Venue Tickets
In 2019, the Utah State Legislature passed, and the Governor signed, S.B. 69, Consumer Ticket Protection Amendments. S.B. 69 enacts the Ticket Transferability Act (TTA), Utah Code §13-56-101 et seq. The TTA has been in effect since January 1, 2020.
Exemptions
The TTA does not apply to an event or venue of an "exempt entity." The following are "exempt entities" under the TTA:
- A Division I college postseason basketball tournament;
- A nonprofit organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code,
is domiciled in Utah, and that produces an annual international film festival in Utah; and
- A public or private postsecondary institution that is located in Utah.
TTA Infographic
Frequently Asked Questions
"Event" is a defined term in the TTA at Utah Code § 13-56-102(2):
"(2) "Event" means a single, specific occurrence of one of the following, that takes place at a venue:
- a concert;
- a game;
- a performance;
- a show; or
- an occasion similar to the occasions described in Subsections (2)(a) through (d)."
For example, a venue is hosting a play, which has two performances per day for a week. That would be fourteen (14) separate "events" under the TTA.
"(4) “Restricted ticket” means a ticket to an event that is subject to a restriction that prohibits the purchaser from reselling or otherwise transferring the ticket by any lawful method."
Notice that this definition focuses on restrictions on a ticket's transferability and not other types of potential restrictions.
"(5) “Transferrable ticket” means a ticket to an event that a person issues using a delivery method that enables the purchaser to lawfully resell the ticket independent of the person who issued the ticket or the person’s agent or operator."
Notice that this definition requires that a ticket not only be transferrable, but that a purchaser must be able to resell the ticket independently of the person who issued the ticket or the person's agent or operator. For example, if a person issues a ticket that is transferable, but that can only be resold on that person's secondhand marketplace or platform, the ticket is not a "transferrable ticket."
"Venue is a defined term in the TTA at Utah Code § 13-56-102(6):
Subsection (6)(b) of this definition provides some helpful examples of what may qualify as a "venue," but this list is not exhaustive. Your location may qualify as a “venue” even if it is not specifically listed.
- Up to 10% of the total number of tickets issued for an event may be "restricted tickets." The total number of tickets includes each ticket that provides access to the event, regardless of whether the ticket is made available for sale. The total number of tickets does not include a ticket that is part of a youth basketball program associated with a professional sports team where tickets are donated or issued at a reduced rate; and
- Each calendar year, an unlimited number of "restricted tickets" may be issued for up to 10% of the total concert and theater events held at the same venue during the calendar year.
Since these allowances are formulated as percentages of values that will vary by venue and event, the TTA does not provide an exact number of tickets that may be restricted tickets.
| July 15 Report | January 15 Report |
|---|---|
|
|
Restrictions and Reporting Requirements
Each ticket issued for an event shall be a "transferrable ticket," subject to the following allowances:
- Up to 10% of the total number of tickets issued for an event may be "restricted tickets." The total number of tickets includes each ticket that provides access to the event, regardless of whether the ticket is made available for sale. The total number of tickets does not include a ticket that is part of a youth basketball program associated with a professional sports team where tickets are donated or issued at a reduced rate; and
- Each calendar year, an unlimited number of "restricted tickets" may be issued for up to 10% of the total concert and theater events held at the same venue during the calendar year.
A person who issues a restricted ticket must provide the purchaser a clear and conspicuous written notice that states the ticket may not be resold or transferred. A person may not discriminate against an individual or deny an individual admission to an event solely because the individual resold a ticket to the event independent of the person who issued the ticket, or the person’s agent or operator, or purchased a resold ticket to the event independent of the person who issued the ticket of the person’s agent or operator. However, nothing in the TTA prohibits a venue operator from maintaining and enforcing one or more policies regarding conduct or behavior at or in connection with the venue.
The TTA imposes a reporting requirement on venue operators. These reports help the Division determine whether a venue follows the ticket restriction allowances in the TTA. There are two reporting periods that correspond to two reporting dates:
| Reporting Date | Reporting Period |
|---|---|
| July 15 | January 1—June 30 (of same calendar year) |
| January 15 | July 1—December 31 (of preceding calendar year) |
A venue operator must submit a report to the Division if there was an event scheduled at the venue during the applicable reporting period for which a person issued one or more restricted tickets. For example, if a person issued a restricted ticket to an event scheduled at a venue on April 15, 2020, the venue operator for that venue must submit a report to the Division on or before July 15, 2020. This report would cover the reporting period of January 1, 2020, to June 30, 2020. Similarly, if a person issued a restricted ticket to an event scheduled at a venue on October 31, 2020, the venue operator for that venue must submit a report to the Division on or before January 15, 2021. This report would cover the reporting period of July 1, 2020, through December 31, 2020.
If no restricted tickets were issued for any events scheduled at the venue during the applicable reporting period, then the venue operator does not have to submit a report for that reporting period. For this reason, a venue operator may not always need to submit both a July 15 and January 15 report.
The contents of a July 15 report differ slightly from the contents of a January 15 report:
| July 15 Report | January 15 Report |
|---|---|
|
|
Reports can be submitted via email to tickets@utah.gov. Please be aware that reports submitted to the Division are records under the Utah Government Records Access and Management Act (GRAMA) and are governed by GRAMA. If you wish to make a claim of business confidentiality with respect to any information in a report or with respect to records you provide to the Division, please be aware of the following law: "Any person who provides to a governmental entity a record that the person believes should be protected under §63G-2-305(1) [trade secrets] or (2) [commercial information or non-individual financial information] or both Subsections 63G-2-305(1) and (2) shall provide with the record: (A) a written claim of business confidentiality; and (B) a concise statement of reasons supporting the claim of business confidentiality."
Examples of Reporting
Example 1: A venue is running a series of ten performances of the same theater production in January 2020. The venue has 1,000 seats, 50 of which are restricted tickets for each performance. This is allowable under Utah Code §13-56-201(2)(a) because the number of restricted tickets is less than 10% of the total tickets for the event. The venue operator is required to list each individual performance as an "event" in the July 15, 2020 Report, because tickets were restricted at each individual performance. Furthermore, the venue operator would be required to include these ten events in the total number of events for which restricted tickets were issued during the previous calendar year in any January 15, 2021 report.
Example 2: The same facts as Example 1, however the venue operator would also like to restrict one of the ten performances exclusively for members of a civic group by issuing tickets to members of that group that are non-transferable. This is allowable under Utah Code §13-56-201(2)(b) because the performance qualifies as a concert or theater event and it is one of ten similar performances, thus allowing an unlimited number of restricted tickets to be issued. The report requirements remain the same as the previous example.
Example 3: The same facts as Example 1, however the venue operator would like to restrict 50% of the tickets to two of the ten performances and not issue restricted tickets to any other performances. Assuming that the venue does not have any concert or theater events scheduled between July 1, 2020, and December 21, 2020, this is not allowable under Utah Code §13-56-201(2)(b) because the number of performances utilizing the "unlimited number of restricted tickets" provision exceeds 10% of the total number of performances.
Example 4: The same facts as Example 1, but in addition to the 10 performances of the theater production above, the venue also has 15 other concert or theater events scheduled throughout the year. Under Utah Code §13-56-201(2)(b), the venue may now restrict an unlimited number of tickets to any two of the concert or theater events throughout the year. Reporting requirements still apply.
Example 5: A venue has a season of 20 sporting events scheduled between June (15 events) and July (5 events). The venue is allowed to restrict up to 10% of the tickets in any individual event, and like Example 1, each individual game qualifies as an "event" for reporting purposes. The 15 events in June must be included in a July 15 report and the 5 July events must be included in a January 15 report.
Example 6: The same facts as Example 5, but the venue operator is hoping to restrict 100% of tickets for one game and not restrict tickets for any other events. This is not allowed under Utah Code §13-56-201(2)(b) because it is not a qualified concert or theater event.