RESALE OF TICKETS

Unconsolidated Pennsylvania Statutes

AMUSEMENTS (Title 4)

RESALE OF TICKETS

§ 201. Definitions.
§ 202. Reselling of tickets; licenses.
§ 203. Application for license.
§ 204. Issuance of license.
§ 205. Bond.
§ 206. Non-assignability; non-transferability.
§ 207. Removal of office of licensee; notice.
§ 208. License year; renewal.
§ 209. License; hearings; revocation and suspension of licenses; appeals.
§ 210. Posting of license; price lists; records.
§ 211. Printing prices on tickets.
§ 211.1. Application of act.
§ 212. Resale; violation.
§ 213. Penalties; exemptions.
§ 214. Disposition of fees; forfeitures.
§ 215. Municipal ordinances superseded.

§ 201. Definitions.

The following words and phrases when used in this act shall have the meanings ascribed to them in this section:

"Amusement." All manner and forms of entertainment including among others theatrical or operatic performances, concerts, moving picture shows, vaudeville, circus, carnival and slide shows; all forms of entertainment at fair grounds, and amusement parks, athletic contests, including wrestling matches, boxing and sparring exhibitions, football and baseball games, skating, golfing, tennis, hockey, bathing, swimming, archery, shooting, riding, dancing and all other forms of diversion, sport, recreation or pastime, shows, exhibitions, contests, displays and games. "City." Any city of the first class. "Department." The Department of Revenue of the Commonwealth of Pennsylvania. "Established Price." The price fixed by the owner of any place of amusement for admission thereto, which must be stamped, printed or written on each ticket of admission. "Licensor." The county treasurer of each county of the second, third, fourth, fifth, sixth, seventh and eighth class, and the receiver of taxes in each city of the first class. "Owner." Any person who owns, operates or controls a place of amusement or who promotes or produces an amusement with the written contractual consent of the owner or operator of an amusement. "Place of Amusement." Any place indoors or outdoors where the general public or a limited or selected number thereof may upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places. "Producer." Any person who engages an act or amusement and puts on the show. "Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: All manner and forms of entertainment including among others theatrical or operatic performances, concerts, moving picture shows, vaudeville, circus, carnival and slide shows; all forms of entertainment at fair grounds, and amusement parks, athletic contests, including wrestling matches, boxing and sparring exhibitions, football and baseball games, skating, golfing, tennis, hockey, bathing, swimming, archery, shooting, riding, dancing and all other forms of diversion, sport, recreation or pastime, shows, exhibitions, contests, displays and games.
"City." Any city of the first class. "Department." The Department of Revenue of the Commonwealth of Pennsylvania. "Established Price." The price fixed by the owner of any place of amusement for admission thereto, which must be stamped, printed or written on each ticket of admission. "Licensor." The county treasurer of each county of the second, third, fourth, fifth, sixth, seventh and eighth class, and the receiver of taxes in each city of the first class. "Owner." Any person who owns, operates or controls a place of amusement or who promotes or produces an amusement with the written contractual consent of the owner or operator of an amusement. "Place of Amusement." Any place indoors or outdoors where the general public or a limited or selected number thereof may upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places. "Producer." Any person who engages an act or amusement and puts on the show. "Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: Any city of the first class.
"Department." The Department of Revenue of the Commonwealth of Pennsylvania. "Established Price." The price fixed by the owner of any place of amusement for admission thereto, which must be stamped, printed or written on each ticket of admission. "Licensor." The county treasurer of each county of the second, third, fourth, fifth, sixth, seventh and eighth class, and the receiver of taxes in each city of the first class. "Owner." Any person who owns, operates or controls a place of amusement or who promotes or produces an amusement with the written contractual consent of the owner or operator of an amusement. "Place of Amusement." Any place indoors or outdoors where the general public or a limited or selected number thereof may upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places. "Producer." Any person who engages an act or amusement and puts on the show. "Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: The Department of Revenue of the Commonwealth of Pennsylvania.
"Established Price." The price fixed by the owner of any place of amusement for admission thereto, which must be stamped, printed or written on each ticket of admission. "Licensor." The county treasurer of each county of the second, third, fourth, fifth, sixth, seventh and eighth class, and the receiver of taxes in each city of the first class. "Owner." Any person who owns, operates or controls a place of amusement or who promotes or produces an amusement with the written contractual consent of the owner or operator of an amusement. "Place of Amusement." Any place indoors or outdoors where the general public or a limited or selected number thereof may upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places. "Producer." Any person who engages an act or amusement and puts on the show. "Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: The price fixed by the owner of any place of amusement for admission thereto, which must be stamped, printed or written on each ticket of admission.
"Licensor." The county treasurer of each county of the second, third, fourth, fifth, sixth, seventh and eighth class, and the receiver of taxes in each city of the first class. "Owner." Any person who owns, operates or controls a place of amusement or who promotes or produces an amusement with the written contractual consent of the owner or operator of an amusement. "Place of Amusement." Any place indoors or outdoors where the general public or a limited or selected number thereof may upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places. "Producer." Any person who engages an act or amusement and puts on the show. "Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: The county treasurer of each county of the second, third, fourth, fifth, sixth, seventh and eighth class, and the receiver of taxes in each city of the first class.
"Owner." Any person who owns, operates or controls a place of amusement or who promotes or produces an amusement with the written contractual consent of the owner or operator of an amusement. "Place of Amusement." Any place indoors or outdoors where the general public or a limited or selected number thereof may upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places. "Producer." Any person who engages an act or amusement and puts on the show. "Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: Any person who owns, operates or controls a place of amusement or who promotes or produces an amusement with the written contractual consent of the owner or operator of an amusement.
"Place of Amusement." Any place indoors or outdoors where the general public or a limited or selected number thereof may upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places. "Producer." Any person who engages an act or amusement and puts on the show. "Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: Any place indoors or outdoors where the general public or a limited or selected number thereof may upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places.
"Producer." Any person who engages an act or amusement and puts on the show. "Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: Any person who engages an act or amusement and puts on the show.
"Promoter." Any person engaged by a producer to promote an amusement. "Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: Any person engaged by a producer to promote an amusement.
"Resale." The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner. "Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: The act of selling any ticket of admission by one party to another after an original sale to a party by an owner or an agent of an owner.
"Ticket." Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.: Any evidence of the right of entry to any amusement or place of amusement for admission to which a price is charged.

§ 202. Reselling of tickets; licenses.

(a) No person shall purchase with intent to resell, resell or engage in or continue in the business of reselling any tickets of admission, or any other evidence of the right of entry to any place of amusement, at a price higher than the marked ticket price fixed by the owners of such place of amusement, without having first obtained a license to so resell or engage in such business from the licensor of the county or city in which such person intends to conduct such business as hereinafter provided, and no person shall so resell or conduct such a business during any period of suspension or revocation of his license.

(b) An owner may reserve the right to sell again a ticket in case of default in payment of the purchase money by the purchaser.

§ 203. Application for license.

(a) In order that there may be uniformity throughout the Commonwealth in the application for and issuance of licenses, the Department of Revenue shall prepare and furnish to licensors, application forms and regulations prescribed by such department, pertinent to applications for and issuance of such licenses.

(b) Every applicant for a license to engage in such business shall file his written application with the licensor of the county or city in which he intends to conduct his business. Such application shall be made upon the forms and consistent with the regulations prescribed by the department.

(c) Every such application shall be accompanied by a fee of fifty dollars ($50), which shall be collected by the licensor for the use of the county or city for which such license is issued; the bond as hereinafter specified; a description of the location where the applicant proposes to conduct his place of business; and proof, satisfactory to the licensor, that the applicant is of good moral character and repute.

(d) If the applicant is an individual, his application shall show that the applicant is a citizen of the United States and has been a resident of this Commonwealth for at least one year immediately preceding his application. If the applicant is a corporation, the application shall show that the corporation was created under the laws of Pennsylvania, or holds a certificate of authority to transact business in Pennsylvania; that all its officers, directors and stockholders are citizens of the United States, and that its manager is a citizen of the United States.

(e) Every application by an individual shall set forth his address. If the applicant is an association, the application shall set forth the names and addresses of the persons constituting the association, and if a corporation, the names and addresses of the principal officers thereof.

(f) The application shall be signed and verified by affidavit of the applicant if a natural person, or, if an association, by a member or partner thereof, or, if a corporation, by an individual specifically authorized by the corporation to sign the application, to which shall be attached written evidence of his authority. If any false statement is intentionally made in any part of the application the affiant shall be deemed guilty of a misdemeanor and upon indictment and conviction shall be subject to the penalties provided by this act.

§ 204. Issuance of license.

Upon receipt of the application, fee and bond, and upon being satisfied that the applicant is of good moral character and repute, and that the location of the proposed place of business is suitable, and that the applicant has complied with all other necessary requirements, the licensor shall grant and issue a license to the applicant.

§ 205. Bond.

(a) No license shall be granted and issued to any applicant until he has filed with the licensor an approved bond, payable to the county or city in which such license is to be granted and issued, in the amount of one thousand dollars ($1,000). Such bond shall have as surety a duly authorized surety company.

(b) Every such bond shall be conditioined for the faithful observance of the provisions of this act and regulations of the department formulated hereunder. Every such bond shall be filed with and retained by the licensor and a record thereof made in alphabetical order, which record shall be open to public inspection. Every such bond shall be turned over to the district attorney of the proper county or to the city solicitor to be collected if, and when, the licensee's license shall have been revoked and his bond forfeited as provided in this act.

§ 206. Non-assignability; non-transferability.

No license issued under this act shall be assigned or transferred.

§ 207. Removal of office of licensee; notice.

(a) No change in the location of the place of business of any licensee covered by any license shall be made unless such licensee first obtains the approval of the licensor.

(b) When any licensee, holding an unexpired license issued pursuant to this act, having first obtained the approval of the licensor removes his place of business to a location other than that described in his license, but within the jurisdiction of the licensor, he shall within twenty-four hours immediately following such removal, give written notice to the licensor. Such written notice shall describe the premises to which such removal is made, the date on which it is made, and shall be accompanied by the license issued. Immediately upon receipt by the licensor of such notice and license he shall cause to be written or stamped across the face of such license a statement to the effect that the licensee therein described as removed on the date stated in such written notice from the place originally described in such license to the place described in such written notice and he shall then return the license with the endorsement thereon to the licensee therein described.

§ 208. License year; renewal.

Each license issued or granted shall expire on the thirty-first day of December following its issuance. Licenses shall be renewed upon the payment of a fifty dollar ($50) fee, annually.

§ 209. License; hearings; revocation and suspension of licenses; appeals.

[to be inserted]

§ 210. Posting of license; price lists; records.

[to be inserted]

§ 211. Printing prices on tickets.

The owner of every place of amusement shall, if a price be charged for admission thereto, cause to be plainly stamped or printed or written on the face of every ticket to be so used, the established price. Such owner shall likewise cause to be plainly stamped, printed or written on the face of each such ticket the maximum premium, which shall not exceed twenty-five (25 %) of the price of the ticket or the sum of five dollars ($5.00), whichever shall be more, plus lawful taxes, at which such ticket may be resold or offered for resale.

§ 211.1. Application of act.

The provisions of this act shall apply only to the sale and resale of those tickets or other devices for admissions to places of amusement within the Commonwealth of Pennsylvania.

§ 212. Resale; violation.

It shall be unlawful for any person to purchase with intent to resell, to resell or to offer to resell any such ticket at any price in excess of such maximum premium, plus the established price and lawful taxes as stamped, printed or written thereon.

§ 213. Penalties; exemptions.

(a) Every person who violates any provision of this act shall upon summary conviction thereof for the first offense be sentenced to pay a fine of not more than three hundred dollars ($300) and costs of prosecution, and in default of payment thereof shall undergo imprisonment for thirty (30) days; and for a second or subsequent offense shall be guilty of a misdemeanor of the second degree and upon conviction thereof shall be sentenced to pay a fine not to exceed five thousand dollars ($5,000), or to undergo imprisonment for a period not to exceed two (2) years, or both. If the violation shall be by a corporation, partnership or association, the officers and directors of such corporation, partnership or association, the officers and directors of such corporation, or the members of such partnership or association, its agents and employes, with guilty knowledge of the fact, shall be guilty and upon conviction shall be punished as herein before provided.

(b) The right of the licensor to suspend and revoke licenses granted and issued under this act shall be in addition to the penalties set forth in this section.

(c) Upon conviction of a violation of any provision of this act, the sentencing court shall impose upon and collect from the defendant a surcharge of fifty dollars ($50) in addition to an independent of any fine and cost imposed upon the defendant. The surcharge shall be paid into the city or county treasury for purposes of assisting the enforcement of this act.

(d) The provisions of this act shall not apply to fundraising activities performed by or on the behalf of the charitable organizations that qualify as an exempt organization under section 501(c) or 527 of the Internal Revenue Code of 1954 (68A Stat. 3, 26 U.S.C. § 501(c) or 527) or to political fundraising performed in accordance with the provisions of the act of June 3, 1937 (P.L. 1333, No. 320), known as the "Pennsylvania Election Code."

§ 214. Disposition of fees; forfeitures.

All fees and moneys accruing from bond forfeitures received or recovered under the provisions of this act shall be paid into the county or city treasury for the use of the county or city in which such license was issued.

§ 215. Municipal ordinances superseded.

This act shall supersede all municipal ordinances embracing the same subject matter: Provided, That this act shall not affect the rights of any licensee or licensor existing under nor bar any prosecution for a violation of any such ordinance prior to the effective date of this act.

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Resale of Tickets / Judiciary@att.net / last revised December 1999