Bill Text: MN HF679 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Event ticket practices regulated, and minimum standards for consumer protection established.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-25 - Author added Pugh [HF679 Detail]
Download: Minnesota-2013-HF679-Introduced.html
1.2relating to commerce; regulating certain practices with respect to event tickets;
1.3establishing minimum standards for consumer protection;proposing coding for
1.4new law in Minnesota 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 1,000 persons.
1.14 Subd. 3. Event ticket. "Event ticket" means the physical, electronic, or other form
1.15of a certificate, document, voucher, token, or other evidence indicating that the bearer,
1.16possessor, or person entitled to possession through purchase or otherwise has:
1.17(1) a revocable or irrevocable right, privilege, or license to enter an event venue or
1.18occupy a particular seat or area in an event venue with respect to one or more events; or
1.19(2) an entitlement to purchase a right, privilege, or license with respect to one or
1.20more future events.
1.21 Subd. 4. Resale. "Resale" includes a form of transfer or alienation, or offering for
1.22transfer or alienation, or possession or entitlement to possession of an event ticket from
1.23one person to another, with or without consideration, whether in person or by means of
2.1telephone, mail, delivery service, facsimile, Internet, e-mail, or other electronic means.
2.2Resale does not include the initial sale of an event ticket by the ticket issuer.
2.3 Subd. 5. Ticket issuer. "Ticket issuer" means a person that makes event tickets
2.4available, directly or indirectly, to the general public, and may include the operator of a
2.5venue, the sponsor or promoter of an event, a sports team participating in an event or a
2.6league whose teams are participating in an event, a theater company, musical group, or
2.7similar participant in an event, or an agent of any such person.
2.8 Subd. 6. Venue. "Venue" means the theater, stadium, field, hall, or other facility
2.9where an event takes place.
2.10 Sec. 2. [325E.69] FREE MARKET IN RESALE OF EVENT TICKETS.
2.11 Subdivision 1. Prohibition. It is unlawful for a ticket issuer to prohibit or restrict
2.12the resale or offering for resale of an event ticket by a lawful possessor of the ticket.
2.13 Subd. 2. Prohibited acts. Ticket issuers are prohibited from engaging in the
2.14following acts:
2.15(1) purporting to impose license or contractual terms on the initial sale of event
2.16tickets including, but not limited to, terms printed on the back of a physical ticket that
2.17prohibit resale of the ticket, or that restrict the price or other terms and conditions under
2.18which a ticket may be resold;
2.19(2) requiring the purchaser of a ticket, whether for a single event or for a series or
2.20season of events, to agree not to resell the ticket, or to resell the ticket only through a
2.21specific channel approved by the ticket issuer;
2.22(3) bringing legal action, based on an unlawful prohibition or restriction on resale of
2.23an event ticket, against:
2.24(i) a purchaser who resells or offers to resell an event ticket without permission of
2.25the ticket issuer, or in violation of a restriction purportedly imposed by the ticket issuer;
2.26(ii) persons who facilitate or provide services for the resale of event tickets without
2.27permission or in alleged violation of a restriction; or
2.28(iii) the operator of a physical or electronic marketplace in which a ticket is offered
2.29for resale without permission or in alleged violation of a restriction;
2.30(4) imposing a penalty on a ticket purchaser who resells or offers to resell an event
2.31ticket without permission or in violation of a restriction purportedly imposed by the ticket
2.32issuer, or treating a purchaser in any material way less favorably than a similarly situated
2.33purchaser who does not resell or offer to resell an event ticket, or who complies with
2.34resale restrictions purportedly imposed by the ticket issuer;
3.1(5) employing technological means for the purpose or with the foreseeable effect
3.2of prohibiting or restricting the resale of event tickets including, but not limited to,
3.3issuing event tickets in an electronic form that is not readily transferrable to a subsequent
3.4purchaser, or conditioning entry into the venue on presentation of a token, such as the
3.5original purchaser's credit card or state-issued identification card, that cannot be readily
3.6transferred to a subsequent purchaser; or
3.7(6) seeking to limit or restrict the price, or to impose a minimum or maximum
3.8price, at which an event ticket may be resold.
3.9 Sec. 3. [325E.70] ENFORCEMENT.
3.10The attorney general shall enforce sections 325E.68 to 325E.70 under section 8.31.
3.11 Sec. 4. EFFECTIVE DATE.
3.12Sections 1 to 3 are effective January 1, 2014.
1.3establishing minimum standards for consumer protection;proposing coding for
1.4new law in Minnesota 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 1,000 persons.
1.14 Subd. 3. Event ticket. "Event ticket" means the physical, electronic, or other form
1.15of a certificate, document, voucher, token, or other evidence indicating that the bearer,
1.16possessor, or person entitled to possession through purchase or otherwise has:
1.17(1) a revocable or irrevocable right, privilege, or license to enter an event venue or
1.18occupy a particular seat or area in an event venue with respect to one or more events; or
1.19(2) an entitlement to purchase a right, privilege, or license with respect to one or
1.20more future events.
1.21 Subd. 4. Resale. "Resale" includes a form of transfer or alienation, or offering for
1.22transfer or alienation, or possession or entitlement to possession of an event ticket from
1.23one person to another, with or without consideration, whether in person or by means of
2.1telephone, mail, delivery service, facsimile, Internet, e-mail, or other electronic means.
2.2Resale does not include the initial sale of an event ticket by the ticket issuer.
2.3 Subd. 5. Ticket issuer. "Ticket issuer" means a person that makes event tickets
2.4available, directly or indirectly, to the general public, and may include the operator of a
2.5venue, the sponsor or promoter of an event, a sports team participating in an event or a
2.6league whose teams are participating in an event, a theater company, musical group, or
2.7similar participant in an event, or an agent of any such person.
2.8 Subd. 6. Venue. "Venue" means the theater, stadium, field, hall, or other facility
2.9where an event takes place.
2.10 Sec. 2. [325E.69] FREE MARKET IN RESALE OF EVENT TICKETS.
2.11 Subdivision 1. Prohibition. It is unlawful for a ticket issuer to prohibit or restrict
2.12the resale or offering for resale of an event ticket by a lawful possessor of the ticket.
2.13 Subd. 2. Prohibited acts. Ticket issuers are prohibited from engaging in the
2.14following acts:
2.15(1) purporting to impose license or contractual terms on the initial sale of event
2.16tickets including, but not limited to, terms printed on the back of a physical ticket that
2.17prohibit resale of the ticket, or that restrict the price or other terms and conditions under
2.18which a ticket may be resold;
2.19(2) requiring the purchaser of a ticket, whether for a single event or for a series or
2.20season of events, to agree not to resell the ticket, or to resell the ticket only through a
2.21specific channel approved by the ticket issuer;
2.22(3) bringing legal action, based on an unlawful prohibition or restriction on resale of
2.23an event ticket, against:
2.24(i) a purchaser who resells or offers to resell an event ticket without permission of
2.25the ticket issuer, or in violation of a restriction purportedly imposed by the ticket issuer;
2.26(ii) persons who facilitate or provide services for the resale of event tickets without
2.27permission or in alleged violation of a restriction; or
2.28(iii) the operator of a physical or electronic marketplace in which a ticket is offered
2.29for resale without permission or in alleged violation of a restriction;
2.30(4) imposing a penalty on a ticket purchaser who resells or offers to resell an event
2.31ticket without permission or in violation of a restriction purportedly imposed by the ticket
2.32issuer, or treating a purchaser in any material way less favorably than a similarly situated
2.33purchaser who does not resell or offer to resell an event ticket, or who complies with
2.34resale restrictions purportedly imposed by the ticket issuer;
3.1(5) employing technological means for the purpose or with the foreseeable effect
3.2of prohibiting or restricting the resale of event tickets including, but not limited to,
3.3issuing event tickets in an electronic form that is not readily transferrable to a subsequent
3.4purchaser, or conditioning entry into the venue on presentation of a token, such as the
3.5original purchaser's credit card or state-issued identification card, that cannot be readily
3.6transferred to a subsequent purchaser; or
3.7(6) seeking to limit or restrict the price, or to impose a minimum or maximum
3.8price, at which an event ticket may be resold.
3.9 Sec. 3. [325E.70] ENFORCEMENT.
3.10The attorney general shall enforce sections 325E.68 to 325E.70 under section 8.31.
3.11 Sec. 4. EFFECTIVE DATE.
3.12Sections 1 to 3 are effective January 1, 2014.
