H*4847(Rat #0435, Act #0367 of 2006)  General Bill, By Clemmons, Barfield, Edge, 
Hardwick, Hayes, Viers and Witherspoon

Similar(S 1201)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 39-5-36 SO AS TO PROVIDE THAT A PERSON OR FIRM WHO RESELLS TICKETS TO AN EVENT
 FOR MORE THAN ONE DOLLAR ABOVE THE ORIGINAL PRICE VIOLATES THE SOUTH CAROLINA
 UNFAIR TRADE PRACTICES ACT AND TO DEFINE THE TERM "ORIGINAL TICKET SELLER"; TO
 AMEND SECTION 16-17-710, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST,
 SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED
 AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE RESALE OF TICKETS TO AN EVENT
 UNDER CERTAIN CIRCUMSTANCES, TO DEFINE THE TERMS "OPEN MARKET EVENT TICKET"
 AND "PERMITTED PHYSICAL LOCATION", AND TO PROVIDE A PENALTY. - ratified title

   03/15/06  House  Introduced and read first time HJ-110
   03/15/06  House  Referred to Committee on Judiciary HJ-111
   04/19/06  House  Committee report: Favorable with amendment
                     Judiciary HJ-44
   04/20/06         Scrivener's error corrected
   04/25/06  House  Amended HJ-60
   04/25/06  House  Read second time HJ-61
   04/26/06  House  Read third time and sent to Senate HJ-13
   04/26/06  Senate Introduced and read first time SJ-13
   04/26/06  Senate Referred to Committee on Judiciary SJ-13
   04/26/06  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Bryant
   05/24/06  Senate Polled out of committee Judiciary SJ-23
   05/24/06  Senate Committee report: Favorable with amendment
                     Judiciary SJ-23
   05/30/06  Senate Amended SJ-14
   05/30/06  Senate Read second time SJ-14
   05/31/06  Senate Read third time and returned to House with amendments
   06/01/06  House  Concurred in Senate amendment and enrolled HJ-41
   06/07/06         Ratified R 435
   06/09/06         Signed By Governor
   06/16/06         Copies available
   06/16/06         Effective date 06/09/06
   06/23/06         Act No. 367

(A367, R435, H4847)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO PROVIDE THAT A PERSON OR FIRM WHO RESELLS TICKETS TO AN EVENT FOR MORE THAN ONE DOLLAR ABOVE THE ORIGINAL PRICE VIOLATES THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT AND TO DEFINE THE TERM "ORIGINAL TICKET SELLER"; TO AMEND SECTION 16-17-710, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE RESALE OF TICKETS TO AN EVENT UNDER CERTAIN CIRCUMSTANCES, TO DEFINE THE TERMS "OPEN MARKET EVENT TICKET" AND "PERMITTED PHYSICAL LOCATION", AND TO PROVIDE A PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

Unfair Trade Practices Act, resale of tickets

SECTION    1.    Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-36.    (A)    A person or firm who knowingly purchases a quantity of tickets for admission to an event which exceeds the maximum quantity posted by or on behalf of the original ticket seller at the point of original sale or printed on the tickets and intends to resell the tickets in excess of one dollar above the price charged by the original ticket seller violates the South Carolina Unfair Trade Practices Act and is subject to its provisions, penalties, and damages.

(B)    A person or firm who violates the provisions of Section 16-17-710(A) is subject to the provisions, penalties, and damages of the South Carolina Unfair Trade Practices Act.

(C)    A person or firm is not liable pursuant to this section with respect to tickets for which the person or firm is the original ticket seller.

(D)    For purposes of this section, the term 'original ticket seller' means the issuer of the tickets or a person or firm who provides ticket distribution services or ticket sales service under a contract with the issuer."

Crimes and offenses, resale of tickets, penalties

SECTION    2.    Section 16-17-710 of the 1976 Code is amended to read:

"Section 16-17-710.    (A)    A person or entity who offers for resale or resells a ticket for admission to an event must request or receive no more than one dollar above the price charged by the original ticket seller.

(B)    This section does not apply to an open market event ticket offered for resale through an internet website or at a permitted physical location when the person or entity reselling the ticket guarantees to the ticket buyer a full refund of the amount paid for the ticket if:

(1)    the event is cancelled, except that ticket delivery and processing charges are not required to be refunded if disclosed in the guarantee;

(2)    the buyer is denied admission to the event, unless the denial is due to the act or omission of the buyer; or

(3)    the ticket is not delivered to the buyer and the failure results in the buyer's inability to use the ticket to attend the event.

(C)    For purposes of this section, the term 'open market event ticket' means a ticket to an event other than an event sponsored by or taking place at a venue owned by an institution of higher education. An institution of higher education may designate a ticket as an open market event ticket if the institution approves the resale of the ticket prior to the initial sale or delivery of the ticket and issues a public statement or notice authorizing the resale of the ticket.

(D)    For purposes of this section, the term 'permitted physical location' is a physical geographic location that is either:

(1)    on property not owned by the owner of the venue of the ticketed event or on public property even if the property is the venue of the ticketed event subject to reasonable restrictions or conditions imposed by the owner to protect the safety and welfare of attendees of the ticketed event; or

(2)    on private property owned by the owner of the venue of the ticketed event if the owner expressly authorizes in writing such resales to occur on the property. The owner may provide specific locations on the property for resales to occur and provide for any conditions for resales on the property.

(E)    A person or entity who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

(F)    The resale or offer for resale of each ticket constitutes a separate offense."

Savings clause

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2006.

Approved the 9th day of June, 2006.