A Utah state representative has introduced an anti-scalping bill to the Utah House of Representatives, for consideration during its upcoming legislative session, January 25 – March 11.
H.B. 76, sponsored by Democrat Lynn Hemingway, would make ticket scalping in the state of Utah a Class C misdemeanor. In Utah, a Class C misdemeanor is an offense punishable by up to 90 days in jail and a fine of up to $750.
Currently, there are no laws on the books governing ticket resale in Utah.
The proposed bill defines scalping as selling a ticket to an event at a price greater than that listed on the ticket or the license of admission, as well as any applicable tax. The bill would also mandate that service charges cannot exceed the greater of $10 or 15 percent of the ticket price. Each sale of a ticket, or attempted sale of a ticket, that falls under this definition is a separate offense.
“This is something that a constituent talked to me about and something that I thought was somewhat important in trying to keep ticket prices down for different types of entertainment,” Rep. Hemingway told TicketNews.
A nearly identical bill was introduced to the Utah House of Representatives in 1998. Sponsored by Rep. Jordan Tanner (R), that bill passed the House Revenue and Taxation Standing Committee but was killed on the House floor.
Referring to that attempt, Bob Hunt, CEO of Utah based brokerage Premier Tickets, told TicketNews, “Every ten years they try to pass the same bill in Utah.” He said that, on his part, there’s nothing to be done as of yet; should the bill gain leverage in the House, then, “I’ll get active.”
Given the history of anti-scalping legislation in Utah, the question of, Why this bill now, seems a valid one. Rep. Hemingway acknowledged that he’s not sure if the time is right for this bill, while Hunt pointed towards the uproar over Miley Cyrus concert tickets as a possible motive for introducing the bill. Tickets for Cyrus’s 2008 Hannah Montana tour sold out in minutes in some markets, including those based in Utah, and were resold for well over their face value.
The bill also would seem to face some difficulty due to the difficulty of applying a state law to internet brokers who may not reside in that state. This question was brought up by Ken Solky, President of the National Association of Ticket Brokers, which represents the interest of ticket brokers.
“There’s always the interesting question about whether a misdemeanor ordinance like this would reach into other jurisdictions and how it would effect the sale of a ticket for somebody outside the jurisdiction,” Solky told TicketNews. “Why punish somebody who resides there or does business there yet allow somebody else in another jurisdiction to legally sell the ticket?”
Hemingway does not seem to be deterred from trying to improve what he sees as a flawed situation. “What I want to do,” he said, “is bring this to a discussion and see how far we can get with it.”
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YOU JERK THE COUNTRY IS IN RUINS AND YOU WANT TO ARREST PEOPLE FOR TICKET BROKERING
I mean seriously, who cares? That state is worthless to all brokers!
The only states more worthless to brokers are Alaska, Hawaii, Montana, and Idaho…. I mean seriously?!? What made the politicians do this one??? Is it for the three major concerts they get each year???? Those shows still don’t sell out. Look at two of the biggest names in the business, Billy Joel and Elton John…. They go to Utah… and no one cared, the show didn’t even sell out. In fact, the ONLY act I have EVER seen sell out in Utah was Hannah Montana.
They are still upset over Hannah Montana? Are they for real? The only concert that has sold out in Utah for as long as anyone can remember, and they can’t handle people selling those tickets for more than face value? Funny how they either ignore or are too stupid to realize that 99% of the events held in Utah end up selling for way under face value. There are too many clowns running this country.
Love these anonymous statements…why cant people on this site identify themselves
The Utah Jazz play here…….in Salt Lake City.. and if you look at NBA attendance
records for the last 25 years the Utah Jazz are always at the the top of renewals
and leaders in attendance. As far as show selling out…what does that matter….
Yea…a show doesnt sell out big…deal…most of my customers want great seats…
regardless if the show is sold out……so Utah is an important state and we as
tickets brokers should be concerned about any state. that wants to pass a law.
Thanks Bob Hunt Premier Tickets
Buy low and sell high. It is the American way. If you stop ticket brokers you need to stop auto dealers, grocery stores etc. ………… why pick on the ticket brokers?
I wouldn’t go throwing around statistics that you no nothing about. I have worked for a venue, and we always had people scalping tickets for WAY over face value. Even on shows that aren’t sold out. Ticket “brokers” are pretty deceitful with their web sites. They constantly lead people to believe that shows are sold out and are always giving false information. I am not even against scalping tickets, but I still don’t agree with your statement.
Brokers, or calling a spade a spade, Scalpers suck up artificially inflated market value they didn’t even create.
It’s the producers and talent who market the show (although, let’s face it – they get their cut of scalping too)and the ticketer carries all the physical costs. Profiting from the efforts of others isn’t capitalism – it’s carpetbagging.
Screw the scalpers. They’re getting what they deserve. Hope the law passes and they all get fined. Or better yet, get shut down.