2023 Illinois Compiled Statutes › Chapter 815 - BUSINESS TRANSACTIONS › 815 ILCS 414/ - Ticket Sale and Resale Act.

(815 ILCS 414/0.01) (was 720 ILCS 375/0.01)
Sec. 0.01. Short title. This Act may be cited as the
Ticket Sale and Resale Act.
(Source: P.A. 94-20, eff. 6-14-05.)
(815 ILCS 414/1) (was 720 ILCS 375/1)
Sec. 1. Sale of tickets other than at box office prohibited; exceptions.
(a) It is unlawful for any person, firm or corporation, owner, lessee,
manager, trustee, or any of their employees or agents, owning, conducting,
managing or operating any theater, circus, baseball park, or place of public
entertainment or amusement where tickets of admission are sold for any such
places of amusement or public entertainment to sell or permit the sale,
barter or exchange of such admission tickets at any other place than in the
box office or on the premises of such theater, circus, baseball park, or place
of public entertainment or amusement, but nothing herein prevents such
theater, circus, baseball park, or place of public entertainment or amusement
from placing any of its admission tickets for sale at any other place at
the same price such admission tickets are sold by such theater, circus,
baseball park, or other place of public entertainment or amusement at its
box office or on the premises of such places, at the same advertised price
or printed rate thereof.
(b) Any term or condition of the original sale of a ticket to any theater, circus, baseball park, or place of public entertainment or amusement where tickets of admission are sold that purports to limit the terms or conditions of resale of the ticket (including but not limited to the resale price of the ticket) is unenforceable, null, and void if the resale transaction is carried out by any of the means set forth in subsections (b), (c), (d), and (e) of Section 1.5 of this Act. This subsection shall not apply to a term or condition of the original sale of a ticket to any theater, circus, baseball park, or place of public entertainment or amusement where tickets of admission are sold that purports to limit the terms or conditions of resale of a ticket specifically designated as seating in a special section for a person with a physical disability.
(Source: P.A. 99-78, eff. 7-20-15.)
(815 ILCS 414/1.5) (was 720 ILCS 375/1.5)
Sec. 1.5. Sale of tickets at more than face value prohibited; exceptions.
(a) Except as otherwise provided in subsections (b), (c), (d), (e), and (f-5) of this Section and in Section 4, it is unlawful for any person,
persons, firm or corporation to sell tickets for baseball games, football
games, hockey games, theatre entertainments, or any other amusement for a
price more than the price printed upon the face of said ticket, and the
price of said ticket shall correspond with the same price shown at the box
office or the office of original distribution.
(b) This Act does not apply to the resale of tickets of admission to a
sporting event, theater, musical performance, or place of public
entertainment or amusement of any kind for a price in excess of the printed
box office ticket price by a ticket broker who meets all of the following
requirements:
(1) The ticket broker is duly registered with the     Office of the Secretary of State on a registration form provided by that Office.  The registration must contain a certification that the ticket broker:
(A) engages in the resale of tickets on a regular         and ongoing basis from one or more permanent or fixed locations located within this State;
(B) maintains as the principal business activity         at those locations the resale of tickets;
(C) displays at those locations the ticket         broker's registration;
(D) maintains at those locations a listing of the         names and addresses of all persons employed by the ticket broker;
(E) is in compliance with all applicable federal,         State, and local laws relating to its ticket selling activities, and that neither the ticket broker nor any of its employees within the preceding 12 months have been convicted of a violation of this Act; and
(F) meets the following requirements:
(i) the ticket broker maintains a toll free             number specifically dedicated for Illinois consumer complaints and inquiries concerning ticket sales;
(ii) the ticket broker has adopted a code             that advocates consumer protection that includes, at a minimum:
(a-1) consumer protection guidelines;
(b-1) a standard refund policy.  In the                 event a refund is due, the ticket broker shall provide that refund without charge other than for reasonable delivery fees for the return of the tickets; and
(c-1) standards of professional conduct;
(iii) the ticket broker has adopted a             procedure for the binding resolution of consumer complaints by an independent, disinterested third party and thereby submits to the jurisdiction of the State of Illinois; and
(iv) the ticket broker has established and             maintains a consumer protection rebate fund in Illinois in an amount in excess of $100,000, which must be cash available for immediate disbursement for satisfaction of valid consumer complaints.
Alternatively, the ticket broker may fulfill the     requirements of subparagraph (F) of this paragraph (1) if the ticket broker certifies that he or she belongs to a professional association organized under the laws of this State, or organized under the laws of any other state and authorized to conduct business in Illinois, that has been in existence for at least 3 years prior to the date of that broker's registration with the Office of the Secretary of State, and is specifically dedicated, for and on behalf of its members, to provide and maintain the consumer protection requirements of subparagraph (F) of this paragraph (1) to maintain the integrity of the ticket brokerage industry.
(2) (Blank).
(3) The ticket broker and his employees must not     engage in the practice of selling, or attempting to sell, tickets for any event while sitting or standing near the facility at which the event is to be held or is being held unless the ticket broker or his or her employees are on property they own, lease, or have permission to occupy.
(4) The ticket broker must comply with all     requirements of the Retailers' Occupation Tax Act and collect and remit all other applicable federal, State and local taxes in connection with the ticket broker's ticket selling activities.
(5) Beginning January 1, 1996, no ticket broker shall     advertise for resale any tickets within this State unless the advertisement contains the name of the ticket broker and the Illinois registration number issued by the Office of the Secretary of State under this Section.
(6) Each ticket broker registered under this Act     shall pay an annual registration fee of $100.
(c)  This Act does not apply to the sale of tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind for a price in excess of the printed box office ticket price by a reseller engaged in interstate or intrastate commerce on an Internet auction listing service duly registered with the Office of the Secretary of State on a registration form provided by that Office.  This subsection (c) applies to both sales through an online bid submission process and sales at a fixed price on the same website or interactive computer service as an Internet auction listing service.
This subsection (c) applies to resales described in this subsection only if the operator of the Internet auction listing service meets the following requirements:
(1) the operator maintains a listing of the names and     addresses of its corporate officers;
(2) the operator is in compliance with all applicable     federal, State, and local laws relating to ticket selling activities, and the operator's  officers and directors have not been convicted of a violation of this Act within the preceding 12 months;
(3) the operator maintains, either itself or through     an affiliate, a toll free number dedicated for consumer complaints;
(4) the operator provides consumer protections that     include at  a minimum:
(A) consumer protection guidelines;
(B) a standard refund policy that guarantees to         all purchasers that it will provide and in  fact provides a full refund of the amount paid by the purchaser (including, but not limited to, all fees, regardless of how characterized) if the following occurs:
(i)  the ticketed event is cancelled and the             purchaser returns the tickets to the seller or Internet auction listing service; however, reasonable delivery fees need not be refunded if the previously disclosed guarantee specifies that the fees will not be refunded if the event is cancelled;
(ii)  the ticket received by the purchaser             does not allow the purchaser to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been cancelled by the issuer due to non-payment, unless the ticket is cancelled due to an act or omission by such purchaser;
(iii)  the ticket fails to conform to its             description on the Internet auction listing service; or
(iv) the ticket seller willfully fails to             send  the ticket or tickets to the purchaser, or the ticket seller attempted to deliver the ticket or tickets to the purchaser  in the manner required by the Internet auction listing service and the purchaser failed to receive the ticket or tickets; and
(C) standards of professional conduct;
(5) the operator has adopted an independent and     disinterested dispute resolution procedure that allows resellers or purchasers to file complaints against the other and  have those complaints mediated or resolved by a third party, and requires the resellers or purchasers to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois;
(6) the  operator either:
(A) complies with all applicable requirements of         the Retailers' Occupation Tax Act and collects and remits all applicable federal, State, and local taxes; or
(B) publishes a written notice on the website         after the sale of one or more tickets that automatically informs the ticket reseller of the ticket reseller's potential legal obligation to pay any applicable local amusement tax in connection with the reseller's sale of tickets, and discloses to law enforcement or other government tax officials, without subpoena, the name, city, state, telephone number, e-mail address, user ID history, fraud complaints, and bidding and listing history of any specifically identified reseller or purchaser upon the receipt of a verified request from law enforcement or other government tax officials relating to a criminal investigation or alleged illegal activity; and
(7) the operator either:
(A) has established and maintains a consumer         protection rebate fund in Illinois in an amount in excess of $100,000, which must be cash available for immediate disbursement for satisfaction of valid consumer complaints; or
(B) has obtained and maintains in force an errors         and omissions insurance policy that provides at least $100,000 in coverage.
(d)  This Act does not apply to the resale of tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind for a price in excess of the printed box office ticket price conducted at an auction solely by or for a not-for-profit organization for charitable purposes under clause (a)(1) of Section 10-1 of the Auction License Act.
(e)  This Act does not apply to the resale of  a ticket for admission to a baseball game, football game, hockey game, theatre entertainment, or any other amusement for a price more than the price printed on the face of the ticket and for more than the price of the ticket at the box office if the resale is made through an Internet website whose operator meets the following requirements:
(1) the operator has a business presence and physical     street address in the State of Illinois and clearly and conspicuously posts that address on the website;
(2) the operator maintains a listing of the names of     the operator's directors and officers, and is duly registered with the Office of the Secretary of State on a registration form provided by that Office;
(3) the operator is in compliance with all applicable     federal, State, and local laws relating to its ticket reselling activities regulated under this Act, and the operator's  officers and directors have not been convicted of a violation of this Act within the preceding 12 months;
(4) the operator maintains a toll free number     specifically dedicated for consumer complaints and inquiries regarding ticket resales made through the website;
(5) the operator either:
(A) has established and maintains a consumer         protection rebate fund in Illinois in an amount in excess of $100,000, which must be cash available for immediate disbursement for satisfaction of valid consumer complaints; or
(B) has obtained and maintains in force an errors         and omissions policy of insurance in the minimum amount of $100,000 for the satisfaction of valid consumer complaints;
(6) the operator has adopted an independent and     disinterested dispute resolution procedure that allows resellers or purchasers to file complaints against the other and  have those complaints mediated or resolved by a third party, and requires the resellers or purchasers to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois;
(7) the  operator either:
(A) complies with all applicable requirements of         the Retailers' Occupation Tax Act and collects and remits all applicable federal, State, and local taxes; or
(B) publishes a written notice on the website         after the sale of one or more tickets that automatically informs the ticket reseller of the ticket reseller's potential legal obligation to pay any applicable local amusement tax in connection with the reseller's sale of tickets, and discloses to law enforcement or other government tax officials, without subpoena, the name, city, state, telephone number, e-mail address, user ID history, fraud complaints, and bidding and listing history of any specifically identified reseller or purchaser upon the receipt of a verified request from law enforcement or other government tax officials relating to a criminal investigation or alleged illegal activity; and
(8) the operator guarantees to all purchasers that it     will provide and in fact provides a full refund of the amount paid by the purchaser (including, but not limited to, all fees, regardless of how characterized) if any of the following occurs:
(A)  the ticketed event is cancelled and the         purchaser returns the tickets to the website operator; however, reasonable delivery fees need not be refunded if the previously disclosed guarantee specifies that the fees will not be refunded if the event is cancelled;
(B)  the ticket received by the purchaser does         not allow the purchaser to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been cancelled by the issuer due to non-payment, unless the ticket is cancelled due to an act or omission by the purchaser;
(C)  the ticket fails to conform to its         description on the website; or
(D) the ticket seller willfully fails to send the         ticket or tickets to the purchaser, or the ticket seller attempted to deliver the ticket or tickets to the purchaser in the manner required by the website operator and the purchaser failed to receive the ticket or tickets.
Nothing in this subsection (e) shall be deemed to imply any limitation on ticket sales made in accordance with subsections (b), (c), and (d) of this Section or any limitation on sales made in accordance with Section 4.
(f) The provisions of subsections (b), (c), (d), and (e) of
this Section apply only to the resale of a ticket after the initial sale of that ticket.

No reseller of a ticket may refuse to sell tickets to another ticket reseller solely on the basis that the purchaser is a ticket reseller or ticket broker authorized to resell tickets pursuant to this Act.
(f-5) In addition to the requirements imposed under subsections (b), (c), (d), (e), and (f) of this Section, ticket brokers and resellers must comply with the requirements of this subsection. Before accepting any payment from a purchaser, a ticket broker or reseller must disclose to the purchaser in a clear, conspicuous, and readily noticeable manner the following information:
(1) the registered name and city of the event venue;
(2) that the ticket broker or reseller is not the     event venue box office or its licensed ticket agent, but is, instead, a ticket broker or reseller and that lost or stolen tickets may be reissued only by ticket brokers or resellers;
(3) whether it is registered under this Act; and
(4) its refund policy, name, and contact information.
Before selling and accepting payment for a ticket, a ticket broker or reseller must require the purchaser to acknowledge by an affirmative act the disclosures required under this subsection. The disclosures required by this subsection must be made in a clear and conspicuous manner, appear together, and be preceded by the heading "IMPORTANT NOTICE" which must be in bold face font that is larger than the font size of the required disclosures.
Ticket brokers and resellers must guarantee a full refund of the amount paid by the purchaser, including handling and delivery fees, if any of the following occurs:
(1) the ticket received by the purchaser does not     grant the purchaser admission to the event described on the ticket, unless it is due to an act or omission by the purchaser;
(2) the ticket fails to conform substantially to its     description as advertised; or
(3) the event for which the ticket has been resold is     cancelled and not rescheduled.
This subsection (f-5) does not apply to an Internet auction listing service.
(g) The provisions of Public Act 89-406 are severable under Section
1.31 of the Statute on Statutes.
(h) The provisions of this amendatory Act of the 94th General Assembly are severable under Section
1.31 of the Statute on Statutes.
(Source: P.A. 99-431, eff. 1-1-16; 100-534, eff. 9-22-17.)
(815 ILCS 414/2) (was 720 ILCS 375/2)
Sec. 2. 
(a) Whoever violates any of the provisions of Section 1.5 of
this Act shall be guilty of a Class A misdemeanor and may be fined up
to $5,000.00 for each offense and whoever violates any other provision of
this Act may be enjoined and be required to make restitution to all injured
consumers upon application for injunctive relief by the State's Attorney or
Attorney General and shall also be guilty of a Class A misdemeanor, and any
owner, lessee, manager or trustee convicted under this Act shall, in
addition to the penalty herein provided, forfeit the license of such
theatre, circus, baseball park, or place of public entertainment or amusement
so granted and the same shall be revoked by the authorities granting the same.
(b) Tickets sold or offered for sale by a person, firm or corporation
in violation of Section 1.5  of this Act may be confiscated by a
court on
motion of the Attorney General, a State's Attorney, the sponsor of the
event for which the tickets are being sold, or the owner or operator of the
facility at which the event is to be held, and may be donated by order of
the court to an appropriate organization as defined under Section 2 of the
Charitable Games Act.
(c) The Attorney General, a State's Attorney, the sponsor of an event
for which tickets are being sold, or the owner or operator of the facility
at which an event is to be held may seek an injunction restraining any
person, firm or corporation from selling or offering for sale tickets in
violation of the provisions of this Act.  In addition, on motion of the
Attorney General, a State's Attorney, the sponsor of an event for which
tickets are being sold, or the owner or operator of the facility at which
an event is to be held, a court may permanently enjoin a person, firm or
corporation found guilty of violating Section 1.5 of this Act
from
engaging in the offer or sale of tickets.
(Source: P.A. 99-78, eff. 7-20-15.)
(815 ILCS 414/3) (was 720 ILCS 375/3)
Sec. 3. 
		
		Whoever, upon the purchase of such admission tickets as
herein provided, feels himself aggrieved or injured by paying for such
tickets any sum in excess of the advertised price or printed rate, or
any sum in excess of the price originally charged at the box office or
place where such admission tickets usually are sold by the management of
any such place of entertainment or amusement, has, irrespective of the
penalties herein provided, a right of action in his name and against
such person, firm, corporation, owner, lessee, manager, trustee, or any
of their agents or employees owning, conducting, managing or operating
any such theater, circus, baseball park or place of public entertainment
or amusement, to recover for each ticket for which an overcharge was
made contrary to the provisions of this Act, a sum of $100, which may be
recovered in a civil action before the circuit court
in this State.
(Source: P.A. 84-1103.)
(815 ILCS 414/4) (was 720 ILCS 375/4)
Sec. 4. 
		
		Nothing contained in this Act was ever intended to prohibit nor
shall ever be deemed to prohibit a ticket seller, with consent of the sponsor
of such baseball game, football game, hockey game, theatre entertainment
or other amusement, from collecting a reasonable service charge, in addition
to the printed box office ticket price, from a ticket purchaser in return
for service actually rendered.
(Source: P.A. 80-1245.)