08 LC 36
1066ERS
The
Senate Regulated Industries and Utilities Committee offered the following
substitute to HB 1238:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 4B of Title 43 of the Official Code of Georgia
Annotated, relating to ticket brokers, so as to change certain provisions
relating to the authority to resell tickets and service charges; to provide for
certain Internet resale of tickets; to provide for a penalty; to provide for a
sponsor of an athletic contest or property owner to revoke the license of a
ticket holder to attend or be on such property under certain circumstances; to
provide for other related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating
to ticket brokers, is amended by revising Code Section 43-4B-25, relating to the
authority to resell tickets and service charges, as follows:
"43-4B-25.
(a)
Except as otherwise provided in Code
Section
Sections
43-4B-29 and
43-4B-29.2, it shall be unlawful for any
person other than a ticket broker to resell or offer for resale any ticket of
admission or other evidence of the right of entry to any athletic contest,
concert, theater performance, amusement, exhibition, or other entertainment
event to which the general public is admitted for a price in excess of the face
value of the ticket. Notwithstanding any other provision of this article to the
contrary, a service charge not to exceed $3.00 may be charged when tickets or
other evidences of the right of entry are sold by an authorized ticket agent
through places of established business licensed to do business by the
municipality or county, where applicable, in which such places of business are
located. Notwithstanding any other provision of this article to the contrary,
the owner, operator, lessee, or tenant of the property on which such athletic
contest or entertainment event is to be held or is being held or the sponsor of
such contest or event may charge or may authorize, in writing, any person to
charge a service charge for the sale of such ticket, privilege, or license of
admission in addition to the face value of the ticket. Such writing granting
authority to another shall specify the amount of the service charge to be
charged for the sale of each ticket, privilege, or license of
admission.
(b)
Except as
provided in Code Section 43-4B-29.2 and
notwithstanding
Notwithstanding
any other provision of this article to the contrary, in the case of any athletic
contest or entertainment event that is described in Code Section 43-4B-30, a
sponsor of such a contest or event may contractually restrict the resale of a
ticket to such contest or event by giving notice of such restriction on the back
of the ticket. Notwithstanding any other provision of this article to the
contrary, in the case of any athletic contest or entertainment event, an owner,
operator, lessee, or tenant of the property on which such contest or event is to
be held or is being held may contractually restrict the resale of the right of
occupancy of any specific suite, seat, or seating area by giving notice in
writing of such
restriction,
except when such resale is made pursuant to the provisions of Code Section
43-4B-29.2."
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"43-4B-29.2.
(a)
An Internet website may resell or offer for resale in the secondary market, at
any price, one or more tickets to an athletic contest or entertainment event if
such ticket is resold or offered for resale through an Internet website whose
operator guarantees a full refund of the amount paid for the ticket
if:
(1)
The ticketed athletic contest or entertainment event is canceled;
(2)
The purchaser is denied admission to the ticketed athletic contest or
entertainment event, unless the denied admission is due to the action or
omission of the purchaser; or
(3)
The ticket is not delivered to the purchaser in the manner described on the
website or pursuant to the delivery agreement made by the reseller, and such
failed delivery results in the purchaser´s inability to attend the ticketed
event.
(b)
If an athletic contest or entertainment event is canceled, the Internet website
shall not be liable for refunding reasonable handling fees and delivery charges,
provided that the Internet website´s refund guarantee discloses that such
fees and charges are nonrefundable.
(c)
A sponsor of an athletic contest or entertainment event or the owner, operator,
lessee, or tenant of the property upon which such contest or event is to be held
may revoke the license of a ticket holder to attend or be on such property due
to any action or omission by the purchaser of a secondary or resale
ticket."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.