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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENT
May 24, 2006
H. 4847
Introduced by Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon
S. Printed 5/24/06--S.
Read the first time April 26, 2006.
To whom was referred a Bill (H. 4847) to amend Section 16-17-710, Code of Laws of South Carolina, 1976, relating to selling tickets to an athletic contest, sporting, entertainment, or amusement, etc., respectfully
Has polled the Bill out with amendment, to wit:
Amend the bill, as and if amended, pages 1-2, by striking SECTION 1 and SECTION 2 in their entirety and inserting:
/ SECTION 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."
SECTION 2. Section 16-17-710 of the 1976 Code is amended to read:
"Section 16-17-710. (1) It shall be unlawful to sell or offer for sale any ticket good for admission to any athletic contest, sporting, entertainment or amusement event where an admission price is charged, and request or receive a price in excess of one dollar of the price charged by the original seller. (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) The provisions of this section do not apply to an open market event ticket offered for resale through an internet website that guarantees to the ticket purchaser 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.
(2)(D) Any A person or entity violating who violates the provisions of this section shall be deemed subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
(E) The sale resale or offer for sale resale of each ticket shall constitute constitutes a separate offense." /
Renumber sections to conform.
Amend title to conform.
TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 15 of the 1976 Code is amended by adding:
"Section 15-1-340. An entity offering the resale of tickets, whether offered by the entity or a third party through the entity, who violates the provisions of Section 16-17-710(C) or (D) is subject to a ten-thousand-dollar civil fine for each violation. The entity also is subject to the payment of treble damages, attorneys' fees, and costs associated with an action by a person who purchases a fraudulent ticket."
SECTION 2. Section 16-17-710 of the 1976 Code is amended to read:
"Section 16-17-710. (1)(A) It shall be Except as provided in subsection (C), it is unlawful to sell or offer for sale any a ticket good for admission to any an athletic contest, sporting, entertainment, or amusement event where an admission price is charged, and request or receive a price in excess of one dollar of the price charged by the original seller.
(2)(B) Any A person violating who violates the provisions of this section shall be deemed subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or must be imprisoned for not more than thirty days. The sale or offer for sale of each ticket shall constitute constitutes a separate offense.
(C) The provisions of this section do not apply to the sale or offer for sale of a ticket to an athletic contest, sporting, entertainment, or amusement event as provided in subsection (A) if the act is authorized by the operator of the venue where the event is to be held and the operator of the venue states their resale policy in writing.
(D) If the operator of the venue authorizes the resale of tickets, the operator may impose a service charge of no more than twenty percent of the resale price plus reimbursement for taxes remitted in connection with the resale. The operator also may charge a delivery fee if delivery services are provided.
(E) The provisions of this section do not prohibit fees associated with the initial sale or delivery of a ticket."
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.
SECTION 4. This act takes effect upon approval by the Governor.
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