By Mr. Panagiotakos, a petition (accompanied by bill,
Senate, No. 222) of Steven C. Panagiotakos for legislation
relative to ticket resale. Consumer Protection and
Professional Licensure. |
By Mr. Panagiotakos, a petition (accompanied by bill,
Senate, No. 222) of Steven C. Panagiotakos for legislation
relative to ticket resale. Consumer Protection and
Professional Licensure. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 185A of Chapter 140 of Title XX of part I of the Massachusetts General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding at the end thereof the following new paragraphs:-
Nothing in this Title, nor in any city, county, or other local law, shall prohibit any person from reselling, or engaging in the business of reselling, at any price, tickets of admission or other evidence of right of entry to any theatrical exhibition, public show or public amusement or exhibition, regardless of whether or not such person has a license, if such resale is made through an Internet web site that is authorized for such purpose in writing by the owner or operator of, or the owner or operator of the venue at which occurs, such theatrical exhibition, public show or public amusement or exhibition, but only if the operator of such Internet web site:
(a) has the business presence and physical street address in the Commonwealth of Massachusetts and clearly and conspicuously posts that address on such web site; and
(b) guarantees to all purchasers that it will provide and in fact provides a full refund of the amount paid by the purchaser (including, but not limited to, all fees, regardless of how characterized) if any of the following occurs:-
(i) the ticketed event is cancelled; provided, that if the event is cancelled then reasonable handling and delivery fees need not be refunded as long as previously disclosed guarantee specifies that such fees will not be refunded;
(ii) the ticket received by the purchaser does not allow the purchaser to enter the ticketed even, for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been cancelled by the issuer due to non-payment, unless the ticket is cancelled due to an act or omission by such purchaser, or
(iii) the ticket fails to conform to its description on the website.
Nothing in this Title, nor in any city, county or other local law, shall prohibit any such exhibition, show, amusement, venue or web site operator from having any interest in such web site or receiving any financial participation or benefit from such a resale.
