PRINTER'S NO. 1338
No. 1174 Session of 1991
INTRODUCED BY PETRONE, OLIVER, FAIRCHILD, BUNT, McCALL, DeLUCA, CESSAR, GEIST, LaGROTTA, GRUPPO, KASUNIC AND O'BRIEN, APRIL 17, 1991
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 17, 1991
AN ACT 1 Amending Title 5 (Reserved) of the Pennsylvania Consolidated 2 Statutes, changing the name of the title; adding provisions 3 relating to boxing and wrestling; and making repeals. 4 TABLE OF CONTENTS 5 TITLE 5 6 ATHLETICS AND SPORTS 7 PART I. BOXING AND WRESTLING 8 SUBPART A. GENERAL PROVISIONS 9 Chapter 1. Preliminary Provisions 10 § 101. Definitions. 11 § 102. State Athletic Commission. 12 § 103. Duties of commission. 13 § 104. Appointment and qualifications of executive director. 14 § 105. Powers and duties of executive director. 15 § 106. Limitations on applicability of part. 16 SUBPART B. BOXING 17 Chapter 3. Preliminary Provisions 18 § 301. Short title of subpart.
1 § 302. Definitions. 2 Chapter 5. Medical Advisory Board 3 § 501. Medical Advisory Board. 4 Chapter 7. Regulation of Boxing Contests and Exhibitions 5 § 701. Boxing regulated. 6 § 702. Age of participants. 7 § 703. Fictitious names. 8 § 704. Physician to be in attendance. 9 § 705. Medical training seminars. 10 § 706. Register. 11 § 707. Medical equipment. 12 § 708. Suspension and revocation for injuries. 13 § 709. Medical examinations. 14 § 710. Weights and classes. 15 § 711. Limitation on difference in weights. 16 § 712. Gloves. 17 § 713. Ring padding. 18 § 714. Duration of bouts and rounds. 19 § 715. Referee and judges. 20 § 716. Seconds. 21 § 717. Mandatory eight count. 22 § 718. Knockouts. 23 § 719. Duty of disclosure. 24 § 720. Sham or collusive contest prohibited. 25 Chapter 9. Licenses and Permits 26 § 901. Power of commission to issue, withhold, suspend or 27 revoke licenses and permits. 28 § 902. Promoters' licenses. 29 § 903. Representative managers' licenses. 30 § 904. Foreign copromoters to procure permits. 19910H1174B1338 - 2 -
1 § 905. Other licenses required. 2 § 906. Program permits. 3 § 907. Amateur events. 4 § 908. Prohibited interests. 5 § 909. Local prohibitions. 6 § 910. Standards for issuance of licenses and permits. 7 § 911. Duration of license. 8 § 912. Applications for licenses and permits. 9 § 913. Oral examinations. 10 § 914. License fees. 11 § 915. Permit fees. 12 § 916. Gross receipts taxes. 13 § 917. Application and fees. 14 Chapter 11. Promotion of Contests and Exhibitions 15 Subchapter A. Contracts 16 § 1101. Commission control of contracts. 17 § 1102. Notice clause. 18 § 1103. Provisions in contracts between managers and 19 professional boxers. 20 § 1104. Approval of contracts. 21 Subchapter B. Tickets and Advertising 22 § 1111. Tickets. 23 § 1112. Penalty for destroying tickets. 24 § 1113. Ticket refunds. 25 § 1114. Advertising matter to state admission price. 26 Subchapter C. Admission to Events 27 § 1121. Admissions not to exceed seating capacity. 28 § 1122. Age of spectators. 29 Subchapter D. Bonds 30 § 1131. Promoters and foreign copromoters required to file 19910H1174B1338 - 3 -
1 bonds. 2 § 1132. Deposit in lieu of surety bond. 3 § 1133. Filing fee. 4 § 1134. Recovery on bond. 5 Chapter 13. Enforcement 6 § 1301. Commission hearings. 7 § 1302. Subpoenas. 8 § 1303. Preliminary suspension of licenses or permits. 9 § 1304. Suspension or revocation of licenses or permits. 10 § 1305. Civil penalties. 11 Chapter 15. Financial Provisions 12 Subchapter A. Financial Interests 13 § 1501. Financial interest in boxer prohibited. 14 § 1502. Financial interest in opponent prohibited. 15 § 1503. Financial interest of matchmaker. 16 Subchapter B. Commission Receipts 17 § 1511. Disposition of commission receipts. 18 § 1512. Athletic Commission Augmentation Account. 19 Subchapter C. Purses 20 § 1521. Minimum purses for boxers. 21 § 1522. Distribution of purses to boxers. 22 § 1523. Withholding of purses. 23 § 1524. Hearing regarding withheld purse. 24 § 1525. Disposition of withheld purse. 25 § 1526. Advances against purses. 26 Subchapter D. Insurance 27 § 1531. Insurance coverage of boxers. 28 Chapter 17. Miscellaneous Provisions 29 § 1701. Prohibited competitions. 30 SUBPART C. WRESTLING 19910H1174B1338 - 4 -
1 Chapter 19. Preliminary Provisions
2 § 1901. Short title of subpart.
3 § 1902. Definitions.
4 § 1903. Applicability of subpart.
5 Chapter 21. Regulation of Professional Wrestling Contests and
6 Exhibitions
7 § 2101. Promoter's license.
8 § 2102. Promoter's bonding requirements.
9 § 2103. Gross receipts taxes.
10 § 2104. Physician to be in attendance.
11 § 2105. Ambulance available.
12 § 2106. Crowd control.
13 § 2107. Prohibited acts.
14 § 2108. Enforcement.
15 § 2109. Penalties.
16 § 2110. Disposition of commission receipts.
17 Chapter 23. Regulation of Amateur Wrestling Contests and
18 Exhibitions
19 § 2301. Amateur wrestling contests and exhibitions.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The heading of Title 5 of the Pennsylvania
23 Consolidated Statutes is amended and Title 5 is amended by
24 adding a part to read:
25 TITLE 5
26 [Reserved]
27 ATHLETICS AND SPORTS
28 Part
29 I. Boxing and Wrestling
30 PART I
19910H1174B1338 - 5 -
1 BOXING AND WRESTLING 2 Subpart 3 A. General Provisions 4 B. Boxing 5 C. Wrestling 6 SUBPART A 7 GENERAL PROVISIONS 8 Chapter 9 1. Preliminary Provisions 10 CHAPTER 1 11 PRELIMINARY PROVISIONS 12 Sec. 13 101. Definitions. 14 102. State Athletic Commission. 15 103. Duties of commission. 16 104. Appointment and qualifications of executive director. 17 105. Powers and duties of executive director. 18 106. Limitations on applicability of part. 19 § 101. Definitions. 20 Subject to additional definitions contained in subsequent 21 provisions of this part which are applicable to specific 22 provisions of this part, the following words and phrases when 23 used in this part shall have the meanings given to them in this 24 section unless the context clearly indicates otherwise: 25 "Commission." The State Athletic Commission. 26 "Department." The Department of State of the Commonwealth. 27 "Executive director." The executive director of the State 28 Athletic Commission. 29 "Secretary." The Secretary of the Commonwealth. 30 § 102. State Athletic Commission. 19910H1174B1338 - 6 -
1 (a) Composition.--The State Athletic Commission shall be 2 composed of three members appointed by the Governor with the 3 advice and consent of a majority of the members elected to the 4 Senate. The Governor shall designate one of the members as 5 chairman. The secretary and the chairman of the Medical Advisory 6 Board established under section 501 (relating to Medical 7 Advisory Board) shall be ex officio members of the commission. 8 Each appointment shall be for a term of four years. 9 (b) Compensation.--Each commissioner, except the secretary 10 and the chairman of the Medical Advisory Board, shall receive a 11 salary of $10,000 annually. The chairman of the commission shall 12 receive a salary of $10,500 annually. The commissioners and the 13 chairman of the Medical Advisory Board shall also receive 14 reasonable and necessary travel expenses incurred as a direct 15 result of their duties as members of the commission. The 16 expenses incurred by the commissioners shall be allowed and paid 17 on the presentation of itemized vouchers therefor, which 18 vouchers shall be subject to the approval of the secretary. 19 (c) Removal.--Except as authorized under this section, no 20 commissioner may be removed from office during his term. The 21 Governor may, upon clear and convincing evidence of misfeasance 22 or malfeasance in office or neglect of duty, remove a 23 commissioner prior to the expiration of the term. The Governor 24 shall then provide the commissioner so removed with a detailed 25 written statement of the reasons for removal. 26 (d) Quorum requirement.--Two members of the commission shall 27 constitute a quorum. 28 § 103. Duties of commission. 29 (a) Meetings.--The commission shall hold regular meetings at 30 least once every two months to carry out the requirements of 19910H1174B1338 - 7 -
1 this part, which shall include the consideration of any rules or 2 regulations or amendments thereto which are recommended by the 3 executive director. The meetings shall be open to the public. 4 The meeting times shall be scheduled one year in advance and 5 shall be published in the Pennsylvania Bulletin. 6 (b) General duties.--In addition to any other power 7 specifically granted by this part, the commission: 8 (1) May establish policy and shall promulgate rules and 9 regulations regarding professional and amateur boxing 10 contests and exhibitions held within this Commonwealth, and 11 the presentation of such contests and exhibitions and all 12 matters pertaining thereto, except such contests and 13 exhibitions as are specifically exempted from this part. 14 (2) Shall promulgate rules and regulations regarding 15 collection of taxes on professional wrestling exhibitions. 16 (3) May establish policy and promulgate rules and 17 regulations regarding professional and amateur wrestling 18 contests as authorized under Chapter 23 (relating to 19 regulation of amateur wrestling contests and exhibitions). 20 The rules and regulations authorized under this section 21 include those rules and regulations required by this part, 22 together with such others as the commission considers 23 necessary in order to carry out the provisions of this part. 24 § 104. Appointment and qualifications of executive director. 25 The secretary shall appoint an executive director of the 26 commission with administrative experience and other 27 qualifications indicating he is familiar with the activities to 28 be regulated by this part. The executive director shall serve at 29 the pleasure of the secretary. The executive director's salary 30 shall be fixed by the secretary with the approval of the 19910H1174B1338 - 8 -
1 Governor, and the executive director shall hold no other paid 2 public position. 3 § 105. Powers and duties of executive director. 4 The executive director shall supervise the administrative 5 work of the commission. The executive director shall have the 6 power and duty: 7 (1) To attend the meetings of the commission. 8 (2) To recommend to the commission suspension or 9 revocation of any license or permit issued pursuant to this 10 part for violations of any provisions of this part or the 11 rules and regulations of the commission, or when such action 12 is necessary to protect the public welfare. 13 (3) To supervise and direct staff appointed by the 14 secretary engaged in work directly related to the 15 implementation of this part. 16 (4) To prepare and recommend to the commission rules and 17 regulations and amendments thereto regarding the matters 18 regulated under this part. 19 (5) To implement and supervise a drug testing program of 20 all athletes licensed under Subpart B (relating to boxing) in 21 consultation with the Medical Advisory Board and the 22 Department of Health. 23 (6) To present the standing committees of both Houses of 24 the General Assembly with an annual review of the 25 commission's rules and regulations. 26 (7) To establish and maintain a record of all boxers 27 licensed under Subpart B, showing for each licensee all of 28 the following: 29 (i) The date licensed. 30 (ii) The results of prefight and postfight 19910H1174B1338 - 9 -
1 physicals. 2 (iii) Any fictitious or assumed names by which the 3 licensee competes. 4 (iv) The number and dates of any suspensions of the 5 licensee. 6 (v) The dates when the licensee is knocked out. 7 (vi) The licensee's record from other states. 8 (8) To administer and make effective the provisions of 9 this part and the rules and regulations made under this part. 10 (9) To conduct a substantial portion of the activities 11 required by this part at a single central location, wherein 12 all records of the commission shall be maintained. 13 (10) To prepare an annual budget for the consideration 14 of the commission, showing the costs of operation and 15 revenues received in the previous fiscal year and the 16 estimated costs of operations and revenues to be received in 17 the next fiscal year. The budget shall be approved by the 18 commission and forwarded to the secretary in a timely fashion 19 for his review and inclusion in the budget request of the 20 department. 21 (11) To aid the commission in the promotion of boxing 22 contests in this Commonwealth. 23 (12) To supervise collection of taxes on professional 24 wrestling exhibitions. 25 § 106. Limitations on applicability of part. 26 No provision of this part nor any rule or regulation 27 promulgated under this part shall apply to any boxing contest or 28 exhibition or wrestling contest or exhibition conducted or 29 sponsored by any university, college, secondary school or group 30 of universities, colleges or secondary schools or the Department 19910H1174B1338 - 10 -
1 of Corrections if all the participants are students regularly 2 enrolled in such institutions or inmates confined within a State 3 or county correctional facility, respectively. 4 SUBPART B 5 BOXING 6 Chapter 7 3. Preliminary Provisions 8 5. Medical Advisory Board 9 7. Regulation of Boxing Contests and Exhibitions 10 9. Licenses and Permits 11 11. Promotion of Contests and Exhibitions 12 13. Enforcement 13 15. Financial Provisions 14 17. Miscellaneous Provisions 15 CHAPTER 3 16 PRELIMINARY PROVISIONS 17 Sec. 18 301. Short title of subpart. 19 302. Definitions. 20 § 301. Short title of subpart. 21 This subpart shall be known and may be cited as the Boxing 22 Act. 23 § 302. Definitions. 24 Subject to additional definitions contained in subsequent 25 provisions of this subpart which are applicable to specific 26 provisions of this subpart, the following words and phrases when 27 used in this subpart shall have the meanings given to them in 28 this section unless the context clearly indicates otherwise: 29 "Amateur." A person who has never received nor competed for 30 any purse or other article of value, either for participating in 19910H1174B1338 - 11 -
1 any boxing contest or exhibition or for the expenses of training 2 therefor, other than a prize which does not exceed $50 in value. 3 "Boxing." The act of attack and defense with the fists, 4 practiced as a sport. The term includes all variations of the 5 sport permitting or using other parts of the human body, 6 including, but not limited to, the foot, knee, leg, elbow or 7 head. 8 "Contest." A boxing engagement in which the boxers strive 9 earnestly in good faith to win. 10 "Exhibition." A boxing engagement in which the boxers show 11 or display their skill without necessarily striving to win. 12 "Foreign copromoter." A promoter who has no place of 13 business within this Commonwealth. 14 "Judge." A person who has a vote in determining the winner 15 of any contest. 16 "Manager." A person who, directly or indirectly, controls or 17 administers the affairs of any boxer. 18 "Matchmaker." A person who brings together professional 19 boxers or arranges professional boxing contests or exhibitions. 20 "Professional." A person who has received or competed for, 21 or is receiving or competing for, any purse or other article of 22 value, other than a prize which does not exceed $50 in value, 23 either for participating in any boxing contest or exhibition or 24 for the expenses of training therefor. 25 "Promoter." Any person and, in the case of a corporate 26 promoter, any officer, director, employee or stockholder thereof 27 who produces, arranges or stages any professional contest or 28 exhibition. 29 "Purse." The financial guarantee or any other remuneration, 30 or part thereof, for which professional boxers are participating 19910H1174B1338 - 12 -
1 in a contest or exhibition. The term includes the participant's 2 share of any payment received for radio broadcasting, television 3 and motion picture rights. 4 "Sponsor." Any person and, in the case of a corporate 5 sponsor, any officer, director, employee or stockholder thereof 6 who produces, arranges or stages any amateur contest or 7 exhibition. 8 CHAPTER 5 9 MEDICAL ADVISORY BOARD 10 Sec. 11 501. Medical Advisory Board 12 § 501. Medical Advisory Board. 13 The commission shall appoint five physicians to serve on a 14 Medical Advisory Board for a term of four years. The Governor 15 shall designate a member with experience in sports medicine as 16 chairman of the board. Each member shall be paid a per diem rate 17 to be established by the secretary, but not in excess of $150 a 18 day. The board shall issue an annual report to the commission, 19 which shall include a review of the health status of each boxer 20 who competed during the prior fiscal year to identify those who 21 may be at risk of serious physical impairment. The board may 22 recommend changes or additions to the health and safety rules 23 and regulations of the commission and, upon request of the 24 commission, shall review proposed rules and regulations and 25 advise the commission of recommendations with respect to the 26 proposed rules and regulations. 27 CHAPTER 7 28 REGULATION OF BOXING CONTESTS AND EXHIBITIONS 29 Sec. 30 701. Boxing regulated. 19910H1174B1338 - 13 -
1 702. Age of participants. 2 703. Fictitious names. 3 704. Physician to be in attendance. 4 705. Medical training seminars. 5 706. Register. 6 707. Medical equipment. 7 708. Suspension and revocation for injuries. 8 709. Medical examinations. 9 710. Weights and classes. 10 711. Limitation on difference in weights. 11 712. Gloves. 12 713. Ring padding. 13 714. Duration of bouts and rounds. 14 715. Referee and judges. 15 716. Seconds. 16 717. Mandatory eight count. 17 718. Knockouts. 18 719. Duty of disclosure. 19 720. Sham or collusive contest prohibited. 20 § 701. Boxing regulated. 21 (a) General rule.--Professional contests or exhibitions, 22 including kick boxing, shall be held within this Commonwealth 23 only in accordance with the provisions of this subpart and the 24 rules and regulations promulgated under this subpart. 25 (b) Events on Sunday.--Contests or exhibitions may be held 26 on Sunday. 27 § 702. Age of participants. 28 (a) General rule.--No person under 18 years of age shall be 29 a participant in any contest or exhibition. 30 (b) Exception.-- 19910H1174B1338 - 14 -
1 (1) Any person between 12 and 17 years of age may 2 participate in amateur contests or exhibitions under such 3 rules and regulations as the commission shall prescribe. 4 (2) Any person between 12 and 17 years of age may 5 participate after obtaining written permission from a parent 6 or legal guardian, as well as consent by the executive 7 director. 8 (3) A person 12 to 16 years of age may only participate 9 in such contests with a person not more than one year older. 10 (c) Junior Olympics.--The limitations set forth in 11 subsections (a) and (b) shall not apply to sanctioned boxing 12 events for the Junior Olympics under the direction of a national 13 governing organization certified by the commission. For the 14 purposes of the Junior Olympic events, participants, with the 15 written permission of a parent or legal guardian, may box only 16 in the following age divisions: 17 (1) Ten and eleven years of age. 18 (2) Twelve and thirteen years of age. 19 (3) Fourteen and fifteen years of age. 20 No participant shall take part in any event outside of the 21 approved division for that age group. 22 § 703. Fictitious names. 23 No person shall participate in any amateur contest or 24 exhibition under a fictitious or assumed name unless the 25 fictitious or assumed name has first been registered with the 26 commission. 27 § 704. Physician to be in attendance. 28 A physician shall be assigned to every contest or exhibition 29 by the executive director. The physician shall observe at all 30 times the physical condition of the participants and may stop 19910H1174B1338 - 15 -
1 any contest or exhibition at any time to examine a participant 2 and to terminate a bout when, in the judgment of the physician, 3 severe injury could result to a participant if the contest or 4 exhibition were to continue. The commission shall establish by 5 rule or regulation a schedule of fees to be paid to physicians 6 for their services. The physician's fee shall be paid by the 7 promoter of the contest or exhibition attended by the physician. 8 § 705. Medical training seminars. 9 The commission shall conduct mandatory medical training 10 seminars at least twice a year for all ring personnel, 11 commission personnel and other designated persons employed by 12 the secretary. 13 § 706. Register. 14 The executive director shall establish and maintain a 15 register for all professional boxers licensed in this 16 Commonwealth. The register shall include a photograph of the 17 boxer. In the register, the executive director shall record the 18 results of each contest or exhibition the boxer is involved in, 19 including technical knockouts, knockouts and other boxing- 20 related injuries, as well as the dates of each contest or 21 exhibition and the record of wins and losses. 22 § 707. Medical equipment. 23 No professional contest or exhibition shall be started unless 24 there is on the premises: 25 (1) An ambulance, together with emergency equipment. 26 (2) A portable resuscitator with oxygen and appropriate 27 endotracheal tubes and a qualified operator. 28 § 708. Suspension and revocation for injuries. 29 (a) General rule.--For sound medical reasons and to protect 30 the individual boxers, the commission shall establish mandatory 19910H1174B1338 - 16 -
1 license suspensions of those persons who sustain certain 2 injuries. 3 (b) Particular suspension periods.--The commission may 4 suspend a boxer's license for up to: 5 (1) Sixty days for a laceration of the face. 6 (2) Thirty days: 7 (i) for a technical knockout without head injuries; 8 or 9 (ii) upon recommendation of the ringside physician 10 if, in the physician's opinion, the boxer has sustained 11 sufficient injuries to require the suspension. 12 (3) Sixty days for head injuries. 13 (4) Ninety days for a knockout. 14 (c) Unconsciousness or concussion.--A boxer who has been 15 knocked unconscious or who has received a concussion shall have 16 his license suspended for 90 days, and the suspension shall be 17 removed only after the boxer has been pronounced fit after 18 undergoing medical examination by a physician. 19 (d) Repeated knockouts.--A boxer who has been knocked out or 20 severely beaten shall have his license revoked if, after 21 undergoing a medical examination by a physician, the commission 22 decides such action is necessary in order to protect the health 23 and welfare of the boxer. 24 (e) Consecutive defeats.--A boxer who has suffered six 25 consecutive defeats shall be investigated by the commission and, 26 upon recommendation of the executive director, in consultation 27 with the Medical Advisory Board, shall be required to undergo a 28 medical examination by a physician approved by the commission. 29 If appropriate, the commission may then proceed to suspend or 30 revoke the boxer's license. 19910H1174B1338 - 17 -
1 § 709. Medical examinations. 2 (a) Prefight examination.--In addition to any other 3 examination required by this subpart or the rules and 4 regulations promulgated under this subpart, each boxer shall be 5 examined by the attending physician within two hours before he 6 enters the ring. If, in the opinion of the physician, any boxer 7 is physically or mentally unfit to proceed, the physician shall 8 notify the person in charge, who shall immediately cancel the 9 contest or exhibition. 10 (b) Postfight examination.--In addition to any other 11 examination required by this subpart or the rules and 12 regulations promulgated under this subpart, a boxer may, at the 13 discretion of the ringside physician, be required to undergo a 14 medical examination by a physician designated by the executive 15 director during the five days following the contest or 16 exhibition in which he was a participant. If the boxer sustains 17 a knockout or technical knockout, the boxer shall undergo the 18 medical examination within such time period as shall be 19 prescribed by the rules and regulations promulgated by the 20 commission. An examination under this section shall be performed 21 at the expense of the promoter. 22 (c) Filing of results of examinations.--The results of the 23 examinations required by this section shall be reduced to 24 writing by the physician, signed by him and filed with the 25 commission within 48 hours after they have been performed. 26 (d) Content of examination.--Any medical examination 27 prescribed under this section or section 708 (relating to 28 suspension and revocation for injuries) shall conform to the 29 rules and regulations promulgated by the commission after 30 consultation with the Medical Advisory Board. The rules and 19910H1174B1338 - 18 -
1 regulations regarding the postfight examination may prescribe, 2 or permit the attending physician to prescribe, additional tests 3 in the case of a knockout, technical knockout, head injury or 4 other injury or medical condition. The examination may include 5 drug testing as prescribed by rules and regulations, which shall 6 be promulgated by the commission in accordance with the program 7 mandated by section 105(5) (relating to powers and duties of 8 executive director). 9 § 710. Weights and classes. 10 The commission shall promulgate rules and regulations 11 establishing classes of boxers, which classes shall be based 12 upon weights. All contests or exhibitions shall take place only 13 between boxers who are within the same weight class as defined 14 by the commission unless otherwise approved by the commission. 15 § 711. Limitation on difference in weights. 16 No contest or exhibition shall take place in which the 17 difference in weight of the participants exceeds ten pounds. 18 This section shall not apply to contests or exhibitions between 19 participants in the light-heavyweight , cruiserweight or 20 heavyweight classes, as defined by the commission, nor to 21 exhibitions held solely for training purposes. 22 § 712. Gloves. 23 (a) General rule.--All boxers licensed under this subpart 24 shall be required to use thumbless or thumb-attached gloves. The 25 appropriate weight boxing gloves shall be worn by boxers as 26 follows: 27 (1) One hundred sixty pounds or under, boxing gloves 28 weighing not less than eight ounces each. 29 (2) Over 160 pounds, boxing gloves weighing not less 30 than ten ounces each. 19910H1174B1338 - 19 -
1 (b) Violation.--A violation of this section may subject the 2 participant, promoter or manager or any of them to suspension of 3 not less than 30 days or revocation of their licenses, at the 4 discretion of the commission, pursuant to section 1304 (relating 5 to suspension or revocation of licenses or permits). 6 § 713. Ring padding. 7 All ring padding shall be subject to approval of the 8 commission. All padding shall be of soft felt, foam rubber or 9 similar material and shall be at least two inches thick. 10 § 714. Duration of bouts and rounds. 11 (a) Length of contest.--No contest or exhibition shall be 12 more than 12 rounds in length, except for championship contests 13 sanctioned by recognized international or national authorities, 14 which may be up to 15 rounds in length. 15 (b) Duration of round.--No round shall be more than three 16 minutes in duration. 17 (c) Mandatory rest period.--There shall be at least a one- 18 minute rest between consecutive rounds. 19 (d) Limitation on participation.--No boxer shall participate 20 in, nor be scheduled to participate in, more than 15 rounds 21 within 72 consecutive hours. 22 (e) Limitation on rounds.--The commission may, with respect 23 to any contest or exhibition or to any class of participants, 24 limit the number of rounds in a contest or exhibition to less 25 than the maximum number of rounds otherwise applicable. 26 § 715. Referee and judges. 27 (a) Referee.--At each professional contest or exhibition, 28 except an exhibition held solely for training purposes, there 29 shall be in attendance, at the expense of the promoter, a duly 30 licensed referee designated by the executive director, who shall 19910H1174B1338 - 20 -
1 direct and control the contest or exhibition. Personal injury 2 and liability insurance coverage, in a minimum amount set by the 3 commission, for all claims arising from the performance of their 4 duties at the contest or exhibition shall be in effect for all 5 referees. This coverage shall be provided at the expense of the 6 promoter. 7 (b) Judges.--There shall be in attendance at every contest, 8 at the expense of the promoter, three licensed judges, each of 9 whom shall render his individual decision, in writing, on a 10 scorecard supplied by the executive director at the end of every 11 contest which continues for the scheduled number of rounds. Each 12 judge shall have one vote, and a majority of the votes cast 13 shall determine the winner. 14 (c) Scoring.--The commission shall by rule or regulation 15 prescribe the methods of scoring. 16 § 716. Seconds. 17 Before the start of any contest or exhibition, the referee 18 shall ascertain from each participant the name of the chief 19 second. The chief second shall be held responsible for the 20 conduct of his assistants during the contest or exhibition. 21 § 717. Mandatory eight count. 22 Whenever a boxer is knocked down, the boxer shall be required 23 to take a count of eight. The referee shall not permit the 24 contest or exhibition to be resumed until the count of eight has 25 been reached, except in professional championship contests and 26 exhibitions. 27 § 718. Knockouts. 28 (a) Count by referee.--When a boxer is knocked out, the 29 referee shall count to ten unless, in the judgment of the 30 referee, the boxer is in immediate physical danger, in which 19910H1174B1338 - 21 -
1 case the referee may stop the count earlier. If the boxer has 2 not risen from the ring floor before the referee stops the 3 count, the result shall be recorded as a knockout. 4 (b) Physician.--When a boxer has been knocked out, no one 5 shall touch him, except to remove his mouth protector, until 6 after the attending physician has entered the ring and issued 7 such instructions as he deems necessary. 8 § 719. Duty of disclosure. 9 Every licensee shall, immediately after learning thereof, 10 disclose to the executive director or his designee, or to the 11 official in charge or the attending physician or referee if one 12 of these persons is in attendance at any contest or exhibition, 13 all knowledge or information in his possession concerning any 14 mental or physical disability, injury, illness or incapacity of 15 any boxer. 16 § 720. Sham or collusive contest prohibited. 17 (a) General rule.--No licensee or other person shall 18 knowingly conduct, give, participate in or be in any way 19 connected with any sham or collusive boxing contest. 20 (b) Reports.--Any licensee who knows or has reason to 21 suspect that a boxing contest is, was or is going to be a sham 22 or collusive contest shall have a duty to promptly report this 23 to the executive director or his designee. Such a report shall 24 be in writing or, if oral, shall be reduced to writing and shall 25 contain all of the reporter's reasons for the conclusions set 26 forth in his report. 27 (c) Penalty.--A violation of this section shall constitute a 28 misdemeanor of the third degree. 29 (d) Definition.--As used in this section, the term "sham or 30 collusive contest" means an engagement that is promoted or 19910H1174B1338 - 22 -
1 advertised as a true contest, but in which one or both of the 2 participants does not use his best efforts and skill or does not 3 strive earnestly in good faith to win. The term includes, but is 4 not limited to, any pseudocontest, the result of which has been 5 prearranged, or any pseudocontest in which either participant 6 does not, is not going to or is unable to use or is prevented 7 from using his best efforts and skill as a result of coercion, 8 reward or promise thereof, physical incapacity or disability, 9 suggestion or agreement, or any other improper or unlawful 10 means. 11 CHAPTER 9 12 LICENSES AND PERMITS 13 Sec. 14 901. Power of commission to issue, withhold, suspend or revoke 15 licenses and permits. 16 902. Promoters' licenses. 17 903. Representative managers' licenses. 18 904. Foreign copromoters to procure permits. 19 905. Other licenses required. 20 906. Program permits. 21 907. Amateur events. 22 908. Prohibited interests. 23 909. Local prohibitions. 24 910. Standards for issuance of licenses and permits. 25 911. Duration of license. 26 912. Applications for licenses and permits. 27 913. Oral examinations. 28 914. License fees. 29 915. Permit fees. 30 916. Gross receipts taxes. 19910H1174B1338 - 23 -
1 917. Application and fees. 2 § 901. Power of commission to issue, withhold, suspend or 3 revoke licenses and permits. 4 The commission is hereby granted sole control, authority and 5 jurisdiction to issue, withhold, suspend or revoke any license 6 or permit provided for under this subpart. 7 § 902. Promoters' licenses. 8 No promoter shall, directly or indirectly, conduct, hold or 9 promote any professional contest or exhibition unless he has 10 first procured a promoter's license from the commission. A 11 violation of this section may subject the promoter to suspension 12 of not less than 30 days or revocation of his license, at the 13 discretion of the commission, pursuant to section 1304 (relating 14 to suspension or revocation of licenses or permits). 15 § 903. Representative managers' licenses. 16 (a) General rule.--Before acting as such, every 17 representative manager shall procure a manager's license. He 18 shall file with the department the name of each boxer whom he 19 represents, together with a written consent from each boxer and 20 his manager authorizing him to transact business for the manager 21 or boxer or to act as or for the manager of the boxer. 22 (b) Presumption.--Every person other than the manager of a 23 professional boxer who performs any of the acts usually 24 performed by the manager or who aids, assists or substitutes for 25 the manager or who uses a licensed manager to conceal his own 26 actions as a manager shall be considered a representative 27 manager. 28 (c) Penalty.--A violation of this section may subject the 29 manager to suspension of not less than 30 days or revocation of 30 his license, at the discretion of the commission, pursuant to 19910H1174B1338 - 24 -
1 section 1304 (relating to suspension or revocation of licenses 2 or permits). 3 § 904. Foreign copromoters to procure permits. 4 (a) General rule.--No foreign copromoter shall directly or 5 indirectly participate in the promotion of or receive any 6 remuneration from or render any services in connection with any 7 professional contest or exhibition held within this Commonwealth 8 unless he has first been granted a permit therefor by the 9 commission. No promoter shall be associated with any foreign 10 copromoter in promoting any contest or exhibition unless the 11 foreign copromoter has first secured a permit. A foreign 12 copromoter by accepting a permit agrees to be subject to all the 13 provisions of this subpart and the rules and regulations 14 promulgated under this subpart. 15 (b) Penalty.--A violation of this section may subject the 16 promoter or foreign copromoter, or both, to suspension of not 17 less than 30 days or revocation of his license or permit, at the 18 discretion of the commission, pursuant to section 1304 (relating 19 to suspension or revocation of licenses or permits). 20 § 905. Other licenses required. 21 (a) General rule.--A professional boxer, manager, second, 22 trainer, matchmaker, timekeeper, referee, judge, announcer, 23 physician, booking agent or agency or representative of a 24 booking agent or agency shall not directly or indirectly act in 25 such capacity in connection with any professional contest or 26 exhibition unless he has first procured from the commission a 27 license to act in that capacity. 28 (b) Penalty.--A violation of this section may subject the 29 person required to procure the license to suspension of not less 30 than 30 days or revocation of or refusal to issue the license, 19910H1174B1338 - 25 -
1 at the discretion of the commission, pursuant to section 1304 2 (relating to suspension or revocation of licenses or permits). 3 § 906. Program permits. 4 In addition to the promoter's license, each promoter shall be 5 required to procure a permit from the commission for each 6 program of contests or exhibitions before presenting that 7 program. Each application for a permit shall specify the 8 premises where and time when the program is to be held. 9 § 907. Amateur events. 10 (a) General rule.--Except as otherwise provided in this 11 subpart, no amateur contest or exhibition shall be held without 12 a permit having been first secured by the sponsor from the 13 commission for the event. Subject to subsection (d), amateur 14 contests or exhibitions shall be held in accordance with this 15 subpart and the rules and regulations promulgated under this 16 subpart. 17 (b) Eligibility.--Permits for amateur boxing contests or 18 exhibitions shall be issued only to bona fide recognized amateur 19 athletic associations, nonprofit organizations or other groups 20 or individuals approved by the commission. 21 (c) Permit fee.--The fee for the issuance of a permit for 22 each program of amateur contests or exhibitions shall be fixed 23 by commission regulation. 24 (d) Rules.--With the written approval of the commission, 25 amateur contests or exhibitions may be held in accordance with 26 the rules of the amateur body sanctioning the event. 27 § 908. Prohibited interests. 28 An officer, director, stockholder or employee of a licensed 29 promoter shall not have any other interest in any professional 30 boxer or professional contests or exhibitions except as a 19910H1174B1338 - 26 -
1 matchmaker. 2 § 909. Local prohibitions. 3 No permit shall be issued for the holding of any boxing 4 contest or exhibition within any political subdivision of this 5 Commonwealth which has adopted any local ordinance or resolution 6 prohibiting such contests or exhibitions within its limits. 7 § 910. Standards for issuance of licenses and permits. 8 (a) General rule.--In determining whether to issue or renew 9 any license or permit, the commission shall consider the best 10 interest and welfare of the public, the preservation of the 11 safety and health of participants and the best interests of 12 boxing generally. 13 (b) Prerequisites.--Before being granted any permit or 14 license, the applicant must establish that he is: 15 (1) Of good moral character. 16 (2) Of good reputation. 17 (3) Physically fit and mentally sound. 18 (4) Skilled in his profession. 19 (5) Of requisite age and experience. 20 (6) Not addicted to the intemperate use of alcohol or to 21 the use of narcotic drugs. 22 In the case of a corporate applicant, these factors shall be 23 considered with reference to its officers, directors, employees 24 and principal stockholders. 25 § 911. Duration of license. 26 Each license issued under this subpart shall expire on 27 December 31 next following the date on which it was issued. 28 § 912. Applications for licenses and permits. 29 Every application for a license or a permit shall: 30 (1) Be in writing on a form supplied by the commission. 19910H1174B1338 - 27 -
1 (2) Be verified by the applicant. 2 (3) Set forth such information and have attached thereto 3 such photographs and other exhibits as are required by this 4 subpart, the rules and regulations promulgated under this 5 subpart and the form of application. 6 § 913. Oral examinations. 7 The commission may require any applicant for a license or 8 permit or, in the case of a corporate applicant, any officer, 9 director, employee or stockholder thereof to appear before the 10 commission for an oral examination, under oath, as to 11 qualifications of the applicant before taking action on that 12 application. 13 § 914. License fees. 14 The annual license fees which shall accompany each 15 application for a license or the renewal of a license shall be 16 fixed by commission regulation. 17 § 915. Permit fees. 18 (a) General rule.--The required fees, based upon the seating 19 capacity of the premises where the program is to be presented, 20 shall accompany each application for a permit to present a 21 program of contests or exhibitions. The amount of the fee shall 22 be fixed by commission regulation. 23 (b) Foreign copromoter permit.--The fee for the issuance of 24 a foreign copromoter's permit for each program of contests or 25 exhibitions shall be fixed by commission regulation. 26 § 916. Gross receipts taxes. 27 (a) Gate receipts and broadcast rights.--In addition to the 28 payment of any other fees and moneys due under this subpart, 29 every promoter or sponsor shall pay a tax of 5% of the gross 30 receipts of any contest or exhibition, exclusive of any Federal 19910H1174B1338 - 28 -
1 tax or any tax imposed by any political subdivision of this 2 Commonwealth which was paid thereon. For the purposes of this 3 section, gross receipts include the gross price chargeable for 4 the sale, lease or other exploitation of broadcasting, 5 television and motion picture rights of the contest or 6 exhibition without any deductions for commissions, brokerage 7 fees, distribution fees, advertising or other expenses or 8 charges in respect thereto. For the purposes of this section, 9 gross receipts also include the face value of all tickets sold 10 and complimentary tickets issued. 11 (b) Telecasts.--Any person who shows any contest or 12 exhibition that takes place in this Commonwealth on a closed- 13 circuit telecast that takes place in this Commonwealth or pay- 14 per-view telecast to viewers receiving the broadcast in this 15 Commonwealth shall pay a tax of 3% of the person's gross 16 receipts from any admissions charged to the closed-circuit 17 telecast or from any fees collected for the pay-per-view 18 telecast from such viewers. In the case of a closed-circuit 19 telecast, gross receipts include the face amount of all tickets 20 sold without allocation for any other event included in the 21 admissions price. 22 (c) Payment.--The payment of the gross receipts tax provided 23 for in this section shall be made within 48 hours after the 24 contest or exhibition and shall be accompanied by a form 25 prescribed by the commission setting forth the gross receipts 26 received from the contest or exhibition, together with such 27 other information as the commission may require. Payment shall 28 be accompanied by a verified statement by the ticket printer 29 setting forth the number of tickets printed for use at the 30 contest or exhibition. 19910H1174B1338 - 29 -
1 (d) Collection of tax.--The gross receipts tax provided for 2 in this section shall be collected by the commission and 3 transmitted to the Department of Revenue, together with the 4 reports filed therewith. 5 (e) Penalties.-- 6 (1) Any promoter or sponsor who willfully makes a false 7 and fraudulent report under this section commits perjury and 8 shall, upon conviction, be subject to punishment as provided 9 by law. Such penalty shall be in addition to any other 10 penalties imposed by this subpart. 11 (2) Any promoter or sponsor who willfully fails, 12 neglects or refuses to make a report, or to pay the tax as 13 prescribed by this section, or who refuses to permit the 14 department to examine the books, papers and records of any 15 promotion commits a misdemeanor of the third degree and may 16 be subject to suspension or loss of his license or a civil 17 penalty at the discretion of the commission. 18 § 917. Application and fees. 19 An application for a permit or license shall be verified and 20 shall be accompanied by a nonrefundable application fee in an 21 amount established by the commission by regulation, which fee 22 shall be subject to review in accordance with the act of June 23 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. 24 If the revenues generated by fees and civil penalties imposed 25 pursuant to this subpart are not sufficient to match 26 expenditures over a two-year period, the commission shall adjust 27 those fees by regulation, subject to review in accordance with 28 the Regulatory Review Act, such that the projected revenues will 29 meet or exceed projected expenditures. If the department 30 determines that fees and civil penalties established by the 19910H1174B1338 - 30 -
1 commission are inadequate to meet the costs of minimum 2 enforcement efforts required by this subpart, then the 3 department, after consultation with the commission, shall adjust 4 the fees or civil penalties or both by regulation, subject to 5 review in accordance with the Regulatory Review Act, such that 6 adequate revenues are raised to meet those costs. 7 CHAPTER 11 8 PROMOTION OF CONTESTS AND EXHIBITIONS 9 Subchapter 10 A. Contracts 11 B. Tickets and Advertising 12 C. Admission to Events 13 D. Bonds 14 SUBCHAPTER A 15 CONTRACTS 16 Sec. 17 1101. Commission control of contracts. 18 1102. Notice clause. 19 1103. Provisions in contracts between managers and 20 professional boxers. 21 1104. Approval of contracts. 22 § 1101. Commission control of contracts. 23 The commission, with the approval of the department, shall 24 promulgate rules and regulations governing the form and content 25 of all contracts entered into between or among promoters and 26 foreign copromoters and professional boxers and managers and 27 all contracts between managers and professional boxers. All 28 contracts required under this subpart shall be in writing. 29 § 1102. Notice clause. 30 Every contract subject to the provisions of this subpart 19910H1174B1338 - 31 -
1 shall contain the following clause: 2 This agreement is subject to the provisions of the Boxing 3 Act of the Commonwealth of Pennsylvania and to the rules 4 and regulations of the State Athletic Commission of 5 Pennsylvania, and to any future amendments of either of 6 them. 7 § 1103. Provisions in contracts between managers and 8 professional boxers. 9 (a) General provisions.--Every contract between a manager 10 and a professional boxer shall contain provisions governing its 11 duration, division of the boxer's purses and the minimum sum to 12 be guaranteed annually to the boxer by the manager. 13 (b) Termination of contract.--Each contract shall further 14 provide that the contract shall be automatically terminated if 15 the license of either party is revoked by the commission or if 16 the manager fails to renew his license within 30 days after its 17 expiration. If the license of either party is suspended, the 18 contract shall not be binding upon the other party during the 19 period of the suspension. 20 § 1104. Approval of contracts. 21 No contract between a manager and a professional boxer shall 22 be legally valid until both parties to the contract appear 23 before the commission and have received its approval, which 24 shall be endorsed on the contract. 25 SUBCHAPTER B 26 TICKETS AND ADVERTISING 27 Sec. 28 1111. Tickets. 29 1112. Penalty for destroying tickets. 30 1113. Ticket refunds. 19910H1174B1338 - 32 -
1 1114. Advertising matter to state admission price. 2 § 1111. Tickets. 3 (a) Scheduled date and price.--Every ticket of admission to 4 a contest or exhibition shall clearly show on its face the 5 scheduled date of the contest or exhibition and its purchase 6 price, including any taxes thereon. 7 (b) Price limitation.--No ticket shall be sold by any 8 promoter or foreign copromoter for more than the price printed 9 thereon. 10 (c) Antiscalping provision.--No other person shall sell any 11 ticket for more than 50¢ in excess of the price printed on the 12 ticket. No licensee shall directly or indirectly receive any 13 part of any excess price. 14 (d) Numbering of tickets.--Tickets in each price range shall 15 be consecutively numbered, and the number of each ticket shall 16 be clearly printed on both the stub and main portion of the 17 ticket. 18 (e) Schedule of tickets.--A schedule of the numbers of all 19 tickets in each price range shall be furnished to the 20 commission. 21 § 1112. Penalty for destroying tickets. 22 Except upon receipt of prior written authorization from the 23 department, it shall be a misdemeanor of the second degree for 24 any promoter or person associated with or employed by any 25 promoter to destroy any ticket or ticket stub, whether sold or 26 unsold, within six months after the date of any contest or 27 exhibition. 28 § 1113. Ticket refunds. 29 (a) Full refund.--Upon postponement or cancellation of the 30 main event or the entire program of contests or exhibitions, the 19910H1174B1338 - 33 -
1 promoter shall refund the full purchase price of each ticket to 2 any person who presents the entire ticket for a refund within 3 ten days after the scheduled date of the event. The promoter 4 shall announce the postponement or cancellation at the beginning 5 of the program and at other times during the event as the 6 commission shall prescribe and shall notify the ticketholders in 7 each announcement that they may present their ticket stubs for a 8 refund of the purchase price during the program. The commission 9 may require that written notice of the cancellation or 10 postponement and the right to refund be posted at the site of 11 the event in such manner as it may prescribe. After the event 12 has concluded, a promoter who has complied with this subsection 13 need not refund the purchase price upon presentation of a ticket 14 stub. 15 (b) Forfeiture of security.--Failure of any promoter or 16 foreign copromoter to comply with the provisions of subsection 17 (a) shall be sufficient cause to warrant a forfeiture of his 18 bond or other security and an imposition of a penalty or 19 suspension or revocation of his license by the department as 20 provided under section 1304 (relating to suspension or 21 revocation of licenses or permits) or 1305 (relating to civil 22 penalties). 23 (c) Pro rata refunds.--From the fund produced by the 24 forfeiture, pro rata refunds shall be made by the department to 25 persons who purchased tickets, in accordance with subsection 26 (a). 27 § 1114. Advertising matter to state admission price. 28 Each showcard, bill, poster, newspaper or other advertisement 29 of any contest or exhibition shall contain a schedule of 30 admission prices and a conspicuous statement of whether a 19910H1174B1338 - 34 -
1 contest or exhibition is being presented. Failure to comply with 2 the provisions of this section shall constitute grounds for the 3 suspension or revocation of the promoter's license. 4 SUBCHAPTER C 5 ADMISSION TO EVENTS 6 Sec. 7 1121. Admissions not to exceed seating capacity. 8 1122. Age of spectators. 9 § 1121. Admissions not to exceed seating capacity. 10 It shall be a misdemeanor of the third degree for any 11 promoter to admit to any contest or exhibition more persons than 12 there are seats in the place where the contest or exhibition is 13 being held. 14 § 1122. Age of spectators. 15 No minor 16 years of age or under shall be permitted to 16 attend any contest or exhibition unless accompanied by an adult. 17 SUBCHAPTER D 18 BONDS 19 Sec. 20 1131. Promoters and foreign copromoters required to file bonds. 21 1132. Deposit in lieu of surety bond. 22 1133. Filing fee. 23 1134. Recovery on bond. 24 § 1131. Promoters and foreign copromoters required to file 25 bonds. 26 (a) General rule.--Before any license or renewal of a 27 license is issued to a promoter and before any permit is issued 28 to a foreign copromoter, he shall be required to execute and 29 file a surety bond with the department in such reasonable 30 amount, but not less than $3,000, as the department shall 19910H1174B1338 - 35 -
1 determine. 2 (b) Form of bond.--All bonds shall be upon forms supplied by 3 the department, which shall have first adopted them with the 4 approval of the Office of Attorney General. 5 (c) Approval of sureties.--The sufficiency of the sureties 6 shall be subject to approval of the department and the Office of 7 Attorney General. 8 (d) Conditions.--The surety bond shall be conditioned upon 9 the faithful performance by the promoter or foreign copromoter 10 of his obligations under this subpart and the rules and 11 regulations promulgated pursuant to this subpart, including, but 12 not limited to, the fulfillment of his contractual obligations 13 to contestants, managers and other licensees, and the payment of 14 all license and permit fees provided for in this subpart. The 15 aggregate annual liability of the surety for all obligations and 16 fees shall not exceed the amount of the bond. 17 § 1132. Deposit in lieu of surety bond. 18 In lieu of the surety bond required by section 1131 (relating 19 to promoters and foreign copromoters required to file bonds), 20 the promoter may deposit with the department cash, a certified 21 check, letter of credit or direct obligations of the United 22 States or the Commonwealth of Pennsylvania acceptable to the 23 department, in an equivalent amount and subject to the same 24 conditions. The security shall not be returned to the promoter 25 until one year after the date on which it was deposited with the 26 department, unless a surety bond is substituted for the 27 security. Upon the expiration of one year from the date on which 28 the security was deposited, it shall be returned to the 29 depositor if no claim against the deposit is outstanding. 30 § 1133. Filing fee. 19910H1174B1338 - 36 -
1 A filing fee fixed by the commission shall accompany each 2 bond filed or cash or security deposited in lieu of the bond 3 under this subchapter. 4 § 1134. Recovery on bond. 5 Recovery may be had on the bond or against the deposit of 6 cash or security in the same manner as penalties are recoverable 7 at law. 8 CHAPTER 13 9 ENFORCEMENT 10 Sec. 11 1301. Commission hearings. 12 1302. Subpoenas. 13 1303. Preliminary suspension of licenses or permits. 14 1304. Suspension or revocation of licenses or permits. 15 1305. Civil penalties. 16 § 1301. Commission hearings. 17 The commission shall conduct all hearings under the 18 provisions of Title 2 (relating to administrative law and 19 procedure). The commission shall conduct a hearing within ten 20 business days from the time any recommendation is made by the 21 executive director that a permit or license be suspended or 22 revoked. 23 § 1302. Subpoenas. 24 The commission may issue subpoenas in connection with the 25 investigation, requiring the attendance and testimony of or the 26 production of books and papers by any licensee or other person 27 whom the commission believes to have information, books or 28 papers of importance to it in making the investigation. 29 § 1303. Preliminary suspension of licenses or permits. 30 (a) General rule.--The commission may, upon its own motion 19910H1174B1338 - 37 -
1 or upon the verified written complaint of any person charging a 2 licensee or permittee with violating any provision of this 3 subpart or the rules and regulations promulgated under this 4 subpart, order the preliminary suspension of any license or 5 permit until adjudication by the commission, if such action is 6 necessary to prevent immediate or irreparable harm to the public 7 welfare or to protect the health and safety of a boxer. 8 (b) Meetings.--Upon the oral or written agreement of two 9 members of the commission, the commission may conduct meetings 10 under subsection (a) by voice or video electronic means, if the 11 subject matter of the meeting is so compelling or timely that 12 considering the matter at the commission's next regular meeting 13 would render any decision moot, adversely affect the rights of 14 the aggrieved parties under this subpart or threaten the safety 15 or physical health of participants. A stenographic record of 16 such meetings shall be made and maintained by the commission and 17 be made available to the parties upon request. The subject 18 matter of any such meeting shall then become the first item on 19 the commission's agenda for its next regularly scheduled 20 meeting. 21 (c) Hearing date.--The commission shall hold a hearing 22 within ten business days after the date on which the license or 23 permit was suspended preliminarily, at which time reasonable 24 efforts shall be made for the affected parties and the 25 commission to be physically present. 26 § 1304. Suspension or revocation of licenses or permits. 27 (a) General rule.--The commission may suspend or revoke a 28 license or permit in any case where the commission finds that 29 the licensee or permittee: 30 (1) Is guilty of gross immorality. 19910H1174B1338 - 38 -
1 (2) Is unfit or incompetent by reason of negligence or 2 habits. 3 (3) Is guilty of violating any provision of this subpart 4 or of the rules and regulations promulgated under this 5 subpart. 6 (4) Has committed fraud or deceit in securing his or 7 another's license or permit. 8 (5) Has been convicted of, or pleaded guilty or entered 9 a plea of nolo contendere to, or has been found guilty by a 10 judge or jury of, a crime in any jurisdiction within ten 11 years preceding the suspension or revocation. 12 (6) Is an habitual drunkard or is addicted to the use of 13 morphine, cocaine or other drugs having a similar effect. 14 (7) Is or has become mentally incompetent. 15 (8) Has been guilty of unprofessional or unethical 16 conduct or such conduct as to require a suspension or 17 revocation in the public interest. 18 (9) Has made a misstatement of a material fact or 19 fraudulently concealed a material fact or has induced, aided 20 or abetted any other person in misstating or concealing any 21 material fact in any application or other proceeding under 22 this subpart. 23 (10) Has failed to account for or pay over moneys 24 belonging to others which have come into his possession in 25 connection with a contest or exhibition. 26 (11) Has failed to furnish to the proper party a copy of 27 any contract or statement required by this subpart or the 28 rules and regulations promulgated under this subpart, or has 29 breached such a contract. 30 (12) Has paid or agreed to pay any money or article of 19910H1174B1338 - 39 -
1 value to any person not having a license or a permit for 2 soliciting or for business secured or for rendering of any 3 service or the doing of any of the acts forbidden by this 4 subpart and the rules and regulations promulgated under this 5 subpart. 6 (13) Has loaned his license or permit to another person 7 or has borrowed or used the license or permit of another. 8 (14) Is guilty of any form of pretense which might 9 induce the public or citizens to become a prey to 10 professional exploitation. 11 (15) Has employed a person who has not been issued a 12 license or permit when so required by law. 13 (16) Has failed to maintain in force the bond required 14 by this subpart or has failed to forward a deposit in lieu of 15 the bond. 16 (17) Has by act or omission conducted himself in a 17 manner detrimental to the best interests of boxing generally 18 or to the public interest and general welfare. 19 (18) Is associating or consorting with criminals, 20 bookmakers, gamblers or persons of similar ill repute, or 21 with persons of no known or visible means of livelihood, or 22 is himself engaged or engaging in similar pursuits or 23 conduct. 24 (19) Has been disciplined in any manner by the 25 commission or similar agency or body of any jurisdiction. 26 (20) Has failed to pay a fine or any part thereof 27 imposed pursuant to this subpart. 28 (21) Is or may be at risk of serious physical impairment 29 if allowed to participate in boxing engagements. The 30 commission may investigate the mental or physical fitness of 19910H1174B1338 - 40 -
1 a licensee to participate in contests or exhibitions at any 2 time. This paragraph only applies to licensees or permittees 3 who are boxers. 4 (b) Hearings.--Any licensee or permittee whose license or 5 permit is suspended or revoked pursuant to this section shall 6 have a right to a hearing before the commission within ten 7 business days after the date on which the license or permit is 8 suspended or revoked. 9 § 1305. Civil penalties. 10 The commission may impose a civil penalty of not more than 11 $5,000 for any violation of any provision of this subpart, other 12 than section 1701 (relating to prohibited competitions), or the 13 rules and regulations promulgated under those provisions, in 14 addition to any other punishment provided under this subpart for 15 the violation. Any licensee or permittee upon whom a civil 16 penalty is imposed under this section shall have a right to a 17 hearing before the commission within ten days after notice of 18 the commission's intent to impose the penalty is received. 19 CHAPTER 15 20 FINANCIAL PROVISIONS 21 Subchapter 22 A. Financial Interests 23 B. Commission Receipts 24 C. Purses 25 D. Insurance 26 SUBCHAPTER A 27 FINANCIAL INTERESTS 28 Sec. 29 1501. Financial interest in boxer prohibited. 30 1502. Financial interest in opponent prohibited. 19910H1174B1338 - 41 -
1 1503. Financial interest of matchmaker. 2 § 1501. Financial interest in boxer prohibited. 3 No commission member or employee or physician, referee or 4 judge licensed under this subpart, shall have any direct or 5 indirect financial or pecuniary interest in any boxer. A 6 violation of this section shall constitute a misdemeanor of the 7 third degree. 8 § 1502. Financial interest in opponent prohibited. 9 No manager, trainer or second of any boxer shall have any 10 direct or indirect financial or pecuniary interest in the 11 opponent in any contest in which his own boxer participates. No 12 boxer shall have any direct or indirect financial or pecuniary 13 interest in his opponent in any contest. A violation of this 14 section shall constitute a misdemeanor of the third degree. 15 § 1503. Financial interest of matchmaker. 16 No matchmaker shall have any direct or indirect financial or 17 pecuniary interest in any boxer who is engaging in a contest 18 arranged by that matchmaker. A violation of this section shall 19 constitute a misdemeanor of the third degree. 20 SUBCHAPTER B 21 COMMISSION RECEIPTS 22 Sec. 23 1511. Disposition of commission receipts. 24 1512. Athletic Commission Augmentation Account. 25 § 1511. Disposition of commission receipts. 26 All fees, taxes, civil penalties, forfeitures and other 27 moneys collected under the provisions of this subpart and the 28 rules and regulations promulgated under this subpart shall be 29 collected by the commission and transmitted to the Department of 30 Revenue. 19910H1174B1338 - 42 -
1 § 1512. Athletic Commission Augmentation Account. 2 All funds collected by the commission shall be paid into the 3 Athletic Commission Augmentation Account, which shall be a 4 special restricted receipts account within the General Fund. 5 This account shall be used only for the support and operation of 6 the commission unless a surplus arises after two consecutive 7 years, at which time the secretary shall transfer any amount in 8 excess of the commission's budget into the General Fund. 9 SUBCHAPTER C 10 PURSES 11 Sec. 12 1521. Minimum purses for boxers. 13 1522. Distribution of purses to boxers. 14 1523. Withholding of purses. 15 1524. Hearing regarding withheld purse. 16 1525. Disposition of withheld purse. 17 1526. Advances against purses. 18 § 1521. Minimum purses for boxers. 19 No purse less than $50 shall be paid by the promoter to any 20 professional boxer for any contest or exhibition, other than a 21 training exhibition. 22 § 1522. Distribution of purses to boxers. 23 (a) Promoter distribution.--Unless otherwise directed by the 24 commission or an authorized agent of the commission, all boxing 25 purses shall be distributed by the promoter immediately after 26 the conclusion of the contest or exhibition and, in any event, 27 not later than 24 hours after the conclusion. A written 28 statement showing the distribution of the purse, including each 29 item of receipt and each expenditure or deduction, shall be 30 furnished to the boxer and his manager, together with his share 19910H1174B1338 - 43 -
1 of the purse. A copy of the statement, certified by the promoter 2 to be true and correct, shall be filed in the office of the 3 executive director and shall have attached to it receipted 4 vouchers for every expenditure or deduction. 5 (b) Manager distribution.--Unless otherwise directed by the 6 commission or an authorized agent of the commission, every 7 manager shall furnish a statement of distribution to the boxer 8 he manages, together with the boxer's share of the purse, 9 immediately after he receives the purse and statement from the 10 promoter and, in any event, not later than 24 hours after 11 receipt. A copy thereof, certified by the manager to be true and 12 correct, shall be filed in the office of the executive director 13 and shall have attached to it receipted vouchers for every 14 expenditure or deduction made by the manager. 15 § 1523. Withholding of purses. 16 (a) General rule.--The commission may order the promoter to 17 withhold any purse, or any part thereof, or any receipts or 18 other funds belonging to or payable to any contestant or for 19 which any contestant is competing, or any manager's share 20 thereof, if it appears that the contestant is not competing 21 honestly or is intentionally not competing to the best of his 22 ability and skill, or if it appears that the contestant, his 23 manager or any of his seconds has violated any provision of this 24 subpart or the rules and regulations promulgated under this 25 subpart. 26 (b) Escrow.--The commission may order that the gross 27 receipts shall be withheld and placed in escrow if it appears 28 that this subpart has been violated. 29 § 1524. Hearing regarding withheld purse. 30 (a) Delivery to commission.--Any purse or portion thereof 19910H1174B1338 - 44 -
1 withheld under section 1523 (relating to withholding of purses) 2 shall be delivered by the promoter to the commission within 48 3 hours after the end of the contest. 4 (b) Request for hearing.--Within ten days after the end of 5 the contest, the licensee from whom the sum was withheld may 6 apply in writing to the commission for a hearing. Upon receipt 7 of the application, the commission shall fix a date for a 8 hearing. 9 § 1525. Disposition of withheld purse. 10 (a) General rule.--Within a reasonable time after the 11 hearing or after the expiration of ten days following the 12 contest, if no application for a hearing is filed, the 13 commission shall determine the disposition to be made of the 14 withheld purse. 15 (b) Withholding.--If the commission finds the charges upon 16 which the withholding order was based to be true and to be 17 sufficient lawful reason upon which to base such an order, it 18 may declare the funds, or any part thereof, withheld or 19 forfeited. 20 (c) Distribution.--If the commission finds the charge or 21 charges to be untrue or not to be sufficient lawful reason upon 22 which to base a withholding order, it shall distribute the 23 withheld funds to the persons entitled thereto. 24 § 1526. Advances against purses. 25 (a) General rule.--No promoter or foreign copromoter shall 26 pay, lend or give any money to a contestant before any contest 27 as an advance against his purse or for a similar purpose. A 28 promoter may, with the prior written permission of the 29 commission, pay or advance to a contestant necessary expenses 30 for transportation and maintenance in preparation for a contest. 19910H1174B1338 - 45 -
1 (b) Forfeiture of purse.--If a contestant's purse is 2 forfeited, the commission may include such payments or advances 3 as part of the forfeiture, and, if he does not forward that 4 amount to the department, it may be recovered in the same manner 5 as a debt due the Commonwealth. 6 SUBCHAPTER D 7 INSURANCE 8 Sec. 9 1531. Insurance coverage of boxers. 10 § 1531. Insurance coverage of boxers. 11 The commission may promulgate rules and regulations requiring 12 licensed boxers to be covered by insurance for: 13 (1) Medical, surgical and hospital care resulting from 14 injuries sustained while preparing for or engaged in boxing 15 contests or exhibitions with the insured being the 16 beneficiary of the policies. 17 (2) Life, providing for payments to the estates or 18 beneficiaries of deceased boxers where death was caused by 19 injuries received while preparing for or engaged in contests 20 or exhibitions. 21 The premiums for this insurance shall be paid by the insured's 22 manager. 23 CHAPTER 17 24 MISCELLANEOUS PROVISIONS 25 Sec. 26 1701. Prohibited competitions. 27 § 1701. Prohibited competitions. 28 (a) Offense denied.--A person commits a misdemeanor of the 29 first degree if he promotes, sponsors or participates in any 30 manner in the staging of, or the conduct of, any tough guy 19910H1174B1338 - 46 -
1 contest. 2 (b) Application of section.--This section shall not apply 3 to: 4 (1) News media, including, but not limited to, 5 television, radio, newspapers and periodicals for their 6 reporting activities relating to any tough guy contest. 7 (2) Amateur or professional contests or exhibitions for 8 which a permit has been issued under Chapter 9 (relating to 9 licenses and permits). 10 (3) Professional wrestling exhibitions. 11 (4) Contests staged in connection with athletic training 12 programs. 13 (5) Amateur or professional martial arts contests. 14 (6) Collegiate or scholastic boxing, wrestling or 15 martial arts contests. 16 (7) Professional or amateur wrestling contests not 17 prohibited by the commission under Subpart C (relating to 18 wrestling). 19 (c) Definition.--As used in this section, the term "tough 20 guy contest" means any competition which involves any physical 21 contact bout between two or more individuals who attempt to 22 knock out the opponent by employing boxing, wrestling, martial 23 arts tactics, kicking, choking or other techniques or any 24 combination thereof. 25 SUBPART C 26 WRESTLING 27 Chapter 28 19. Preliminary Provisions 29 21. Regulation of Professional Wrestling Contests and 30 Exhibitions 19910H1174B1338 - 47 -
1 23. Regulation of Amateur Wrestling Contests and Exhibitions 2 CHAPTER 19 3 PRELIMINARY PROVISIONS 4 Sec. 5 1901. Short title of subpart. 6 1902. Definitions. 7 1903. Applicability of subpart. 8 § 1901. Short title of subpart. 9 This subpart shall be known and may be cited as the Wrestling 10 Act. 11 § 1902. Definitions. 12 Subject to additional definitions contained in subsequent 13 provisions of this subpart which are applicable to specific 14 provisions of this subpart, the following words and phrases when 15 used in this subpart shall have the meanings given to them in 16 this section unless the context clearly indicates otherwise: 17 "Promoter." Any person and, in the case of a corporation, an 18 officer, director, employee or shareholder thereof who produces, 19 arranges or stages any professional wrestling exhibition. 20 "Wrestling contest." A wrestling engagement in which the 21 wrestlers strive earnestly in good faith to win. 22 "Wrestling event." One or more wrestling exhibitions 23 conducted at the same location on the same day. 24 "Wrestling exhibition." An engagement in which the 25 participants display their skills in a struggle against each 26 other in the ring, with or without the use of accessories, 27 without necessarily striving to win, provided that contests 28 prohibited by law shall not be considered exhibitions. 29 § 1903. Applicability of subpart. 30 This subpart shall not apply to any amateur or professional 19910H1174B1338 - 48 -
1 wrestling contest or exhibition held solely as a training event 2 for the Olympic Games and certified as such an event by the 3 commission. 4 CHAPTER 21 5 REGULATION OF PROFESSIONAL WRESTLING CONTESTS 6 AND EXHIBITIONS 7 Sec. 8 2101. Promoter's license. 9 2102. Promoter's bonding requirements. 10 2103. Gross receipts taxes. 11 2104. Physician to be in attendance. 12 2105. Ambulance available. 13 2106. Crowd control. 14 2107. Prohibited acts. 15 2108. Enforcement. 16 2109. Penalties. 17 2110. Disposition of commission receipts. 18 § 2101. Promoter's license. 19 (a) Required.--No promoter shall conduct, hold or promote 20 any professional wrestling contest or exhibition unless the 21 promoter has first obtained a promoter's license from the 22 commission. A promoter licensed under the act of July 1, 1989 23 (P.L.160, No.29), known as the Professional Wrestling Act, 24 including a promoter deemed licensed under section 3(a) of that 25 act, shall be deemed licensed under this subpart, unless the 26 commission has suspended or revoked the license or the license 27 has expired. A promoter's license shall be issued by the 28 commission upon the filing by an applicant of the following: 29 (1) A license fee of $100. 30 (2) A surety bond as required under section 2102 19910H1174B1338 - 49 -
1 (relating to promoter's bonding requirements). 2 (3) An application form stating the name, address, phone 3 number, taxpayer identification number and nature of the 4 entity applying for the license. 5 (b) Prohibition.--The commission shall not issue or renew a 6 promoter's license to a person who has been convicted of or 7 pleaded guilty or nolo contendere to any of the following 8 offenses during the ten years preceding the application date: 9 (1) Bribery. 10 (2) Corrupt solicitation. 11 (3) Extortion. 12 (4) Perjury or subornation of perjury. 13 (5) Carrying a deadly weapon. 14 (6) Any offense set forth in 18 Pa.C.S. Ch. 43 Subch. A 15 (relating to definition of offenses generally), 55 (relating 16 to riot, disorderly conduct and related offenses), 59 17 (relating to public indecency) or 63 (relating to minors). 18 (7) Bribery in athletic contests. 19 (8) Soliciting or accepting a bribe in athletic 20 contests. 21 (9) Professional theft. 22 (10) Murder. 23 (11) Administering drugs. 24 (12) Rape. 25 (13) Indecent assault. 26 (14) Kidnapping. 27 (15) Any offense involving the use, sale or delivery of 28 narcotics. 29 (c) Renewal.--A promoter's license shall be renewed annually 30 upon payment of a license fee of $100 to the Athletic Commission 19910H1174B1338 - 50 -
1 Augmentation Account. The license shall expire on December 31 2 next following issuance. 3 (d) Reports.--At least ten days before the scheduled date of 4 any professional wrestling contest or exhibition, the promoter 5 of the contest or exhibition shall notify the commission in 6 writing of the date, time and location of the event. 7 (e) Suspension.--Upon conviction of a promoter for any 8 violation of this subpart, the commission shall suspend the 9 promoter's license for a period as follows: 10 (1) For an offense other than as provided in paragraph 11 (2), 60 days. 12 (2) For an offense committed within 12 months after 13 conviction of a prior offense, 90 days. 14 (f) Revocation.--Upon conviction of a promoter of a 15 violation of this subpart committed within 12 months after 16 conviction of a violation as defined under subsection (e)(2), 17 the commission shall revoke the promoter's license. The license 18 shall not be reissued prior to the expiration of one year from 19 the effective date of revocation. 20 § 2102. Promoter's bonding requirements. 21 (a) General rule.--Before the scheduled date of any 22 professional wrestling contest or exhibition, the promoter shall 23 provide the commission and shall maintain in effect a surety 24 bond in an amount of not less than $10,000, as the department 25 shall determine. 26 (b) Conditions of bond.--The surety bond shall be 27 conditioned upon the faithful performance by the promoter of his 28 obligations under this subpart and any contract with an entity 29 in charge of an arena or other facility at which the exhibition 30 is held. All bonds shall be on a form supplied by the department 19910H1174B1338 - 51 -
1 and shall be accompanied by a filing fee fixed by the 2 commission. 3 (c) Recovery on bond.--Recovery may be had on the bond in 4 the same manner as penalties are recoverable at law. 5 § 2103. Gross receipts taxes. 6 (a) Imposition of tax.--In addition to any Federal tax or 7 tax imposed by any political subdivision of this Commonwealth to 8 be paid on gross receipts, every promoter shall pay a State tax 9 of 5% of the face value of all tickets sold to any wrestling 10 contest or exhibition. 11 (b) Payment of tax.--The tax payment shall be made to the 12 commission within ten days after the contest or exhibition. The 13 payment shall be accompanied by a form prescribed by the 14 commission setting forth the taxable receipts received from the 15 contest or exhibition, together with such other information as 16 the department may require. Payment shall be accompanied by a 17 verified statement by the ticket printer showing the number of 18 tickets printed for use at the contest or exhibition. Any 19 payment not received by the commission within the ten-day period 20 shall be subject to a late fee fixed by the commission by 21 regulation, which shall be not more than $100. 22 § 2104. Physician to be in attendance. 23 Before any professional wrestling contest or exhibition shall 24 take place, the promoter and the operator of the arena or 25 facility shall employ a physician to be present at every 26 wrestling contest or exhibition. The physician shall observe the 27 physical condition of the participants throughout the contest or 28 exhibition and shall be authorized to terminate the contest or 29 exhibition when, in his judgment, severe injury would result if 30 the contest or exhibition were to continue. The physician's fee 19910H1174B1338 - 52 -
1 shall be paid by the promoter. 2 § 2105. Ambulance available. 3 Before any professional wrestling contest or exhibition shall 4 take place, the promoter and the operator of the arena or 5 facility shall have an ambulance or paramedical unit present at 6 the arena in case a serious injury were to occur. If the 7 ambulance or paramedical unit is located within five miles of 8 the arena and that unit has been notified to be on call by the 9 promoter, the unit need not be present at the arena. 10 § 2106. Crowd control. 11 Before any professional wrestling contest or exhibition shall 12 take place, the promoter and the operator of the arena or 13 facility shall ensure that adequate security personnel are in 14 attendance to control fans in attendance. The size of the 15 security force is at the discretion of the promoter and the 16 owner or operator of the arena or facility, as they shall agree. 17 § 2107. Prohibited acts. 18 (a) Arena owners or operators.--An owner or operator of an 19 arena or other facility at which a professional wrestling 20 contest or exhibition takes place shall not destroy any ticket 21 or ticket stub, whether sold or unsold, within three months 22 after the date of any exhibition. 23 (b) Wrestlers.--A wrestler shall not deliberately cut or 24 otherwise mutilate himself while participating in a wrestling 25 contest or exhibition. 26 (c) Promoter.--A promoter shall not do any of the following: 27 (1) Conduct any professional wrestling contest or 28 exhibition without satisfying the bond requirements specified 29 in section 2102 (relating to promoter's bonding 30 requirements). 19910H1174B1338 - 53 -
1 (2) Employ as a participant in a wrestling contest or 2 exhibition any individual who is under 18 years of age. 3 § 2108. Enforcement. 4 (a) General rule.--The executive director may assign a 5 representative of the commission to any professional wrestling 6 contest or exhibition to ensure compliance with this subpart. 7 This representative shall be admitted by the promoter without 8 fee. In place of a commission representative the executive 9 director may, upon notifying the police chief of any municipal 10 police department, request that a designee of the local police 11 department monitor the compliance of this subpart at the 12 exhibition. 13 (b) Enforcement fee.--The promoter shall pay a fee of $100 14 for each wrestling event to the enforcement entity attending the 15 event under subsection (a) to cover the costs of enforcement of 16 this subpart. 17 § 2109. Penalties. 18 Except for a violation of section 2101 (relating to 19 promoter's license) or 2107 (relating to prohibited acts), a 20 knowing or reckless violation of any provision of this subpart 21 shall be a summary offense. A knowing or reckless violation of 22 section 2101 or 2107 shall be a misdemeanor of the third degree. 23 In addition to any other procedure for instituting proceedings, 24 the executive director may, upon receiving a report of an 25 unlawful incident or a violation of this subpart, authorize the 26 filing of a complaint or citation pursuant to the Pennsylvania 27 Rules of Criminal Procedure. 28 § 2110. Disposition of commission receipts. 29 Fees, taxes, fines, forfeitures and other money collected 30 under the provisions of this subpart and the rules and 19910H1174B1338 - 54 -
1 regulations promulgated under this part, including all fees 2 charged under this part and fines imposed and collected for 3 violations of this part, shall be collected by the commission, 4 transmitted to the Department of Revenue and paid into the 5 Athletic Commission Augmentation Account established in section 6 1512 (relating to Athletic Commission Augmentation Account). 7 CHAPTER 23 8 REGULATION OF AMATEUR WRESTLING CONTESTS 9 AND EXHIBITIONS 10 Sec. 11 2301. Amateur wrestling contests and exhibitions. 12 § 2301. Amateur wrestling contests and exhibitions. 13 All amateur wrestling contests and exhibitions shall be 14 subject to the provisions of Chapter 21 (relating to regulation 15 of professional wrestling contests and exhibitions) and to such 16 regulations promulgated under this subpart as apply by their 17 terms to amateur events. The commission may approve the rules of 18 an appropriate body which organizes and holds such contests and 19 may grant the body authority to conduct those contests, subject 20 to such regulatory control or oversight as the commission deems 21 necessary. 22 Section 2. Status of existing licenses and permits. 23 This act shall not adversely affect licenses or permits 24 issued under or otherwise valid under the act of July 1, 1989 25 (P.L.136, No.28), known as the Athletic Code, or the act of July 26 1, 1989 (P.L.160, No.29), known as the Professional Wrestling 27 Act. This act shall not affect any suspensions, revocations or 28 other action taken with respect to licenses and permits by the 29 Department of State or the State Athletic Commission under 30 applicable law. 19910H1174B1338 - 55 -
1 Section 3. Current members of State Athletic Commission and 2 Medical Advisory Board. 3 Any person who is a member of the State Athletic Commission 4 or the Medical Advisory Board on the effective date of this act 5 shall serve on the commission or board for a term of four years 6 from his date of appointment and until his successor is 7 appointed and qualified. 8 Section 4. Effect of prior rules and regulations. 9 (a) All rules and regulations made pursuant to or valid 10 under any act repealed by this act shall continue in force and 11 effect unless contrary to the provisions of 5 Pa.C.S. Pt. I 12 (relating to boxing and wrestling). 13 (b) Regulations promulgated under the act of April 12, 1951 14 (P.L.90, No.21), known as the Liquor Code, are invalidated 15 insofar as they are inconsistent with section 1 (section 107). 16 Section 5. Repayment of appropriation. 17 The appropriation under section 3107 of the act of July 1, 18 1989 (P.L.136, No.28), known as the Athletic Code, shall be 19 repaid by the State Athletic Commission to the Professional 20 Licensure Augmentation Account by June 30, 1995. 21 Section 6. Repeals. 22 The following acts and parts of acts are repealed in their 23 entirety: 24 Act of July 1, 1989 (P.L.136, No.28), known as the Athletic 25 Code. 26 Act of July 1, 1989 (P.L.160, No.29), known as the 27 Professional Wrestling Act. 28 Section 7. Effective date. 29 This act shall take effect immediately. D4L05BIL/19910H1174B1338 - 56 -