SECTION 1.  Section 185I of chapter 140 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following section:-

Section 185J. (a) The following words as used in this section, unless the context otherwise requires, shall have the following meaning:—

“Event ticket”, a physical, electronic, or other form of a certificate, document, voucher, or token to any concert, theatrical performance, sporting event, exhibition, show, or similar activity taking place in the Commonwealth.

“Software”, any computer program primarily designed or produced for the purpose of purchasing tickets from a ticket issuer for the purpose of resale on the secondary market.

“Ticket issuer”, a person or company that makes initial event tickets available directly to the general public in the primary market.

“Ticket reseller”, any form of transfer or alienation, or offering for transfer or alienation, of possession of an event ticket from one person to another, with or without consideration, whether in person or by means of telephone, mail, delivery service, facsimile, internet, email or other electronic means.  “Ticket reseller” does not include the initial sale of an event ticket by the ticket issuer.

(b) No ticket issuer shall pre-sell any event ticket to a ticket reseller for the purposes of selling tickets in the secondary market.

A ticket reseller of event tickets shall be prohibited from using any software or other technology for the purpose, or with the foreseeable effect, of restricting the sale of event tickets to the general public.

A ticket issuer may charge a fee not to exceed $2 per ticket for the purposes of a facility charge.  A ticket issuer may also charge additional fees per ticket which shall not exceed 10 percent of the original advertised ticket price of the lowest ticket price available for an event.

SECTION 2. This act shall take effect upon its passage.