Denver City Council Will Consider Removal of Internet Resale Ban
by Dan Pullium
The Denver Daily News reports that the Denver City Council will introduce legislation Monday, December 15, 2008, that would remove an ordinance that makes it illegal to sell tickets over the internet. The newspaper reports that Councilman Michael Hancock has been asked by industry leaders to permit internet sales in the City and County of Denver.
Brokers in Denver and throughout Colorado who are interested in the new resale ordinance should contact their local, Denver City Council members for more details and to express your opinion on these important changes to the local ordinance.
The full text of the proposal can be found below.
On August 20, 2008, the Denver City Council's Safety Committee discussed the ticket resale proposal. Watch the video. (Note: The ticket resale discussion is about 1 hour into the meeting. You can fast forward through the video to view just the ticket resale portion.)
The full text of Denver City Council Bill 720 is listed below.
BY AUTHORITY
ORDINANCE NO. _____ COUNCIL BILL NO. 720
SERIES OF _______
COMMITTEE OF REFERENCE:
SAFETY
A BILL
For an ordinance amending Article XII of Chapter 7 D.R.M.C. to except internet sales from the prohibition against re-selling certain tickets above face value (“scalping”)
BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:
Section 1. That Article XII of Chapter 7, D.R.M.C. shall be amended by adding the language underlined to read as follows:
ARTICLE XII. TICKETS
Sec. 7-291. Diagram of seats sold or offered for sale to be displayed.
Every person managing, conducting, or operating lawful exhibitions, athletic events, theatrical entertainments, motion picture theaters, or any and all other lawful amusements, shows, performances, or entertainments, to which the general public may gain admission by the payment of a fee or charge therefor, shall have marked and exhibited at the box office, ticket office, or other places where tickets are sold or offered for sale, at all times when such offices or other places are open for the sale or offering for sale of such tickets, a chart or diagram, plainly showing all the seats in such place and the price for which the same are to be sold; such chart or diagram shall, from time to time, as sales of reserved seats are made, be marked so as to show how many of the reserved seats have been sold for each event, entertainment, show, performance or exhibition for which tickets of admission thereto, of any kind, are then for sale.
Sec. 7-292. Marked to show price and date; notice of revocation.
(a) Every ticket of admission to any lawful exhibition, athletic event, theatrical entertainment, motion picture theater, or any and all other lawful shows, amusements, entertainments, or performances, to which the general public may gain admission by the payment of a fee or charge therefor, shall have conspicuously printed on its face the price thereof; the date for which the same is issued; the time of the commencement of said exhibition, athletic event, theatrical entertainment, motion picture or other show, amusement, entertainment, or performance; provided, however, that where a continuous performance is given during specified hours, it shall not be necessary to print the time of the commencement of any one (1) or more performances on any such ticket.
(b) On every such ticket, there shall also be printed a notice that such ticket is a revocable license and will not be recognized, honored, or received for admission to any such place if purchased from any broker, speculator, scalper, or other person at any price greater than the price printed thereon unless purchased over the internet.
Sec. 7-293. Tickets bought at a premium void.
(a) It shall be unlawful for any person conducting, operating, or managing any lawful exhibition, athletic event, theatrical entertainment, motion picture theater, or any other lawful show, amusement, entertainment, or performance to which the general public may gain admission by the payment of a fee or charge therefor to recognize, honor, or receive, and every agent or employee thereof shall refuse to recognize, honor, or receive, any ticket of admission to such place, purchased from any broker, speculator, scalper, or other person, at a premium over the regular price, upon presentation of the same, if such person has knowledge of the unlawful purchase of such ticket.
(b) If any notation appears on any such ticket, whether printed, stamped, or written, whereby a sale or purchase at a premium is indicated, the same shall be considered prima facie evidence of an unlawful sale and purchase thereof.
(c) This Section 7-293 shall not apply to tickets purchased over the internet.
Sec. 7-294. Sale of tickets at a premium unlawful.
(a) It shall be unlawful for any person to sell or offer to sell at a premium, or at a higher price than the price printed thereon, any ticket of admission to any lawful exhibition, athletic event, theatrical entertainment, motion picture theater, or any other lawful show, amusement, or performance to which the general public may gain admission by the payment of a fee or charge therefor.
(b) No person shall directly or indirectly sell, offer to sell, or consent to sell any such ticket of admission to any broker, speculator, scalper, or other person, regularly, occasionally, or incidentally engaged in the business of selling any such tickets of admission, or purchase such tickets of admission for resale at a price greater than that printed thereon.
(c) This Section 7-294 shall not apply to tickets purchased over the internet.
COMMITTEE APPROVAL DATE: December 3, 2008
MAYOR-COUNCIL DATE: December 9, 2008
PASSED BY THE COUNCIL __________________________________________________ 2008
__________________________________________ - PRESIDENT
APPROVED: _______________________________ - MAYOR ______________________ 2008
ATTEST: __________________________________ - CLERK AND RECORDER,
EX-OFFICIO CLERK OF THE
CITY AND COUNTY OF DENVER
NOTICE PUBLISHED IN THE DAILY JOURNAL _____________ 2008; ________________2008
PREPARED BY: David W. Broadwell, Asst. City Attorney; DATE: December 9, 2008
Pursuant to section 13-12, D.R.M.C., this proposed ordinance has been reviewed by the office of the City Attorney. We find no irregularity as to form, and have no legal objection to the proposed ordinance. The proposed ordinance is not submitted to the City Council for approval pursuant to § 3.2.6 of the Charter.
David R. Fine, City Attorney
BY: _____________________, ________City Attorney
DATE: __________________
Disclaimer: Nothing in this Newsletter should be interpreted as legal advice. This is information only, and TicketNetwork recommends you speak with your lawyer and/or accountant for specific legal advice.
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