No person shall sell, offer to sell, resell or offer to resell in the City of Bonner Springs, Kansas, any ticket of admission to a public event for a price that exceeds the price originally printed on the ticket. If a seller of a ticket requires, as a precondition of the resale of a ticket, the purchase or rental of other goods or services at a price in excess of the fair market value of such goods or services, the excess amount shall be deemed a part of the ticket price.

(a)   No person shall sell, offer to sell, resell or offer to resell a ticket in violation of restrictions upon transfer of the ticket

(b)   It shall be unlawful for any person knowingly to sell, resell, or offer to resell any purported ticket of admission to a public event that has been forged, falsified, or counterfeited.

(c)   As used in this ordinance:

(1)   “Person” is any individual, firm, corporation, partnership, limited liability partnership or other business entity.

(2)   “Public Event” is any musical or theatrical performance, concert, exhibit, exhibition, sporting, athletic, or racing event that is open to the general public.

(3)   “Ticket” is any printed or electronic medium of admission or right of entry to a public event.

(4)   “Counterfeiting” is intentionally manufacturing, using, displaying, advertising, distributing, offering for sale, selling or possessing with intent to sell or distribute any item or services bearing or identified by a counterfeit mark defined as the unauthorized reproduction or copy of a trademark, service mark or trade name as defined by State statute. (d) Nothing in this Section is intended to, nor shall it be deemed to, prohibit a ticket seller from collecting a reasonable service charge in addition to the price printed on the ticket; provided, the service charge may not exceed the charge that is usual and customary for the industry, the ticket seller must have prior, written authorization from the event sponsor to assess the service charge, and the sale must not otherwise violate restrictions upon transfer of the ticket.

(e)   Any person who violates item (a) shall, upon a first offense, be fined $250 or incarcerated for up to five (5) days, or both. A person who within five (5) years of a violation of item (a) again violates this Section shall, upon conviction, be fined $500 or incarcerated for up to one month, or both.

(f)   A person who violates item (b) shall, upon a first offense be fined $1,000 or incarcerated for up to one month, or both. A person who within five (5) years of a violation of item (b) again violates such item shall, upon conviction, be fined $2,500 or incarcerated for up to six (6) months, or both.

(g)   For sentencing purposes, the sale, attempted sale, resale or attempted resale of each ticket in violation of Section (a) or (b) constitutes a separate offense.

(Ord. 1963)