H.R. 10286: Consumer Affordability and Pricing Concessions Act

This bill would apply to certain publicly funded stadiums with at least 10,000 seats, but it would not cover venues at colleges or universities.

What stadiums would have to do

• When a covered stadium makes contracts or leases for concession services, it would have to try, as much as possible, to include opportunities for small businesses to lease or sublease concession spaces.
• Any concessions sold by a business operating under one of those arrangements would have to be priced at no more than 7% above the local market rate for a comparable item in the nearest metropolitan area.
• The stadium could not charge a fee just for the right to sell concessions to event patrons if the seller is a small business.

What still would be allowed

• The bill says it does not bar agreements that reimburse actual operating costs, utility charges, or equipment purchases or improvements.
• It also does not bar ordinary commercial lease arrangements.

How it would be enforced

• Violations would be treated as an unfair or deceptive act or practice under Federal Trade Commission law.
• The Federal Trade Commission would enforce the rules using its normal authority, powers, and penalties.

Key definitions

• Covered stadium: a publicly funded venue with at least 10,000 seats, excluding higher-education venues.
• Public funding: includes federal grants, subsidies, tax exemptions, tax abatements, and tax-exempt bond financing.
• Concessions: food, as that term is defined in federal food and drug law.
• Market rate: the price of a comparable item in the nearest metropolitan area, as determined by the Office of Management and Budget.

Relevant Companies

• None found