Massachusetts § 185C - Revocation or suspension of license; ticket purchasing software

§ 185C. Revocation or suspension of license; ticket purchasing software

Section 185C. (a) For the purpose of this section, ''ticket purchasing software'' shall mean any machine, device, computer program or computer software that, on its own or with human assistance, bypasses security measures or access control systems on a retail ticket purchasing platform, or other controls or measures on a retail ticket purchasing platform that assist in implementing a limit on the number of tickets that can be purchased, to purchase tickets.

(b) The commissioner of occupational licensure, after notice to the licensee and reasonable opportunity to be heard, may revoke a license or may suspend the license for such period as the commissioner may deem proper, upon satisfactory proof that the licensee has violated or permitted a violation of any condition of the license or of any rule or regulation of the commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoked.

(c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing software to purchase tickets. Any person, firm, corporation or other entity who knowingly utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty in an amount not less than $500 per violation and shall forfeit all profits made from the sale of any such unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee who is adjudicated guilty of the following acts shall have their license revoked and may be barred from licensure for a period not to exceed 3 years if such licensee: (i) knowingly utilized ticket purchasing software in order to purchase tickets; (ii) knowingly resold or offered to resell a ticket that such licensee knew was obtained using ticket purchasing software; or (iii) intentionally maintained any interest in or maintained any control of the operation of ticket purchasing software to purchase tickets.

(d) Any person, firm, corporation or other entity that has knowledge of the use of ticket purchasing software in violation of this chapter and fails to notify the office of the attorney general within 30 days shall be subject to a civil penalty in the amount of $500 per violation.