SENATE BILL No. 1186

June 14, 2012, Introduced by Senator HUNE and referred to the Committee on Regulatory Reform.

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.