HOUSE AMENDED PRIOR PRINTER'S NOS. 120, 750 PRINTER'S NO. 1250
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 20070S0086B1250 - 2 -
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. <-- L8L04MSP/20070S0086B1250 - 4 -