PRINTER'S NO. 1427
No. 1155 Session of 1989
INTRODUCED BY SHAFFER, JULY 7, 1989
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JULY 7, 1989
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 defining terms;
13 extending the provisions of the act; providing exceptions
14 penalties; and imposing a surcharge.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 1 and 2 of the act of May 2, 1947
18 (P.L.142, No.62), entitled "An act regulating the sale and
19 resale for profit and the carrying on of the business of selling
20 or 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
23 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," is amended to read:
6 Section 1. Definitions.--
7 The following words and phrases when used in this act shall
8 have the meanings ascribed to them in this section:
9 (1) "Amusement." All manner and forms of entertainment
10 including among others theatrical or operatic performances,
11 concerts, moving picture shows, vaudeville, circus, carnival and
12 side shows; all forms of entertainment at fair grounds, and
13 amusement parks, athletic contests, including wrestling matches,
14 boxing and sparring exhibitions, football and baseball games,
15 skating, golfing, tennis, hockey, bathing, swimming, archery,
16 shooting, riding, dancing and all other forms of diversion,
17 sport, recreation or pastime, shows, exhibitions, contests,
18 displays and games;
19 (2) "City." Any city [of the first class] within this
20 Commonwealth.
21 (3) "Department."--The Department of Revenue of the
22 Commonwealth of Pennsylvania;
23 (4) "Established Price." The price fixed by the owner of any
24 place of amusement for admission thereto, which must be stamped,
25 printed or written on each ticket of admission;
26 (5) "Licensor." The county treasurer of each county of the
27 second, third, fourth, fifth, sixth, seventh and eighth class,
28 and the receiver of taxes in each city of the first class;
29 (6) "Owner." Any person or corporation who owns, operates or
30 controls a place of amusement or who promotes or produces an
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1 amusement, or any person or corporation who promotes or produces
2 an amusement with the written contractual consent of the owner
3 or operator of an amusement;
4 (7) "Place of Amusement." Any place indoors or outdoors
5 where the general public or a limited or selected number thereof
6 may upon payment of an established price attend or engage in any
7 amusement as herein defined, including among others theatres,
8 opera houses, moving picture houses, amusement parks, stadiums,
9 arenas, baseball parks, skating rinks, circus or carnival tents
10 or grounds, fair grounds, social, sporting, athletic, riding,
11 gun and country clubs, riding academies, golf courses, bathing
12 and swimming places, dance halls, tennis courts, archery, rifle
13 or shotgun ranges, roof gardens, cabarets, nightclubs and other
14 like places;
15 (8) "Resale." The act of selling any ticket of admission by
16 one party to another after an original sale to a party by an
17 owner or an agent of an owner.
18 [(8)] (9) "Ticket." Any evidence of the right of entry to
19 any amusement or place of amusement for admission to which a
20 price is charged.
21 Section 2. Reselling of Tickets; Licenses.--
22 (a) No person shall resell or engage in or continue in the
23 business of reselling any tickets of admission, or any other
24 evidence of the right of entry to any place of amusement, at a
25 price higher than the [established] marked ticket price fixed by
26 the owners of such place of amusement, without having first
27 obtained a license to so resell or engage in such business from
28 the licensor of the county or city in which such person intends
29 to conduct such business as hereinafter provided, and no person
30 shall so resell or conduct such a business during any period of
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1 suspension or revocation of his license.
2 (b) An owner may reserve the right to sell again a ticket in
3 case of default in payment of the purchase money by the
4 purchaser.
5 Section 2. Section 11 of the act, amended December 12, 1984
6 (P.L.971, No.191), is amended to read:
7 Section 11. Printing Prices on Tickets.--[(a)]
8 The owner of every place of amusement shall, if a price be
9 charged for admission thereto, cause to be plainly stamped or
10 printed or written on the face of every ticket to be so used,
11 the established price. Such owner shall likewise cause to be
12 plainly stamped, printed or written on the face of each such
13 ticket the maximum premium, which shall not exceed [one-half]
14 twenty-five percent (25%) of the price of the ticket or the sum
15 of [two dollars ($2.00)] five dollars ($5.00) whichever shall be
16 less, plus lawful taxes, at which such ticket may be resold or
17 offered for resale. [The provisions of this subsection relating
18 to ticket premiums shall not apply to cities of the first
19 class.]
20 [(b) In cities of the first class, the maximum premium shall
21 not exceed twenty-five percent (25%) of the price of the ticket
22 or the sum of five dollars ($5.00), whichever shall be more,
23 plus lawful taxes, at which such ticket may be resold or offered
24 for resale.]
25 Section 3. Sections 12 and 13 of the act are amended to
26 read:
27 Section 12. Resale; Violation.--
28 It shall be unlawful for any person to purchase with intent
29 to resell, to resell or to offer to resell any such ticket at
30 any price in excess of such maximum premium, plus the
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1 established price and lawful taxes as stamped, printed or
2 written thereon.
3 Section 13. Penalties.--
4 (a) Every person who violates any provision of this act
5 shall upon summary conviction thereof for the first offense be
6 sentenced to pay a fine of not more than [one hundred dollars
7 ($100)] five hundred dollars ($500) and costs of prosecution,
8 and in default of payment thereof shall undergo imprisonment for
9 thirty (30) days; and for a second or subsequent offense shall
10 be guilty of a misdemeanor of the second degree and upon
11 conviction thereof shall be sentenced to pay a fine not to
12 exceed [one thousand dollars ($1,000)] five thousand dollars
13 ($5,000), or to undergo imprisonment for a period not to exceed
14 two (2) years, or both. If the violation shall be by a
15 corporation, partnership or association, the officers and
16 directors of such corporation, or the members of such
17 partnership or association, its agents and employes, with guilty
18 knowledge of the fact, shall be guilty and upon conviction shall
19 be punished as herein before provided.
20 (b) The right of the licensor to suspend and revoke licenses
21 granted and issued under this act shall be in addition to the
22 penalties set forth in this section.
23 (c) Upon conviction of a violation of any provision of this
24 act, the sentencing court shall impose upon and collect from the
25 defendant a surcharge of fifty dollars ($50) in addition to and
26 independent of any fine and cost imposed upon the defendant. The
27 surcharge shall be paid into the city or county treasury for
28 purposes of assisting in enforcement of this act.
29 Section 4. This act shall take effect in 60 days.
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