HOUSE BILL No. 5827

 

August 15, 2012, Introduced by Rep. Cotter and referred to the Committee on Government Operations.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 465 (MCL 750.465) and by adding section 465b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 465. (1) The owner, lessee, operator, or manager of each

 

theatre, circus, athletic grounds used for an athletic game, or

 

place of public entertainment or amusement shall have printed on

 

each ticket issued for admission to, or for a seat of, the theatre,

 

circus, athletic grounds, or place of public entertainment or

 

amusement, in conspicuous type, the price of the ticket, and the

 

number on the seat when each seat is if the seats are numbered. The

 

owner, lessee, operator, or manager also shall print or endorse on

 

the ticket the charge in excess of the box office price at which

 

the ticket is sold if the ticket is purchased at a location other

 


than the box office where the event occurs and the following

 

statement: "This ticket may be purchased at the box office price

 

without the surcharge by purchasing the ticket at the box office

 

where the event is scheduled to occur."

 

     (2) A person owning, occupying, managing, or controlling a

 

building, room, park or enclosure for the sale of tickets for a

 

theatre, circus, athletic game, or place of public entertainment or

 

amusement, who asks, demands, or receives from a person for the

 

sale of the ticket to a theatre, circus, athletic grounds, or place

 

of public entertainment or amusement, a price in excess of the

 

general admission advertised or charged for the same privilege, or

 

a person, who by himself or herself or his or her agent or

 

employee, offers for sale upon in a public place or thoroughfare on

 

a street or highway, a ticket to a theatre, circus, athletic

 

grounds, or place of public entertainment or amusement, for

 

admission to, or for a seat or other privilege in a theatre,

 

circus, athletic grounds, or place of public entertainment or

 

amusement, at a price in excess of that demanded or received from

 

the general public for the same privilege, or in excess of the

 

advertised or printed rate, shall be punished as provided in

 

subsection (6), except if the request, demand, or receipt is with

 

the written permission of the owner, lessee, operator, or manager

 

of the theatre, circus, athletic grounds, or place of public

 

entertainment or amusement where the event occurs. If the owner,

 

lessee, operator, or manager permits, in writing, a charge in

 

excess of the box office price, the permission shall be limited to

 

the sales of tickets at locations other than the box office where

 


the event occurs. This subsection does not apply to a sale or

 

resale of an event ticket that is subject to the event tickets act.

 

     (3) Except as provided in subsections (1) and (2), a person

 

shall not establish an agency or suboffice for the sale of a seat

 

ticket of admission to a theatre, circus, athletic grounds, or

 

place of public entertainment or amusement at a price greater than

 

the sale of a seat ticket at the box office of the theatre, circus,

 

athletic grounds, place of public entertainment or amusement, or in

 

excess of the advertised price of the seat ticket. This subsection

 

does not apply to a sale or resale of an event ticket that is

 

subject to the event tickets act.

 

     (4) Except as provided in subsections (1) and (2), the owner,

 

lessee, operator, or occupant of a building, room, enclosure, or

 

other place open to the public, who permits a person to sell or

 

exhibit for sale in the building, room, enclosure, or other place

 

open to the public, 1 or more tickets for a theatre, circus,

 

athletic grounds, or place of public entertainment or amusement,

 

for more than the price printed on the ticket, shall be liable and

 

guilty equally as the person. This subsection does not apply to a

 

sale or resale of an event ticket that is subject to the event

 

tickets act.

 

     (5) If the owner, lessee, operator, or manager of a circus,

 

theatre, athletic grounds, or place of public entertainment or

 

amusement has sold a ticket or admission to a person, under

 

restrictive conditions and at a less rate than the general

 

admission charged, and whose name appears on the face of the ticket

 

or is registered in the office of the owner, lessee, operator, or

 


managers as the holder of the ticket and if it is printed on the

 

face of the ticket that the ticket is nontransferable and sold only

 

to the person whose name appears on the face of the ticket or is

 

registered, the holder of the ticket shall not sell the ticket to

 

another person, and a person selling the ticket shall be punished

 

as provided in subsection (6). This subsection does not apply to a

 

sale or resale of an event ticket that is subject to the event

 

tickets act.

 

     (6) A person who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $500.00, or both.

 

     (7) As used in this section, "event ticket" means that term as

 

defined in section 3 of the event tickets act.

 

     Sec. 465b. (1) A person that intentionally uses or sells

 

software to circumvent a security measure or access control system,

 

or a control or measure that is used to ensure an equitable buying

 

process for event tickets, on a ticket issuer's website, is guilty

 

of a misdemeanor punishable by imprisonment for not more than 93

 

days or a fine of not more than $500.00, or both.

 

     (2) As used in this section:

 

     (a) "Event ticket" means that term as defined in section 3 of

 

the event tickets act.

 

     (b) "Software" means a computer program that is primarily

 

designed or produced for the purpose of interfering with the

 

operation of a ticket issuer that sells event tickets over the

 

internet.

 

     (c) "Ticket issuer" means that term as defined in section 3 of

 


the event tickets act.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5828(request no.

 

01478'11 **) of the 96th Legislature is enacted into law.