Vermont is the latest state to consider prohibiting ticket resale, as legislators look to regain some control over the secondary ticket market.
The recently proposed Vermont bill, H.722, seeks to ban the practice unless resellers receive written permission from an event’s organizer or the venue where it is taking place. In addition, the bill also seeks to limit the amount authorized resellers can charge at 110 percent of the face value on the ticket.
The bill already has 25 co-sponsors, seven of whom are Burlington or South Burlington, which is the state’s largest live entertainment destination. Rep. Jason Lorber, listed as the bill’s lead sponsor, did not return messages seeking comment.
Currently, Vermont does not have any laws on the books governing ticket resale, according to TicketNews’ exclusive Ticket Resale Laws compendium, but the state does license and regulate temporary vendors.
As proposed, the bill could present a problem for brokers, fans or others who gain permission to resell tickets, however, due to the 110 percent stipulation. On a $100 ticket, for example, that would mean it could not be resold for more than $110, but convenience and other fees imposed by primary ticket providers, such as Ticketmaster, often exceed 10 percent. In addition, the legislation does not address internet ticket sales.
Late last month, a similar bill in the Utah legislature that banned ticket resale was effectively tabled indefinitely over concerns that enforcement might be difficult, among other issues.
The following is the language of the Vermont bill, H.722:
No person shall resell, offer to resell, or solicit the resale of a ticket to an entertainment event, including a sporting event, a concert, or a theatrical or operatic performance, if such resale is not authorized in writing by the owner or operator of such structure or event or a duly authorized agent of such owner or operator.
The provisions of subsection (a) of this section do not apply to a person who resells, offers to resell, or solicits the resale of a ticket: (1) for not greater than 110 percent of the face value printed on the ticket; or (2) on behalf of a nonprofit organization that is: (A) a nonprofit corporation which is qualified for tax exempt status under the provisions of Section 501(c) of the Internal Revenue Code, as amended and which has engaged, in good faith, in charitable, religious, educational, or civic activities in this state on a regular basis during the preceding year; or (B) a church, school, fire department, municipality, fraternal organization, or an organization that operates agricultural fairs or field days, and which has engaged, in good faith, in charitable, religious, educational, or civic activities in this state on a regular basis during the preceding year.