Bill Text: MN HF657 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Event ticket practices regulated, and restrictive ticketing systems permitted.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2012-03-28 - Referred to Judiciary and Public Safety [HF657 Detail]
Download: Minnesota-2011-HF657-Engrossed.html
1.2relating to commerce; regulating certain practices with respect to event tickets;
1.3permitting restrictive ticketing systems;proposing coding for new law in
1.4Minnesota Statutes, chapter 325E.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [325E.68] DEFINITIONS.
1.7 Subdivision 1. Terms. For purposes of sections 325E.68 to 325E.70, the terms
1.8defined in this section have the meanings given.
1.9 Subd. 2. Event. "Event" means a concert, theatrical performance, sporting event,
1.10exhibition, show, or similar scheduled activity taking place in this state:
1.11(1) that is open to the general public;
1.12(2) for which an admission fee is charged; and
1.13(3) that is held in a venue accommodating more than 2,500 persons, including
1.14but not limited to those venues for which public funding has been provided for the
1.15construction, maintenance, or operation of the venue or any infrastructure related to it, or
1.16which is located on property owned by a municipality or other government entity.
1.17 Subd. 3. Event ticket. "Event ticket" means the physical, electronic, or other form
1.18of a certificate, document, voucher, token, or other evidence indicating that the bearer,
1.19possessor, or person entitled to possession through purchase or otherwise has:
1.20(1) a revocable or irrevocable right, privilege, or license to enter an event venue or
1.21occupy a particular seat or area in an event venue with respect to one or more events; or
1.22(2) an entitlement to purchase a right, privilege, or license with respect to one or
1.23more future events.
2.1 Subd. 4. Resale. "Resale" includes a form of transfer or alienation, or offering for
2.2transfer or alienation, or possession or entitlement to possession of an event ticket from
2.3one person to another, with or without consideration, whether in person or by means of
2.4telephone, mail, delivery service, facsimile, Internet, e-mail, or other electronic means.
2.5Resale does not include the initial sale of an event ticket by the ticket issuer.
2.6 Subd. 5. Restrictive ticketing system. "Restrictive ticketing system" means a
2.7system that imposes license or contractual terms on the resale of event tickets, or that
2.8restrict the price or other term and conditions under which a ticket may be resold or
2.9transferred. It includes a system that employs technological means for the purpose or with
2.10the foreseeable effect of prohibiting or restricting the resale of event tickets, including but
2.11not limited to, issuing event tickets in an electronic form that is not readily transferrable to
2.12a subsequent purchaser, or conditioning entry into the venue on presentation of a token,
2.13such as the original purchaser's credit card or state-issued identification card, that cannot
2.14be readily transferred to a subsequent purchaser.
2.15 Subd. 6. Ticket issuer. "Ticket issuer" means a person that makes event tickets
2.16available, directly or indirectly, for initial sale to the general public, and may include the
2.17operator of a venue, the sponsor or promoter of an event, a sports team participating in an
2.18event or a league whose teams are participating in an event, a theater company, musical
2.19group, or similar participant in an event, or an agent of any such person. Ticket issuer
2.20does not include the State Agricultural Society, the Minnesota State High School League
2.21and its members, the Minnesota Amateur Sports Commission, or a person involved in or
2.22facilitating ticket resale.
2.23 Subd. 7. Venue. "Venue" means the theater, stadium, field, hall, or other facility
2.24where an event takes place.
2.25 Sec. 2. [325E.70] RESTRICTIVE TICKETING SYSTEMS PERMITTED;
2.26CONDITIONS; STUDENT TICKET EXEMPTION.
2.27 Subdivision 1. Restrictive ticketing system permitted subject to conditions. A
2.28ticket issuer shall not employ a restrictive ticketing system unless the consumer is given
2.29an option to purchase a ticket that the consumer can transfer at any price, and at any time,
2.30independent of the operator or operator's agent.
2.31 Subd. 2. Conditions for restrictive ticketing system. A restrictive ticketing system
2.32must adhere to the following conditions:
2.33(1) the established face value price for any given ticket shall be the same regardless
2.34of the form or transferability of such ticket; and
3.1(2) reasonable service charges or fees may be applied to a transferable ticket option
3.2within a restrictive ticketing system.
3.3 Subd. 3. Exemption. Event tickets that meet the following requirements are
3.4exempt from this section:
3.5(1) the event ticket is sold or given by a higher education institution to a student
3.6of that institution;
3.7(2) the event ticket is permitted to be used for admission to the event only by a
3.8student of that higher education institution; and
3.9(3) the event is sanctioned by that higher education institution.
3.10 Sec. 3. EFFECTIVE DATE.
3.11This act is effective August 1, 2012.
1.3permitting restrictive ticketing systems;proposing coding for new law in
1.4Minnesota Statutes, chapter 325E.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [325E.68] DEFINITIONS.
1.7 Subdivision 1. Terms. For purposes of sections 325E.68 to 325E.70, the terms
1.8defined in this section have the meanings given.
1.9 Subd. 2. Event. "Event" means a concert, theatrical performance, sporting event,
1.10exhibition, show, or similar scheduled activity taking place in this state:
1.11(1) that is open to the general public;
1.12(2) for which an admission fee is charged; and
1.13(3) that is held in a venue accommodating more than 2,500 persons, including
1.14but not limited to those venues for which public funding has been provided for the
1.15construction, maintenance, or operation of the venue or any infrastructure related to it, or
1.16which is located on property owned by a municipality or other government entity.
1.17 Subd. 3. Event ticket. "Event ticket" means the physical, electronic, or other form
1.18of a certificate, document, voucher, token, or other evidence indicating that the bearer,
1.19possessor, or person entitled to possession through purchase or otherwise has:
1.20(1) a revocable or irrevocable right, privilege, or license to enter an event venue or
1.21occupy a particular seat or area in an event venue with respect to one or more events; or
1.22(2) an entitlement to purchase a right, privilege, or license with respect to one or
1.23more future events.
2.1 Subd. 4. Resale. "Resale" includes a form of transfer or alienation, or offering for
2.2transfer or alienation, or possession or entitlement to possession of an event ticket from
2.3one person to another, with or without consideration, whether in person or by means of
2.4telephone, mail, delivery service, facsimile, Internet, e-mail, or other electronic means.
2.5Resale does not include the initial sale of an event ticket by the ticket issuer.
2.6 Subd. 5. Restrictive ticketing system. "Restrictive ticketing system" means a
2.7system that imposes license or contractual terms on the resale of event tickets, or that
2.8restrict the price or other term and conditions under which a ticket may be resold or
2.9transferred. It includes a system that employs technological means for the purpose or with
2.10the foreseeable effect of prohibiting or restricting the resale of event tickets, including but
2.11not limited to, issuing event tickets in an electronic form that is not readily transferrable to
2.12a subsequent purchaser, or conditioning entry into the venue on presentation of a token,
2.13such as the original purchaser's credit card or state-issued identification card, that cannot
2.14be readily transferred to a subsequent purchaser.
2.15 Subd. 6. Ticket issuer. "Ticket issuer" means a person that makes event tickets
2.16available, directly or indirectly, for initial sale to the general public, and may include the
2.17operator of a venue, the sponsor or promoter of an event, a sports team participating in an
2.18event or a league whose teams are participating in an event, a theater company, musical
2.19group, or similar participant in an event, or an agent of any such person. Ticket issuer
2.20does not include the State Agricultural Society, the Minnesota State High School League
2.21and its members, the Minnesota Amateur Sports Commission, or a person involved in or
2.22facilitating ticket resale.
2.23 Subd. 7. Venue. "Venue" means the theater, stadium, field, hall, or other facility
2.24where an event takes place.
2.25 Sec. 2. [325E.70] RESTRICTIVE TICKETING SYSTEMS PERMITTED;
2.26CONDITIONS; STUDENT TICKET EXEMPTION.
2.27 Subdivision 1. Restrictive ticketing system permitted subject to conditions. A
2.28ticket issuer shall not employ a restrictive ticketing system unless the consumer is given
2.29an option to purchase a ticket that the consumer can transfer at any price, and at any time,
2.30independent of the operator or operator's agent.
2.31 Subd. 2. Conditions for restrictive ticketing system. A restrictive ticketing system
2.32must adhere to the following conditions:
2.33(1) the established face value price for any given ticket shall be the same regardless
2.34of the form or transferability of such ticket; and
3.1(2) reasonable service charges or fees may be applied to a transferable ticket option
3.2within a restrictive ticketing system.
3.3 Subd. 3. Exemption. Event tickets that meet the following requirements are
3.4exempt from this section:
3.5(1) the event ticket is sold or given by a higher education institution to a student
3.6of that institution;
3.7(2) the event ticket is permitted to be used for admission to the event only by a
3.8student of that higher education institution; and
3.9(3) the event is sanctioned by that higher education institution.
3.10 Sec. 3. EFFECTIVE DATE.
3.11This act is effective August 1, 2012.
