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| PRIOR PRINTER'S NO. 517 | PRINTER'S NO. 1274 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WHITE, BRENNAN, BROWN, D. COSTA, FABRIZIO, GIBBONS, HORNAMAN, KORTZ, LONGIETTI, MANN, McILVAINE SMITH, MELIO, PALLONE, PASHINSKI, SABATINA, SIPTROTH, K. SMITH, VULAKOVICH AND WALKO, FEBRUARY 18, 2009 |
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| AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 24, 2009 |
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| AN ACT |
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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 | definitions; and providing for ticket purchasing software and |
14 | for penalties. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. The Section 1 of the act of May 2, 1947 (P.L.143, | <-- |
18 | No.62), entitled "An act regulating the sale and resale for |
19 | profit and the carrying on of the business of selling or |
20 | reselling tickets or other devices for admission to places of |
21 | amusement; providing for the licensing of persons reselling such |
22 | tickets for profit; providing for the suspension and revocation |
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1 | of such licenses; imposing duties on licensees and owners or |
2 | operators of places of amusement; imposing powers and duties on |
3 | the Department of Revenue, county treasurers, district |
4 | attorneys, and the receiver of taxes, and city solicitors in |
5 | cities of the first class; making disposition of moneys |
6 | collected and providing penalties," is amended by adding a |
7 | section definition to read: | <-- |
8 | Section 1. Definitions.-- | <-- |
9 | The following words and phrases when used in this act shall |
10 | have the meanings ascribed to them in this section: |
11 | * * * |
12 | (12) "Ticket purchasing software." Computer software used |
13 | to purchase multiple tickets in an automated fashion from an |
14 | Internet website which sells tickets to amusements or places of |
15 | amusement. |
16 | Section 2. The act is amended by adding a section to read: |
17 | Section 12.1. Ticket Purchasing Software; Violation.--(a) |
18 | It is unlawful for any person knowingly to sell, give, possess, |
19 | use or otherwise distribute or possess with the intent to sell, |
20 | give or distribute ticket purchasing software that is primarily | <-- |
21 | designed or produced for the purpose of interfering with the |
22 | operations of any ticket seller that sells, over the Internet, |
23 | tickets of admission to a sporting event, theater, musical |
24 | performance or place of public entertainment or amusement of any |
25 | kind by circumventing any security measures on the ticket |
26 | seller's website, circumventing any access control systems of |
27 | the ticket seller's website or circumventing any controls or |
28 | measures that are instituted by the ticket seller on its website |
29 | to ensure an equitable ticket buying process. |
30 | (b) For purposes of this section, "ticket seller" means any |
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1 | person that has executed a written agreement with the management |
2 | of any venue for a sporting event, theater, musical performance |
3 | or public entertainment or amusement of any kind to sell tickets |
4 | to the event over the Internet. |
5 | (c) Any person who violates this section commits a |
6 | misdemeanor of the third degree. Every acquisition, sale or |
7 | offer for sale constitutes a separate violation. |
8 | (d) The court, in imposing a sentence, shall order |
9 | restitution pursuant to 18 Pa.C.S. § 1106 (relating to |
10 | restitution for injuries to person or property). |
11 | Section 23. This act shall take effect immediately. | <-- |
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