Photo Credit: NIVA
California’s state senate and assembly passed AB 1349 despite the arts communities cautioning that it is no longer the bill they initially supported.
Despite numerous warnings from small businesses and arts communities that California’s “ghost” ticketing bill AB 1349 was no longer the version they initially supported, the state senate and assembly passed it this week. Now, the National Independent Venue Association (NIVA) and other organizations are calling on Governor Gavin Newsom to veto the legislation.
NIVA cautions that the version of the bill that passed “prioritizes predatory resellers and multi-billion-dollar platforms over California fans, small businesses, and nonprofits.” The organization encourages fans, artists, and independent stages to contact Governor Newsom, urging him to veto AB 1349.
“AB 1349 could have been an opportunity to stop the sale of ghost tickets (tickets the person advertising and selling them do not possess) across the state of California, ensuring what happened during the World Cup and what happens every night at independent venues is illegal,” said Stephen Parker, NIVA’s Executive Director.
“Instead, AB 1349 abdicates multibillion-dollar resale platforms like StubHub from true accountability for selling ghost tickets. It puts the small businesses and nonprofits that put on shows every night at risk. And it endangers fans’ economic well-being. Late amendments were adopted to remove danger for billion-dollar sports teams while leaving artists, small businesses, and nonprofits exposed to unfathomable harm. This bill should not become law, and we call upon Governor Newsom to veto it.”
Further, NIVA says that, alongside the independent live entertainment community, it looks forward to working with the governor, assembly, and senate over the next year to come up with a bill that actually and functionally bans ghost tickets in a way that doesn’t threaten fans and independent stages.
Amendments adopted as AB 1349 moved through the legislature fundamentally changed the bill and left independent stages facing potential liability. Even more concerning, California’s professional sports team and multi-billion-dollar resale platforms have now been protected from this liability, while independently owned and operated venues, promoters, and festivals remain exposed—even though they don’t sell ghost or speculative tickets.
AB 1349 now implements four measures that negatively impact independent venues, festivals, and presenters. and promoters. The amended bill creates a private right of action for speculative ticket sales that applies to independent venues, festivals, and presenters, but not resale marketplaces like StubHub, despite their proven record of speculative ticket sales. It also designates venues, festivals, and presenters as “resellers” if they run a presale, a waitlist, or a VIP package—ordinary primary sales, at the price the artist set.
Further, it explicitly exempts resale marketplaces from being classified as speculative ticket sellers, even though every speculative sale occurs on their platforms. The amended bill also strikes the requirement that resale listings show a seat number and row. Disclosure has been a common-sense consumer protection measure designed to inform fans (or enforcers) whether a ticket even exists before money changes hands.
Fans and independent stages can urge Governor Newsom to veto AB 1349.
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