or sporting event shall:
(1) Disclose to a consumer prior to any sale or resale under
this section, any charge, fee or assessment to be imposed in
excess of the face value of the ticket or other evidence of right
of entry.
(2) Print the amount of any charge, fee or assessment on the
face of the ticket or other evidence of right of entry and on a
receipt evidencing any sale or resale under this section.
(3) Disclose the amount of any charge, fee or assessment in any
printed or electronic advertising for an event under this
section. + }
SECTION 3. { + (1) A person, including a ticket broker, who
sells or resells tickets or other evidence of right of entry + }
{ + to any theatrical exhibition, museum exhibition, public
show or public exhibition of any description shall disclose to a
consumer prior to any sale or resale, the following information:
(a) Whether a designated seat assignment offered for sale or
resale has a considerably obstructed view; or
(b) Whether the sale or resale is for general admission and
does not include a specific seat assignment.
(2) All tickets or other evidence of right of entry for seat
assignments with obstructed views and all general admission
tickets or other evidence of right of entry shall contain the
words 'obstructed view' or 'unassigned seating' clearly printed
on the face of the ticket or other evidence of right of
entry. + }
SECTION 4. { + (1) A person who sells tickets or other
evidence of right of entry to any concert hall, museum,
exhibition hall or other venue for entertainment or sporting
events shall offer for sale and sell tickets or other evidence of
right of entry to consumers without any additional service
charges, fees or assessments at no less than one location when
selling tickets or other evidence of right of entry for any event
hosted at venues listed in this subsection.
(2) A person who sells tickets or other evidence of right of
entry under this section shall offer the tickets or other
evidence of right of entry for sale no later than the day and
time the tickets or other evidence of right of entry become
available for sale through telephone orders, at remote sales
locations or at or through other purchasing locations or manners.
(3) Except for a limited number of tickets or other evidence of
right of entry held for performers' use or promotional purposes,
tickets or other evidence of right of entry offered for sale and
sold under this section shall be equivalent in quality to tickets
or other evidence of right of entry available through other
sellers and resellers. + }
SECTION 5. { + (1) A person, including a ticket broker, who
sells or resells tickets or other evidence of right of entry and
assesses service charges, convenience charges, facility fees or
other assessments beyond the face value of the ticket or other
evidence of right of entry may assess the charges, fees or
assessments only once per customer order, for orders up to four
tickets each. For sales to consumers of more than four tickets or
other evidence of right of entry, charges, fees or assessments
may be made once for each increment of four tickets or other
evidence of right of entry.
(2) Sales of tickets or other evidence of right of entry for
orders of one to four tickets must have the same total charges,
fees or assessments regardless of whether a consumer purchases
one, two, three or four tickets or other evidence of right of
entry. The same limitation applies to additional increments of
four tickets.
(3) A person, including a ticket broker, who sells or resells
tickets or other evidence of right of entry may not assess
service charges, convenience charges, facility fees or other
assessments beyond the face value of the ticket or other evidence
of right of entry on a per ticket basis. Additional assessments
may only be charged one time per customer order or transaction.
One customer order or transaction means each consumer purchase of
one or more tickets or other evidence of right of entry at the
same time. + }
SECTION 6. { + (1) If an entertainment or sporting event is
canceled for any reason, a person, including a ticket broker, who
sells or resells tickets or other evidence of right of entry
shall upon request give consumers a full refund of the face value
of the tickets or other evidence of right of entry and any
additional charges, fees or other assessments collected from
consumers.
(2)(a) If an entertainment or sporting event is postponed for
any reason, a person, including a ticket broker, who sells or
resells tickets or other evidence of right of entry shall not
collect any additional amount from the consumer if the consumer
uses the ticket or other evidence of right of entry as allowed
for a later event date or exchanges the ticket or other evidence
of right of entry as allowed for a similar quality ticket or
other evidence of right of entry to a later event date.
(b) If an entertainment or sporting event is postponed for any
reason, a person, including a ticket broker, who sells or resells
tickets or other evidence of right of entry shall upon request
give consumers a full refund as provided in subsection (1) of
this section. + }
SECTION 7. ORS 646.608 is amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(x) Violates ORS 646.850 (1).
(y) Violates any requirement of ORS 646.661 to 646.686.
(z) Violates the provisions of ORS 128.801 to 128.898.
(aa) Violates ORS 646.883 or 646.885.
(bb) Violates any provision of ORS 646.202, 646.204, 646.206,
646.208, 646.212 or 646.214.
(cc) Violates ORS 646.569.
(dd) Violates the provisions of ORS 646.859.
(ee) Violates ORS 759.290.
(ff) Violates ORS 646.872.
(gg) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(hh) Violates ORS 646.563.
(ii) Violates ORS 759.690 or any rule adopted pursuant thereto.
(jj) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(kk) Violates ORS 646.892 or 646.894.
(LL) Violates any provision of ORS 646.249 to 646.259.
(mm) Violates ORS 646.384.
(nn) Violates ORS 646.871.
{ + (oo) Violates any provision of sections 1 to 6 of this
1995 Act. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) No action or suit shall be brought under subsection (1)(u)
of this section unless the Attorney General has first established
a rule in accordance with the provisions of ORS 183.310 to
183.550 declaring the conduct to be unfair or deceptive in trade
or commerce.
SECTION 8. { + Sections 1 to 6 of this Act and the amendment
to ORS 646.608 by section 7 of this Act apply to tickets or other
evidence of right of entry offered for sale and sold on or after
the effective date of this Act. + }
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