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92_HB3535
LRB9206581RCmg
1 AN ACT in relating to ticket scalping.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Ticket Scalping Act is amended by
5 changing Section 1.5 as follows:
6 (720 ILCS 375/1.5)
7 Sec. 1.5. Resale of tickets.
8 (a) In this Section:
9 "Director" means the Director of Revenue.
10 "Place of public entertainment' means any privately
11 or publicly owned and operated entertainment facility
12 within this State such as a theater, stadium, museum,
13 arena, racetrack, or other place where performances,
14 concerts, exhibits, games, or contests are held and for
15 which an entry fee is charged.
16 "Ticket" means any piece of paper that indicates
17 that the bearer has paid for entry or other evidence that
18 permits entry to a place of public entertainment.
19 "Ticket agent" means any person who is involved in
20 the business of selling or reselling tickets of admission
21 to places of public entertainment and who charges a
22 premium in excess of the price, plus taxes, printed on
23 the tickets.
24 (b) Each place of public entertainment must print on the
25 face of each ticket and include in advertising for any event
26 the price charged for the event. Except for tickets printed
27 before the effective date of this amendatory Act of the 92nd
28 General Assembly, each ticket must have endorsed on the
29 ticket the maximum premium not to exceed 20% of the ticket
30 price or $3, whichever is greater, plus lawful taxes, at
31 which the ticket may be resold. No person may resell, offer
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1 to resell, or purchase with the intent to resell a ticket
2 for admission to a place of public entertainment at a premium
3 in excess of 20% of the ticket price or $3, whichever is
4 greater, plus lawful taxes.
5 (c) Except as otherwise provided in Section 1, no person
6 may sell, resell, offer to sell, offer to resell, or purchase
7 with the intent to resell any ticket in or on any street,
8 highway, driveway, sidewalk, parking area, or common area
9 owned by a place of public entertainment in this State or any
10 other area adjacent to or in the vicinity of any place of
11 public entertainment in this State as determined by the
12 Director. However, a person may resell, in any area that may
13 be designated by the place of public entertainment in this
14 State, any ticket or tickets originally purchased for his or
15 her own personal or family use at not greater than the lawful
16 price permitted under this Section.
17 (d) Each place of public entertainment in this State
18 must print on the face of each ticket and include in any
19 advertising for any event the price charged for the ticket.
20 Each ticket must have endorsed on it the maximum premium not
21 to exceed 20% of the ticket price or $3, whichever is
22 greater, plus lawful taxes at which the ticket may be resold.
23 (a) Except as otherwise provided in subsection (b) of
24 this Section and in Section 4, it is unlawful for any person,
25 persons, firm or corporation to sell tickets for baseball
26 games, football games, hockey games, theatre entertainments,
27 or any other amusement for a price more than the price
28 printed upon the face of said ticket, and the price of said
29 ticket shall correspond with the same price shown at the box
30 office or the office of original distribution. (b) This Act
31 does not apply to the sale of tickets of admission to a
32 sporting event, theater, musical performance, or place of
33 public entertainment or amusement of any kind for a price in
34 excess of the printed box office ticket price by a ticket
-3- LRB9206581RCmg
1 broker who meets all of the following requirements: (1) The
2 ticket broker is duly registered with the Office of the
3 Secretary of State on a registration form provided by that
4 Office. The registration must contain a certification that
5 the ticket broker: (A) engages in the resale of tickets on a
6 regular and ongoing basis from one or more permanent or fixed
7 locations located within this State; (B) maintains as the
8 principal business activity at those locations the resale of
9 tickets; (C) displays at those locations the ticket broker's
10 registration; (D) maintains at those locations a listing of
11 the names and addresses of all persons employed by the ticket
12 broker; (E) is in compliance with all applicable federal,
13 State, and local laws relating to its ticket selling
14 activities, and that neither the ticket broker nor any of its
15 employees within the preceding 12 months have been convicted
16 of a violation of this Act; and (F) that the ticket broker
17 meets the following requirements: (i) maintains a statewide
18 toll free number for consumer complaints and inquiries; (ii)
19 has adopted a code that advocates consumer protection that
20 includes, at a minimum: (a-1) consumer protection guidelines;
21 (b-1) a standard refund policy; and (c-1) standards of
22 professional conduct; (iii) has adopted a procedure for the
23 binding resolution of consumer complaints by an independent,
24 disinterested third party; and (iv) has established and
25 maintains a consumer protection rebate fund in an amount in
26 excess of $100,000, at least 50% of which must be cash
27 available for immediate disbursement for satisfaction of
28 valid consumer complaints. Alternatively, the ticket broker
29 may fulfill the requirements of subparagraph (F) of this
30 subsection (b) if the ticket broker certifies that he or she
31 belongs to a professional association organized under the
32 laws of this State, or organized under the laws of any other
33 state and authorized to conduct business in Illinois, that
34 has been in existence for at least 3 years prior to the date
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1 of that broker's registration with the Office of the
2 Secretary of State, and is specifically dedicated, for and on
3 behalf of its members, to provide and maintain the consumer
4 protection requirements of subparagraph (F) of subsection (b)
5 to maintain the integrity of the ticket brokerage industry.
6 (2) (Blank). (3) The ticket broker and his employees must not
7 engage in the practice of selling, or attempting to sell,
8 tickets for any event while sitting or standing near the
9 facility at which the event is to be held or is being held.
10 (4) The ticket broker must comply with all requirements of
11 the Retailers' Occupation Tax Act and all other applicable
12 federal, State and local laws in connection with his ticket
13 selling activities. (5) Beginning January 1, 1996, no ticket
14 broker shall advertise for resale any tickets within this
15 State unless the advertisement contains the name of the
16 ticket broker and the Illinois registration number issued by
17 the Office of the Secretary of State under this Section. (6)
18 Each ticket broker registered under this Act shall pay an
19 annual registration fee of $100. The provisions of this
20 amendatory Act of 1995 are severable under Section 1.31 of
21 the Statute on Statutes.
22 (Source: P.A. 89-406, eff. 11-15-95.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.