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A BILL 1
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26-224 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
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To amend Title 28 of the District of Columbia Official Code to protect artists, venues, and 11
consumers in the District from unfair and deceptive practices in live event ticket purchases 12
by clarifying a ticket issuer, reseller, or secondary ticket exchange’s existing obligation 13
under the Consumer Protection Procedures Act, like in all industries, to clearly and 14
conspicuously disclose upfront certain information regarding ticket pricing, to prescribe 15
procedures governing the provision of refunds, to prohibit the sale of speculative tickets, 16
to prohibit a ticket issuer from restricting the transferability of a ticket unless the terms 17
and conditions on transferability are clearly disclosed to the consumer prior to purchase, to 18
permit ticket issuers to maintain and enforce policies and conditions or requirements for 19
ticket purchase with respect to conduct, behavior, public health and safety, or age at the 20
venue or event, and establish limits on the amount of tickets that can be purchased, to 21
require a ticket issuer or secondary ticket exchange to maintain reasonable technology to 22
prevent any machine, device, computer program, or computer software, with or without 23
human assistance, from bypassing security measures or access control systems designed to 24
limit the number of tickets that can be purchased by a person on a marketplace for initial 25
purchase or secondary ticket exchange, to require the Mayor to issue rules, to authorize 26
the Mayor to establish regulations governing the price and fee structure for the primary 27
and secondary ticket markets, and to provide for civil penalties for violations of this 28
chapter; and to amend Chapter 28 of Title 47 of the District of Columbia Official Code to 29
require a reseller that resells or offers to resell 50 or more tickets a year to obtain a license 30
and maintain a surety bond of $25,000, to clarify that secondary ticket exchanges shall 31
obtain a basic business license, and to outline licensing and reporting requirements for the 32
Department of Licensing and Consumer Protection, resellers, and secondary ticket 33
exchanges. 34
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 36
act may be cited as the “Restricting Egregious Scalping Against Live Entertainment (RESALE) 37
Amendment Act of 2026”. 38
Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows: 39
(a) The table of contents is amended by adding a new chapter designation to read as 40
follows: 41
“55. Sale and Resale of Live Event Tickets.”. 42
(b) A new Chapter 55 is added to read as follows: 43
“Chapter 55. Sale and Resale of Live Event Tickets. 44
“28-5501. Definitions. 45
“28-5502. Ticket disclosure and refund requirements. 46
“28-5503. Prohibition on the sale or resell of speculative tickets. 47
“28-5504. Transferability of tickets. 48
“28-5505. Requirement of reasonable technology for a ticket issuer and secondary ticket 49
exchange. 50
“28-5506. Requirements for resale of tickets. 51
“28-5507. Rules. 52
“28-5508. Penalties and enforcement. 53
Ҥ 28-5501. Definitions. 54
“For the purposes of this chapter, the term: 55
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“(1) “Department” means the Department of Licensing and Consumer Protection. 56
“(2) “Resale” means the second or subsequent sale of a ticket by any method, 57
including in-person transactions, telephone, mail, e-mail, facsimile, or electronic means through 58
a website or mobile application. 59
“(3) “Reseller” means a person engaged in the resale of tickets. 60
“(4) “Secondary ticket exchange” means an electronic marketplace that enables a 61
person to sell, purchase, and resell tickets. 62
“(5) “Speculative ticket” means a ticket that is not in the actual or constructive 63
possession of a reseller at the time of listing, sale, resale, or advertisement, including tickets that 64
are not owned by the reseller and ticket that are under contract to be transferred to the reseller. 65
“(6) “Ticket” means any form of physical, electronic, or other evidence that grants 66
the possessor of the evidence license to enter a place of entertainment for one or more events, 67
including live concerts, theatrical performances, shows, or similarly scheduled live activities, at a 68
specified date and time; provided, that the event is not a sporting event organized by a 69
professional or intercollegiate sports team located in the District or professional athletic 70
association with an event located in the District; provided further, that the event is not a motion 71
picture screening. 72
“(7) “Ticket issuer” means a person or their agent who issues tickets for initial 73
sale, including musicians, venues, promoters, theater companies, and marketplaces for initial 74
purchases. 75
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Ҥ 28-5502. Ticket disclosure and refund requirements. 76
“(a) The listing for a ticket and each step of a transaction to purchase a ticket shall clearly 77
and conspicuously disclose: 78
“(1) The total price of the ticket, including all fees and taxes other than shipping 79
costs that are not determinable at a step in the transaction; 80
“(2) An itemized listing of all charges that comprise the total price of the ticket, 81
including all fees and taxes; and 82
“(3) The seat number, zone, and section, to the extent applicable to the seat and 83
venue. 84
“(b)(1) The total price of a ticket disclosed pursuant to subsection (a) of this section may 85
be increased in a noninitial step of a transaction by the amount of reasonable shipping costs for 86
physically delivered tickets. 87
“(2) The shipping costs allowed under paragraph (1) of this subsection may vary 88
with the consumer’s location relative to the shipment’s location of origin and the delivery 89
method selected by the consumer. 90
“(3) The total price of the ticket, including all fees, taxes, and shipping costs, shall 91
be clearly and conspicuously disclosed prior to final purchase of the ticket. 92
“(c)(1) A ticket issuer, secondary ticket exchange, or reseller directly engaged in a 93
transaction with a consumer shall provide a full refund, including all fees and taxes, if: 94
“(A) The ticket is counterfeit; 95
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“(B) The event is canceled; or 96
“(C) The ticket does not conform to the description provided at the time of 97
purchase. 98
“(2) Refunds shall be issued within 10 days of the event’s cancellation or 99
discovery of non-conformance. 100
“(3) Notwithstanding paragraphs (1) and (2) of this subsection, a nonprofit 101
corporation organized under Chapter 4 of Title 29 of the District of Columbia Official Code shall 102
not be required to provide a refund if a consumer elects to donate the cost of their ticket. 103
Ҥ 28-5503. Prohibition on the sale or resale of speculative tickets. 104
“A reseller or a secondary ticket exchange shall not sell, resell, or offer to sell or offer to 105
resell speculative tickets. 106
Ҥ 28-5504. Transferability of tickets. 107
“(a) A ticket issuer shall not restrict the transferability of a ticket sold unless the terms 108
and conditions on transferability are clearly and conspicuously disclosed to the consumer prior to 109
purchase and the consumer acknowledges receipt of such disclosure prior to purchase. 110
“(b) A ticket issuer may, subject to applicable District or federal law: 111
“(1) Maintain and enforce policies and conditions or requirements for ticket 112
purchase with respect to conduct, behavior, public health and safety, or age at the venue or event; 113
and 114
“(2) Establish limits on the quantity of tickets that may be purchased. 115
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Ҥ 28-5505. Requirement of reasonable technology for a ticket issuer and secondary 116
ticket exchange. 117
“A ticket issuer and secondary ticket exchange, to the extent applicable and under the 118
totality of the circumstances, shall implement and maintain reasonable technology to prevent any 119
machine, device, computer program, or computer software, with or without human assistance, 120
from bypassing security measures or access control systems designed to limit the number of 121
tickets that can be purchased by a person on a primary or secondary ticket exchange. 122
Ҥ 28-5506. Requirements for resale of tickets. 123
“(a) A secondary ticket exchange shall, prior to a ticket being resold or offered to be 124
resold: 125
“(1) Verify that the reseller meets all licensure and bonding requirements 126
established in § 47-2890.02; and 127
“(2) Disclose the original purchase price of the ticket, including all fees and taxes 128
in connection with the initial purchase price of the ticket.2 129
“(b) Except as provided in subsection (c) of this section, a reseller or secondary 130
ticket exchange shall not sell or offer to sell a ticket that exceeds the total price of the initial 131
ticket, including all fees and taxes in connection with the initial ticket, plus up to 10% of 132
the total price of the initial ticket, including all fees and taxes in connection with the initial 133
ticket. 134
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“(c) A secondary ticket exchange may charge a fee for the service of providing a 135
marketplace for the resale of a ticket, which may be in addition to any fees described in 136
subsection (b) of this section; provided, that the fee shall not exceed 10% of the total price 137
of the initial ticket, including all fees and taxes in connection with the initial ticket.” 138
Ҥ 28-5507. Rules. 139
“(a) The Mayor, pursuant to Title I of the District of Columbia Administrative 140
Procedure 141
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall 142
issue 143
rules to implement the provisions of this chapter. 144
“(b) Notwithstanding subsection (a) and § 28-5506(b), the Mayor is authorized to 145
promulgate rules governing the price and fee structure for the primary and secondary 146
market sale of tickets covered under this chapter, including establishing limitations on: 147
“(1) The maximum ticket sale fees that may be charged; 148
“(2) The use of dynamic pricing; and 149
“(3) The total resale price of a ticket, expressed in a percentage of the total 150
purchase price of the initial ticket. 151
“(a) The Mayor, pursuant to Title I of the District of Columbia Administrative 152
Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et 153
seq.), shall issue rules to implement the provisions of this chapter. 154
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“(b) In addition to the rules in subsection (a), the Mayor is authorized to promulgate 155
rules governing the maximum fees for the service of providing a marketplace for the 156
issuance or sale of an initial ticket. 157
“(c) Notwithstanding subsection (a) of this section, the Mayor may adjust the price 158
and fee restrictions imposed in § 28-5506(b) and (c) by rulemaking no earlier than January 159
1, 2028; provided, that the Mayor shall not: 160
“(1) Restrict the sale or offering for sale of a ticket below the total price of 161
the initial ticket, including all fees and taxes in connection with the initial ticket, or more 162
than 20% above the total price of the initial ticket, including all fees and taxes in 163
connection with the initial ticket; or 164
“(2) Reduce a fee that a secondary ticket exchange may charge for the service 165
of providing a marketplace for the resale of a ticket to below 5% or more than 20% of the 166
total price of the initial ticket, including all fees and taxes in connection with the initial 167
ticket.” 168
“(d) Proposed rules pursuant to this subsection shall be submitted to the Council for 169
a 45-day period of review, excluding Saturdays, Sundays, legal holidays and days of 170
Council recess. If the Council does not approve or disapprove the proposed rules, in whole 171
or in part, by resolution within this 45-day period, the proposed rules shall be deemed 172
approved.”. 173
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Ҥ 28-5508. Penalties and enforcement. 175
“(a) A violation of this chapter shall be a Class 2 civil infraction and subject to fines 176
pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations (16 177
DCMR § 3201). 178
“(b) Failure to comply with the requirements of this chapter shall be an unlawful trade 179
practice under § 28-3904.”. 180
“(c) The civil penalty imposed pursuant to subsection (a) of this section shall be in 181
addition to the remedies available to the Attorney General pursuant to § 28-3909. 182
Ҥ 28-5509. Prohibition on surveillance-based price discrimination. 183
“(a) A ticket issuer, reseller, or secondary ticket exchange shall not use personally 184
identifiable information collected through electronic surveillance technology, technological 185
methods, systems, or tools, including sensors, cameras, device tracking, biometric 186
monitoring, or other forms of observation or data collection capable of gathering 187
personally identifiable information about a consumer’s behavior, characteristics, location, 188
or other personal attributes, whether in physical or digital environments, to set the price 189
for a ticket covered under this chapter. 190
“(b) For the purposes of this section, the term “personally identifiable information” 191
means information that can be used to distinguish or trace an individual’s identity, either 192
alone or when combined with other personal or identifying information that is linked or 193
linkable to a specific individual.”. 194
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Sec. 3. Subchapter IV of Chapter 28 of Title 47 of the District of Columbia Official Code 195
is amended as follows: 196
(a) The table of contents is amended by adding the following after “47-2889.08. Relation 197
to Electronic Signatures in Global and National Commerce Act.”: 198
“ Part H. Ticket Resellers and Secondary Ticket Exchanges.”. 199
(b) A new Part H is added to read as follows: 200
“ Part H. Ticket Resellers and Secondary Ticket Exchanges. 201
Ҥ 47-2890.01 Definitions. 202
“For the purposes of this chapter, terms shall have the same meaning as set forth 203
in § 28-5501. 204
Ҥ 47-2890.02 Ticket resellers. 205
“(a)(1) No reseller that posts 50 or more ticket resale listings in a year shall operate in the 206
District without obtaining a license from the Department. 207
“(2) If a reseller lists a single ticket for resale across multiple secondary ticket 208
exchange platforms, the total number of listings for the ticket shall count toward the threshold 209
provided in paragraph (1) of this subsection. 210
“(b) An applicant for licensure shall provide the following information to the 211
Department: 212
“(1) Full legal name and any aliases or usernames used in the resale of tickets; 213
“(2) Contact information, including a physical street address, email address, and 214
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phone number; 215
“(3) All associated entities involved in the resale of tickets; 216
“(4) Proof of current surety bond as required by subsection (d) of this section; 217
“(5) And any additional information required by the Department. 218
“(c) All entities under common ownership or control of a person shall be considered one 219
reseller for the purposes of the license requirements imposed under this section. 220
“(d)(1) A reseller that lists 50 or more tickets for resale in a year shall maintain a surety 221
bond of $25,000 to ensure compensation to consumers in cases where the reseller fails to deliver 222
purchased tickets or engages in fraudulent activities. 223
“(2) The surety bond shall cover compensation for lost funds by the consumer, 224
including travel expenses incurred by the consumer if the reseller fails to deliver the purchased 225
tickets. 226
“(3) The Department may adjust the surety bond requirements by 227
rulemaking. 228
Ҥ 47-2890.03 Secondary t icket exchanges. 229
“A secondary ticket exchange shall obtain a basic business license to operate in the 230
District in accordance with D.C. Official Code § 47-2851.02. 231
Ҥ 47-2890.04 Reporting requirements. 232
“(a) The Department shall maintain a list of licensed resellers and make the list available 233
to the public via the Department’s website. The list shall: 234
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“(1) Include the legal name, aliases, and associated entities of all registered 235
resellers; and 236
“(2) Be updated at least quarterly; and 237
“(3) Include information on any violations of this part and Chapter 55 of Title 28 238
of the District of Columbia Official Code within the past 5 years. 239
“(b) A licensed reseller shall retain for 3 years: 240
“(1) The total number of tickets re sold by the licensed reseller ; 241
“(2) The original purchase price of each ticket purchased by the licensed reseller 242
within the previous year; and 243
“(3) The final resale price of each ticket re sold by the licensed reseller. 244
“(c) A secondary ticket exchange shall: 245
“(1) Maintain records for 3 years of all licensed resellers and all tickets resales in 246
the District on its platform for inspection and upon request by the Department at least annually, 247
including: 248
“(A) The total number of tickets resold by a licensed reseller on its 249
platform; 250
“(B) The original purchase price of each ticket resold by a licensed 251
reseller; and 252
“(C) The final resale price of each ticket resold by a licensed reseller. 253
“(2) Report any unlicensed or non-compliant resellers that sell, offer to sale, or 254
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list tickets to an event being held in the District to the Department. 255
Ҥ 47-2890.05 Penalties and enforcement. 256
“(a) The Department may suspend, revoke, or deny the license of any secondary ticket 257
exchange or reseller found to be in violation of this part and Chapter 55 of Title 28 of the District 258
of Columbia Official Code. 259
“(b) Failure to comply with the requirements of this part shall be an unlawful trade 260
practice under § 28-3904.”. 261
Sec. 4. Applicability. 262
(a) This act shall apply as of January 1, 2027. 263
(b)(1) Amendatory section 28-5506 within section 2 and section 3 shall apply upon 264
the date of inclusion of their fiscal effect in an approved budget and financial plan. 265
(2) The Chief Financial Officer shall certify the date of the inclusion of the 266
fiscal effect in an approved budget and financial plan and provide notice to the Budget 267
Director of the Council of the certification. 268
(3)(A) The Budget Director shall cause the notice of the certification to be 269
published in the District of Columbia Register. 270
(B) The date of publication of the notice of the certification shall not 271
affect the applicability of this act. 272
Sec. 5. Fiscal impact statement. 273
The Council adopts the fiscal impact statement in the committee report as the fiscal 274
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impact statement required by section 4a of the General Legislative Procedures Act of 1975, 275
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 276
Sec. 6. Effective date. 277
This act shall take effect after approval by the Mayor (or in the event of veto by the 278
Mayor, action by the Council to override the veto) and a 30-day period of congressional review 279
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 280
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 281