75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1876
House Bill 2673
Sponsored by Representatives GELSER, BRUUN; Representatives
BERGER, BUCKLEY, CANNON, GILLIAM, GILMAN, GREENLICK, HANNA,
KRIEGER, MATTHEWS, MAURER, OLSON, READ, RILEY, J SMITH,
STIEGLER, THOMPSON, TOMEI, WHISNANT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires entertainment event producer or promoter and venue
owner to disclose numbers and classes of admission tickets
available for sale to members of general public.
Requires admission ticket reseller to disclose number of unsold
admission tickets reseller has available for resale.
Provides that violation is subject to enforcement as unlawful
practice.
A BILL FOR AN ACT
Relating to sales of admission tickets for entertainment events;
creating new provisions; and amending ORS 646.608.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and sections 2 and 3 of
this 2009 Act:
(1) 'Admission ticket' means evidence of a purchaser's right of
entry to a venue or an entertainment event.
(2) 'Conspicuous place' means a location that is intended and
likely to attract attention or notice, that is free from
permanent visual obstructions and that is visible despite the
presence of a crowd of people or temporary visual obstructions.
(3) 'Conspicuous print or lettering' means print or lettering
that is intended or likely to attract attention or notice and
that is easily legible and readily visible from a distance of at
least 15 feet.
(4) 'Entertainment event' means a performance, recreation,
amusement, diversion, spectacle, show or similar event including,
but not limited to, a theatrical or musical performance, concert,
film, game, ride or sporting event.
(5) 'Established price' means a price that is:
(a) Fixed at the time an operator first sells an admission
ticket to a purchaser; and
(b) Printed, inscribed or endorsed on the face of the admission
ticket.
(6) 'Operator' means a person that owns, operates or controls a
venue or that produces or promotes an entertainment event, or the
person's agent or employee.
(7) 'Resale' means a sale other than an operator's initial sale
of an admission ticket for a venue that is located in or an
entertainment event that occurs in this state, irrespective of
the location in which the sale occurs or the means by which a
reseller solicits or advertises the sale or delivers or receives
payment for the admission ticket.
(8) 'Reseller' means a person other than an operator that
conducts a resale.
(9) 'Venue' means a privately or publicly owned or operated
facility or location in which an entertainment event occurs and
for which an admission ticket is required for entry including,
but not limited to, a hall, auditorium, ballroom, club, theater,
stadium, arena, racetrack, museum, park or amusement park or
other place suitable for or used for presenting an entertainment
event. + }
SECTION 2. { + (1) An operator in an advertisement for an
entertainment event other than a radio advertisement, and in a
communication or material the operator uses to solicit the
purchase of an admission ticket to an entertainment event, shall
disclose:
(a) The total number of admission tickets for the entertainment
event that are available for purchase by members of the general
public and the total number of admission tickets that are not
available for purchase by members of the general public;
(b) Every class, tier or level of admission ticket that is
available for purchase by members of the general public, together
with a description of the type of entry, seating location,
services or other privileges associated with each class, tier or
level;
(c) The total number of admission tickets in each class, tier
or level that are available for purchase by members of the
general public; and
(d) A description of the type of entry, seating location,
services or other privileges associated with admission tickets
that are not available for purchase by members of the general
public.
(2) An operator shall print the established price on the face
of every admission ticket that is required for entry to a venue
or an entertainment event, together with the amount of any
premium, service charge or other fee that applies to the purchase
of the admission ticket at the time of sale.
(3) An operator shall post in a conspicuous place at each
entrance to a venue a notice that in conspicuous print or
lettering:
(a) Lists the classes, tiers or levels of admission tickets
available for purchase by members of the general public and
discloses the established price for each class, tier or level,
together with any premium, service charge or other fee that
applies to sales at the venue or on the day the entertainment
event is scheduled to occur; and
(b) Discloses the number of admission tickets in each class,
tier or level that are unsold and available for purchase from the
operator at the venue's box office or other entrance into the
venue as of one hour before the entertainment event is scheduled
to begin.
(4) An operator may cite this section as authority for the
requirement that the operator post the notice described in
subsection (3) of this section. The operator may print the citing
reference on the notice.
(5) This section does not apply to an operator that is an
organization or group of organizations described in section
501(c)(3) of the Internal Revenue Code that is exempt from income
tax under section 501(a) of the Internal Revenue Code.
(6) Violation of this section is an unlawful practice under ORS
646.608 that is subject to an action under ORS 646.632 or
646.638. + }
SECTION 3. { + (1) A reseller, or an operator that conducts a
resale, in an advertisement other than a radio advertisement and
in a communication or material the reseller or operator uses to
solicit the resale of an admission ticket shall disclose:
(a) The total number of unsold tickets the reseller or operator
has for resale at the time the reseller or operator advertises or
solicits the resale;
(b) Every class, tier or level of admission ticket that the
reseller or operator has available for resale, together with a
description of the type of entry, seating location, services or
other privileges associated with each class, tier or level; and
(c) The total number of admission tickets in each class, tier
or level that the reseller or operator has available for resale.
(2) This section does not apply to a reseller or operator that
is an organization or group of organizations described in section
501(c)(3) of the Internal Revenue Code that is exempt from income
tax under section 501(a) of the Internal Revenue Code or to a
person other than an operator that sells an admission ticket for
not more than the established price.
(3) Violation of this section is an unlawful practice under ORS
646.608 that is subject to an action under ORS 646.632 or
646.638. + }
SECTION 4. ORS 646.608, as amended by section 8, chapter 19,
Oregon Laws 2008, and section 5, chapter 31, Oregon Laws 2008, is
amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and
(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
(aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(bb) Violates ORS 646A.070 (1).
(cc) Violates any requirement of ORS 646A.030 to 646A.040.
(dd) Violates the provisions of ORS 128.801 to 128.898.
(ee) Violates ORS 646.883 or 646.885.
(ff) Violates any provision of ORS 646A.020.
(gg) Violates ORS 646.569.
(hh) Violates the provisions of ORS 646A.142.
(ii) Violates ORS 646A.360.
(jj) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(kk) Violates ORS 646.563.
(LL) Violates ORS 759.690 or any rule adopted pursuant thereto.
(mm) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(nn) Violates ORS 646A.210 or 646A.214.
(oo) Violates any provision of ORS 646A.124 to 646A.134.
(pp) Violates ORS 646A.254.
(qq) Violates ORS 646A.095.
(rr) Violates ORS 822.046.
(ss) Violates ORS 128.001.
(tt) Violates ORS 646.649 (2) to (4).
(uu) Violates ORS 646A.090 (2) to (4).
(vv) Violates ORS 87.686.
(ww) Violates ORS 646.651.
(xx) Violates ORS 646A.362.
(yy) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
(zz) Violates ORS 180.440 (1).
(aaa) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(bbb) Violates ORS 87.007 (2) or (3).
(ccc) Violates ORS 92.405 (1), (2) or (3).
(ddd) Engages in an unlawful practice under ORS 646.648.
(eee) Violates ORS 646A.365.
(fff) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
(ggg) Sells a gift card in violation of ORS 646A.276.
(hhh) Violates ORS 646A.102, 646A.106 or 646A.108.
(iii) Violates ORS 646A.430 to 646A.450.
(jjj) Violates a provision of sections 2 to 6, chapter 19,
Oregon Laws 2008.
(kkk) Violates section 2, chapter 31, Oregon Laws 2008, 30 or
more days after a recall notice, warning or declaration described
in section 2, chapter 31, Oregon Laws 2008, is issued for the
children's product, as defined in section 1, chapter 31, Oregon
Laws 2008, that is the subject of the violation.
{ + (LLL) Violates section 2 or 3 of this 2009 Act. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(zz)
of this section by a person other than a prosecuting attorney,
relief is limited to an injunction and the prevailing party may
be awarded reasonable attorney fees.
SECTION 5. { + Sections 1, 2 and 3 of this 2009 Act and the
amendments to ORS 646.608 by section 4 of this 2009 Act apply to
sales or resales of admission tickets that occur on or after the
effective date of this 2009 Act. + }
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