PRINTER'S NO. 1338

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
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     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
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     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
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     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
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     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.
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     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
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     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
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     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
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     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
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     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
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     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
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     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.
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     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.--
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     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
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     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
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     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.
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     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
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     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).
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     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
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     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.
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     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.

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