HOUSE BILL No. 5885

 

September 12, 2012, Introduced by Rep. Geiss 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).

 

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 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 a public place or thoroughfare, 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), (7), 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 both of the following:

 

     (a) The sales of tickets at locations other than the box

 


office where the event occurs.

 

     (b) The sale of tickets for not more than 10% more than the

 

box office value printed on the face of the ticket.

 

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

 

shall not establish an agency, or suboffice, or internet website

 

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.

 

     (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 shall not permit 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.

 

     (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).

 

     (6) A person who owns or operates an internet website that

 

offers for sale a ticket or admission to an event described in this

 

section shall post on the website both the sale price of the ticket

 

or admission and the box office price of that ticket or admission.

 

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

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

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