HF 3809

as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 12:09pm

A bill for an act
relating to commerce; regulating the transferability and format of event tickets;
proposing coding for new law in Minnesota Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.67] EVENT TICKETS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Event" means a concert, theatrical performance, sporting event, exhibition,
show, or similar scheduled activity occurring in this state that:
new text end

new text begin (1) is open to the public;
new text end

new text begin (2) is a for-profit event;
new text end

new text begin (3) charges an admission fee;
new text end

new text begin (4) is held in a venue accommodating 12,000 or more persons; and
new text end

new text begin (5) is held in a venue that has received public funding for its construction,
maintenance, or operation.
new text end

new text begin (c) "Ticket" means evidence, in whatever form that the possessor, or person entitled
to possession, has of:
new text end

new text begin (1) a revocable or irrevocable right, privilege, or license to (i) enter an event or (ii)
occupy a particular seat or area at an event; or
new text end

new text begin (2) an entitlement to purchase a right, privilege, or license to (i) enter an event or (ii)
occupy a particular seat or area at an event.
new text end

new text begin (d) "Ticket issuer" means a person that makes tickets available, directly or indirectly,
for initial sale to the public. Ticket issuer may include the operator of a venue, the sponsor
or promoter of an event, a sports team participating in an event or in a league whose teams
are participating in an event, a theater company, a musical group, or a similar participant
in an event, or their agent.
new text end

new text begin (e) "Venue" means the theater, stadium, field, hall, or other facility where an event
takes place.
new text end

new text begin Subd. 2. new text end

new text begin Ticket issuer restrictions. new text end

new text begin (a) A ticket issuer cannot charge, request,
or receive any amount in excess of the established price plus lawful taxes for a ticket.
However, a ticket issuer may charge a reasonable service charge for special services,
including delivery, nonticket office sales, and auctions.
new text end

new text begin (b) A ticket issuer shall not use a paperless ticketing system unless the purchaser is
given an option to purchase printed paper tickets that can be transferred at any price and
at any time, independent of the ticket issuer, and without additional fees. The ability for
a ticket to be transferred independent of the ticket issuer and offering tickets in printed
paper form are not special services for the purposes of imposing a service charge under
paragraph (a). A ticket issuer must offer printed paper tickets to purchasers:
new text end

new text begin (1) in person at a ticket office; and
new text end

new text begin (2) through first class United States mail.
new text end

new text begin (c) A ticket issuer must make all printed paper tickets, including subscription or
season ticket packages, available to the purchaser at least 15 days prior to the first event,
or as soon as is reasonable if the purchase occurs within 14 days of the first event.
new text end

new text begin (d) A ticket issuer shall not restrict in any way the resale of any tickets included in a
subscription or season ticket package as a condition of purchase.
new text end

new text begin (e) A ticket issuer shall not deny access to a person who possesses a resold
subscription or season ticket to a performance on the grounds that the ticket was resold.
new text end

new text begin (f) A ticket issuer cannot sell or transfer tickets to a ticket reseller that is owned
or controlled by the ticket issuer.
new text end

new text begin (g) A ticket issuer shall determine whether a seat has an obstructed view, and shall
disclose the obstruction to purchasers. If the ticket issuer discloses that a seat has an
obstructed view, it is the responsibility of any ticket reseller to disclose the obstruction
upon the resale of the ticket. Obstruction does not mean an obstruction caused by a person,
or an obstruction of view that is de minimus or transitory in nature.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement by attorney general; injunction and civil penalty. new text end

new text begin (a) If the
attorney general believes that a person has violated or is violating this section, the attorney
general may bring an action on behalf of the state to enjoin the person from violating this
section. In addition to seeking an injunction, the attorney general may request:
new text end

new text begin (1) the imposition of a civil penalty in an amount not to exceed $500 for each
violation of this section;
new text end

new text begin (2) an order requiring reimbursement to this state for the reasonable value of
investigating and prosecuting a violation of this section; and
new text end

new text begin (3) an order requiring restitution to an injured party for legal and professional
expenses related to the violation.
new text end

new text begin (b) The remedies provided in this subdivision are cumulative and do not restrict any
other right or remedy otherwise available to the injured party.
new text end