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Arsht Center urges patrons to oppose Tallahassee ticket-sales legislation

 

A proposed law revising restrictions on ticket sales would benefit ticket scalpers, leaders of downtown Miami’s performing arts center say. Proponents counter it would give buyers more options.

pmazzei@MiamiHerald.com

The Adrienne Arsht Center for the Performing Arts veered from its usual fundraising pleas and upcoming event promotions Sunday to make an unusual request from its members: Please email state lawmakers to oppose legislation that could be a boon for ticket scalpers.

The bill would rewrite rules for ticket sales, allowing online vendors — think StubHub — to buy tickets in bulk to resell, and preventing companies — think Ticketmaster — from requiring that the person who buys a ticket be the same person who attends the event.

State Rep. Matt Gaetz, a Panhandle Republican who proposed the law, said it would protect people such as season-ticket holders who want to sell or give their tickets away. So-called “paperless” tickets that force a person to show a credit card and ID at the door of the event would be illegal.

“I don’t think that these publicly funded venues ought to be able to turn these tickets into airline tickets that are not transferable,” said Gaetz, of Fort Walton Beach.

But in his email to members titled “a call to action,” Arsht President and CEO John Richard called other parts of the proposal “dangerous.”

Richard wrote that the bill, which will get its first Florida House subcommittee hearing in Tallahassee on Tuesday, “will give ticket scalpers unlimited and unwanted access to affordable community tickets.”

A similar debate has played out across the country as Ticketmaster and StubHub have lobbied legislatures to revise state laws to benefit the two companies’ diverging interests. Ticketmaster pushes for anti-scalping, paperless tickets. StubHub favors paper tickets, saying they give fans more control.

Gaetz said he has been in touch with StubHub, which backs his proposal. Ticketmaster is expected to oppose it.

Scalping has been legal in Florida since 2006, when state lawmakers repealed a more than 60-year-old law that prevented the resale of a ticket for more than $1 above face value. There’s still a protection in the law for nonprofit organizations like the Arsht Center; nonprofit tickets are not supposed to be scalped.

But they are anyway: A StubHub search Sunday showed $70 to $236 Arsht tickets available for upcoming performances of Shrek: The Musical. The highest-priced tickets on the Arsht’s website sell for $87.

Arsht leaders say Gaetz’s proposal — also put forth by Sen. Ellyn Bogdanoff, R-Fort Lauderdale — would make scalping more widespread.

“We will run out of tickets before many patrons have an opportunity to purchase them,” Richard wrote to members.

Privately, Richard sent Arsht Center board of directors a memo outlining other problems with the legislation — namely that it would require that the center refund tickets sold by outside resellers. The center would also be on the hook to replace tickets purchased from an outside reseller but never received by the buyer.

“It is incomprehensible to hold a center responsible for refunding money which was never received by the center,” Richard wrote.

Another bill provision would require the Arsht and other venues to post the number of tickets for sale for a particular event and the number of tickets being withheld.

Gaetz said those requirements will make the business of buying tickets more transparent for would-be buyers.

“Consumers are the ones who benefit when you have a vibrant secondary market,” he said. “When I come out to see the Miami Dolphins, I want to have a lot of options of which seating areas I want to sit in.”

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