RESOLUTION NO. RS2016-382

A resolution urging Live Nation Entertainment to take measures to ensure the equitable distribution and availability of tickets and to implement anti-scalping controls for events conducted at Ascend Amphitheater in Nashville & Davidson County.

WHEREAS, Ascend Amphitheater is a taxpayer funded outdoor amphitheater owned by the Metropolitan Government of Nashville & Davidson County for the use and benefit of its citizens and the public at large; and

WHEREAS, pursuant to contractual agreement with the Metropolitan Government, Ascend Amphitheater is operated by Live Nation Entertainment which conducts ticket sales to concerts and other entertainment events held at Ascend Amphitheater; and

WHEREAS, the citizens of Nashville and other event enthusiasts seem to be too often deprived of tickets, or reasonably-priced tickets, to major concert events largely as a result of professional scalpers who routinely purchase high-volumes of available seats, using special computer software, often within seconds of the start of ticket sales. These scalpers purchase tickets in mass quantities for the sole purpose of deriving mark-up profits through re-sale, thereby depriving consumers of the opportunity to purchase tickets at prices set by performers; and

WHEREAS, when these scalpers utilize these systems to purchase large volumes of tickets, concerts are sold out virtually in minutes, leaving concert fans out and with little recourse other than having to pay higher amounts for the tickets; and

WHEREAS, in response to these inequities, the Tennessee General Assembly enacted Tenn. Code Ann. §39-17-1105 which prohibits the use of so-called “ticket bot” computer software designed to interfere with internet ticket sales to sporting events, theaters, musical performances, or places of public entertainment or amusement by circumventing security measures or controls instituted by ticket sellers to ensure equitable ticket buying processes; and

WHEREAS, to date, the number of prosecutions under Tenn. Code Ann. §39-17-1105 remains zero, while Nashvillians continue to be victimized by professional scalpers -- even at venues paid for by their own tax dollars; and

WHEREAS, to combat this perverse cycle and to promote the equitable distribution and availability of tickets, it is fitting and proper that the Metropolitan Council – as overseers of public facilities such as Ascend Amphitheater – should insist upon implementation of measures to safeguard the public’s accessibility.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY:

Section 1. That the Metropolitan Council hereby urges Live Nation Entertainment to enforce measures to ensure the equitable distribution and availability of tickets and to implement anti-scalping controls for events conducted at Ascend Amphitheater; and

Section 2. That the measures implemented by Live Nation Entertainment could include (a) establishing ticket purchase limits; (b) adopting paperless ticketing which requires presentation of the purchasing credit card and matching photo ID prior to admission; (c) filing criminal charges and otherwise fully cooperating with efforts to prosecute Tenn. Code Ann. §39-17-1105 offenders; (d) investing in anti-scalping computer software; (e) revoking tickets when purchase limits or other restrictions are violated; and (f) pursuing private rights of action against scalping offenders.

Section 3. That the Metropolitan Council hereby requests that a representative of Live Nation Entertainment appear before the appropriate Council committee to provide Council members with a better understanding, for the benefit of their constituents, as to why tickets for events can sell out so quickly.

Section 4. That the Metropolitan Clerk be directed to send a copy of this Resolution to local offices for Live Nation Entertainment.

Section 5. This Resolution shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Shulman, Sharon Hurt, Burkley Allen