SB 312: "An Act relating to the promotion of live public events for which tickets are sold in advance."
00 SENATE BILL NO. 312 01 "An Act relating to the promotion of live public events for which tickets are sold in 02 advance." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010(11) is amended to read: 05 (11) regulation of covered event [CONCERT] promoters under 06 AS 08.92; 07 * Sec. 2. AS 08.92.010 is amended to read: 08 Sec. 08.92.010. Registration required. A person may not engage in the 09 business of promoting a covered event [CONCERTS] in the state without a valid 10 promoter's certificate of registration issued by the department. To remain valid, a 11 certificate of registration must be renewed on a date set by the department. 12 * Sec. 3. AS 08.92.020(a) is amended to read: 13 (a) An applicant for a promoter's certificate of registration shall pay the fees 14 [AN ORIGINAL REGISTRATION FEE] established by regulations adopted under
01 AS 08.01.065. 02 * Sec. 4. AS 08.92.030 is amended to read: 03 Sec. 08.92.030. Cash [BOND OR CASH] deposit or trust account 04 required. A promoter [OF CONCERTS] shall, at the time of applying for a certificate 05 of registration, (1) file with the department a [SURETY BOND OR AN 06 EQUIVALENT] cash deposit in the amount of $5,000, or (2) [. AS AN 07 ALTERNATIVE TO THE BOND OR CASH DEPOSIT, A PROMOTER MAY] 08 deposit $5,000 in a trust account in a bank or [,] savings and loan association, or with 09 a licensed escrow agent, [50 PERCENT OF THE ADVANCE TICKET RECEIPTS 10 ACCUMULATED FOR EACH CONCERT PROMOTED,] and provide the 11 department with the number and location of the [TRUST OR] escrow account. The 12 [BOND,] cash deposit [,] or account must [SHALL] be conditioned upon the 13 promoter providing ticket refunds within 30 [10] days after the scheduled date of a 14 covered event [CONCERT] that [WHICH] is cancelled due to any cause. The state, 15 on behalf of a ticket holder, or a ticket holder directly, may bring an action on the 16 [BOND,] cash deposit [,] or account. 17 * Sec. 5. AS 08.92.035 is amended to read: 18 Sec. 08.92.035. Refund caption required. Tickets for a covered event 19 [CONCERTS] subject to the provisions of this chapter shall be printed with the name 20 and business address of the promoter and the following caption: "In the event of the 21 cancellation of the event [CONCERT CANCELLATION], refunds will be available 22 at the above location between the hours of 9:00 a.m. and 5:00 p.m. for a period of 30 23 [10] days after the scheduled date of the event [CONCERT]." 24 * Sec. 6. AS 08.92 is amended by adding a new section to read: 25 Sec. 08.92.045. Verification of registration or exemption. A person who 26 owns or manages the site where a covered event will occur shall, before the promoter 27 of the covered event sells a ticket to the event, verify that the promoter has a valid 28 promoter's certificate of registration issued under this chapter or is exempt from this 29 chapter under AS 08.92.070. 30 * Sec. 7. AS 08.92.060(b) is amended to read: 31 (b) Retention of ticket receipts after the 30th [10TH] day following the
01 scheduled date of a covered event [CONCERT] that has been cancelled is presumed 02 to be fraud against ticket purchasers. A promoter who fails to refund the purchase 03 price of a ticket to a covered event that [CONCERT WHICH] has been cancelled and 04 retains the ticket receipts after the 30th [10TH] day following the scheduled event 05 [CONCERT] that has been cancelled is guilty of 06 (1) a misdemeanor, if ticket receipts retained are $1,000 or less, and 07 upon conviction is punishable by a fine of not more than $5,000, or by imprisonment 08 for not more than one year, or by both; 09 (2) a felony, if ticket receipts retained are more than $1,000, and upon 10 conviction is punishable by a fine of not more than $10,000, or by imprisonment for 11 not more than five years, or by both. 12 * Sec. 8. AS 08.92.070 is amended to read: 13 Sec. 08.92.070. Exemption. The provisions of this chapter do not apply to a 14 covered event [CONCERTS] promoted, organized, or produced 15 [(1)] by a nonprofit corporation, society, or group that has qualified for 16 nonprofit status under 26 U.S.C. 501(c)(3) (Internal Revenue Code) if all of the 17 proceeds from the covered event go to the nonprofit corporation [SEC. 501(c)(3) 18 OF THE INTERNAL REVENUE CODE (26 U.S.C. 501(c)(3)); 19 (2) BY A PROMOTER FOR PRESENTATION WITHIN A 20 MUNICIPALITY HAVING A POPULATION OF LESS THAN 10,000 PERSONS]. 21 * Sec. 9. AS 08.92.090(3) is amended to read: 22 (3) "promoter" means a person who produces, stages, contracts for, 23 organizes, and arranges a covered event [CONCERT] for purposes of profit whether 24 engaged full time or part time in the business of booking or hiring covered events 25 [CONCERTS]. 26 * Sec. 10. AS 08.92.090 is amended by adding a new paragraph to read: 27 (4) "covered event" means a live event that is open to the public through the 28 purchase of a ticket and for which tickets may be purchased in advance; "covered event" 29 includes an athletic event, a concert, an exhibition, a rodeo, and a dramatic performance. 30 * Sec. 11. AS 08.92.020(b) and 08.92.090(1) are repealed.