Commonwealth v. Santangelo
Commonwealth v. Santangelo
Opinion of the Court
After selling three nineteen-dollar tickets to a Boston Celtics basketball game for fifty dollars each, the defendant was convicted of “ticket scalping” in violation of G. L. c. 140, § 185D. This appeal is from his conviction at a bench trial in a jury-of-six session of a District Court.
The facts are not contested. The defendant is licensed under G. L. c. 140, § 185A, to resell tickets to public amusements. With his wife, he operates a variety store at which they sell tickets to Celtics games and other sporting events. Unable to obtain Celtics tickets at box office prices, they buy them from other ticket agencies at prices in excess of the prices printed on the face of the tickets. The tickets here involved were purchased from a firm in Rhode Island at a price of forty-five dollars per ticket and sold for fifty dollars. Three dollars of the
This appeal concerns the propriety of the defendant’s recouping the amount he paid for the tickets (forty-five dollars). It does not involve the three-dollar service charge.
The defendant argues that he is not in violation of G. L. c. 140, § 185D, set forth in the margin,
The defendant’s reading ignores the character of the costs listed in the statute which are allowable as service charges, see note 1, supra, and would add as an allowable cost one which emasculates the basic provision limiting the price to be charged. See Hodgerney v. Baker, 324 Mass. 703, 706 (1949) (statutory term takes its meaning from its setting); Commonwealth v. Baker, 368 Mass. 58, 68 (1975) (words in question are to be related “to the associated words and phrases in the statutory context”).
Prior to 1980, the statute had no provision for service charges. The proviso, italicized in note 1, supra, was added
*584 “No licensee under section one hundred and eighty-five A shall resell any ticket... to any theatrical exhibition, public show or public amusement ... at a price in excess of two dollars in advance of the price printed on the face of such ticket . . .; provided, however, that a price in excess of the above maximum shall not be deemed in violation of this section if the amount in excess of the above maximum is solely attributable to service charges. For the purpose of this section, service charges are defined as costs incurred by said licensee related solely to the procuring and selling of such ticket or other evidence of right of entry and not related to the general business operation of said licensee. Service charges include, but are not limited to, charges for messengers, postage, and long distance telephone calls, extensions of credit and costs attributable thereto ...” (emphasis supplied).
The first paragraph of G. L. c. 140, § 185D, as appearing in St. 1980, c. 460, provides in relevant part:
Case-law data current through December 31, 2025. Source: CourtListener bulk data.