PRINTER'S NO. 990
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
821
Session of
2015
INTRODUCED BY MUSTIO, KILLION, GRELL, MILLARD, STAATS, ROZZI,
DRISCOLL, DIAMOND, METZGAR, COHEN AND DAVIS, MARCH 24, 2015
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MARCH 24, 2015
AN ACT
Amending the act of May 2, 1947 (P.L.143, No.62), entitled "An
act regulating the sale and resale for profit and the
carrying on of the business of selling or reselling tickets
or other devices for admission to places of amusement;
providing for the licensing of persons reselling such tickets
for profit; providing for the suspension and revocation of
such licenses; imposing duties on licensees and owners or
operators of places of amusement; imposing powers and duties
on the Department of Revenue, county treasurers, district
attorneys, and the receiver of taxes, and city solicitors in
cities of the first class; making disposition of moneys
collected and providing penalties," further providing for
definitions, for reselling of tickets and licenses and for
nonassignability and nontransferability; and providing for
paperless tickets.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1(11) of the act of May 2, 1947 (P.L.143,
No.62), entitled "An act regulating the sale and resale for
profit and the carrying on of the business of selling or
reselling tickets or other devices for admission to places of
amusement; providing for the licensing of persons reselling such
tickets for profit; providing for the suspension and revocation
of such licenses; imposing duties on licensees and owners or
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operators of places of amusement; imposing powers and duties on
the Department of Revenue, county treasurers, district
attorneys, and the receiver of taxes, and city solicitors in
cities of the first class; making disposition of moneys
collected and providing penalties," amended June 29, 1990
(P.L.263, No.62), is amended to read:
Section 1. Definitions.--
The following words and phrases when used in this act shall
have the meanings ascribed to them in this section:
* * *
(11) "Ticket." Any evidence of the right of entry to any
amusement or place of amusement at the date and time specified
on the ticket for admission to which a price is charged and
subject to the terms and conditions specified by the owner.
* * *
Section 2. Section 2 of the act is amended by adding
subsections to read:
Section 2. Reselling of Tickets; Licenses.--
* * *
(d) It shall be prohibited for any owner of a place of
amusement, promoter or producer to:
(1) Restrict the resale of tickets included in a
subscription or season ticket package as a condition:
(i) of purchase;
(ii) to retain such tickets for the duration of the
subscription or season ticket package; or
(iii) to retain any privileges that accompany a subscription
or season ticket package, including the right to purchase future
subscriptions or season ticket packages.
(2) Deny access to a place of amusement to a ticket holder
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who possesses a resold ticket to an amusement based solely on
the grounds that the ticket has been resold.
(e) An owner may revoke or restrict subscription or season
tickets based upon violations of venue policies, including an
attempt by two or more persons to gain access to an amusement
with both the canceled tickets issued to a subscription or
season ticket holder and any tickets reissued as part of a
resale transaction. Admission to an amusement may be restricted
or revoked when necessary to ensure the safety of other
attendees or to address fraud or misconduct.
(f) An owner may restrict the resale of tickets offered as
part of a promotion. Any promotionally discounted or free
tickets for which an owner restricts resale must be clearly
marked. Promotionally discounted tickets offered to the general
public, as opposed to a clearly defined group, may not be
restricted for resale.
Section 3. Section 6 heading of the act is amended to read:
Section 6. Non-Assignability; Non-Transferability of
License.--
* * *
Section 4. The act is amended by adding a section to read:
Section 11.2. Paperless Tickets.--(a) An owner may not use
a paperless ticketing system unless a consumer is given the
option to:
(1) Purchase a paperless ticket that is transferrable.
(2) Purchase a paper ticket, e-ticket or other ticket that
is transferrable.
(b) Tickets shall be transferrable independent of an owner,
promoter or producer.
(c) Tickets shall be transferrable without incurring
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additional fees.
Section 5. This act shall take effect in 60 days.
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