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SF 555

as introduced - 88th Legislature (2013 - 2014) Posted on 02/22/2013 11:51am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to commerce; regulating certain practices with respect to event tickets;
establishing minimum standards for consumer protection; 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.68] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For purposes of sections 325E.68 to 325E.70, the terms
defined in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Event. new text end

new text begin "Event" means a concert, theatrical performance, sporting event,
exhibition, show, or similar scheduled activity taking place in this state:
new text end

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

new text begin (2) for which an admission fee is charged; and
new text end

new text begin (3) that is held in a venue accommodating more than 1,000 persons.
new text end

new text begin Subd. 3. new text end

new text begin Event ticket. new text end

new text begin "Event ticket" means the physical, electronic, or other form
of a certificate, document, voucher, token, or other evidence indicating that the bearer,
possessor, or person entitled to possession through purchase or otherwise has:
new text end

new text begin (1) a revocable or irrevocable right, privilege, or license to enter an event venue or
occupy a particular seat or area in an event venue with respect to one or more events; or
new text end

new text begin (2) an entitlement to purchase a right, privilege, or license with respect to one or
more future events.
new text end

new text begin Subd. 4. new text end

new text begin Resale. new text end

new text begin "Resale" includes a form of transfer or alienation, or offering for
transfer or alienation, or possession or entitlement to possession of an event ticket from
one person to another, with or without consideration, whether in person or by means of
telephone, mail, delivery service, facsimile, Internet, e-mail, or other electronic means.
Resale does not include the initial sale of an event ticket by the ticket issuer.
new text end

new text begin Subd. 5. new text end

new text begin Ticket issuer. new text end

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

new text begin Subd. 6. new text end

new text begin Venue. new text end

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

Sec. 2.

new text begin [325E.69] FREE MARKET IN RESALE OF EVENT TICKETS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin It is unlawful for a ticket issuer to prohibit or restrict
the resale or offering for resale of an event ticket by a lawful possessor of the ticket.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited acts. new text end

new text begin Ticket issuers are prohibited from engaging in the
following acts:
new text end

new text begin (1) purporting to impose license or contractual terms on the initial sale of event
tickets including, but not limited to, terms printed on the back of a physical ticket that
prohibit resale of the ticket, or that restrict the price or other terms and conditions under
which a ticket may be resold;
new text end

new text begin (2) requiring the purchaser of a ticket, whether for a single event or for a series or
season of events, to agree not to resell the ticket, or to resell the ticket only through a
specific channel approved by the ticket issuer;
new text end

new text begin (3) bringing legal action, based on an unlawful prohibition or restriction on resale of
an event ticket, against:
new text end

new text begin (i) a purchaser who resells or offers to resell an event ticket without permission of
the ticket issuer, or in violation of a restriction purportedly imposed by the ticket issuer;
new text end

new text begin (ii) persons who facilitate or provide services for the resale of event tickets without
permission or in alleged violation of a restriction; or
new text end

new text begin (iii) the operator of a physical or electronic marketplace in which a ticket is offered
for resale without permission or in alleged violation of a restriction;
new text end

new text begin (4) imposing a penalty on a ticket purchaser who resells or offers to resell an event
ticket without permission or in violation of a restriction purportedly imposed by the ticket
issuer, or treating a purchaser in any material way less favorably than a similarly situated
purchaser who does not resell or offer to resell an event ticket, or who complies with
resale restrictions purportedly imposed by the ticket issuer;
new text end

new text begin (5) employing technological means for the purpose or with the foreseeable effect
of prohibiting or restricting the resale of event tickets including, but not limited to,
issuing event tickets in an electronic form that is not readily transferrable to a subsequent
purchaser, or conditioning entry into the venue on presentation of a token, such as the
original purchaser's credit card or state-issued identification card, that cannot be readily
transferred to a subsequent purchaser; or
new text end

new text begin (6) seeking to limit or restrict the price, or to impose a minimum or maximum
price, at which an event ticket may be resold.
new text end

Sec. 3.

new text begin [325E.70] ENFORCEMENT.
new text end

new text begin The attorney general shall enforce sections 325E.68 to 325E.70 under section 8.31.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective January 1, 2014.
new text end