Full Text of SB3004 93rd General Assembly
SB3004 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3004
Introduced 2/6/2004, by Don Harmon SYNOPSIS AS INTRODUCED: |
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720 ILCS 375/1 |
from Ch. 121 1/2, par. 157.31 |
720 ILCS 375/1.5 |
from Ch. 121 1/2, par. 157.32 |
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Amends the Ticket Scalping Act. Provides that any term or condition of the original sale of a ticket to any theater, circus, baseball park, or place of public entertainment or amusement where tickets of admission are sold that purports to limit the terms or conditions of resale of the ticket (including but not limited to the resale price of the ticket) shall be unenforceable, null, and void, if the resale transaction is carried out under certain specified conditions. Provides that the Act does not apply to the sale of tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind for a price in excess of the printed box office ticket price by a seller engaged in interstate or intrastate commerce on an Internet Auction Listing Service duly registered with the Illinois Office of Banks and Real Estate under the Auction License Act. Provides that the Act does not apply to the sale of tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind for a price in excess of the printed box office ticket price conducted at an auction solely by or for a not-for-profit organization for charitable purposes.
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A BILL FOR
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SB3004 |
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LRB093 21069 RLC 47100 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Ticket Scalping Act is amended by changing | 5 |
| Sections 1 and 1.5 as follows:
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| (720 ILCS 375/1) (from Ch. 121 1/2, par. 157.31)
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| Sec. 1. Sale of tickets other than at box office | 8 |
| prohibited; exceptions.
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| (a) It is unlawful for any person, firm or corporation, | 10 |
| owner, lessee,
manager, trustee, or any of their employees or | 11 |
| agents, owning, conducting,
managing or operating any theater, | 12 |
| circus, baseball park, place of public
entertainment or | 13 |
| amusement where tickets of admission are sold for any such
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| places of amusement or public entertainment to sell or permit | 15 |
| the sale,
barter or exchange of such admission tickets at any | 16 |
| other place than in the
box office or on the premises of such | 17 |
| theater, circus, baseball park, place
of public entertainment | 18 |
| or amusement, but nothing herein prevents such
theater, circus, | 19 |
| baseball park, place of public entertainment or amusement
from | 20 |
| placing any of its admission tickets for sale at any other | 21 |
| place at
the same price such admission tickets are sold by such | 22 |
| theater, circus,
baseball park or other place of public | 23 |
| entertainment or amusement at its
box office or on the premises | 24 |
| of such places, at the same advertised price
or printed rate | 25 |
| thereof.
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| (b) Any term or condition of the original sale of a ticket | 27 |
| to any theater, circus, baseball park, or place of public | 28 |
| entertainment or amusement where tickets of admission are sold | 29 |
| that purports to limit the terms or conditions of resale of the | 30 |
| ticket (including but not limited to the resale price of the | 31 |
| ticket) shall be unenforceable, null, and void, if the resale | 32 |
| transaction is carried out by the means set forth in Section |
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LRB093 21069 RLC 47100 b |
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| 1.5 of this Act.
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| (Source: Laws 1923, p. 322.)
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| (720 ILCS 375/1.5) (from Ch. 121 1/2, par. 157.32)
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| Sec. 1.5. Selling tickets for a price more than face value; | 5 |
| exceptions.
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| (a) Except as otherwise provided in subsections
subsection
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| (b) , (c), and (d) of this Section and in Section 4, it is | 8 |
| unlawful for any person,
persons, firm or corporation to sell | 9 |
| tickets for baseball games, football
games, hockey games, | 10 |
| theatre entertainments, or any other amusement for a
price more | 11 |
| than the price printed upon the face of said ticket, and the
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| price of said ticket shall correspond with the same price shown | 13 |
| at the box
office or the office of original distribution.
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| (b) This Act does not apply to the sale of tickets of | 15 |
| admission to a
sporting event, theater, musical performance, or | 16 |
| place of public
entertainment or amusement of any kind for a | 17 |
| price in excess of the printed
box office ticket price by a | 18 |
| ticket broker who meets all of the following
requirements:
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| (1) The ticket broker is duly registered with the | 20 |
| Office of the
Secretary of State on a registration form | 21 |
| provided by that Office. The
registration must contain a | 22 |
| certification that the ticket broker:
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| (A) engages in the resale of tickets on a regular
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| and ongoing basis from one or more permanent or fixed | 25 |
| locations located
within
this State;
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| (B) maintains as the principal business activity | 27 |
| at those locations
the resale of tickets;
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| (C) displays at those locations the ticket | 29 |
| broker's registration;
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| (D) maintains at those locations a listing of the | 31 |
| names and addresses of
all persons employed by the | 32 |
| ticket broker;
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| (E) is in compliance with all applicable federal, | 34 |
| State, and local laws
relating to its ticket selling | 35 |
| activities, and that neither the ticket broker
nor any |
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| of its employees within the preceding 12 months have | 2 |
| been convicted of
a violation of this Act; and
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| (F) that the ticket broker meets the following | 4 |
| requirements:
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| (i) maintains a statewide toll free number for | 6 |
| consumer complaints and
inquiries;
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| (ii) has adopted a code that advocates | 8 |
| consumer protection that
includes, at a minimum:
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| (a-1) consumer protection guidelines;
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| (b-1) a standard refund policy; and
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| (c-1) standards of professional conduct;
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| (iii) has adopted a procedure for the binding | 13 |
| resolution of consumer
complaints by an | 14 |
| independent, disinterested third party; and
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| (iv) has established and maintains a consumer | 16 |
| protection rebate fund
in an amount in excess of | 17 |
| $100,000, at least 50% of which must be cash
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| available for immediate disbursement for | 19 |
| satisfaction of valid consumer
complaints.
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| Alternatively, the ticket broker may fulfill the | 21 |
| requirements of
subparagraph (F) of this subsection | 22 |
| (b) if the ticket broker certifies that he
or she | 23 |
| belongs to a professional association
organized under | 24 |
| the laws of this State, or organized under the laws of
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| any
other state and authorized to conduct business in | 26 |
| Illinois, that has been in
existence for at least 3 | 27 |
| years prior to the date of that broker's registration
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| with the Office of the Secretary of State, and is | 29 |
| specifically
dedicated, for and on behalf of its | 30 |
| members, to provide and
maintain the consumer | 31 |
| protection requirements of subparagraph (F) of | 32 |
| subsection
(b) to maintain the integrity of the ticket | 33 |
| brokerage industry.
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| (2) (Blank).
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| (3) The ticket broker and his employees must not engage | 36 |
| in the
practice of selling, or attempting to sell, tickets |
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| for any event while
sitting or standing near the facility | 2 |
| at which the event is to be held or
is being held.
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| (4) The ticket broker must comply with all requirements | 4 |
| of the
Retailers' Occupation Tax Act and all other | 5 |
| applicable federal, State and
local laws in connection with | 6 |
| his ticket selling activities.
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| (5) Beginning January 1, 1996, no ticket broker shall | 8 |
| advertise for
resale any tickets within this State unless | 9 |
| the advertisement contains the
name of the ticket broker | 10 |
| and the Illinois registration number issued by the
Office | 11 |
| of the Secretary of State under this Section.
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| (6) Each ticket broker registered under this Act shall | 13 |
| pay an annual
registration fee of $100.
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| The provisions of this amendatory Act of 1995 are severable | 15 |
| under Section
1.31 of the Statute on Statutes.
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| (c) This Act does not apply to the sale of tickets of | 17 |
| admission to a sporting event, theater, musical performance, or | 18 |
| place of public entertainment or amusement of any kind for a | 19 |
| price in excess of the printed box office ticket price by a | 20 |
| seller engaged in interstate or intrastate commerce on an | 21 |
| Internet Auction Listing Service duly registered with the | 22 |
| Illinois Office of Banks and Real Estate under the Auction | 23 |
| License Act. This subsection (c) shall apply to both sales | 24 |
| through an online bid submission process and to sales at a | 25 |
| fixed price on the same website or interactive computer service | 26 |
| as the Internet Auction Listing Service registered with the | 27 |
| Illinois Office of Banks and Real Estate. | 28 |
| (d) This Act does not apply to the sale of tickets of | 29 |
| admission to a sporting event, theater, musical performance, or | 30 |
| place of public entertainment or amusement of any kind for a | 31 |
| price in excess of the printed box office ticket price | 32 |
| conducted at an auction solely by or for a not-for-profit | 33 |
| organization for charitable purposes under clause (a)(1) of | 34 |
| Section 10-1 of the Auction License Act.
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| (Source: P.A. 89-406, eff. 11-15-95.)
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