September 3, 2026
Ms. Scholten introduced the following bill; which was referred to the Committee on Energy and Commerce
To require certain publicly funded stadiums to limit the price of concessions sold to patrons, and for other purposes.
Section 1. Short title
This Act may be cited as the Consumer Affordability and Pricing Concessions Act
.
Sec. 2. Rules for covered stadiums
(a) Rules
(1) Requirements
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.
(2) Prohibition
(A) In general
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.
(B) Rule of construction
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.
(b) Enforcement
(1) Unfair or deceptive acts or practices
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.
(2) Powers of the Commission
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.
(c) Definitions
In this section:
(1) Commercial lease
The term commercial lease means a lease, license, sublicense or other agreement for the purpose of renting a space to sell concessions.
(2) Commission
The term Commission means the Federal Trade Commission.
(3) Concessions
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).
(4) Covered stadium
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)).
(5) Market rate
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).
(6) Public funding
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.
(7) Small business
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).