130th Ohio General Assembly
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S. B. No. 347  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 347


Senator Kearney 

Cosponsors: Senators Roberts, Smith, Morano 



A BILL
To amend section 1333.99 and to enact section 1333.58 of the Revised Code to regulate the sale of entertainment, sporting, or amusement event tickets.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1333.99 be amended and section 1333.58 of the Revised Code be enacted to read as follows:
Sec. 1333.58.  (A) As used in this section:
(1) "Event provider" means an artist, entertainer, promoter, team, league, or venue, or any agent thereof.
(2) "Season ticket" means a ticket or tickets of admission, to any series of entertainment, sporting, or amusement events, which grants the holder admission to five or more such events over a defined period of time.
(B) An event provider shall have printed on each ticket of admission to any entertainment, sporting, or amusement event, in conspicuous type, the price of the ticket. No person shall sell, resell, or offer to sell or resell such ticket at a price in excess of the price printed on the ticket, plus a reasonable order-processing fee and lawful taxes.
(C) Except as provided for in division (D) of this section, no event provider shall withhold from public sale, or distribute to any person or organization in a manner that prevents such tickets from being available for public purchase, more than one-fourth the total quantity of tickets of admission to, or for a seat at, any entertainment, sporting, or amusement event.
(D) No event provider shall withhold from public sale, or distribute to any person or organization in a manner that prevents such tickets from being available for public purchase, more than one-half the total quantity of season tickets that will be made available for purchase. Any ticket for an individual entertainment, sporting, or amusement event that is withheld from public sale to be sold as part of a season ticket, which is not subsequently sold as part of a season ticket, must be made available for purchase from the public.
(E) No event provider, or employee or agent of an event provider, shall accept compensation of any kind from a person in exchange for providing a person with the opportunity to purchase or acquire a ticket of admission to any entertainment, sporting, or amusement event prior to such tickets of admission becoming available for public purchase, or in a manner that prevents such tickets from being available for public purchase. A quantity of tickets not to exceed one-fourth the total quantity of tickets of admission to, or for a seat at, an individual entertainment, sporting, or amusement event, and a quantity of season tickets not to exceed one-half the total quantity of season tickets, which pursuant to divisions (C) and (D) of this section may be withheld from public sale or distributed to a person or organization, are exempt from the prohibition of this division.
(F) This section does not apply to any event at a public or nonpublic primary or secondary school or educational institution, to any event at a public or nonpublic institution of higher education, or any event for which less than five hundred tickets, or any other evidence of right of admission, are offered for sale.
Sec. 1333.99.  (A) Whoever violates sections 1333.01 to 1333.04 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1333.12 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 1333.36 of the Revised Code is guilty of a misdemeanor of the third degree.
(D) A prosecuting attorney may file an action to restrain any person found in violation of section 1333.36 of the Revised Code. Upon the filing of such an action, the common pleas court may receive evidence of such violation and forthwith grant a temporary restraining order as may be prayed for, pending a hearing on the merits of said cause.
(E) Whoever violates division (A)(1) of section 1333.52 or section 1333.81 of the Revised Code is guilty of a misdemeanor of the first degree.
(F) Whoever violates division (A)(2) or (B) of section 1333.52 of the Revised Code is guilty of a misdemeanor of the second degree.
(G) Except as otherwise provided in this division, whoever violates section 1333.92 of the Revised Code is guilty of a misdemeanor of the first degree. If the value of the compensation is five hundred dollars or more and less than five thousand dollars, whoever violates section 1333.92 of the Revised Code is guilty of a felony of the fifth degree. If the value of the compensation is five thousand dollars or more and less than one hundred thousand dollars, whoever violates section 1333.92 of the Revised Code is guilty of a felony of the fourth degree. If the value of the compensation is one hundred thousand dollars or more, whoever violates section 1333.92 of the Revised Code is guilty of a felony of the third degree.
(H) Whoever violates section 1333.58 of the Revised Code is guilty of a felony of the fifth degree.
Section 2.  That existing section 1333.99 of the Revised Code is hereby repealed.
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