(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Resale” means the second or subsequent sale of a ticket.
(ii) “Resale” includes a sale by any means, including in person, by telephone, by mail, by e–mail, by facsimile, or through a website or other electronic means.
(3) “Reseller” means a person engaged in the resale of tickets.
(4) “Secondary ticket exchange” means an electronic marketplace that enables a person to sell, purchase, and resell tickets.
(5) (i) “Speculative ticket” means a ticket that is not in the actual or constructive possession of a reseller at the time of sale, advertisement, or listing.
(ii) “Speculative ticket” includes a ticket sold by a reseller that, at the time of resale:
1. Is not in the physical possession of the reseller;
2. Is not owned by the reseller; or
3. Is not under contract to be transferred to the reseller.
(6) “Ticket” means physical, electronic, or other evidence, that grants the possessor of the evidence license to enter a place of entertainment for one or more events at a specified date and time.
(7) (i) “Ticket issuer” means a person that, directly or indirectly, issues initial tickets for an entertainment event.
(ii) “Ticket issuer” includes:
1. A musician or musical group;
2. An operator of a venue;
3. A sponsor or a promoter of an entertainment event;
4. A sports team participating in an entertainment event;
5. A sports league whose teams are participating in an entertainment event;
6. A theater company;
7. A marketplace operated for consumers to make an initial purchase of tickets; or
8. An agent of any of the persons listed in items 1 through 7 of this subparagraph.
(b) (1) This subsection applies only to secondary ticket exchanges, ticket issuers, and resellers.
(2) The listing for a ticket and each step of a transaction to purchase a ticket shall:
(i) Clearly and conspicuously disclose the total price of the ticket, including all fees and taxes other than shipping costs that are not determinable at a step in the transaction;
(ii) Provide an itemized listing of all charges that comprise the total price of the ticket, including all fees and taxes; and
(iii) Identify the seat number and zone or section of the ticket, to the extent applicable to the seat and venue.
(3) (i) The total price of a ticket under paragraph (2)(i) of this subsection may be increased in a noninitial step of a transaction by the amount of reasonable shipping costs for physically delivered tickets.
(ii) The shipping costs allowed under subparagraph (i) of this paragraph may vary with the purchaser’s location relative to the shipment’s location of origin and the delivery method selected by the purchaser.
(iii) The total price of the ticket, including all fees, taxes, and shipping costs, shall be clearly and conspicuously disclosed prior to final purchase of the ticket.
(c) A reseller may not sell or offer to sell speculative tickets.
(d) A secondary ticket exchange may not provide a marketplace for the sale or resale of a ticket that violates this section.
(e) A ticket issuer, secondary ticket exchange, or reseller who directly engages in a sales transaction with a purchaser for the purchase of a ticket shall provide the purchaser with a full refund of the total amount paid, including the price of the ticket and any fees and taxes, if:
(1) The ticket purchased is counterfeit;
(2) The event for which the ticket is purchased is canceled; or
(3) The ticket fails to conform to the description as advertised or represented to the purchaser by the seller.