[Adopted 4-22-1981 by Ord. No. 4-81]
The within article shall be known by its short
title as the "Eatontown Ticket Sales Ordinance."
The terms of this article are defined as follows:
Theaters, museums, stadiums or other places where performances,
exhibits, games or contests are held for which an entry fee is charged,
regardless of the location of the event or entertainment.
Any person or ticket agent who sells a ticket for an amusement
higher than the box office price of said ticket.
Any person who is involved in the business of selling tickets
of admission to places of public entertainment. (Exception: This shall
not apply to any individual selling or offering to sell or dispose
of his tickets which were purchased for his or his family's personal
use for the same price or less than he originally paid for said tickets.)
Any piece of paper or other evidence which indicates the
bearer has paid for and has been granted the privilege of entry to
a place of public entertainment.
Any ticket entitling the holder to the use of a reserved
seat or general admission in or on any theater, athletic field or
other place of amusement or entertainment.
Any person, corporation or other business entity
who engages in the business of selling tickets of admission or who
is a ticket agent or seller shall be required to obtain a business
mercantile license pursuant to the provisions of the ordinances of
this Borough. Prior to obtaining a license to conduct this type of
business, the applicant must submit to a thorough background check
to include business references, personal references and criminal history.
The applicant may be denied a business permit upon recommendation
of the Chief of Police for cause, based on information obtained from
a background investigation.
Ticket sellers and/or ticket agents will only
be allowed to conduct their business from a licensed address of record
located within the Borough of Eatontown. A post office box address
will not be allowed in the obtaining of a business license.
A.
Any ticket agent who has any ticket for sale at a
price in excess of the price printed on such ticket shall conspicuously
post and display on a sign a price list of the tickets he has for
sale, showing the ticket prices printed on the ticket and prices being
charged by the ticket agent.
B.
At the time that the ticket sale is consummated by
the payment of moneys to ticket agent or seller, the purchaser must
be provided with either the ticket or a receipt of moneys paid which
will detail the date and purchase price to include moneys transferred,
detailing whether payment has been made in full or whether moneys
are still owed.
All ticket agents or sellers who sell tickets
of admission for an amount equal to or greater than the price printed
on the ticket plus $3 must keep an accurate record of all tickets
sold, listing the date of sale, the purchaser's name and address and
the event that the ticket was purchased for. These records will be
open for police inspection upon request and shall be maintained for
six months after the date of the performance.
A.
All ticket agents or sellers must refund all moneys
received, except a handling fee of $3, for any ticket of admission
for any event which does not take place or for any event that has
a cancellation of a particular date and said ticket will not be honored
for rescheduled appearance or where the event has been oversold and
admission was not allowed the ticket holder, regardless of the fault
or reason for the cancellation or oversubscription of the performance.
B.
Refunds will be made to the purchaser upon demand
immediately or within the reasonable time period of five business
days. Said demand need not be in writing; provided, however, that
demand must be made within six months of the date of the performance.
Any ticket agent or seller violating any provision
of this article shall be subject to a fine not exceeding $500 or to
imprisonment for 30 days, or both, in the discretion of the Judge
of the Municipal Court of the Borough of Eatontown.
