A member has an ordinance prohibiting the sales of any tickets within 2,000 feet of a stadium on the public way. They would like to know if any other municipalities have a similar ordinance in effect and if so, have there been any constitutional challenges to the ordinance. If there have been challenges, what are the results of said challenges? Importantly, this is not a scalping ordinance, but rather, an ordinance prohibiting ticket sales in a geographic location. I have pasted the text of the ordinance below. Please send your responses to me directly and I will pass them along. Thank you in advance for your help!
Selling tickets near a stadium or playing field.
(a) It shall be unlawful for any person, while located on the public way within 2,000 feet of a stadium or playing field, to sell, offer, or expose for sale, or solicit any other person to purchase tickets for any amusement produced or presented in that stadium or playing field.
(b) For purposes of this section, the following definitions shall apply:
"Stadium" or "playing field" shall mean a stadium or playing field which is not totally enclosed and contains more than 15,000 seats where any such seats are located within 100 feet of 200 or more dwelling units. The 100-foot distance shall be measured from the seat to the nearest point of the buildings in which the dwelling units are contained.
"Amusement" shall be defined as set forth in Section 4-156-010 of this Code.
"Dwelling unit" shall mean a room designed or used for sleeping accommodations, including hotel and dormitory rooms.
(c) Any person found guilty of violating this section shall be subject to a fine of not less than $50.00 nor more than $200.00.
Amanda Kellar
Associate General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association
51 Monroe Street, Suite 404
Rockville, Maryland 20850
akellar@imla.orgmailto:akellar@imla.org / 202-466-5424 X 7116
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