Following the late-night passage of California Assembly Bill 1349 (AB 1349), the National Independent Venue Association (NIVA) is calling on Governor Gavin Newsom to veto the legislation.
What began as a landmark effort to ban speculative 'ghost' ticket sales was altered in final legislative sessions, creating major loopholes that NIVA says protect multi-billion-dollar resale platforms while shifting more legal liability onto independent venues, artists, and fans.
How Last-Minute Amendments Altered AB 1349
The amendments came after StubHub led a $3 million lobbying effort.
AB 1349 was originally championed by independent music advocates to outlaw ghost ticketing - the predatory practice where secondary sellers list and sell tickets they do not actually own.
However, as the bill moved through the California State Senate and Assembly ahead of this week's session deadline, last-minute amendments fundamentally reshaped the text.
Ticket resale marketplaces like StubHub secured exemptions, while small businesses, nonprofit stages, and independent promoters were left exposed to legal exposure for standard primary sales practices, according to NIVA.
“AB 1349 could have been an opportunity to stop the sale of ghost tickets 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.”
4 Ways NIVA Says AB 1349 Hurts Fans and Independent Stages
NIVA outlined four dangers embedded in the final version of AB 1349 passed by the state legislature:
- Exposes Indie Stages to Lawsuits: Creates a private right of action for speculative ticket sales that targets independent venues, festivals, and presenters, while shielding the secondary marketplaces where ghost tickets are actually listed and sold.
- Reclassifies Standard Primary Sales as "Resale": Designates primary venues and promoters as "resellers" simply for running routine fan presales, waitlists, or VIP packages - even though these are face-value primary sales set directly by the artist.
- Gives Secondary Marketplaces a Free Pass: Explicitly exempts corporate ticket resale marketplaces like StubHub from being classified as speculative ticket sellers, despite their track record of hosting unverified listings.
- Strips Away Consumer Transparency: Removes the legal requirement that secondary listings display seat and row numbers, eliminating a crucial consumer protection that lets fans confirm a ticket exists before buying.
An Industry Call to Action
NIVA, along with a coalition of artists, independent stages, and live music supporters, is mobilizing fans and venue operators to contact Governor Newsom immediately to request a formal veto.
The advocacy group emphasized that it remains committed to working with California lawmakers in the upcoming legislative session to pass genuine anti-speculative ticketing reform that holds secondary platforms accountable without penalizing local live music ecosystems.
NIVA is asking venues, fans and the industry to send Governor Newsom a message to veto AB 1349 here.
