HB 516 - Tickets; unlawful sales; surcharges on sales
Georgia House of Representatives - 1995/1996 Sessions
HB 516 - Tickets; unlawful sales; surcharges on sales
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
1. Powell 23rd 2. Watson 139th 3. Towery 30th
4. Brush 112th 5. Dixon 150th 6. Henson 65th
House Comm: Ind / Senate Comm: CAff /
House Vote: Yeas 155 Nays 11 Senate Vote: Yeas 52 Nays 0
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House Action Senate
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1/31/95 Read 1st Time 2/20/95
2/1/95 Read 2nd Time 3/13/95
2/9/95 Favorably Reported 3/13/95
Sub Committee Amend/Sub Sub
2/16/95 Read 3rd Time 3/15/95
2/17/95 Passed/Adopted 3/15/95
CSFA Comm/Floor Amend/Sub CS
3/17* Amend/Sub Agreed To 3/17*
4/3/95 Sent to Governor
4/13/95 Signed by Governor
V3 Act/Veto Number
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Postponed by the House 2/16 Until 2/17/95
House Agrees to Senate Substitute as Amended by House
Senate Agrees to House Amendment to Senate Substitute
Code Sections amended: 10-1-310, 10-1-311, 10-1-312, 10-1-313, 10-1-314
HB 516 HB 516/AP
H. B. No. 516 (AS PASSED HOUSE AND SENATE)
By: Representatives Powell of the 23rd, Watson of the
139th, Towery of the 30th, Brush of the 112th, Dixon of the
150th and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 1 of Title 10 of the Official Code of
1- 2 Georgia Annotated, relating to selling and other trade
1- 3 practices, so as to change the provisions relating to the
1- 4 sale of tickets to athletic contests and entertainment
1- 5 events; to provide for the registration and regulation of
1- 6 persons engaged in the business of a ticket broker; to
1- 7 provide for administration by the Secretary of State; to
1- 8 provide for rules and regulations; to provide for
1- 9 enforcement; to define a certain term; to provide
1-10 qualifications for registration as a ticket broker; to
1-11 require bonds; to prohibit a person from engaging in the
1-12 business of a ticket broker unless the person complies with
1-13 the provisions of this Act; to provide for registration
1-14 fees; to require ticket brokers to conduct business in a
1-15 certain manner; to prohibit the resale of tickets to
1-16 athletic contests or entertainment events within 1,000 feet
1-17 of the facilities where such contests or events are being
1-18 held or are to be held; to require ticket brokers to
1-19 disclose certain information to ticket purchasers; to
1-20 require a ticket broker who fails to provide tickets after
1-21 guaranteeing delivery to provide a full refund and pay a
1-22 refund fee to the purchaser; to provide that a ticket broker
1-23 who fails to provide such a refund and refund fee shall be
1-24 guilty of a felony; to provide penalties; to limit the
1-25 number of tickets that a ticket broker may resell in
1-26 connection with an event; to provide an exception; to
1-27 provide that a ticket broker shall be prohibited from
1-28 employing any agents or employees for the purpose of making
1-29 future purchases of tickets from the owner, operator,
1-30 lessee, or tenant of the property on which an athletic
1-31 contest or entertainment event is to be held; to prohibit
1-32 certain activities in connection with the resale of tickets;
1-33 to prohibit certain activities in connection with the sale
1-34 of tickets to events of the 1996 Olympic Games; to provide
1-35 penalties; to provide that no laws shall prohibit the casual
1-36 resale of tickets to events for a price equal to or less
1-37 than the price printed on the ticket; to provide that
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HB 516/AP
2- 1 business license requirements shall not apply to such casual
2- 2 resales; to provide that no provision of this Act shall
2- 3 limit or prohibit the owner, operator, lessee, or tenant of
2- 4 the property on which an athletic contest or entertainment
2- 5 event is being held or the sponsor of such a contest or
2- 6 event from having policies, rules, or regulations respecting
2- 7 the sale or resale of tickets to such contest or event; to
2- 8 provide an effective date; to repeal conflicting laws; and
2- 9 for other purposes.
2-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
2-11 Chapter 1 of Title 10 of the Official Code of Georgia
2-12 Annotated, relating to selling and other trade practices, is
2-13 amended by striking in its entirety Article 12, relating to
2-14 ticket scalping, and inserting in lieu thereof a new Article
2-15 12 to read as follows:
"ARTICLE 12
2-16 10-1-310. (Index)
2-17 (a) It shall be unlawful for any person other than a
2-18 ticket broker to resell or offer for resale any ticket of
2-19 admission or other evidence of the right of entry to any
2-20 athletic contests, concerts, theater performances, or
2-21 other entertainments, amusements, or exhibitions to which
2-22 the general public is admitted for a price in excess of
2-23 the price printed on the ticket. Notwithstanding any other
2-24 provision of this article to the contrary, a service
2-25 charge not to exceed $3.00 may be charged when tickets or
2-26 other evidences of the right of entry are sold by an
2-27 authorized ticket agent through places of established
2-28 business licensed to do business by the municipality or
2-29 county, where applicable, in which such places of business
2-30 are located. Notwithstanding any other provisions of this
2-31 article to the contrary, the owner, operator, lessee, or
2-32 tenant of the property on which such entertainment event
2-33 is to be held or is being held or the sponsor of such
2-34 contest or event may charge or may authorize, in writing,
2-35 any person to charge a service charge for the sale or
2-36 reselling of such ticket, privilege, or license of
2-37 admission in addition to the price printed on the ticket.
2-38 Such writing granting authority to another shall specify
2-39 the amount of the service charge to be charged for the
H. B. No. 516
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HB 516/AP
3- 1 sale or reselling of each ticket, privilege, or license of
3- 2 admission.
3- 3 (b) Any advertisement, announcement, or poster for any
3- 4 event covered by this Code section which includes the
3- 5 price of admission shall specify the amount of the service
3- 6 charge to be charged for the sale or reselling of each
3- 7 ticket, privilege, or license of admission and such
3- 8 advertisement shall be clearly and conspicuously stated.
3- 9 10-1-311. (Index)
3-10 (a) As used in this article, the term 'ticket broker'
3-11 means any person who is involved in the business of
3-12 reselling tickets of admission to athletic contests,
3-13 concerts, theater performances or other entertainments,
3-14 amusements, or exhibitions to which the general public is
3-15 admitted and who charges a premium in excess of the price
3-16 of the ticket. The term 'ticket broker' shall not include
3-17 the owner, operator, lessee, or tenant of the property in
3-18 which an athletic contest or entertainment event is being
3-19 held or the sponsor of such a contest or event or the
3-20 authorized ticketing agent of such persons.
3-21 (b) On and after January 1, 1996, no person shall engage
3-22 in the business of a ticket broker unless such person is
3-23 in compliance with this Code section.
3-24 (c)(1) On and after January 1, 1996, no person shall
3-25 engage in the business of a ticket broker unless such
3-26 person is registered with the Secretary of State or his
3-27 or her delegate. Registration shall be on forms
3-28 furnished by the Secretary of State and shall be in such
3-29 manner as directed by the Secretary of State. The
3-30 Secretary of State shall charge a registration fee in
3-31 the amount of $500.00. A ticket broker shall renew his
3-32 or her registration annually and pay an annual
3-33 registration fee in the amount of $500.00.
3-34 (2) To be eligible for registration as a ticket broker a
3-35 person shall be required to:
3-36 (A) Maintain a permanent office or place of business
3-37 in this state, excluding a post office box, for the
3-38 purpose of engaging in the business of a ticket
3-39 broker;
3-40 (B) Obtain any business license required by a local
3-41 government;
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HB 516/AP
4- 1 (C) Have good moral character and not have been
4- 2 convicted of a felony or any crime involving moral
4- 3 turpitude; provided, however, that if the applicant
4- 4 has been convicted of such crime or has entered a plea
4- 5 of nolo contendere or has entered a plea pursuant to
4- 6 Article 3 of Chapter 8 of Title 42 or has otherwise
4- 7 been granted first offender treatment, the Secretary
4- 8 of State may inquire into the nature of the crime, the
4- 9 date of the conviction or plea, and any other
4-10 underlying facts and circumstances surrounding such
4-11 criminal proceedings and, in his or her discretion,
4-12 may grant a license to such applicant; and
4-13 (D) Provide satisfactory evidence to the Secretary of
4-14 State that the prospective registrant has posted or
4-15 has made provision for the posting of a bond. The
4-16 required bond shall be executed in favor of the state,
4-17 in the amount of $50,000.00, with a surety company
4-18 authorized to do business in this state and
4-19 conditioned to pay damages not to exceed the amount of
4-20 such bond to any person aggrieved by any act of the
4-21 principal named in such bond, which act is in
4-22 violation of this Code section. Such bond shall be
4-23 filed with the Secretary of State and shall be
4-24 approved by the Secretary of State as to form and as
4-25 to the solvency of the surety. No person registered
4-26 under this Code section shall cancel or cause to be
4-27 canceled a bond issued pursuant to this Code section
4-28 unless the Secretary of State is so informed in
4-29 writing by certified mail at least 30 days prior to
4-30 the proposed cancellation. If the surety or registrant
4-31 fails to submit, within ten days of the effective date
4-32 of cancellation, a new bond as outlined in this
4-33 subsection, the Secretary of State shall have the
4-34 authority to revoke any registration issued under this
4-35 Code section.
4-36 (3) The Secretary of State shall revoke the registration
4-37 of any ticket broker who no longer meets the eligibility
4-38 requirements of paragraph (2) of this subsection or who
4-39 otherwise violates this article; provided, however, that
4-40 the issuing of a registration under this Code section
4-41 shall not be deemed a contested case under Chapter 13 of
4-42 Title 50, the 'Georgia Administrative Procedure Act.'
4-43 (d) A ticket broker shall be required to:
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5- 1 (1) Disclose to the purchaser verbally or by use of a
5- 2 map the location of the seat represented by any ticket
5- 3 sold;
5- 4 (2) Disclose to the purchaser the refund policy of the
5- 5 ticket broker should an entertainment event be canceled;
5- 6 and
5- 7 (3) Disclose to the purchaser that a service charge has
5- 8 been added by the ticket broker to the price stated on
5- 9 the ticket.
5-10 (e)(1) If a ticket broker guarantees in writing delivery
5-11 of a ticket or tickets to a purchaser and fails to
5-12 complete such delivery, the ticket broker shall be
5-13 required to provide within 15 days a full refund of any
5-14 amount paid by the purchaser and, in addition, shall pay
5-15 the purchaser a refund fee of $250.00 per ticket.
5-16 (2) A ticket broker who violates paragraph (1) of this
5-17 subsection shall be guilty of a felony and, upon
5-18 conviction thereof, shall be fined not more than
5-19 $5,000.00 or imprisoned for not less than one year or
5-20 more than three years, or both.
5-21 (f) Unless a ticket broker has a written contract with the
5-22 owner, operator, lessee, or tenant of the property on
5-23 which an athletic contest or entertainment event is to be
5-24 held, which contract authorizes the ticket broker to
5-25 resell more than 2 percent of the tickets allocated for
5-26 such event, the ticket broker, including any affiliated
5-27 group of ticket brokers, shall be prohibited from
5-28 acquiring and reselling in excess of 2 percent of the
5-29 total tickets allocated for the event.
5-30 (g) The registration and revocation of registration
5-31 provisions of this article shall be ministerial duties of
5-32 the Secretary of State. It shall be the duty of local law
5-33 enforcement agencies and prosecuting attorneys to enforce
5-34 the provisions of this article. The Secretary of State
5-35 shall be authorized to promulgate rules and regulations to
5-36 carry out the provisions of this article.
5-37 (h) A ticket broker shall conduct business only from his
5-38 or her registered permanent office or place of business
5-39 which may not be within 2,500 feet of property on which an
5-40 athletic contest or entertainment event is held.
5-41 (i) Neither a ticket broker or an agent or employee of a
5-42 ticket broker or any other person shall engage in the
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6- 1 practice of reselling or attempting to resell or the
6- 2 delivery of resold tickets to any athletic contest or
6- 3 entertainment event within 1,000 feet of the facility
6- 4 where such contest or event is being held or is to be
6- 5 held.
6- 6 (j) A ticket broker shall be prohibited from employing any
6- 7 agents or employees for the purpose of making future
6- 8 purchases of tickets from the owner, operator, lessee, or
6- 9 tenant of the property on which an athletic contest or
6-10 entertainment event is to be held.
6-11 10-1-312. (Index)
6-12 (a) It shall be unlawful for any ticket agent, ticket
6-13 broker, or any other firm, corporation, partnership, or
6-14 legal entity, except the Atlanta Committee for the Olympic
6-15 Games or the Atlanta Paralympic Organizing Committee, to
6-16 advertise for sale, offer for sale, or sell any ticket to
6-17 any event of the 1996 Olympic Games or the 1996 Paralympic
6-18 Games without written authorization from the Atlanta
6-19 Committee for the Olympic Games or the Atlanta Paralympic
6-20 Organizing Committee.
6-21 (b) This Code section shall automatically stand repealed
6-22 in its entirety as of September 1, 1996.
6-23 10-1-313. (Index)
6-24 (a) No provision of this article or any other provision of
6-25 law shall prohibit any person who is the purchaser of
6-26 tickets to an athletic contest or entertainment event
6-27 covered under subsection (a) of Code Section 10-1-310 from
6-28 reselling or offering for resale any of such tickets for a
6-29 price equal to or less than the price printed on the
6-30 ticket; and no such person shall be required to procure
6-31 any business license for the purpose of reselling such
6-32 tickets as provided in this Code section.
6-33 (b) No provision of this article shall limit or prohibit
6-34 the owner, operator, lessee, or tenant of the property on
6-35 which an athletic contest or entertainment event is being
6-36 held or the sponsor of such a contest or event from having
6-37 policies, rules, or regulations restricting the sale or
6-38 resale of tickets to such contest or event.
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7- 1 10-1-314. (Index)
7- 2 (a) Each transaction, advertisement, ticket sold, or other
7- 3 act which constitutes a violation of this article shall
7- 4 constitute a separate violation of Code Section 10-1-393.
7- 5 (b) Except as otherwise provided in subsection (e) of Code
7- 6 Section 10-1-311, any person who violates this article
7- 7 shall be guilty of a misdemeanor."
SECTION 2.
7- 8 This Act shall become effective upon its approval by the
7- 9 Governor or upon its becoming law without such approval.
SECTION 3.
7-10 All laws and parts of laws in conflict with this Act are
7-11 repealed.
H. B. No. 516
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Last Updated on 01/02/97