Consumer Affordability and Pricing Concessions Act

A covered stadium shall—

(A) for any commercial lease with respect to the covered stadium, to the extent possible, ensure that any contract for concessions services encourages a provider of concessions services to make available to small businesses concessions locations for lease or sublicense; and

(B) for any concessions sold or offered for sale at the covered stadium by an entity pursuant to a lease described in subparagraph (A), ensure the price of such concessions is not more than 7 percent higher than market rate.

A covered stadium, with respect to a small business, may not charge a fee for the right to sell or offer for sale any concessions to a patron who attends an event at the covered stadium.

Nothing in subparagraph (A) may be construed to prohibit any agreement with respect to—

(i) the reimbursement of actual operating costs, utility charges, or equipment purchases or improvements; or

(ii) a commercial lease.

A violation of subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

The Commission shall enforce subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section, and any person who violates such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

In this section:

The term commercial lease means a lease, license, sublicense or other agreement for the purpose of renting a space to sell concessions.

The term Commission means the Federal Trade Commission.

The term concessions has the same meaning given the term food in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

The term covered stadium —

(A) means a venue that—

(i) receives public funding; and

(ii) has a capacity of at least 10,000 seats; and

(B) does not include any venue at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

The term market rate, with respect to a good or service sold or offered for sale, means the price of a comparable good or service sold or offered for sale in the nearest metropolitan area (as determined by the Office of Management and Budget).

The term public funding includes the following:

(A) A Federal grant.

(B) A Federal subsidy.

(C) A tax exemption.

(D) A tax abatement.

(E) A tax-exempt bond issuance.

The term small business has the meaning given the term small business concern in section 3 of the Small Business Act (15 U.S.C. 632).