CROSS REFERENCES
Power to regulate, RC 715.48
As used in this chapter:
(a) "Ticket broker" means any person, firm or corporation engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in tickets of admission, or any other evidence of right of entry to a theater, place of amusement or entertainment, or other place where public exhibitions, games, contests or performances are held within the City, at a price greater than the price printed on the ticket, or procuring or reserving theater or amusement admissions for a fee or compensation in addition to such box office price.
(b) "Engaged in conducting, managing or carrying on the business of ticket broker" means the sale of two or more tickets of admission or other evidence of right of entry to, or the procuring or reserving of two or more admissions to any of the places of amusement set forth in the definition of ticket brokers, within any calendar year.
(Ord. No. 2092-99. Passed 3-27-00, eff. 4-6-00)
This chapter shall not apply to sales of tickets of admission to the places described in Section 698.01 that are made on the internet.
(Ord. No. 957-06. Passed 6-12-06, eff. 6-16-06)
No person, firm or corporation shall engage in the business of ticket broker in the City unless licensed as provided in this chapter.
(Ord. No. 1290-A-43. Passed 10-22-45)
Application for license as ticket broker shall be filed with the Commissioner of Assessments and Licenses upon forms to be furnished by him. Such application shall contain the name and address of the applicant, and if a corporation the full and accurate corporate name, when and where incorporated, name of county where certificate has been filed and date of filing, principal place of business, full name and address of corporate officers, and if a partnership, the names and addresses of the members thereof, and if the applicant conducts business under a trade name, the full and complete trade name, and the name and address of the person or persons doing business under such trade name. Such application shall give the proposed location or locations where the business is to be carried on. The application must contain references of at least two reputable residents of the City as to the character of the applicant and such other information as the Commissioner shall prescribe.
(Ord. No. 1290-A-43. Passed 10-22-45)
No license shall be issued unless and until the applicant has filed with the Director of Finance a bond of one thousand dollars ($1,000) to be approved by the Director of Law as to form and surety, which bond shall be conditioned upon the faithful observance of the provisions of the ordinances of the City and laws of the State relating to the business of ticket broker or applicable thereto. Such bond shall contain a further provision that the applicant will pay all final judgments recovered against him by reason of any damage sustained on account of the violation of such ordinances or laws or because of any misrepresentation or deception which may have been practiced on the person securing such judgment by the licensee for or on account of the business so licensed. The bond shall further provide for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, and that the surety shall be obliged to give ten days' notice in writing to the Commissioner of Assessments and Licenses before cancellation.
(Ord. No. 1290-A-43. Passed 10-22-45)
Upon the posting of the bond required by Section 698.04 and payment of a fee of one hundred dollars ($100.00) per year for the first or principal location and twenty-five dollars ($25.00) per year for each additional location, the Commissioner of Assessments and Licenses shall issue a license. All such licenses shall be for the period of one year and shall expire on August 31 next following the date of issuance and there shall be no rebate for any lesser time. Each license shall contain the name under which the business is to be conducted and the name of the person to whom issued. The license shall not be transferable and the business shall be conducted only at the location or locations specified in the license. The license shall be conspicuously exhibited upon the premises licensed thereunder.
(Ord. No. 1290-A-43. Passed 10-22-45)
The Commissioner of Assessments and Licenses, and any person or persons designated by him, and every police officer shall enforce the following regulations:
(a) There shall be conspicuously posted and at all times displayed prominently at the location licensed, a price list showing the price charged by the person, firm or corporation owning, operating or controlling the theater, place of amusement or entertainment, or the place where the public exhibition, game, contest or performance for which a ticket is being sold by such licensee, together with the price being charged by such licensee for the resale of such ticket so that all persons visiting such place may readily see the same. The licensee shall also on request, furnish each purchaser of a ticket with a receipt showing the same information.
(b) No licensee shall pay to any officer or employee of any theater or place of amusement or entertainment or other place where public exhibitions, games, contests or performances are held, or to any producer or manager or employee of any theatrical or other exhibition or theatrical company, any commission, gratuity or bonus in connection with the sale, delivery or payment of tickets or in connection with the business being done by such licensee in tickets of admission to such places.
(Ord. No. 961-08. Passed 7-2-08, eff. 7-7-08)
Any false or misleading statement made in an application for a license, or in any advertising, or orally by any officer, agent or employee of the licensee, made in furtherance of the business of the licensee, shall render the license issued to such licensee null and void and shall forfeit to the City the license fee paid in addition to the penalties otherwise provided.
(Ord. No. 1290-A-43. Passed 10-22-45)
The Commissioner of Assessments and Licenses shall have the power, upon complaint of any resident or on his own initiative, to investigate the business, business practices and business methods of any such licensee, if in the opinion of such Commissioner such investigation is warranted. Each such licensee shall be obligated at the request of the Commissioner to furnish such information as may be required concerning his business, business practices or business methods, and the Commissioner may put under oath and command answers to any questions pertaining to such investigation from any and all persons who may be connected in any manner with the business of the licensee for the transaction or transactions which constitute the subject of the investigation.
(Ord. No. 1290-A-43. Passed 10-22-45)
The Commissioner of Assessments and Licenses may, at any time, cite the holder of a license to appear before him and show cause why such license should neither be revoked or suspended because of failure to comply with the terms of any of the laws or ordinances relating to the business so licensed, but no order of suspension or revocation made by the Commissioner shall become operative until the effective time for filing an appeal from such order has elapsed, and the filing of such appeal shall further serve to stay such order until final decision is rendered by the Board of Zoning Appeals, established pursuant to Charter Section 76-6. In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such refusal or order or revocation or suspension to the Board.
(Ord. No. 1290-A-43. Passed 10-22-45)
Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor of the fourth degree and fined not more than two hundred and fifty dollars ($250.00), or imprisoned not more than 30 days, or both, for the first offense. Whoever violates any of the provisions of this chapter within two years of the first conviction hereunder shall be guilty of a misdemeanor of the second degree for a second or subsequent offense and shall be fined not more than seven hundred and fifty dollars ($750.00), or imprisoned not more than 90 days, or both. Each day's violation constitutes a separate offense.
(Ord. No. 2092-99. Passed 3-27-00, eff. 4-6-00)