SB 338 — Revises provisions relating to the sale of tickets to a live entertainment event. (BDR 52-590)

(ReprintedSenate withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT S.B.

338338–Senators SPazina, ENATEFlores, BDoñate, ILLCruz- NCrawford; O.

338–SCannizzaro, ENATORSDaly, PAZINADondero ,Loop, FLORESLange, ,Nguyen, DOhrenschall OÑATEand ,Taylor CCHAPTER.......... RUZ-C RAWFORD ;

CANNIZZARO , DALY , DONDERO L OOP , LANGE , GUYEN , OHRENSCHALL AND T AYLOR M ARCH 12, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to the sale of tickets to a live entertainment event.

(BDR 52-590) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

On January 10, 2025, The Federal Trade Commission published a final trade regulation rule in the Federal Register entitled “Rule on Unfair or Deceptive Fees” on(“the MayRule”). 12, 2025, prohibits a business that sells or offers live-event tickets from offering, displaying or advertising the price of a live-event ticket without clearly and conspicuously disclosing the maximum total price that a consumer must pay for the live-event ticket, inclusive of all fees or charges that the consumer must pay for any mandatory good or service sold as part of the purchase of the ticket.

(90 Fed.

Reg.

2066 (Jan.

10, 2025)) The Rule, which will take effect on May 12, 2025, prohibits a business that sells or offers live-event tickets from offering, displaying or advertising the price of a live-event ticket without clearly and conspicuously disclosing the maximum total price that a consumer must pay for the live-event ticket, inclusive of all fees or charges that the consumer must pay for any mandatory good or service sold as part of the purchase of the ticket.

-Reg. *SB338_R1* – 2 – regulation may provide consumers with protection that is greater than, or at least not inconsistent with, the protections for consumers prescribed by the Rule.

(162066, C.F.R.2167 (Jan.

10, 2025)) Finally, the Rule provides that state law or not inconsistent with, the protections for consumers prescribed by the Rule.

(16st C.F.R.

Instead, section 4 of this bill prescribes certain requirements for businesses that sell tickets to live entertainment events, which are equivalent to provider from offering, displaying or advertising any price of a ticket for a liveet entertainment event unless the requirementsticket establishedprovider inclearly and conspicuously discloses the Rule.total price of the ticket.

Specifically, section 4 prohibits a ticketto provider from offering, displaying or advertising any price of a ticket for a live entertainment event unless the ticket provider clearly and conspicuously discloses the total price of the ticket.

- 83rd Session (2025) – 2 – Section 5 of this bill requires, with certain exceptions, a ticket provider to provide a refund of the full amount a purchaser paid to the ticket provider for a ticket to a live entertainment event, including all applicable fees and governmental charges, if the event to which the ticket pertains is cancelled.

Existing law prohibits certain other practices and acts relating to the sale and resalelaw entitles a person who is injured by a violation of ticketssuch forprovisions liveto entertainmentbring events.a civil action against the reseller, secondary ticket exchange or affiliate of the reseller or secondary ticket exchange that committed the violation.

(NRSSection 598.397-598.3984)9 Existing law entitles a person who is injured by a violation of suchthis provisionsbill to bring a civil action against the reseller, secondary ticket exchange or affiliate of the reseller or clarifies that this remedy does not extend to violations of section 4 or 5.

(NRS 598.3981) Sections 10 and 11 of this bill provide that a willful violation of section 4 or 5 is punishable by certain criminal penalties, which are currently applicable to willful violations of other provisions relating to the sale or resale of tickets for live entertainment events.

(NRS 598.3983, 598.3984) Existing law defines various activities involving businesses and occupations that constitute deceptive trade practices.

(NRS 598.0915-598.0925) If a personsperson engages in a deceptive trade practice, the person may be subject to the imposition of certain restraints by injunction and civil and criminal penalties.

(NRS 598.0979, 598.0985, 598.0999) Existing law makes a knowing violation of provisions relating to the sale and resale of tickets for live entertainment events a deceptive trade practice.

-EXPLANATION *SB338_R1* – 3Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

“Ticket provider” means a natural person, proprietorship, corporation, partnership, trust, unincorporated organization or other enterprise that is engaged in the business of selling tickets, reselling tickets or offering tickets for sale, - 83rd Session (2025) – 3 – including, without limitation, a primary ticket provider, reseller or secondary ticket exchange.

A ticket provider shall not offer, display or advertise any price of a ticket without clearly and conspicuously disclosingexclude from the total priceprice: of the ticket.

A ticket provider may exclude from the totalticket. price:

A ticket provider may (a) Governmental charges;

A ticket provider shall display the total price of the ticket more prominently than any other information relating to the price of the ticket.

Where the final amount of payment for thethethe price transaction for the ticket is displayed, the final amount of payment must be disclosed more prominently than, or as prominently as, the total price.

(a) The disclosure uses clear and comprehensible language, diction and syntax that is easily understandable to an ordinary consumer or, if the communication containing the disclosure is specifically targeted at a specific subset of consumers, including, without limitation, children or seniors, the disclosure uses clear - *SB338_R1* – 4 – and comprehensible language, diction and syntax that is easily understandable to consumers in that subset of consumers.

(d) If the disclosure is made through audible means, including, without limitation, by telephone or streaming video, the disclosure is delivered in a volume, speed and cadence that would allow- an83rd ordinarySession (2025) – 4 – disclosure.dinary consumer to easily hear and understand the disclosure.(e) If the communication requiring the disclosure is displayed using an interactive electronic medium, including, without limitation, an Internet web browser or mobile application, the disclosure is unavoidable.