Section 6-1-718 - Ticket sales and resales - prohibitions - unlawful conditions - definitions(1) As used in this section and in section 6-1-720, unless the context otherwise requires:(a) "Operator" means a person or entity who owns, operates, or controls a place of entertainment or who promotes or produces entertainment and that sells a ticket to an event for original sale, including an employee of such person or entity.(b) "Original sale" means the first sale of a ticket by an operator.(c)(I) "Place of entertainment" or "venue" means a public or private entertainment facility in this state, such as a stadium, arena, racetrack, museum, amusement park, or other place where performances, concerts, exhibits, athletic games, or contests are held, for which an entry fee is charged, to which the public is invited to observe, and for which tickets are sold.(II) "Place of entertainment" or "venue" does not include a ski area or a movie theater.(d) "Purchaser" means a person or entity who purchases a ticket to a place of entertainment.(e) "Resale" or "resold" means a sale other than the original sale of a ticket by a person or entity.(f) "Reseller" means a person or entity that offers or sells tickets for resale after the original sale by the operator including an entity that operates a platform or exchange for the purchase and sale of tickets to events that also engages in the purchase and resale of the ticket either on behalf of the operator or on its own behalf if a reseller.(g) "Ticket" means a license issued by the operator of a place of entertainment for admission to an event at the date and time specified on the ticket, subject to the terms and conditions as specified by the operator.(2) An operator or a reseller from which a purchaser bought a ticket, as applicable, shall guarantee a full refund of the ticket price to the purchaser if:(a) The event is canceled;(b) The ticket does not or would not in fact grant the purchaser admission to the event, except if nonadmission to the event is due to an act or omission by the purchaser;(c) The ticket purchased from the reseller or operator, as applicable, is counterfeit; or(d) The ticket purchased from the reseller or operator, as applicable, fails to reasonably conform to its description as advertised or as represented to the purchaser.(3)(a) It is void as against public policy to apply a term or condition to the original sale to the purchaser to limit the terms or conditions of resale, including, but not limited to, a term or condition:(I) That restricts resale in a subscription or season ticket package agreement as a condition of purchase;(II) That a purchaser must comply with to retain a ticket for the duration of a subscription or season ticket package agreement that limits the rights of the purchaser to resell the ticket;(III) That a purchaser must comply with to retain any contractually agreed-upon rights to purchase future subscriptions or season ticket package agreements; or(IV) That imposes a sanction on the purchaser if the sale of the ticket is not through a reseller approved by the operator.(b) Nothing in this section prohibits an operator from prohibiting the resale of: (I) A contractual right in a season ticket package agreement that gives the original purchaser a priority or other preference to enter into a subsequent season ticket package agreement with the operator; or(II) A ticket to a place of entertainment if the ticket was initially offered: (A) At no charge, and access to the ticket is not contingent upon providing any form of monetary consideration; or(B) By or on behalf of a charitable organization, as defined in section 6-16-103 (1), for a charitable purpose, as defined in section 6-16-103 (2), where all proceeds from the ticket sale are provided to the charitable organization.(4) A person, including an operator, that regulates admission to an event shall not deny access to the event to a person in possession of a valid ticket to the event, or revoke a valid ticket to the event, regardless of whether the ticket is subject to a subscription or season ticket package agreement, based solely on the ground that the ticket was resold through a reseller that was not approved by the operator.(5) Subject to the requirements of subsection (4) of this section, nothing in this section shall be construed to prohibit an operator from maintaining and enforcing policies regarding conduct or behavior at or in connection with the operator's place of entertainment. An operator may revoke or restrict tickets:(a) For reasons relating to a violation of venue policies that are available in writing;(b) For the protection of the safety of patrons; or(c) To address fraud or misconduct.Amended by 2024 Ch. 400,§ 1, eff. 8/7/2024, app. to conduct occurring on or after 8/7/2024.L. 2008: Entire section added, p. 108, § 1, effective March 19.Section 3(2) of chapter 400 (HB 24-1378), Session Laws of Colorado 2024, provides that the act changing this section applies to conduct occurring on or after August 7, 2024.
2024 Ch. 400, was passed without a safety clause. See Colo. Const. art. V, § 1(3).