25.07 - Ticket prices.

* § 25.07. Ticket   prices.   1.   Every   operator   of  a  place  of  entertainment shall, if a price be charged for admission thereto,  print  or endorse on the face of each such ticket the established price, or the  final auction price if such ticket was sold or resold by auction through  the operator or its agent.    2.  Notwithstanding  any  other  provision of law, any person, firm or  corporation, regardless of whether or not licensed under  this  article,  that  resells  tickets  or  facilitates  the resale or resale auction of  tickets between independent parties by any means, must guarantee to each  purchaser of such resold tickets that the person,  firm  or  corporation  will  provide  a  full  refund  of  the  amount  paid  by  the purchaser  (including,  but  not  limited  to,  all   fees,   regardless   of   how  characterized)  if  any of the following occurs: (a) the event for which  such ticket has been resold is cancelled, provided that if the event  is  cancelled then actual handling and delivery fees need not be refunded as  long  as  such  previously  disclosed guarantee specifies that such fees  will not be refunded; (b) the ticket received by the purchaser does  not  grant  the purchaser admission to the event described on the ticket, for  reasons that  may  include,  without  limitation,  that  the  ticket  is  counterfeit  or  that the ticket has been cancelled by the issuer due to  non-payment, or that the event described on the ticket was cancelled for  any reason prior to purchase of the resold ticket, unless the ticket  is  cancelled due to an act or omission by such purchaser; or (c) the ticket  fails  to  conform to its description as advertised unless the buyer has  pre-approved a substitution of tickets.    3. Prior to the payment of a refund it shall be the obligation of  the  seller  and  purchaser  to  first make a good faith effort to remedy any  disputes where the seller and purchaser have agreed to terms established  by the licensee or website manager for the disposition of disputes as  a  condition to facilitate the transaction.    * NB Effective until May 16, 2011    * § 25.07. Bond.  The  commissioner  shall require the applicant for a  license to file with the application therefor a bond in due form to  the  people  of  the political subdivision in which such license is issued in  the penal sum of one thousand  dollars,  with  two  or  more  sufficient  sureties  or  a  duly  authorized  surety  company,  which bond shall be  approved by such commissioner. Each such bond shall be conditioned  that  the  obligor  will  not  be  guilty  of any fraud or extortion, will not  violate directly or indirectly any of the provisions of this article  or  any of the provisions of the license or certificate provided for in this  article,  will  comply  with the provisions of this article and will pay  all damages occasioned to any person  by  reason  of  any  misstatement,  misrepresentation,  fraud  or  deceit or any unlawful act or omission of  such obligor, his agents or employees, while acting within the scope  of  their  employment,  made,  committed  or  omitted in connection with the  provisions of this article in the business conducted under such  license  or  caused  by  any  other  violation of this article in carrying on the  business for which such license is granted. Such commissioner shall keep  books wherein shall  be  entered  in  alphabetical  order  all  licenses  granted  and  all bonds received by him as provided for in this article,  the date of the issuance of such license and the filing of  such  bonds,  which  record  shall  be open to public inspection. A suit to recover on  the bond required to be filed by the provisions of this article  may  be  brought  in the name of the person damaged, upon the bond deposited with  the political subdivision  by  such  licensed  person,  in  a  court  of  competent  jurisdiction.  The amount of damages claimed by the plaintiff  and not the penalty named in the bond shall determine  the  jurisdiction  of  the  court in which the action is brought. One or more recoveries orpayments upon such bond shall not vitiate the same but such  bond  shall  remain  in  full force and effect, provided, however, that the aggregate  amount of all such recoveries or payments shall not exceed the penal sum  thereof.  Upon  the  commencement  of  any action or actions against the  surety upon any such bond for a sum or sums aggregating or exceeding the  amount of such bond the commissioner shall require a new and  additional  bond  in  like amount as the original one, which shall be filed with the  commissioner within thirty days after the demand  therefor.  Failure  to  file  such  bond  within  such  period  shall  constitute  cause for the  revocation of the license theretofore issued to the licensee  upon  whom  such  demand shall have been made. Any suit or action against the surety  on any bond  required  by  the  provisions  of  this  section  shall  be  commenced within one year after the cause of action shall have accrued.    * NB Effective May 16, 2011