I really enjoyed the Paris menu and am excited to try Next's take on Thai, but It seems pretty clear that although well-intentioned, Next's threats to void tickets sold over face value are just bluster and posturing to try to tamp down scalping.
Under the law that Next cited on Facebook (the Ticket Sale and Resale Act), registered ticket brokers and Internet auction sites (as well as charities) are exempted from the prohibition against selling tickets over face value. The part of Next's TOS that might support their right to void tickets is this sentence: "
Unlawful resale (or attempted resale), counterfeit or copy of Next Ticket is grounds for seizure and cancellation without compensation." (emphasis mine) Since sales through ticket brokers or internet auction sites are exempted from the law and therefore entirely lawful, I don't see how Next would have any basis (let alone a clear and solid basis) for voiding tickets sold through those types of outlets.
But, that's not the most important point here. Nick posted on Facebook that he has been advised that Next can "void any tickets owned by people who advertise them commercially... regardless of the legal argument about the legality of selling 'restaurant' tickets above face value vis a vis a concert or sports game." Regardless of that argument? Really Nick? A lawyer told you this?
By its clear terms, the Ticket Sale and Resale Act applies only to the resale of certain categories of tickets, specifically, tickets for baseball games, football games, hockey games, theatre entertainments, or any other "amusement." As Chris pointed out above, the key term here is "amusement," and it is far from clear whether Next is an "amusement." In fact, it seems most likely that as a restaurant, Next would not be considered under the law to be an amusement. The term "amusement" is not defined in the Act, but is fairly consistently defined elsewhere in the law, most relevantly with respect to amusement taxes. In that context, Chicago Municipal Code §4–156–010 contains this definition:
"Amusement" means: (1) any exhibition, performance, presentation or show
for entertainment purposes, including, but not limited to, any theatrical,
dramatic, musical or spectacular performance, promotional show, motion
picture show, flower, poultry or animal show, animal act, circus, rodeo, athletic
contest, sport, game or similar exhibition such as boxing, wrestling, skating,
dancing, swimming, racing, or riding on animals or vehicles, baseball,
basketball, softball, football, tennis, golf, hockey, track and field games,
bowling or billiard or pool games; (2) any entertainment or recreational activity
offered for public participation or on a membership or other basis including,
but not limited to, carnivals, amusement park rides and games, bowling,
billiards and pool games, dancing, tennis, racquetball, swimming, weightlifting,
bodybuilding or similar activities; or (3) any paid television programming,
whether transmitted by wire, cable, fiber optics, laser, microwave, radio,
satellite or similar means.
What's missing from that definition? Restaurants. Know why? Because restaurants are not amusements, subject to amusement tax, they are restaurants, subject to the restaurant tax. I'd bet a misshapen bun that Next is paying restaurant taxes, but not amusement taxes.
There's another problem with Next's threats to void scalped tickets. How will they know for certain which tickets to disappear? Scalper posts dinner for two on July 22 at 8pm for sale on Craigslist. Best offer. One alcoholic drink pairing and one non-alcoholic pairing. How could Next possibly know which tickets to void? They look for a matching reservation and take a guess? They hire someone to be their Scalping Investigation and Enforcement Director? I doubt it.
I'd be very surprised if Next actually voids any tickets because they were resold, whether sold through Craigslist, brokers, or otherwise. For them to do so just doesn't mesh with the legal and practical realities of the situation. Next's threats to the contrary appear to be a well-intentioned response to the ethical grey area of scalping, but one without any real teeth if you take a closer look.
--Rich
I don't know what you think about dinner, but there must be a relation between the breakfast and the happiness. --Cemal Süreyya