Reselling tickets is legal in California. There is no state cap on how much above face value you can charge, and a 2024 law (Assembly Bill 8) bars the original seller from blocking resale through transfer restrictions, even for season or subscription tickets.1California Legislative Information. California AB 8 – Ticket Sellers Two situations flip that answer: selling above face value on the venue’s grounds is a misdemeanor, and reselling a ticket that was originally distributed for free is illegal at any price.
When Resale Crosses Into Illegal Territory
Under Penal Code Section 346, it is a misdemeanor to sell a ticket for more than its printed face value on the grounds of the venue, including stadiums, arenas, theaters, parking areas, and entry points, unless the property owner or operator has given written permission.2California Legislative Information. California Penal Code 346 Two things have to line up for the law to apply: you’re physically on the venue’s property, and you’re charging above face value. Selling at or below face value on-site is fine. Selling above face value off-site (online, through a resale platform, from home) is also fine under this section.
The other bright line is free tickets. If a ticket was originally distributed to the public at no charge and access wasn’t tied to any payment, reselling it is illegal regardless of what you charge.1California Legislative Information. California AB 8 – Ticket Sellers
Your Right to Resell Despite Platform Restrictions
Many ticketing companies bury transfer restrictions in their terms, locking tickets to the original buyer’s account. California overrides that. AB 8 prohibits a primary contractor (the original seller or promoter) from restricting resale by any means, and the protection extends to tickets bought as part of a subscription or season package.1California Legislative Information. California AB 8 – Ticket Sellers If you bought the ticket, you can resell it.
Is There a Price Cap on Resale?
No. California currently sets no ceiling on resale price. You can list a ticket for well above what you paid, provided you’re not selling on venue grounds and provided the ticket wasn’t originally free.
One pending bill, the California Fans First Act (AB 1720) introduced in February 2026, would cap resale prices at 10% above face value for non-sporting events. It is a proposal only and is not law.
Rules That Apply If You Sell Regularly
California treats resale as a business activity once you’re operating at any real scale, and the requirements below apply to anyone selling tickets as a business, including professional resellers and platforms.3California Legislative Information. California Business and Professions Code 22500 Casual sellers who unload six or fewer tickets to a single event, and do so away from the venue, are exempt from most of these requirements (but still cannot use bots or resell free tickets).4California Legislative Information. California Business and Professions Code 22500-22504 – Ticket Sellers
All-In Pricing
You cannot advertise, display, or offer a ticket without including every fee the buyer will have to pay, aside from government taxes. If you break out service charges or surcharges separately, they cannot appear in the same size or larger than the ticket price, and they cannot mislead.4California Legislative Information. California Business and Professions Code 22500-22504 – Ticket Sellers Once a buyer selects a ticket, you cannot raise the total. The only additions permitted after selection are government-imposed taxes.1California Legislative Information. California AB 8 – Ticket Sellers
Seat Location and Refund Link
Before a sale is completed, you have to disclose the seat location by description or map, and provide a link to a webpage explaining your refund policy under Section 22509.4California Legislative Information. California Business and Professions Code 22500-22504 – Ticket Sellers
Business Address
Business sellers must maintain a permanent business address, include it in advertising, and hold any local licenses that apply.3California Legislative Information. California Business and Professions Code 22500
Refunds When an Event Is Cancelled or Postponed
If you’re selling and the event is cancelled, you must issue a full refund within 30 calendar days. The buyer does not have to ask. This applies to both primary and secondary sellers.5California Legislative Information. California Business and Professions Code 22509 – Ticket Sellers
Postponed or rescheduled events work slightly differently. The buyer can request a full refund, and the primary contractor must process it within 30 days of the request. A rescheduled event includes situations where a recurring event drops one date and offers a substitute date for the same event.5California Legislative Information. California Business and Professions Code 22509 – Ticket Sellers
No Bots
Using or selling software that circumvents a ticket seller’s security measures or access controls designed to ensure a fair buying process is a misdemeanor under California law.6California Legislative Information. California Business and Professions Code 22500-22511 – Ticket Sellers The federal Better Online Ticket Sales (BOTS) Act separately prohibits circumventing those controls and bans reselling tickets you knew (or should have known) were bought that way, for events at venues seating more than 200 people.7Federal Trade Commission. Better Online Ticket Sales Act Even one-off resellers are subject to these rules; the small-volume exemption does not cover bot use.
Penalties
Violating the business address and licensing requirements is a misdemeanor punishable by up to six months in county jail, a fine of up to $2,500, or both. On the civil side, the Attorney General, a district attorney, or certain city attorneys can seek civil penalties of up to $2,500 per violation, and each ticket sold in violation counts separately. The civil penalties stack on top of any criminal ones.3California Legislative Information. California Business and Professions Code 22500 On-premises scalping above face value is a misdemeanor under Penal Code 346.2California Legislative Information. California Penal Code 346
Taxes on Resale Profit
Profit from reselling tickets is taxable income whether or not a platform sends you a 1099-K. Online platforms and payment apps are currently required to report to the IRS on Form 1099-K when you exceed $20,000 in gross payments across more than 200 transactions in a calendar year, though the IRS has announced plans to lower that threshold and repeatedly delayed implementation.8Internal Revenue Service. Understanding Your Form 1099-K Below the threshold, you still owe tax on the profit, which is what you sold for minus what you paid and minus fees. If you sold at a loss, you generally don’t owe tax on that transaction, but keep records of the original purchase price and any platform fees in case a 1099-K arrives.
If You Were the Buyer and Something Went Wrong
Report disclosure, pricing, or refund violations to the California Attorney General’s Office through their online complaint form. The AG handles complaints against businesses that aren’t regulated by a separate state agency, and recommends contacting your local district attorney or city attorney directly when the conduct looks like fraud or a criminal violation.9California Department of Justice. Protecting Consumers Federal BOTS Act complaints go to the FTC. Save screenshots of pricing at each step, confirmation emails, and any messages with the seller. That’s the material enforcement agencies can act on.