[As Amended by House Committee of the Whole]
Session of 2000
Substitute for HOUSE BILL No. 2653
By Committee on Federal and State Affairs

11             AN  ACT concerning crimes and punishments; creating the crime of un-
12             lawful sale of tickets and prescribing the penalty therefor.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. (a) As used in this section:
16             (1) ``Ticket'' means any printed or electronic medium of admission
17       or right of entry to an event.
18             (2) ``Event'' means any musical or theatrical performance, concert,
19       exhibition or sporting athletic contest open to the general public for which
20       an entry fee is charged and which is given or held at a place of
21       entertainment.
22             (3) ``Nonprofit organization'' means a bona fide nonprofit religious,
23       charitable, fraternal, educational or veterans' organization as such terms
24       are defined in K.S.A. 79-4701, and amendments thereto.
25             (4) ``Person'' means any individual, firm, corporation, partnership,
26       limited liability company, limited liability partnership or other entity.
27             (5) ``Place of entertainment'' means any privately or publicly owned
28       and operated entertainment [public or private] facility in this state, such
29       as a theater, stadium, amphitheater, concert hall, arena, racetrack, mu-
30       seum or amusement park, where athletic games or contests, concerts,
31       performances or exhibitions are given or ents are] held and for which
32       an entry fee is charged.
33             (6) ``Resale'' or ``resell'' means any offer to sell or resell, or sale or
34       resale of, a ticket to an event at a price in excess of the face price thereof,
35       whether in person or by telephone, mail, delivery service, facsimile, the
36       internet or otherwise.
37             (7) ``Ticket broker'' means any person registered under section 2, and
38       amendments thereto, who is engaged in the business of resale of tickets.
39       Such term shall not include an employee of a ticket broker.
40             (b)  (1) Except as provided by paragraph (2) of this section [subsec-
41       tion], no person shall resell any ticket for a price in excess of the price
42       printed on the ticket. If a seller of a ticket requires, as a precondition of
43       the resale of such ticket, the purchase or rental of other goods or services


  1       at a price in excess of the fair market value of such goods or services, the
  2       excess amount shall be deemed to be part of the purchase price of such
  3       ticket.
  4             (2) The provisions of paragraph (1) of this section shall
  5       not apply to:
  6             (A) A nonprofit organization or any person acting on its behalf if the
  7       profit realized from the resale of tickets is wholly dedicated to the pur-
  8       poses of the nonprofit organization;
  9             (B) the sponsor, promoter, artist or operator of the event;
10             (C) the owner, operator, lessee or tenant of the place of entertain-
11       ment for the event;
12             (D) an agent of any person specified in paragraphs (A), (B) or (C) if
13       such agent expressly is authorized to make sales of tickets for the event,
14       including a seller of a ticket of admission who, with the consent of the
15       sponsor of such event, collects a reasonable service charge, in addition to
16       the printed box office ticket price, from the buyer of a ticket in return
17       for services actually rendered;
18             (E) any travel or tour agent or operator or other person who offers
19       and resells the ticket as part of a package of goods and services that
20       includes air or ground transportation, hotel or other accommodations or
21       meals;
22             (F) the resale of any ticket if both the buyer and the seller of the
23       ticket are not located in this state at the time of such resale;
24             (G) any person not engaged in the business of reselling tickets; or
25             (H) any person engaged in the business of reselling tickets and who
26       has registered with the secretary of state as a ticket broker as provided
27       by section 2, and amendments thereto.
28             (c) No person shall resell a ticket which contains restrictions on trans-
29       fer in violation of such restrictions:
30             (1) Within 1,000 feet of the property line of the property on which
31       is located the place of entertainment for the event if the place of enter-
32       tainment has a permanent seating capacity over 5,000 persons, unless the
33       operator of such place of entertainment has designated an area within
34       such property line for the resale of tickets by any person; or
35             (2) on any fully controlled-access highway within five miles of the
36       place of entertainment for the event.
37        [(c)  (1) Except as provided by paragraph (2) of this subsection,
38       no person shall resell a ticket to an event within 1,000 feet of the
39       property line of the property on which is located the place of en-
40       tertainment for such event or on any fully controlled-access high-
41       way within five miles of the place of entertainment for such event.
42             [(2) The provisions of this subsection shall not apply to the re-
43       sale of tickets to an event held at a place of entertainment having


  1       a permanent seating capacity of 5,000 or fewer persons.]
  2             (d) The resale of each ticket in violation of the provisions of this
  3       section shall constitute a separate offense.
  4             (e) A person convicted of violating the provisions of this section shall
  5       be guilty of a class C nonperson misdemeanor.
  6             (f) This section shall be part of and supplemental to the Kansas crim-
  7       inal code.
  8             Sec.  2. (a) The words and phrases used in this section shall have the
  9       same meaning as the words and phrases defined in section 1, and amend-
10       ments thereto.
11             (b) Any person engaged in the business of reselling tickets shall be
12       registered with the office of the secretary of state as a ticket broker. An
13       application for registration shall be submitted on a form provided by the
14       secretary of state and shall be accompanied by a registration fee.
15        [Nothing in this subsection shall be construed as requiring em-
16       ployees of a registered ticket broker to register with the office of
17       the secretary of state.]
18             (c) No person shall be issued a certificate of registration under this
19       section unless such person submits proof to the secretary [of state] that
20       such person:
21             (1) Engages in the resale of tickets on a regular and ongoing basis
22       from one or more permanent or fixed locations or places of business
23       within or outside the state of Kansas; and
24             (2) has not been convicted of a violation of section 1, and amend-
25       ments thereto, within the twelve-month period preceding the date of
26       application.
27             (d) Upon submission of proof, adequate to the secretary of state, that
28       an applicant complies with the provisions of subsection (c) and upon pay-
29       ment of the fees required by this section, the secretary [of state] shall
30       issue a certificate of registration to such applicant.
31             (e) Any person registered as a ticket broker shall:
32             (1) Display the certificate of registration issued pursuant to this sec-
33       tion, or a duplicate provided by the secretary [of state], at all locations
34       within the state of Kansas where such person engages in the sale of tickets;
35             (2) maintain a statewide toll-free number for consumer inquiries or
36       complaints; and
37             (3) adopt an internal code which establishes standards for profes-
38       sional conduct, advocates consumer protection and includes a standard
39       refund policy.
40             (f) Any certificate of registration issued pursuant to this section shall
41       expire one year from the date of issuance.
42             (g) The fee for the issuance of a certificate of registration, or any
43       renewal thereof, shall be $100. The fee for a duplicate certificate shall be


  1       $10. Fees received pursuant to this section shall be remitted to the state
  2       treasurer at least monthly. Upon receipt of each such remittance, the
  3       state treasurer shall deposit the entire amount thereof in the state treasury
  4       to the credit of the information and copy service fee fund.
  5        Sec.  3. This act shall take effect and be in force from and after its
  6       publication in the statute book.