Kan. Admin. Regs. § 128-3-1

Current through Register Vol. 43, No. 24, August 22, 2024

Section 128-3-1 - Tickets and fees

(a) Each person admitted to an event shall have a ticket or pass.

(b) Each ticket shall indicate on the ticket the price, the name of the promoter, and the date and time of the event. The price of the ticket shall be indicated either on the ticket and the ticket stub or on the electronic ticket. Each ticket shall be printed on cardboard or issued electronically, with a different color for each event.

(c) The promoter shall not sell any tickets for a price other than the price printed on the ticket.

(d) The promoter of each event shall prohibit the sale of any tickets for a price other than the price printed on the ticket, except as provided in subsections (e) and (f).

(e) Each ticket for an event sold for less than the price printed on the ticket shall be overstamped with the actual price charged. The overstamp shall be placed on the printed face of the ticket as well as on the stub retained by the ticket holder. Failure to comply with this subsection shall result in the full ticket price being used for purposes of computing the athletic fee required to be paid.

(f) Each complimentary ticket shall be clearly marked "COMPLIMENTARY." A promoter shall not issue complimentary tickets for more than 15 percent of the seats in the venue, without the boxing commissioner's prior written authorization. Failure to comply with this subsection shall result in the required use of the full ticket price for the purpose of computing the athletic fee required to be paid.

(g) The boxing commissioner, the commission's staff, each inspector, and each member of the athletic commission shall be admitted without a ticket or pass to any contest or professional wrestling performance over which the commission has jurisdiction.

(h) No person without a ticket shall be admitted to an event unless that person is one of the following:

(1) A contestant scheduled to compete at the event;

(2) an employee or independent contractor who provides identification from the promoter indicating that the individual is an employee or independent contractor working for the promoter;

(3) a member of the media approved by the promoter to attend the event;

(4) an on-duty law enforcement officer; or

(5) an on-duty emergency responder.

(i) The holder of a ticket for an event shall not be allowed to perform either of the following:

(1) Pass through the gate of the premises where the event is being held, unless the ticket is separated from the ticket stub, marked, scanned, or inventoried as having been presented at the gate; or

(2) occupy a seat unless the ticket holder is in possession of the electronic ticket, ticket stub, or marked ticket.

(j) If a ticket is electronic, the ticket shall be scanned before the ticket holder's admission into the venue.

(k) Once the ticket holder gains entry to a venue by way of ticket, the individual shall be readmitted after leaving only if the individual presents a ticket stub or other evidence of admission and a notation stamp or other similar marking indicating that the individual is permitted to reenter.

(l) The following duties shall be the responsibility of each inspector assigned to each event:

(1) Supervising ticket sales, ticket boxes, and the entrances and exits to the site of the contest or performance for the purpose of checking admission controls; and

(2) ensuring that all tickets are counted and that a final accounting, including computation of the number of complimentary tickets and passes that are used, the price of admission charged for each ticket, and the gross receipts from all ticket sales, is completed.

(m) The final accounting shall be conducted in a private room or secured area and in the presence of both the promoter's representative and the assigned inspector. The final accounting shall include a determination by the assigned inspector of the amount of athletic fee due from the promoter.

(n) Each promoter who obtains a permit for an event shall pay to the commission the athletic fee, which is five percent of the gross receipts derived from the admission charges for the event.

(o) Gross receipts shall mean the total amount of all ticket sales, including complimentary tickets and passes, after sales tax is deducted. For the purposes of this subsection, complimentary tickets and passes shall be included in the calculation of gross receipts and counted as if the complimentary tickets and passes had been sold at the average ticket price of all those tickets offered for sale for the event.

(p) If no admission is charged for an event and the promoter is promoting the event for a contracted amount, the five percent athletic fee shall be based on the contract price. A copy of the contract shall be submitted to the commission with the fee payment. If there is no written contract, the promoter and the entity with which the promoter has entered into an oral contract shall sign a notarized affidavit stating the amount paid to the promoter for the event.

Kan. Admin. Regs. § 128-3-1

Authorized by K.S.A. 2013 Supp. 74-50,187; implementing K.S.A. 2013 Supp. 74-50,186 and 74-50,187; effective April 4, 2008; amended Dec. 20, 2013; amended by Kansas Register Volume 33, No. 37, effective 9/26/2014.