[As Amended by House Committee of the
Whole]
Session of 2000
Substitute for HOUSE BILL No. 2653
By Committee on Federal and State Affairs
2-16
11 AN ACT
concerning crimes and punishments; creating the crime of un-
12 lawful sale of tickets
and prescribing the penalty therefor.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. (a) As used in this section:
16 (1) ``Ticket''
means any printed or electronic medium of admission
17 or right of entry to an event.
18 (2) ``Event''
means any musical or theatrical performance, concert,
19 exhibition or sporting athletic contest
open to the general public for which
20 an entry fee is charged and which
is given or held at a place of
21 entertainment.
22 (3) ``Nonprofit
organization'' means a bona fide nonprofit religious,
23 charitable, fraternal, educational or
veterans' organization as such terms
24 are defined in K.S.A. 79-4701, and
amendments thereto.
25 (4) ``Person''
means any individual, firm, corporation, partnership,
26 limited liability company, limited
liability partnership or other entity.
27 (5) ``Place of
entertainment'' means any privately or publicly
owned
28 and operated entertainment
[public or private] facility in this state, such
29 as a theater, stadium, amphitheater,
concert hall, arena, racetrack, mu-
30 seum or amusement park, where
athletic games or contests, concerts,
31 performances or exhibitions are
given or ents are] held and for which
32 an entry fee is charged.
33 (6) ``Resale'' or
``resell'' means any offer to sell or resell, or sale or
34 resale of, a ticket to an event at a price
in excess of the face price thereof,
35 whether in person or by telephone, mail,
delivery service, facsimile, the
36 internet or otherwise.
37 (7) ``Ticket
broker'' means any person registered under section 2, and
38 amendments thereto, who is engaged in the
business of resale of tickets.
39 Such term shall not include an
employee of a ticket broker.
40 (b)
(1) Except as provided by paragraph (2) of this
section [subsec-
41 tion], no person shall resell any
ticket for a price in excess of the price
42 printed on the ticket. If a seller of a
ticket requires, as a precondition of
43 the resale of such ticket, the purchase or
rental of other goods or services
2
1 at a price in excess of the fair
market value of such goods or services, the
2 excess amount shall be deemed to be
part of the purchase price of such
3 ticket.
4 (2) The
provisions of paragraph (1) of this section
shall
5 not apply to:
6 (A) A
nonprofit organization or any person acting on its behalf if
the
7 profit realized from the resale of
tickets is wholly dedicated to the pur-
8 poses of the nonprofit
organization;
9 (B) the
sponsor, promoter, artist or operator of the event;
10 (C) the owner,
operator, lessee or tenant of the place of entertain-
11 ment for the event;
12 (D) an agent of
any person specified in paragraphs (A), (B) or (C) if
13 such agent expressly is authorized to make
sales of tickets for the event,
14 including a seller of a ticket of admission
who, with the consent of the
15 sponsor of such event, collects a
reasonable service charge, in addition to
16 the printed box office ticket price, from
the buyer of a ticket in return
17 for services actually rendered;
18 (E) any travel or
tour agent or operator or other person who offers
19 and resells the ticket as part of a package
of goods and services that
20 includes air or ground transportation,
hotel or other accommodations or
21 meals;
22 (F) the resale of
any ticket if both the buyer and the seller of the
23 ticket are not located in this state at the
time of such resale;
24 (G) any person
not engaged in the business of reselling tickets; or
25 (H) any person
engaged in the business of reselling tickets and who
26 has registered with the secretary of state
as a ticket broker as provided
27 by section 2, and amendments thereto.
28 (c) No
person shall resell a ticket which contains restrictions on
trans-
29 fer in violation of such
restrictions:
30
(1) Within 1,000 feet of the property line of the property on
which
31 is located the place of
entertainment for the event if the place of enter-
32 tainment has a permanent seating
capacity over 5,000 persons, unless the
33 operator of such place of
entertainment has designated an area within
34 such property line for the resale
of tickets by any person; or
35 (2) on
any fully controlled-access highway within five miles of
the
36 place of entertainment for the
event.
37 [(c) (1) Except as
provided by paragraph (2) of this subsection,
38 no person shall resell a ticket to an
event within 1,000 feet of the
39 property line of the property on which
is located the place of en-
40 tertainment for such event or on any
fully controlled-access high-
41 way within five miles of the place of
entertainment for such event.
42 [(2) The
provisions of this subsection shall not apply to the re-
43 sale of tickets to an event held at a
place of entertainment having
3
1 a permanent seating capacity of
5,000 or fewer persons.]
2 (d) The
resale of each ticket in violation of the provisions of this
3 section shall constitute a separate
offense.
4 (e) A
person convicted of violating the provisions of this section
shall
5 be guilty of a class C nonperson
misdemeanor.
6 (f) This
section shall be part of and supplemental to the Kansas crim-
7 inal code.
8 Sec.
2. (a) The words and phrases used in this section shall have
the
9 same meaning as the words and phrases
defined in section 1, and amend-
10 ments thereto.
11 (b) Any person
engaged in the business of reselling tickets shall be
12 registered with the office of the secretary
of state as a ticket broker. An
13 application for registration shall be
submitted on a form provided by the
14 secretary of state and shall be accompanied
by a registration fee.
15 [Nothing in this subsection shall
be construed as requiring em-
16 ployees of a registered ticket broker to
register with the office of
17 the secretary of state.]
18 (c) No person
shall be issued a certificate of registration under this
19 section unless such person submits proof to
the secretary [of state] that
20 such person:
21 (1) Engages in
the resale of tickets on a regular and ongoing
basis
22 from one or more permanent or fixed
locations or places of business
23 within or outside the state of Kansas;
and
24 (2) has not been
convicted of a violation of section 1, and amend-
25 ments thereto, within the twelve-month
period preceding the date of
26 application.
27 (d) Upon
submission of proof, adequate to the secretary of state, that
28 an applicant complies with the provisions
of subsection (c) and upon pay-
29 ment of the fees required by this section,
the secretary [of state] shall
30 issue a certificate of registration to such
applicant.
31 (e) Any person
registered as a ticket broker shall:
32 (1) Display the
certificate of registration issued pursuant to this sec-
33 tion, or a duplicate provided by the
secretary [of state], at all locations
34 within the state of Kansas where such
person engages in the sale of tickets;
35 (2) maintain a
statewide toll-free number for consumer inquiries or
36 complaints; and
37 (3) adopt an
internal code which establishes standards for profes-
38 sional conduct, advocates consumer
protection and includes a standard
39 refund policy.
40 (f) Any
certificate of registration issued pursuant to this section
shall
41 expire one year from the date of
issuance.
42 (g) The fee for
the issuance of a certificate of registration, or any
43 renewal thereof, shall be $100. The fee for
a duplicate certificate shall be
4
1 $10. Fees received pursuant to this
section shall be remitted to the state
2 treasurer at least monthly. Upon
receipt of each such remittance, the
3 state treasurer shall deposit the
entire amount thereof in the state treasury
4 to the credit of the information and
copy service fee fund.
5 Sec. 3. This act
shall take effect and be in force from and after its
6 publication in the statute book.