Consumer Protection Committee
Filed: 3/1/2005
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1 | AMENDMENT TO HOUSE BILL 873
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2 | AMENDMENT NO. ______. Amend House Bill 873 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Ticket Scalping Act is amended by changing | ||||||
5 | Sections 0.01, 1, and 1.5 as follows:
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6 | (720 ILCS 375/0.01) (from Ch. 121 1/2, par. 157.30)
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7 | Sec. 0.01. Short title. This Act may be cited as the
Ticket | ||||||
8 | Sale and Resale
Scalping Act.
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9 | (Source: P.A. 86-1324.)
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10 | (720 ILCS 375/1) (from Ch. 121 1/2, par. 157.31)
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11 | Sec. 1. Sale of tickets other than at box office | ||||||
12 | prohibited; exceptions.
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13 | (a) It is unlawful for any person, firm or corporation, | ||||||
14 | owner, lessee,
manager, trustee, or any of their employees or | ||||||
15 | agents, owning, conducting,
managing or operating any theater, | ||||||
16 | circus, baseball park, place of public
entertainment or | ||||||
17 | amusement where tickets of admission are sold for any such
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18 | places of amusement or public entertainment to sell or permit | ||||||
19 | the sale,
barter or exchange of such admission tickets at any | ||||||
20 | other place than in the
box office or on the premises of such | ||||||
21 | theater, circus, baseball park, place
of public entertainment | ||||||
22 | or amusement, but nothing herein prevents such
theater, circus, | ||||||
23 | baseball park, place of public entertainment or amusement
from |
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1 | placing any of its admission tickets for sale at any other | ||||||
2 | place at
the same price such admission tickets are sold by such | ||||||
3 | theater, circus,
baseball park or other place of public | ||||||
4 | entertainment or amusement at its
box office or on the premises | ||||||
5 | of such places, at the same advertised price
or printed rate | ||||||
6 | thereof. | ||||||
7 | (b) Any term or condition of the original sale of a ticket | ||||||
8 | to any theater, circus, baseball park, or place of public | ||||||
9 | entertainment or amusement where tickets of admission are sold | ||||||
10 | that purports to limit the terms or conditions of resale of the | ||||||
11 | ticket (including but not limited to the resale price of the | ||||||
12 | ticket) shall be unenforceable, null, and void, if the resale | ||||||
13 | transaction is carried out by any of the means set forth in | ||||||
14 | subsections (b), (c), (d), and (e) of Section 1.5 of this Act.
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15 | (Source: Laws 1923, p. 322.)
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16 | (720 ILCS 375/1.5) (from Ch. 121 1/2, par. 157.32)
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17 | Sec. 1.5. Sale of tickets at more than face value | ||||||
18 | prohibited; exceptions.
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19 | (a) Except as otherwise provided in subsections (b), (c), | ||||||
20 | (d), and (e)
subsection
(b) of this Section and in Section 4, | ||||||
21 | it is unlawful for any person,
persons, firm or corporation to | ||||||
22 | sell tickets for baseball games, football
games, hockey games, | ||||||
23 | theatre entertainments, or any other amusement for a
price more | ||||||
24 | than the price printed upon the face of said ticket, and the
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25 | price of said ticket shall correspond with the same price shown | ||||||
26 | at the box
office or the office of original distribution.
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27 | (b) This Act does not apply to the sale of tickets of | ||||||
28 | admission to a
sporting event, theater, musical performance, or | ||||||
29 | place of public
entertainment or amusement of any kind for a | ||||||
30 | price in excess of the printed
box office ticket price by a | ||||||
31 | ticket broker who meets all of the following
requirements:
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32 | (1) The ticket broker is duly registered with the | ||||||
33 | Office of the
Secretary of State on a registration form |
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1 | provided by that Office. The
registration must contain a | ||||||
2 | certification that the ticket broker:
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3 | (A) engages in the resale of tickets on a regular
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4 | and ongoing basis from one or more permanent or fixed | ||||||
5 | locations located
within
this State;
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6 | (B) maintains as the principal business activity | ||||||
7 | at those locations
the resale of tickets;
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8 | (C) displays at those locations the ticket | ||||||
9 | broker's registration;
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10 | (D) maintains at those locations a listing of the | ||||||
11 | names and addresses of
all persons employed by the | ||||||
12 | ticket broker;
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13 | (E) is in compliance with all applicable federal, | ||||||
14 | State, and local laws
relating to its ticket selling | ||||||
15 | activities, and that neither the ticket broker
nor any | ||||||
16 | of its employees within the preceding 12 months have | ||||||
17 | been convicted of
a violation of this Act; and
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18 | (F) that the ticket broker meets the following | ||||||
19 | requirements:
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20 | (i) maintains a statewide toll free number for | ||||||
21 | consumer complaints and
inquiries;
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22 | (ii) has adopted a code that advocates | ||||||
23 | consumer protection that
includes, at a minimum:
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24 | (a-1) consumer protection guidelines;
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25 | (b-1) a standard refund policy; and
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26 | (c-1) standards of professional conduct;
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27 | (iii) has adopted a procedure for the binding | ||||||
28 | resolution of consumer
complaints by an | ||||||
29 | independent, disinterested third party; and
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30 | (iv) has established and maintains a consumer | ||||||
31 | protection rebate fund
in an amount in excess of | ||||||
32 | $100,000, at least 50% of which must be cash
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33 | available for immediate disbursement for | ||||||
34 | satisfaction of valid consumer
complaints.
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1 | Alternatively, the ticket broker may fulfill the | ||||||
2 | requirements of
subparagraph (F) of this subsection | ||||||
3 | (b) if the ticket broker certifies that he
or she | ||||||
4 | belongs to a professional association
organized under | ||||||
5 | the laws of this State, or organized under the laws of
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6 | any
other state and authorized to conduct business in | ||||||
7 | Illinois, that has been in
existence for at least 3 | ||||||
8 | years prior to the date of that broker's registration
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9 | with the Office of the Secretary of State, and is | ||||||
10 | specifically
dedicated, for and on behalf of its | ||||||
11 | members, to provide and
maintain the consumer | ||||||
12 | protection requirements of subparagraph (F) of | ||||||
13 | subsection
(b) to maintain the integrity of the ticket | ||||||
14 | brokerage industry.
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15 | (2) (Blank).
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16 | (3) The ticket broker and his employees must not engage | ||||||
17 | in the
practice of selling, or attempting to sell, tickets | ||||||
18 | for any event while
sitting or standing near the facility | ||||||
19 | at which the event is to be held or
is being held.
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20 | (4) The ticket broker must comply with all requirements | ||||||
21 | of the
Retailers' Occupation Tax Act and all other | ||||||
22 | applicable federal, State and
local laws in connection with | ||||||
23 | his ticket selling activities.
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24 | (5) Beginning January 1, 1996, no ticket broker shall | ||||||
25 | advertise for
resale any tickets within this State unless | ||||||
26 | the advertisement contains the
name of the ticket broker | ||||||
27 | and the Illinois registration number issued by the
Office | ||||||
28 | of the Secretary of State under this Section.
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29 | (6) Each ticket broker registered under this Act shall | ||||||
30 | pay an annual
registration fee of $100. | ||||||
31 | (c) This Act does not apply to the sale of tickets of | ||||||
32 | admission to a sporting event, theater, musical performance, or | ||||||
33 | place of public entertainment or amusement of any kind for a | ||||||
34 | price in excess of the printed box office ticket price by a |
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1 | seller engaged in interstate or intrastate commerce on an | ||||||
2 | Internet auction listing service duly registered with the | ||||||
3 | Department of Financial and Professional Regulation under the | ||||||
4 | Auction License Act. This subsection (c) applies to both sales | ||||||
5 | through an online bid submission process and to sales at a | ||||||
6 | fixed price on the same website or interactive computer service | ||||||
7 | as an Internet auction listing service registered with the | ||||||
8 | Department of Financial and Professional Regulation. | ||||||
9 | This subsection (c) applies to sales described in this | ||||||
10 | subsection so long as the operator of the Internet auction | ||||||
11 | listing service duly registered with the Department of | ||||||
12 | Financial and Professional Regulation under the Auction | ||||||
13 | License Act: | ||||||
14 | (1) Guarantees to all purchasers that it will provide | ||||||
15 | and in fact provides a full refund of the amount paid by | ||||||
16 | the purchaser (including, but not limited to, all fees, | ||||||
17 | regardless of how characterized) if any of the following | ||||||
18 | occurs: | ||||||
19 | (A) the ticketed event is cancelled; provided, | ||||||
20 | that if the event is cancelled then reasonable handling | ||||||
21 | and delivery fees need not be refunded as long as such | ||||||
22 | previously disclosed guarantee specifies that such | ||||||
23 | fees will not be refunded, and also provided that the | ||||||
24 | purchaser returns the tickets to the seller or Internet | ||||||
25 | auction listing service; | ||||||
26 | (B) the ticket received by the purchaser does not | ||||||
27 | allow the purchaser to enter the ticketed event for | ||||||
28 | reasons that may include, without limitation, that the | ||||||
29 | ticket is counterfeit or that the ticket has been | ||||||
30 | cancelled by the issuer due to non-payment, unless the | ||||||
31 | ticket is cancelled due to an act or omission by such | ||||||
32 | purchaser; or | ||||||
33 | (C) the ticket fails to conform to its description | ||||||
34 | on the Internet auction listing service. |
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1 | (2) Publishes a written notice on the Internet Auction | ||||||
2 | listing service after the sale of one or more tickets that | ||||||
3 | automatically informs the ticket seller of their potential | ||||||
4 | legal obligation to comply with any applicable local | ||||||
5 | amusement tax in connection with the seller's sale of | ||||||
6 | tickets. | ||||||
7 | (d) This Act does not apply to the sale of tickets of | ||||||
8 | admission to a sporting event, theater, musical performance, or | ||||||
9 | place of public entertainment or amusement of any kind for a | ||||||
10 | price in excess of the printed box office ticket price | ||||||
11 | conducted at an auction at solely by or for a not-for-profit | ||||||
12 | organization for charitable purposes under clause (a)(1) of | ||||||
13 | Section 10-1 of the Auction License Act. | ||||||
14 | (e) This Act does not prohibit the resale of a ticket for | ||||||
15 | admission to a baseball game, football game, hockey game, | ||||||
16 | theatre entertainment, or any other amusement for a price more | ||||||
17 | than the price printed on the face of the ticket and for more | ||||||
18 | than the price of the ticket at the box office if the resale is | ||||||
19 | made through an Internet website: | ||||||
20 | (1) whose operator has a business presence and physical | ||||||
21 | street address in the State of Illinois and clearly and | ||||||
22 | conspicuously posts that address on the website; and | ||||||
23 | (2) whose operator guarantees to all purchasers that it | ||||||
24 | will provide and in fact provides a full refund of the | ||||||
25 | amount paid by the purchaser (including, but not limited | ||||||
26 | to, all fees, regardless of how characterized) if any of | ||||||
27 | the following occurs: | ||||||
28 | (A) the ticketed event is cancelled; provided, | ||||||
29 | that if the event is cancelled then reasonable handling | ||||||
30 | and delivery fees need not be refunded as long as such | ||||||
31 | previously disclosed guarantee specifies that such | ||||||
32 | fees will not be refunded, and also provided that the | ||||||
33 | purchaser returns the tickets to the website operator; | ||||||
34 | (B) the ticket received by the purchaser does not |
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1 | allow the purchaser to enter the ticketed event for | ||||||
2 | reasons that may include, without limitation, that the | ||||||
3 | ticket is counterfeit or that the ticket has been | ||||||
4 | cancelled by the issuer due to non-payment, unless the | ||||||
5 | ticket is cancelled due to an act or omission by such | ||||||
6 | purchaser; or | ||||||
7 | (C) the ticket fails to conform to its description | ||||||
8 | on the website. | ||||||
9 | Nothing is this subsection (e) shall be deemed to imply any | ||||||
10 | limitation on ticket sales made pursuant and in accordance with | ||||||
11 | subsections (b), (c), and (d) of this Section and any | ||||||
12 | limitation on sales made pursuant to and in accordance with | ||||||
13 | Section 4.
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14 | The provisions of Public Act 89-406
this amendatory Act of | ||||||
15 | 1995 are severable under Section
1.31 of the Statute on | ||||||
16 | Statutes.
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17 | (Source: P.A. 89-406, eff. 11-15-95.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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