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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 120, 750                 PRINTER'S NO. 1250

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 86 Session of 2007


        INTRODUCED BY TOMLINSON, BOSCOLA, ERICKSON, RHOADES AND GORDNER,
           FEBRUARY 13, 2007

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 27, 2007

                                     AN ACT

     1  Amending the act of May 2, 1947 (P.L.143, No.62), entitled "An
     2     act regulating the sale and resale for profit and the
     3     carrying on of the business of selling or reselling tickets
     4     or other devices for admission to places of amusement;
     5     providing for the licensing of persons reselling such tickets
     6     for profit; providing for the suspension and revocation of
     7     such licenses; imposing duties on licensees and owners or
     8     operators of places of amusement; imposing powers and duties
     9     on the Department of Revenue, county treasurers, district
    10     attorneys, and the receiver of taxes, and city solicitors in
    11     cities of the first class; making disposition of moneys
    12     collected and providing penalties," further providing for
    13     reselling of tickets and for printing prices on tickets.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Sections 2 and 11 of the act of May 2, 1947
    17  (P.L.143, No.62), entitled "An act regulating the sale and
    18  resale for profit and the carrying on of the business of selling
    19  or reselling tickets or other devices for admission to places of
    20  amusement; providing for the licensing of persons reselling such
    21  tickets for profit; providing for the suspension and revocation
    22  of such licenses; imposing duties on licensees and owners or


     1  operators of places of amusement; imposing powers and duties on
     2  the Department of Revenue, county treasurers, district
     3  attorneys, and the receiver of taxes, and city solicitors in
     4  cities of the first class; making disposition of moneys
     5  collected and providing penalties," amended June 29, 1990
     6  (P.L.263, No.62), are amended to read:
     7     Section 2.  Reselling of Tickets; Licenses.--
     8     (a)  [No] Subject to subsection (c), no person shall purchase
     9  with intent to resell, resell or engage in or continue in the
    10  business of reselling any tickets of admission, or any other
    11  evidence of the right of entry to any place of amusement, at a
    12  price higher than the marked ticket price fixed by the owners of
    13  such place of amusement, without having first obtained a license
    14  to so resell or engage in such business from the licensor of the
    15  county or city in which such person intends to conduct such
    16  business as hereinafter provided, and no person shall so resell
    17  or conduct such a business during any period of suspension or
    18  revocation of his license.
    19     (b)  An owner may reserve the right to sell again a ticket in
    20  case of default in payment of the purchase money by the
    21  purchaser.
    22     (c)  The provisions of this act shall neither restrict nor
    23  otherwise apply to, nor shall make illegal, the resale, offering
    24  at resale or purchase of a ticket to any amusement or place of
    25  amusement through an Internet website, to serve as the means
    26  through which resales and purchases can be made. A reseller that
    27  uses the Internet website shall not be required to obtain a
    28  license to resell through the Internet website if the operator
    29  of the Internet website:
    30     (1)  Has a business presence and physical street address in
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     1  this Commonwealth and clearly and conspicuously posts that
     2  address on the Internet website, or has a business presence in
     3  this Commonwealth and one of the following: a registered agent,
     4  a foreign business license or a certificate of authority issued
     5  by the Department of State.
     6     (2)  Guarantees to all purchasers that it will provide, and
     7  in fact provides, a full refund of the amount paid by the
     8  purchaser, including all fees, regardless of how characterized,
     9  if any of the following occur:
    10     (i)  The amusement is canceled. If the amusement is canceled,
    11  reasonable handling and delivery fees need not be refunded as
    12  long as the previously disclosed guarantee specifies that the
    13  fees will not be refunded.
    14     (ii)  The ticket received by the purchaser does not allow the
    15  purchaser to enter the amusement, for reasons including the fact
    16  that the ticket is counterfeit or has been canceled by the
    17  issuer due to nonpayment, unless the ticket is canceled due to
    18  an act or omission by the purchaser.
    19     (iii)  The ticket fails to conform to its description on the
    20  Internet website.
    21     Section 11.  Printing Prices on Tickets.--
    22     The owner of every place of amusement shall, if a price be
    23  charged for admission thereto, cause to be plainly stamped or
    24  printed or written on the face of every ticket to be so used,
    25  the established price. Such owner shall likewise cause to be
    26  plainly stamped, printed or written on the face of each such
    27  ticket the maximum premium, which shall not exceed twenty-five
    28  percent (25%) of the price of the ticket or the sum of five
    29  dollars ($5.00), whichever shall be more, plus lawful taxes, at
    30  which such ticket may be resold or offered for resale, other
    20070S0086B1250                  - 3 -     

     1  than under section 2(c) OR BY TICKET BROKERS DULY LICENSED BY A   <--
     2  CITY OF THE FIRST CLASS AS OF JUNE 1, 2007.
     3     Section 2.  This act shall take effect in 60 days              <--
     4  IMMEDIATELY.                                                      <--


















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