N.J. Admin. Code § 13:45A-20.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 13:45A-20.5 - Sale or exchange

(a) A place of entertainment or its agent shall print on the face of each ticket and include in any advertising for any event the price charged therefor.

(b) No person other than a registered ticket broker shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a maximum premium in excess of 20 percent of the ticket price or $ 3.00, whichever is greater, plus lawful taxes. No registered ticket broker or season ticket holder shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a premium in excess of 50 percent of the price paid to acquire the ticket, plus lawful taxes.

(c) Notwithstanding the provisions of (b) above, nothing shall limit the price for the resale or purchase of a ticket for admission to a place of entertainment sold by any person other than a registered ticket broker, provided such resale or purchase is made through an Internet website.

(d) It shall be a prohibited practice for a ticket broker to fail to disclose to a purchaser of tickets when he or she is using a tentative order policy, or "try and get" or fail to refund any deposit made by a purchaser of those tickets within a reasonable time when the broker fails to obtain such tickets.

(e) It shall be a prohibited practice for a ticket broker as a condition of selling or exchanging a ticket for a particular entertainment event, to require a buyer to purchase other tickets.

(f) It shall be a prohibited practice for a registrant to accept or demand any other things of value in excess of the lawful purchase price of a ticket.

(g) Any buyer who pays any monies towards the purchase of a ticket and fails to receive the promised ticket on the promised delivery date shall be given notification by the ticket broker of the failure to deliver tickets and shall be given the option of receiving a full refund within 30 days or consenting to an extension of the delivery date.

(h) A ticket broker shall provide a buyer of a ticket with a receipt which specifies the date on which the tickets will be delivered to the buyer and the total purchase price for the tickets.

(i) No ticket broker shall engage in or continue in the business of reselling tickets for admission to a place of entertainment without meeting the following requirements:

1. Owning, operating or maintaining a permanent office, branch office, bureau, agency, or other place of business, not including a post office box, for the purpose of reselling tickets;

2. Obtaining a certificate of registration to resell or engage in the business of reselling tickets from the director;

3. Listing the ticket broker's registration number in any form of advertisement or solicitation in which tickets are being sold for the purpose of purchase by the general public for events in this State;

4. Maintaining records of ticket sales, deposits and refunds for a period of not less than two years from the time of any of these transactions;

5. Disclosing to the purchaser, by means of verbal description or a map, the location of the seats represented by the tickets;

6. Disclosing to the purchaser the cancellation policy of that broker;

7. Disclosing that a service charge is added by the ticket broker to the stated price on the tickets and is included by the broker in any advertisement or promotion for an event;

8. Disclosing to the purchaser, whenever applicable, that the ticket broker has a guarantee policy. If a ticket broker guarantees delivery of tickets to a purchaser and fails to deliver the tickets, the ticket broker shall provide a full refund for the cost of the tickets;

9. Disclosing to the purchaser of tickets when he is utilizing a tentative order policy, popularly known as a "try and get." When a ticket broker fails to obtain tickets on a "try and get" basis, the broker shall refund any deposit made by a purchaser of those tickets within seven business days after the event for which the tickets were sought;

10. When guaranteeing tickets in conjunction with providing a tour package, a ticket broker who fails to provide a purchaser with those tickets shall refund fully the price of the tour package and tickets; and

11. Providing to a purchaser of tickets who cancels an order a full refund for the cost of the tickets less shipping charges, if those tickets are returned to the broker within three days after receipt; provided, that when tickets are purchased within seven days of an event, a refund shall be given only if the tickets are returned within one day of receipt; and further provided, that no refund shall be given on any tickets purchased within six days of an event unless the ticket broker is able to resell the tickets.

N.J. Admin. Code § 13:45A-20.5

Amended by R.1995 d.618, effective 12/4/1995.
See: 27 N.J.R. 3566(a), 27 N.J.R. 4899(b).
Amended by R.2006 d.141, effective 4/17/2006.
See: 37 N.J.R. 4369(a), 38 N.J.R. 1760(a).
Rewrote the section.
Amended by R.2012 d.016, effective 1/17/2012.
See: 43 N.J.R. 1130(a), 44 N.J.R. 166(b).
Deleted (a), (c) and (e); recodified former (b) and (d) as new (a) and (b); rewrote (a); in first sentence of (b), deleted "or season ticket holder" following "broker"; added new (c) and (d); and recodified (f) through (j) as (e) through (i).