PRIOR PRINTER'S NO. 1338 PRINTER'S NO. 2459
No. 1174 Session of 1991
INTRODUCED BY PETRONE, OLIVER, FAIRCHILD, BUNT, McCALL, DeLUCA, CESSAR, GEIST, LaGROTTA, GRUPPO, KASUNIC AND O'BRIEN, APRIL 17, 1991
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 7, 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; LEVYING GROSS RECEIPTS <-- 4 TAXES; and making repeals. 5 TABLE OF CONTENTS 6 TITLE 5 7 ATHLETICS AND SPORTS 8 PART I. BOXING AND WRESTLING 9 SUBPART A. GENERAL PROVISIONS 10 Chapter 1. Preliminary Provisions 11 § 101. Definitions. 12 § 102. State Athletic Commission. 13 § 103. Duties of commission. 14 § 104. Appointment and qualifications of executive director. 15 § 105. Powers and duties of executive director. 16 § 106. Limitations on applicability of part. 17 SUBPART B. BOXING 18 Chapter 3. Preliminary Provisions
1 § 301. Short title of subpart. 2 § 302. Definitions. 3 Chapter 5. Medical Advisory Board 4 § 501. Medical Advisory Board. 5 Chapter 7. Regulation of Boxing Contests and Exhibitions 6 § 701. Boxing regulated. 7 § 702. Age of participants. 8 § 703. Fictitious names. 9 § 704. Physician to be in attendance. 10 § 705. Medical training seminars. 11 § 706. Register. 12 § 707. Medical equipment. 13 § 708. Suspension and revocation for injuries. 14 § 709. Medical examinations. 15 § 710. Weights and classes. 16 § 711. Limitation on difference in weights. 17 § 712. Gloves. 18 § 713. Ring padding. 19 § 714. Duration of bouts and rounds. 20 § 715. Referee and judges. 21 § 716. Seconds. 22 § 717. Mandatory eight count. 23 § 718. Knockouts. 24 § 719. Duty of disclosure. 25 § 720. Sham or collusive contest prohibited. 26 Chapter 9. Licenses and Permits 27 § 901. Power of commission to issue, withhold, suspend or 28 revoke licenses and permits. 29 § 902. Promoters' licenses. 30 § 903. Representative managers' licenses. 19910H1174B2459 - 2 -
1 § 904. Foreign copromoters to procure permits. 2 § 905. Other licenses required. 3 § 906. Program permits. 4 § 907. Amateur events. 5 § 908. Prohibited interests. 6 § 909. Local prohibitions. 7 § 910. Standards for issuance of licenses and permits. 8 § 911. Duration of license. 9 § 912. Applications for licenses and permits. 10 § 913. Oral examinations. 11 § 914. License fees. 12 § 915. Permit fees. 13 § 916. Gross receipts taxes. 14 § 917. Application and fees. 15 Chapter 11. Promotion of Contests and Exhibitions 16 Subchapter A. Contracts 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 Subchapter B. Tickets and Advertising 23 § 1111. Tickets. 24 § 1112. Penalty for destroying tickets. 25 § 1113. Ticket refunds. 26 § 1114. Advertising matter to state admission price. 27 Subchapter C. Admission to Events 28 § 1121. Admissions not to exceed seating capacity. 29 § 1122. Age of spectators. 30 Subchapter D. Bonds 19910H1174B2459 - 3 -
1 § 1131. Promoters and foreign copromoters required to file 2 bonds. 3 § 1132. Deposit in lieu of surety bond. 4 § 1133. Filing fee. 5 § 1134. Recovery on bond. 6 Chapter 13. Enforcement 7 § 1301. Commission hearings. 8 § 1302. Subpoenas. 9 § 1303. Preliminary suspension of licenses or permits. 10 § 1304. Suspension or revocation of licenses or permits. 11 § 1305. Civil penalties. 12 Chapter 15. Financial Provisions 13 Subchapter A. Financial Interests 14 § 1501. Financial interest in boxer prohibited. 15 § 1502. Financial interest in opponent prohibited. 16 § 1503. Financial interest of matchmaker. 17 Subchapter B. Commission Receipts 18 § 1511. Disposition of commission receipts. 19 § 1512. Athletic Commission Augmentation Account. 20 Subchapter C. Purses 21 § 1521. Minimum purses for boxers. 22 § 1522. Distribution of purses to boxers. 23 § 1523. Withholding of purses. 24 § 1524. Hearing regarding withheld purse. 25 § 1525. Disposition of withheld purse. 26 § 1526. Advances against purses. 27 Subchapter D. Insurance 28 § 1531. Insurance coverage of boxers. 29 Chapter 17. Miscellaneous Provisions 30 § 1701. Prohibited competitions. 19910H1174B2459 - 4 -
1 SUBPART C. WRESTLING 2 Chapter 19. Preliminary Provisions 3 § 1901. Short title of subpart. 4 § 1902. Definitions. 5 § 1903. Applicability of subpart. 6 Chapter 21. Regulation of Professional Wrestling Contests and 7 Exhibitions 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 Chapter 23. Regulation of Amateur Wrestling Contests and <-- 19 Exhibitions 20 § 2301. Amateur wrestling contests and exhibitions. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. The heading of Title 5 of the Pennsylvania 24 Consolidated Statutes is amended and Title 5 is amended by 25 adding a part to read: 26 TITLE 5 27 [Reserved] 28 ATHLETICS AND SPORTS 29 Part 30 I. Boxing and Wrestling 19910H1174B2459 - 5 -
1 PART I 2 BOXING AND WRESTLING 3 Subpart 4 A. General Provisions 5 B. Boxing 6 C. Wrestling 7 SUBPART A 8 GENERAL PROVISIONS 9 Chapter 10 1. Preliminary Provisions 11 CHAPTER 1 12 PRELIMINARY PROVISIONS 13 Sec. 14 101. Definitions. 15 102. State Athletic Commission. 16 103. Duties of commission. 17 104. Appointment and qualifications of executive director. 18 105. Powers and duties of executive director. 19 106. Limitations on applicability of part. 20 § 101. Definitions. 21 Subject to additional definitions contained in subsequent 22 provisions of this part which are applicable to specific 23 provisions of this part, the following words and phrases when 24 used in this part shall have the meanings given to them in this 25 section unless the context clearly indicates otherwise: 26 "Commission." The State Athletic Commission. 27 "Department." The Department of State of the Commonwealth. 28 "Executive director." The executive director of the State 29 Athletic Commission. 30 "Secretary." The Secretary of the Commonwealth. 19910H1174B2459 - 6 -
1 § 102. State Athletic Commission. 2 (a) Composition.--The State Athletic Commission shall be 3 composed of three members appointed by the Governor with the 4 advice and consent of a majority of the members elected to the 5 Senate. The Governor shall designate one of the members as 6 chairman. The secretary and the chairman of the Medical Advisory 7 Board established under section 501 (relating to Medical 8 Advisory Board) shall be ex officio members of the commission. 9 Each appointment shall be for a term of four years. 10 (b) Compensation.--Each commissioner, except the secretary 11 and the chairman of the Medical Advisory Board, shall receive a 12 salary of $10,000 annually. The chairman of the commission shall 13 receive a salary of $10,500 annually. The commissioners and the 14 chairman of the Medical Advisory Board shall also receive 15 reasonable and necessary travel expenses incurred as a direct 16 result of their duties as members of the commission. The 17 expenses incurred by the commissioners shall be allowed and paid 18 on the presentation of itemized vouchers therefor, which 19 vouchers shall be subject to the approval of the secretary. 20 (c) Removal.--Except as authorized under this section, no 21 commissioner may be removed from office during his term. The 22 Governor may, upon clear and convincing evidence of misfeasance 23 or malfeasance in office or neglect of duty, remove a 24 commissioner prior to the expiration of the term. The Governor 25 shall then provide the commissioner so removed with a detailed 26 written statement of the reasons for removal. 27 (d) Quorum requirement.--Two members of the commission shall 28 constitute a quorum. 29 § 103. Duties of commission. 30 (a) Meetings.--The commission shall hold regular meetings at 19910H1174B2459 - 7 -
1 least once every two months to carry out the requirements of 2 this part, which shall include the consideration of any rules or 3 regulations or amendments thereto which are recommended by the 4 executive director. The meetings shall be open to the public. 5 The meeting times shall be scheduled one year in advance and 6 shall be published in the Pennsylvania Bulletin. 7 (b) General duties.--In addition to any other power 8 specifically granted by this part, the commission: 9 (1) May establish policy and shall promulgate rules and 10 regulations regarding professional and amateur boxing 11 contests and exhibitions held within this Commonwealth, and 12 the presentation of such contests and exhibitions and all 13 matters pertaining thereto, except such contests and 14 exhibitions as are specifically exempted from this part. 15 (2) Shall promulgate rules and regulations regarding 16 collection of taxes on professional wrestling exhibitions. 17 (3) May establish policy and promulgate rules and 18 regulations regarding professional and amateur wrestling 19 contests as authorized under Chapter 23 (relating to 20 regulation of amateur wrestling contests and exhibitions). 21 The rules and regulations authorized under this section 22 include those rules and regulations required by this part, 23 together with such others as the commission considers 24 necessary in order to carry out the provisions of this part. 25 § 104. Appointment and qualifications of executive director. 26 The secretary shall appoint an executive director of the 27 commission with administrative experience and other 28 qualifications indicating he is familiar with the activities to 29 be regulated by this part. The executive director shall serve at 30 the pleasure of the secretary. The executive director's salary 19910H1174B2459 - 8 -
1 shall be fixed by the secretary with the approval of the 2 Governor, and the executive director shall hold no other paid 3 public position. 4 § 105. Powers and duties of executive director. 5 The executive director shall supervise the administrative 6 work of the commission. The executive director shall have the 7 power and duty: 8 (1) To attend the meetings of the commission. 9 (2) To recommend to the commission suspension or 10 revocation of any license or permit issued pursuant to this 11 part for violations of any provisions of this part or the 12 rules and regulations of the commission, or when such action 13 is necessary to protect the public welfare. 14 (3) To supervise and direct staff appointed by the 15 secretary engaged in work directly related to the 16 implementation of this part. 17 (4) To prepare and recommend to the commission rules and 18 regulations and amendments thereto regarding the matters 19 regulated under this part. 20 (5) To implement and supervise a drug testing program of 21 all athletes licensed under Subpart B (relating to boxing) in 22 consultation with the Medical Advisory Board and the 23 Department of Health. 24 (6) To present the standing committees of both Houses of 25 the General Assembly with an annual review of the 26 commission's rules and regulations. 27 (7) To establish and maintain a record of all boxers 28 licensed under Subpart B, showing for each licensee all of 29 the following: 30 (i) The date licensed. 19910H1174B2459 - 9 -
1 (ii) The results of prefight and postfight 2 physicals. 3 (iii) Any fictitious or assumed names by which the 4 licensee competes. 5 (iv) The number and dates of any suspensions of the 6 licensee. 7 (v) The dates when the licensee is knocked out. 8 (vi) The licensee's record from other states. 9 (8) To administer and make effective the provisions of 10 this part and the rules and regulations made under this part. 11 (9) To conduct a substantial portion of the activities 12 required by this part at a single central location, wherein 13 all records of the commission shall be maintained. 14 (10) To prepare an annual budget for the consideration 15 of the commission, showing the costs of operation and 16 revenues received in the previous fiscal year and the 17 estimated costs of operations and revenues to be received in 18 the next fiscal year. The budget shall be approved by the 19 commission and forwarded to the secretary in a timely fashion 20 for his review and inclusion in the budget request of the 21 department. 22 (11) To aid the commission in the promotion of boxing 23 contests in this Commonwealth. 24 (12) To supervise collection of taxes on professional 25 wrestling exhibitions. 26 § 106. Limitations on applicability of part. 27 No provision of this part nor any rule or regulation 28 promulgated under this part shall apply to any boxing contest or 29 exhibition or wrestling contest or exhibition conducted or 30 sponsored by any university, college, secondary school or group 19910H1174B2459 - 10 -
1 of universities, colleges or secondary schools or the Department 2 of Corrections if all the participants are students regularly 3 enrolled in such institutions or inmates confined within a State 4 or county correctional facility, respectively. 5 SUBPART B 6 BOXING 7 Chapter 8 3. Preliminary Provisions 9 5. Medical Advisory Board 10 7. Regulation of Boxing Contests and Exhibitions 11 9. Licenses and Permits 12 11. Promotion of Contests and Exhibitions 13 13. Enforcement 14 15. Financial Provisions 15 17. Miscellaneous Provisions 16 CHAPTER 3 17 PRELIMINARY PROVISIONS 18 Sec. 19 301. Short title of subpart. 20 302. Definitions. 21 § 301. Short title of subpart. 22 This subpart shall be known and may be cited as the Boxing 23 Act. 24 § 302. Definitions. 25 Subject to additional definitions contained in subsequent 26 provisions of this subpart which are applicable to specific 27 provisions of this subpart, the following words and phrases when 28 used in this subpart shall have the meanings given to them in 29 this section unless the context clearly indicates otherwise: 30 "Amateur." A person who has never received nor competed for 19910H1174B2459 - 11 -
1 any purse or other article of value, either for participating in 2 any boxing contest or exhibition or for the expenses of training 3 therefor, other than a prize which does not exceed $50 in value. 4 "Boxing." The act of attack and defense with the fists, 5 practiced as a sport. The term includes all variations of the 6 sport permitting or using other parts of the human body, 7 including, but not limited to, the foot, knee, leg, elbow or 8 head. 9 "Contest." A boxing engagement in which the boxers strive 10 earnestly in good faith to win. 11 "Exhibition." A boxing engagement in which the boxers show 12 or display their skill without necessarily striving to win. 13 "Foreign copromoter." A promoter who has no place of 14 business within this Commonwealth. 15 "Judge." A person who has a vote in determining the winner 16 of any contest. 17 "Manager." A person who, directly or indirectly, controls or 18 administers the affairs of any boxer. 19 "Matchmaker." A person who brings together professional 20 boxers or arranges professional boxing contests or exhibitions. 21 "Professional." A person who has received or competed for, 22 or is receiving or competing for, any purse or other article of 23 value, other than a prize which does not exceed $50 in value, 24 either for participating in any boxing contest or exhibition or 25 for the expenses of training therefor. 26 "Promoter." Any person and, in the case of a corporate 27 promoter, any officer, director, employee or stockholder thereof 28 who produces, arranges or stages any professional contest or 29 exhibition. 30 "Purse." The financial guarantee or any other remuneration, 19910H1174B2459 - 12 -
1 or part thereof, for which professional boxers are participating 2 in a contest or exhibition. The term includes the participant's 3 share of any payment received for radio broadcasting, television 4 and motion picture rights. 5 "Sponsor." Any person and, in the case of a corporate 6 sponsor, any officer, director, employee or stockholder thereof 7 who produces, arranges or stages any amateur contest or 8 exhibition. 9 CHAPTER 5 10 MEDICAL ADVISORY BOARD 11 Sec. 12 501. Medical Advisory Board 13 § 501. Medical Advisory Board. 14 The commission shall appoint five physicians to serve on a 15 Medical Advisory Board for a term of four years. The Governor 16 shall designate a member with experience in sports medicine as 17 chairman of the board. Each member shall be paid a per diem rate 18 to be established by the secretary, but not in excess of $150 a 19 day. The board shall issue an annual report to the commission, 20 which shall include a review of the health status of each boxer 21 who competed during the prior fiscal year to identify those who 22 may be at risk of serious physical impairment. The board may 23 recommend changes or additions to the health and safety rules 24 and regulations of the commission and, upon request of the 25 commission, shall review proposed rules and regulations and 26 advise the commission of recommendations with respect to the 27 proposed rules and regulations. 28 CHAPTER 7 29 REGULATION OF BOXING CONTESTS AND EXHIBITIONS 30 Sec. 19910H1174B2459 - 13 -
1 701. Boxing regulated. 2 702. Age of participants. 3 703. Fictitious names. 4 704. Physician to be in attendance. 5 705. Medical training seminars. 6 706. Register. 7 707. Medical equipment. 8 708. Suspension and revocation for injuries. 9 709. Medical examinations. 10 710. Weights and classes. 11 711. Limitation on difference in weights. 12 712. Gloves. 13 713. Ring padding. 14 714. Duration of bouts and rounds. 15 715. Referee and judges. 16 716. Seconds. 17 717. Mandatory eight count. 18 718. Knockouts. 19 719. Duty of disclosure. 20 720. Sham or collusive contest prohibited. 21 § 701. Boxing regulated. 22 (a) General rule.--Professional contests or exhibitions, 23 including kick boxing, shall be held within this Commonwealth 24 only in accordance with the provisions of this subpart and the 25 rules and regulations promulgated under this subpart. 26 (b) Events on Sunday.--Contests or exhibitions may be held 27 on Sunday. 28 § 702. Age of participants. 29 (a) General rule.--No person under 18 years of age shall be 30 a participant in any contest or exhibition. 19910H1174B2459 - 14 -
1 (b) Exception.-- 2 (1) Any person between 12 and 17 years of age may 3 participate in amateur contests or exhibitions under such 4 rules and regulations as the commission shall prescribe. 5 (2) Any person between 12 and 17 years of age may 6 participate after obtaining written permission from a parent 7 or legal guardian, as well as consent by the executive 8 director. 9 (3) A person 12 to 16 years of age may only participate 10 in such contests with a person not more than one year older. 11 (c) Junior Olympics.--The limitations set forth in 12 subsections (a) and (b) shall not apply to sanctioned boxing 13 events for the Junior Olympics under the direction of a national 14 governing organization certified by the commission. For the 15 purposes of the Junior Olympic events, participants, with the 16 written permission of a parent or legal guardian, may box only 17 in the following age divisions: 18 (1) Ten and eleven years of age. 19 (2) Twelve and thirteen years of age. 20 (3) Fourteen and fifteen years of age. 21 No participant shall take part in any event outside of the 22 approved division for that age group. 23 § 703. Fictitious names. 24 No person shall participate in any amateur contest or 25 exhibition under a fictitious or assumed name unless the 26 fictitious or assumed name has first been registered with the 27 commission. 28 § 704. Physician to be in attendance. 29 A physician shall be assigned to every contest or exhibition 30 by the executive director. The physician shall observe at all 19910H1174B2459 - 15 -
1 times the physical condition of the participants and may stop 2 any contest or exhibition at any time to examine a participant 3 and to terminate a bout when, in the judgment of the physician, 4 severe injury could result to a participant if the contest or 5 exhibition were to continue. The commission shall establish by 6 rule or regulation a schedule of fees to be paid to physicians 7 for their services. The physician's fee shall be paid by the 8 promoter of the contest or exhibition attended by the physician. 9 § 705. Medical training seminars. 10 The commission shall conduct mandatory medical training 11 seminars at least twice a year for all ring personnel, 12 commission personnel and other designated persons employed by 13 the secretary. 14 § 706. Register. 15 The executive director shall establish and maintain a 16 register for all professional boxers licensed in this 17 Commonwealth. The register shall include a photograph of the 18 boxer. In the register, the executive director shall record the 19 results of each contest or exhibition the boxer is involved in, 20 including technical knockouts, knockouts and other boxing- 21 related injuries, as well as the dates of each contest or 22 exhibition and the record of wins and losses. 23 § 707. Medical equipment. 24 No professional contest or exhibition shall be started unless 25 there is on the premises: 26 (1) An ambulance, together with emergency equipment. 27 (2) A portable resuscitator with oxygen and appropriate 28 endotracheal tubes and a qualified operator. 29 § 708. Suspension and revocation for injuries. 30 (a) General rule.--For sound medical reasons and to protect 19910H1174B2459 - 16 -
1 the individual boxers, the commission shall establish mandatory 2 license suspensions of those persons who sustain certain 3 injuries. 4 (b) Particular suspension periods.--The commission may 5 suspend a boxer's license for up to: 6 (1) Sixty days for a laceration of the face. 7 (2) Thirty days: 8 (i) for a technical knockout without head injuries; 9 or 10 (ii) upon recommendation of the ringside physician 11 if, in the physician's opinion, the boxer has sustained 12 sufficient injuries to require the suspension. 13 (3) Sixty days for head injuries. 14 (4) Ninety days for a knockout. 15 (c) Unconsciousness or concussion.--A boxer who has been 16 knocked unconscious or who has received a concussion shall have 17 his license suspended for 90 days, and the suspension shall be 18 removed only after the boxer has been pronounced fit after 19 undergoing medical examination by a physician. 20 (d) Repeated knockouts.--A boxer who has been knocked out or 21 severely beaten shall have his license revoked if, after 22 undergoing a medical examination by a physician, the commission 23 decides such action is necessary in order to protect the health 24 and welfare of the boxer. 25 (e) Consecutive defeats.--A boxer who has suffered six 26 consecutive defeats shall be investigated by the commission and, 27 upon recommendation of the executive director, in consultation 28 with the Medical Advisory Board, shall be required to undergo a 29 medical examination by a physician approved by the commission. 30 If appropriate, the commission may then proceed to suspend or 19910H1174B2459 - 17 -
1 revoke the boxer's license. 2 § 709. Medical examinations. 3 (a) Prefight examination.--In addition to any other 4 examination required by this subpart or the rules and 5 regulations promulgated under this subpart, each boxer shall be 6 examined by the attending physician within two hours before he 7 enters the ring. If, in the opinion of the physician, any boxer 8 is physically or mentally unfit to proceed, the physician shall 9 notify the person in charge, who shall immediately cancel the 10 contest or exhibition. 11 (b) Postfight examination.--In addition to any other 12 examination required by this subpart or the rules and 13 regulations promulgated under this subpart, a boxer may, at the 14 discretion of the ringside physician, be required to undergo a 15 medical examination by a physician designated by the executive 16 director during the five days following the contest or 17 exhibition in which he was a participant. If the boxer sustains 18 a knockout or technical knockout, the boxer shall undergo the 19 medical examination within such time period as shall be 20 prescribed by the rules and regulations promulgated by the 21 commission. An examination under this section shall be performed 22 at the expense of the promoter. 23 (c) Filing of results of examinations.--The results of the 24 examinations required by this section shall be reduced to 25 writing by the physician, signed by him and filed with the 26 commission within 48 hours after they have been performed. 27 (d) Content of examination.--Any medical examination 28 prescribed under this section or section 708 (relating to 29 suspension and revocation for injuries) shall conform to the 30 rules and regulations promulgated by the commission after 19910H1174B2459 - 18 -
1 consultation with the Medical Advisory Board. The rules and 2 regulations regarding the postfight examination may prescribe, 3 or permit the attending physician to prescribe, additional tests 4 in the case of a knockout, technical knockout, head injury or 5 other injury or medical condition. The examination may include 6 drug testing as prescribed by rules and regulations, which shall 7 be promulgated by the commission in accordance with the program 8 mandated by section 105(5) (relating to powers and duties of 9 executive director). 10 § 710. Weights and classes. 11 The commission shall promulgate rules and regulations 12 establishing classes of boxers, which classes shall be based 13 upon weights. All contests or exhibitions shall take place only 14 between boxers who are within the same weight class as defined 15 by the commission unless otherwise approved by the commission. 16 § 711. Limitation on difference in weights. 17 No contest or exhibition shall take place in which the 18 difference in weight of the participants exceeds ten pounds. 19 This section shall not apply to contests or exhibitions between 20 participants in the light-heavyweight , cruiserweight or 21 heavyweight classes, as defined by the commission, nor to 22 exhibitions held solely for training purposes. 23 § 712. Gloves. 24 (a) General rule.--All boxers licensed under this subpart 25 shall be required to use thumbless or thumb-attached gloves. The 26 appropriate weight boxing gloves shall be worn by boxers as 27 follows: 28 (1) One hundred sixty pounds or under, boxing gloves 29 weighing not less than eight ounces each. 30 (2) Over 160 pounds, boxing gloves weighing not less 19910H1174B2459 - 19 -
1 than ten ounces each. 2 (b) Violation.--A violation of this section may subject the 3 participant, promoter or manager or any of them to suspension of 4 not less than 30 days or revocation of their licenses, at the 5 discretion of the commission, pursuant to section 1304 (relating 6 to suspension or revocation of licenses or permits). 7 § 713. Ring padding. 8 All ring padding shall be subject to approval of the 9 commission. All padding shall be of soft felt, foam rubber or 10 similar material and shall be at least two inches thick. 11 § 714. Duration of bouts and rounds. 12 (a) Length of contest.--No contest or exhibition shall be 13 more than 12 rounds in length, except for championship contests 14 sanctioned by recognized international or national authorities, 15 which may be up to 15 rounds in length. 16 (b) Duration of round.--No round shall be more than three 17 minutes in duration. 18 (c) Mandatory rest period.--There shall be at least a one- 19 minute rest between consecutive rounds. 20 (d) Limitation on participation.--No boxer shall participate 21 in, nor be scheduled to participate in, more than 15 rounds 22 within 72 consecutive hours. 23 (e) Limitation on rounds.--The commission may, with respect 24 to any contest or exhibition or to any class of participants, 25 limit the number of rounds in a contest or exhibition to less 26 than the maximum number of rounds otherwise applicable. 27 § 715. Referee and judges. 28 (a) Referee.--At each professional contest or exhibition, 29 except an exhibition held solely for training purposes, there 30 shall be in attendance, at the expense of the promoter, a duly 19910H1174B2459 - 20 -
1 licensed referee designated by the executive director, who shall 2 direct and control the contest or exhibition. Personal injury 3 and liability insurance coverage, in a minimum amount set by the 4 commission, for all claims arising from the performance of their 5 duties at the contest or exhibition shall be in effect for all 6 referees. This coverage shall be provided at the expense of the 7 promoter. 8 (b) Judges.--There shall be in attendance at every contest, 9 at the expense of the promoter, three licensed judges, each of 10 whom shall render his individual decision, in writing, on a 11 scorecard supplied by the executive director at the end of every 12 contest which continues for the scheduled number of rounds. Each 13 judge shall have one vote, and a majority of the votes cast 14 shall determine the winner. 15 (c) Scoring.--The commission shall by rule or regulation 16 prescribe the methods of scoring. 17 § 716. Seconds. 18 Before the start of any contest or exhibition, the referee 19 shall ascertain from each participant the name of the chief 20 second. The chief second shall be held responsible for the 21 conduct of his assistants during the contest or exhibition. 22 § 717. Mandatory eight count. 23 Whenever a boxer is knocked down, the boxer shall be required 24 to take a count of eight. The referee shall not permit the 25 contest or exhibition to be resumed until the count of eight has 26 been reached, except in professional championship contests and 27 exhibitions. 28 § 718. Knockouts. 29 (a) Count by referee.--When a boxer is knocked out, the 30 referee shall count to ten unless, in the judgment of the 19910H1174B2459 - 21 -
1 referee, the boxer is in immediate physical danger, in which 2 case the referee may stop the count earlier. If the boxer has 3 not risen from the ring floor before the referee stops the 4 count, the result shall be recorded as a knockout. 5 (b) Physician.--When a boxer has been knocked out, no one 6 shall touch him, except to remove his mouth protector, until 7 after the attending physician has entered the ring and issued 8 such instructions as he deems necessary. 9 § 719. Duty of disclosure. 10 Every licensee shall, immediately after learning thereof, 11 disclose to the executive director or his designee, or to the 12 official in charge or the attending physician or referee if one 13 of these persons is in attendance at any contest or exhibition, 14 all knowledge or information in his possession concerning any 15 mental or physical disability, injury, illness or incapacity of 16 any boxer. 17 § 720. Sham or collusive contest prohibited. 18 (a) General rule.--No licensee or other person shall 19 knowingly conduct, give, participate in or be in any way 20 connected with any sham or collusive boxing contest. 21 (b) Reports.--Any licensee who knows or has reason to 22 suspect that a boxing contest is, was or is going to be a sham 23 or collusive contest shall have a duty to promptly report this 24 to the executive director or his designee. Such a report shall 25 be in writing or, if oral, shall be reduced to writing and shall 26 contain all of the reporter's reasons for the conclusions set 27 forth in his report. 28 (c) Penalty.--A violation of this section shall constitute a 29 misdemeanor of the third degree. 30 (d) Definition.--As used in this section, the term "sham or 19910H1174B2459 - 22 -
1 collusive contest" means an engagement that is promoted or 2 advertised as a true contest, but in which one or both of the 3 participants does not use his best efforts and skill or does not 4 strive earnestly in good faith to win. The term includes, but is 5 not limited to, any pseudocontest, the result of which has been 6 prearranged, or any pseudocontest in which either participant 7 does not, is not going to or is unable to use or is prevented 8 from using his best efforts and skill as a result of coercion, 9 reward or promise thereof, physical incapacity or disability, 10 suggestion or agreement, or any other improper or unlawful 11 means. 12 CHAPTER 9 13 LICENSES AND PERMITS 14 Sec. 15 901. Power of commission to issue, withhold, suspend or revoke 16 licenses and permits. 17 902. Promoters' licenses. 18 903. Representative managers' licenses. 19 904. Foreign copromoters to procure permits. 20 905. Other licenses required. 21 906. Program permits. 22 907. Amateur events. 23 908. Prohibited interests. 24 909. Local prohibitions. 25 910. Standards for issuance of licenses and permits. 26 911. Duration of license. 27 912. Applications for licenses and permits. 28 913. Oral examinations. 29 914. License fees. 30 915. Permit fees. 19910H1174B2459 - 23 -
1 916. Gross receipts taxes. 2 917. Application and fees. 3 § 901. Power of commission to issue, withhold, suspend or 4 revoke licenses and permits. 5 The commission is hereby granted sole control, authority and 6 jurisdiction to issue, withhold, suspend or revoke any license 7 or permit provided for under this subpart. 8 § 902. Promoters' licenses. 9 No promoter shall, directly or indirectly, conduct, hold or 10 promote any professional contest or exhibition unless he has 11 first procured a promoter's license from the commission. A <-- 12 violation of this section may subject the promoter to suspension 13 of not less than 30 days or revocation of his license, at the 14 discretion of the commission, pursuant to section 1304 (relating 15 to suspension or revocation of licenses or permits). THE <-- 16 COMMISSION MAY ISSUE AN ORDER PROHIBITING A PROMOTER FROM ACTING 17 IN VIOLATION OF THIS SECTION. IF IT IS DETERMINED THE RESPONDENT 18 HAS ENGAGED IN THE PROMOTION OF ANY PROFESSIONAL CONTEST OR 19 EXHIBITION WITHOUT HAVING FIRST OBTAINED A PROMOTER'S LICENSE 20 FROM THE COMMISSION, THE COURT, ON PETITION BY THE COMMISSION, 21 SHALL ENJOIN HIM FROM SUCH ACTIVITIES UNLESS AND UNTIL HE HAS 22 BEEN DULY LICENSED. THE PROCEDURE IN SUCH CASES SHALL BE THE 23 SAME AS IN ANY OTHER INJUNCTION SUIT. THE REMEDIES UNDER THIS 24 SECTION ARE IN ADDITION TO ANY OTHER REMEDIES UNDER THIS PART. 25 § 903. Representative managers' licenses. 26 (a) General rule.--Before acting as such, every 27 representative manager shall procure a manager's license. He 28 shall file with the department the name of each boxer whom he 29 represents, together with a written consent from each boxer and 30 his manager authorizing him to transact business for the manager 19910H1174B2459 - 24 -
1 or boxer or to act as or for the manager of the boxer. 2 (b) Presumption.--Every person other than the manager of a 3 professional boxer who performs any of the acts usually 4 performed by the manager or who aids, assists or substitutes for 5 the manager or who uses a licensed manager to conceal his own 6 actions as a manager shall be considered a representative 7 manager. 8 (c) Penalty.--A violation of this section may subject the 9 manager to suspension of not less than 30 days or revocation of 10 his license, at the discretion of the commission, pursuant to 11 section 1304 (relating to suspension or revocation of licenses 12 or permits). 13 § 904. Foreign copromoters to procure permits. 14 (a) General rule.--No foreign copromoter shall directly or 15 indirectly participate in the promotion of or receive any 16 remuneration from or render any services in connection with any 17 professional contest or exhibition held within this Commonwealth 18 unless he has first been granted a permit therefor by the 19 commission. No promoter shall be associated with any foreign 20 copromoter in promoting any contest or exhibition unless the 21 foreign copromoter has first secured a permit. A foreign 22 copromoter by accepting a permit agrees to be subject to all the 23 provisions of this subpart and the rules and regulations 24 promulgated under this subpart. 25 (b) Penalty.--A violation of this section may subject the 26 promoter or foreign copromoter, or both, to suspension of not 27 less than 30 days or revocation of his license or permit, at the 28 discretion of the commission, pursuant to section 1304 (relating 29 to suspension or revocation of licenses or permits). 30 § 905. Other licenses required. 19910H1174B2459 - 25 -
1 (a) General rule.--A professional boxer, manager, second, 2 trainer, matchmaker, timekeeper, referee, judge, announcer, 3 physician, booking agent or agency or representative of a 4 booking agent or agency shall not directly or indirectly act in 5 such capacity in connection with any professional contest or 6 exhibition unless he has first procured from the commission a 7 license to act in that capacity. 8 (b) Penalty.--A violation of this section may subject the 9 person required to procure the license to suspension of not less 10 than 30 days or revocation of or refusal to issue the license, 11 at the discretion of the commission, pursuant to section 1304 12 (relating to suspension or revocation of licenses or permits). 13 § 906. Program permits. 14 In addition to the promoter's license, each promoter shall be 15 required to procure a permit from the commission for each 16 program of contests or exhibitions before presenting that 17 program. Each application for a permit shall specify the 18 premises where and time when the program is to be held. 19 § 907. Amateur events. 20 (a) General rule.--Except as otherwise provided in this 21 subpart, no amateur contest or exhibition shall be held without 22 a permit having been first secured by the sponsor from the 23 commission for the event. Subject to subsection (d), amateur 24 contests or exhibitions shall be held in accordance with this 25 subpart and the rules and regulations promulgated under this 26 subpart. 27 (b) Eligibility.--Permits for amateur boxing contests or 28 exhibitions shall be issued only to bona fide recognized amateur 29 athletic associations, nonprofit organizations or other groups 30 or individuals approved by the commission. 19910H1174B2459 - 26 -
1 (c) Permit fee.--The fee for the issuance of a permit for 2 each program of amateur contests or exhibitions shall be fixed 3 by commission regulation. 4 (d) Rules.--With the written approval of the commission, 5 amateur contests or exhibitions may be held in accordance with 6 the rules of the amateur body sanctioning the event. 7 § 908. Prohibited interests. 8 An officer, director, stockholder or employee of a licensed 9 promoter shall not have any other interest in any professional 10 boxer or professional contests or exhibitions except as a 11 matchmaker. 12 § 909. Local prohibitions. 13 No permit shall be issued for the holding of any boxing 14 contest or exhibition within any political subdivision of this 15 Commonwealth which has adopted any local ordinance or resolution 16 prohibiting such contests or exhibitions within its limits. 17 § 910. Standards for issuance of licenses and permits. 18 (a) General rule.--In determining whether to issue or renew 19 any license or permit, the commission shall consider the best 20 interest and welfare of the public, the preservation of the 21 safety and health of participants and the best interests of 22 boxing generally. 23 (b) Prerequisites.--Before being granted any permit or 24 license, the applicant must establish that he is: 25 (1) Of good moral character. 26 (2) Of good reputation. 27 (3) Physically fit and mentally sound. 28 (4) Skilled in his profession. 29 (5) Of requisite age and experience. 30 (6) Not addicted to the intemperate use of alcohol or to 19910H1174B2459 - 27 -
1 the use of narcotic drugs. 2 In the case of a corporate applicant, these factors shall be 3 considered with reference to its officers, directors, employees 4 and principal stockholders. 5 § 911. Duration of license. 6 Each license issued under this subpart shall expire on 7 December 31 next following the date on which it was issued. 8 § 912. Applications for licenses and permits. 9 Every application for a license or a permit shall: 10 (1) Be in writing on a form supplied by the commission. 11 (2) Be verified by the applicant. 12 (3) Set forth such information and have attached thereto 13 such photographs and other exhibits as are required by this 14 subpart, the rules and regulations promulgated under this 15 subpart and the form of application. 16 § 913. Oral examinations. 17 The commission may require any applicant for a license or 18 permit or, in the case of a corporate applicant, any officer, 19 director, employee or stockholder thereof to appear before the 20 commission for an oral examination, under oath, as to 21 qualifications of the applicant before taking action on that 22 application. 23 § 914. License fees. 24 The annual license fees which shall accompany each 25 application for a license or the renewal of a license shall be 26 fixed by commission regulation. 27 § 915. Permit fees. 28 (a) General rule.--The required fees, based upon the seating 29 capacity of the premises where the program is to be presented, 30 shall accompany each application for a permit to present a 19910H1174B2459 - 28 -
1 program of contests or exhibitions. The amount of the fee shall 2 be fixed by commission regulation. 3 (b) Foreign copromoter permit.--The fee for the issuance of 4 a foreign copromoter's permit for each program of contests or 5 exhibitions shall be fixed by commission regulation. 6 § 916. Gross receipts taxes. <-- 7 (a) Gate receipts and broadcast rights.--In addition to the 8 payment of any other fees and moneys due under this subpart, 9 every promoter or sponsor shall pay a tax of 5% of the gross 10 receipts of any contest or exhibition, exclusive of any Federal 11 tax or any tax imposed by any political subdivision of this 12 Commonwealth which was paid thereon. For the purposes of this 13 section, gross receipts include the gross price chargeable for 14 the sale, lease or other exploitation of broadcasting, 15 television and motion picture rights of the contest or 16 exhibition without any deductions for commissions, brokerage 17 fees, distribution fees, advertising or other expenses or 18 charges in respect thereto. For the purposes of this section, 19 gross receipts also include the face value of all tickets sold 20 and complimentary tickets issued. 21 (b) Telecasts.--Any person who shows any contest or 22 exhibition that takes place in this Commonwealth on a closed- 23 circuit telecast that takes place in this Commonwealth or pay- 24 per-view telecast to viewers receiving the broadcast in this 25 Commonwealth shall pay a tax of 3% of the person's gross 26 receipts from any admissions charged to the closed-circuit 27 telecast or from any fees collected for the pay-per-view 28 telecast from such viewers. In the case of a closed-circuit 29 telecast, gross receipts include the face amount of all tickets 30 sold without allocation for any other event included in the 19910H1174B2459 - 29 -
1 admissions price. 2 (c) Payment.--The payment of the gross receipts tax provided 3 for in this section shall be made within 48 hours after the 4 contest or exhibition and shall be accompanied by a form 5 prescribed by the commission setting forth the gross receipts 6 received from the contest or exhibition, together with such 7 other information as the commission may require. Payment shall 8 be accompanied by a verified statement by the ticket printer 9 setting forth the number of tickets printed for use at the 10 contest or exhibition. 11 (d) Collection of tax.--The gross receipts tax provided for 12 in this section shall be collected by the commission and 13 transmitted to the Department of Revenue, together with the 14 reports filed therewith. 15 (e) Penalties.-- 16 (1) Any promoter or sponsor who willfully makes a false 17 and fraudulent report under this section commits perjury and 18 shall, upon conviction, be subject to punishment as provided 19 by law. Such penalty shall be in addition to any other 20 penalties imposed by this subpart. 21 (2) Any promoter or sponsor who willfully fails, 22 neglects or refuses to make a report, or to pay the tax as 23 prescribed by this section, or who refuses to permit the 24 department to examine the books, papers and records of any 25 promotion commits a misdemeanor of the third degree and may 26 be subject to suspension or loss of his license or a civil 27 penalty at the discretion of the commission. 28 § 916. GROSS RECEIPTS TAXES. <-- 29 (A) GATE RECEIPTS AND BROADCAST RIGHTS.--IN ADDITION TO THE 30 PAYMENT OF ANY OTHER FEES AND MONEYS DUE UNDER THIS SUBPART, A 19910H1174B2459 - 30 -
1 PROMOTER OR SPONSOR SHALL PAY A TAX OF 5% OF THE GROSS RECEIPTS 2 OF EVERY CONTEST OR EXHIBITION HELD IN THIS COMMONWEALTH AND THE 3 GROSS PRICE PAID TO THE PROMOTERS OR SPONSORS FOR THE SALE, 4 LEASE OR OTHER EXPLOITATION OF BROADCASTING, TELEVISION AND 5 MOTION PICTURE RIGHTS OF THE CONTEST OR EXHIBITION. 6 (B) TELECASTS.--ANY PERSON WHO CHARGES OR RECEIVES AN 7 ADMISSION FEE FOR A CONTEST ON A CLOSED-CIRCUIT TELECAST THAT 8 TAKES PLACE IN THIS COMMONWEALTH SHALL PAY A TAX OF 3% OF THE 9 PERSON'S GROSS RECEIPTS ATTRIBUTABLE TO THE FEES. THE TAX UNDER 10 THIS SUBSECTION SHALL APPLY WHETHER OR NOT THE TELECAST 11 ORIGINATES IN THIS COMMONWEALTH. 12 (C) PAYMENT.--PAYMENT OF THE GROSS RECEIPTS TAX PROVIDED FOR 13 IN THIS SECTION SHALL BE MADE WITHIN 48 HOURS AFTER THE CONTEST 14 OR EXHIBITION IF THE TAX IS PAYABLE UNDER SUBSECTION (A) OR 15 WITHIN TEN DAYS IF THE TAX IS PAYABLE UNDER SUBSECTION (B). THE 16 PAYMENT SHALL BE ACCOMPANIED BY A FORM PRESCRIBED BY THE 17 COMMISSION SETTING FORTH THE GROSS RECEIPTS RECEIVED FROM THE 18 CONTEST OR EXHIBITION. THE FORM SHALL REQUIRE THE TAXPAYER TO 19 STATE THE AMOUNT OF GROSS RECEIPTS, THE NUMBER OF TICKETS SOLD 20 AND SUCH OTHER INFORMATION AS THE COMMISSION MAY REQUIRE. IN THE 21 CASE OF A LIVE CONTEST OR EXHIBITION OR A CLOSED-CIRCUIT 22 TELECAST, PAYMENT SHALL BE ACCOMPANIED BY A VERIFIED STATEMENT 23 BY THE TICKET PRINTER SETTING FORTH THE NUMBER OF TICKETS 24 PRINTED FOR USE AT THE CONTEST OR EXHIBITION. 25 (D) PENALTIES.-- 26 (1) A PERSON WHO INTENTIONALLY MAKES A FALSE REPORT 27 UNDER THIS SECTION COMMITS PERJURY AND SHALL, UPON 28 CONVICTION, BE SUBJECT TO PUNISHMENT UNDER 18 PA.C.S. § 4902 29 (RELATING TO PERJURY). THE PENALTY SHALL BE IN ADDITION TO 30 ANY OTHER PENALTIES IMPOSED UNDER THIS SUBPART. 19910H1174B2459 - 31 -
1 (2) A PERSON WHO INTENTIONALLY FAILS, NEGLECTS OR 2 REFUSES TO FILE THE FORM OR PAY THE TAX AS PRESCRIBED IN THIS 3 SECTION, OR WHO REFUSES TO PERMIT THE DEPARTMENT TO EXAMINE 4 THE BOOKS, PAPERS AND RECORDS PERTAINING TO AN EVENT TAXABLE 5 UNDER THIS SECTION, COMMITS A MISDEMEANOR OF THE THIRD 6 DEGREE, AND SHALL, IN ADDITION, BE SUBJECT TO SUSPENSION OR 7 LOSS OF LICENSE OR A CIVIL PENALTY AT THE DISCRETION OF THE 8 COMMISSION. 9 (E) GROSS RECEIPTS.--GROSS RECEIPTS SHALL BE CALCULATED 10 WITHOUT ANY DEDUCTIONS FOR COMMISSIONS, BROKERAGE FEES, 11 DISTRIBUTION FEES, ADVERTISING OR OTHER EXPENSES OR CHARGES IN 12 RESPECT THERETO, EXCEPT THAT FEDERAL TAXES AND TAXES IMPOSED BY 13 A POLITICAL SUBDIVISION MAY BE DEDUCTED. NOTWITHSTANDING SECTION 14 3 OF THE ACT OF DECEMBER 31, 1965 (P.L.1257, NO.511), KNOWN AS 15 THE LOCAL TAX ENABLING ACT, THE TAX LEVIED UNDER THIS SUBSECTION 16 DOES NOT VACATE ORDINANCES OR RESOLUTIONS PASSED UNDER THE 17 AUTHORITY OF THAT ACT. IN THE CASE OF A LIVE CONTEST OR 18 EXHIBITION TAXABLE UNDER SUBSECTION (A), GROSS RECEIPTS INCLUDES 19 THE FACE VALUE OF ALL TICKETS SOLD AND COMPLIMENTARY TICKETS 20 ISSUED. IN THE CASE OF A CLOSED-CIRCUIT TELECAST TAXABLE UNDER 21 SUBSECTION (B), GROSS RECEIPTS INCLUDES THE FACE AMOUNT OF ALL 22 TICKETS SOLD WITHOUT ALLOCATION FOR ANY OTHER EVENT INCLUDED IN 23 THE ADMISSION PRICE. 24 § 917. Application and fees. 25 An application for a permit or license shall be verified and 26 shall be accompanied by a nonrefundable application fee in an 27 amount established by the commission by regulation, which fee 28 shall be subject to review in accordance with the act of June 29 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. 30 If the revenues generated by fees and civil penalties imposed 19910H1174B2459 - 32 -
1 pursuant to this subpart are not sufficient to match 2 expenditures over a two-year period, the commission shall adjust 3 those fees by regulation, subject to review in accordance with 4 the Regulatory Review Act, such that the projected revenues will 5 meet or exceed projected expenditures. If the department 6 determines that fees and civil penalties established by the 7 commission are inadequate to meet the costs of minimum 8 enforcement efforts required by this subpart, then the 9 department, after consultation with the commission, shall adjust 10 the fees or civil penalties or both by regulation, subject to 11 review in accordance with the Regulatory Review Act, such that 12 adequate revenues are raised to meet those costs. 13 CHAPTER 11 14 PROMOTION OF CONTESTS AND EXHIBITIONS 15 Subchapter 16 A. Contracts 17 B. Tickets and Advertising 18 C. Admission to Events 19 D. Bonds 20 SUBCHAPTER A 21 CONTRACTS 22 Sec. 23 1101. Commission control of contracts. 24 1102. Notice clause. 25 1103. Provisions in contracts between managers and 26 professional boxers. 27 1104. Approval of contracts. 28 § 1101. Commission control of contracts. 29 The commission, with the approval of the department, shall 30 promulgate rules and regulations governing the form and content 19910H1174B2459 - 33 -
1 of all contracts entered into between or among promoters and 2 foreign copromoters and professional boxers and managers and 3 all contracts between managers and professional boxers. All 4 contracts required under this subpart shall be in writing. 5 § 1102. Notice clause. 6 Every contract subject to the provisions of this subpart 7 shall contain the following clause: 8 This agreement is subject to the provisions of the Boxing 9 Act of the Commonwealth of Pennsylvania and to the rules 10 and regulations of the State Athletic Commission of 11 Pennsylvania, and to any future amendments of either of 12 them. 13 § 1103. Provisions in contracts between managers and 14 professional boxers. 15 (a) General provisions.--Every contract between a manager 16 and a professional boxer shall contain provisions governing its 17 duration, division of the boxer's purses and the minimum sum to 18 be guaranteed annually to the boxer by the manager. 19 (b) Termination of contract.--Each contract shall further 20 provide that the contract shall be automatically terminated if 21 the license of either party is revoked by the commission or if 22 the manager fails to renew his license within 30 days after its 23 expiration. If the license of either party is suspended, the 24 contract shall not be binding upon the other party during the 25 period of the suspension. 26 § 1104. Approval of contracts. 27 No contract between a manager and a professional boxer shall 28 be legally valid until both parties to the contract appear 29 before the commission and have received its approval, which 30 shall be endorsed on the contract. 19910H1174B2459 - 34 -
1 SUBCHAPTER B 2 TICKETS AND ADVERTISING 3 Sec. 4 1111. Tickets. 5 1112. Penalty for destroying tickets. 6 1113. Ticket refunds. 7 1114. Advertising matter to state admission price. 8 § 1111. Tickets. 9 (a) Scheduled date and price.--Every ticket of admission to 10 a contest or exhibition shall clearly show on its face the 11 scheduled date of the contest or exhibition and its purchase 12 price, including any taxes thereon. 13 (b) Price limitation.--No ticket shall be sold by any 14 promoter or foreign copromoter for more than the price printed 15 thereon. 16 (c) Antiscalping provision.--No other person shall sell any 17 ticket for more than 50¢ in excess of the price printed on the 18 ticket. No licensee shall directly or indirectly receive any 19 part of any excess price. 20 (d) Numbering of tickets.--Tickets in each price range shall 21 be consecutively numbered, and the number of each ticket shall 22 be clearly printed on both the stub and main portion of the 23 ticket. 24 (e) Schedule of tickets.--A schedule of the numbers of all 25 tickets in each price range shall be furnished to the 26 commission. 27 § 1112. Penalty for destroying tickets. 28 Except upon receipt of prior written authorization from the 29 department, it shall be a misdemeanor of the second degree for 30 any promoter or person associated with or employed by any 19910H1174B2459 - 35 -
1 promoter to destroy any ticket or ticket stub, whether sold or 2 unsold, within six months after the date of any contest or 3 exhibition. 4 § 1113. Ticket refunds. 5 (a) Full refund.--Upon postponement or cancellation of the 6 main event or the entire program of contests or exhibitions, the 7 promoter shall refund the full purchase price of each ticket to 8 any person who presents the entire ticket for a refund within 9 ten days after the scheduled date of the event. The promoter 10 shall announce the postponement or cancellation at the beginning 11 of the program and at other times during the event as the 12 commission shall prescribe and shall notify the ticketholders in 13 each announcement that they may present their ticket stubs for a 14 refund of the purchase price during the program. The commission 15 may require that written notice of the cancellation or 16 postponement and the right to refund be posted at the site of 17 the event in such manner as it may prescribe. After the event 18 has concluded, a promoter who has complied with this subsection 19 need not refund the purchase price upon presentation of a ticket 20 stub. 21 (b) Forfeiture of security.--Failure of any promoter or 22 foreign copromoter to comply with the provisions of subsection 23 (a) shall be sufficient cause to warrant a forfeiture of his 24 bond or other security and an imposition of a penalty or 25 suspension or revocation of his license by the department as 26 provided under section 1304 (relating to suspension or 27 revocation of licenses or permits) or 1305 (relating to civil 28 penalties). 29 (c) Pro rata refunds.--From the fund produced by the 30 forfeiture, pro rata refunds shall be made by the department to 19910H1174B2459 - 36 -
1 persons who purchased tickets, in accordance with subsection 2 (a). 3 § 1114. Advertising matter to state admission price. 4 Each showcard, bill, poster, newspaper or other advertisement 5 of any contest or exhibition shall contain a schedule of 6 admission prices and a conspicuous statement of whether a 7 contest or exhibition is being presented. Failure to comply with 8 the provisions of this section shall constitute grounds for the 9 suspension or revocation of the promoter's license. 10 SUBCHAPTER C 11 ADMISSION TO EVENTS 12 Sec. 13 1121. Admissions not to exceed seating capacity. 14 1122. Age of spectators. 15 § 1121. Admissions not to exceed seating capacity. 16 It shall be a misdemeanor of the third degree for any 17 promoter to admit to any contest or exhibition more persons than 18 there are seats in the place where the contest or exhibition is 19 being held. 20 § 1122. Age of spectators. 21 No minor 16 years of age or under shall be permitted to 22 attend any contest or exhibition unless accompanied by an adult. 23 SUBCHAPTER D 24 BONDS 25 Sec. 26 1131. Promoters and foreign copromoters required to file bonds. 27 1132. Deposit in lieu of surety bond. 28 1133. Filing fee. 29 1134. Recovery on bond. 30 § 1131. Promoters and foreign copromoters required to file 19910H1174B2459 - 37 -
1 bonds. 2 (a) General rule.--Before any license or renewal of a 3 license is issued to a promoter and before any permit is issued 4 to a foreign copromoter, he shall be required to execute and 5 file a surety bond with the department in such reasonable 6 amount, but not less than $3,000, as the department shall 7 determine. 8 (b) Form of bond.--All bonds shall be upon forms supplied by 9 the department, which shall have first adopted them with the 10 approval of the Office of Attorney General. 11 (c) Approval of sureties.--The sufficiency of the sureties 12 shall be subject to approval of the department and the Office of 13 Attorney General. 14 (d) Conditions.--The surety bond shall be conditioned upon 15 the faithful performance by the promoter or foreign copromoter 16 of his obligations under this subpart and the rules and 17 regulations promulgated pursuant to this subpart, including, but 18 not limited to, the fulfillment of his contractual obligations 19 to contestants, managers and other licensees, and the payment of 20 all license and permit fees provided for in this subpart. The 21 aggregate annual liability of the surety for all obligations and 22 fees shall not exceed the amount of the bond. 23 § 1132. Deposit in lieu of surety bond. 24 In lieu of the surety bond required by section 1131 (relating 25 to promoters and foreign copromoters required to file bonds), 26 the promoter may deposit with the department cash, a certified 27 check, letter of credit or direct obligations of the United 28 States or the Commonwealth of Pennsylvania acceptable to the 29 department, in an equivalent amount and subject to the same 30 conditions. The security shall not be returned to the promoter 19910H1174B2459 - 38 -
1 until one year after the date on which it was deposited with the 2 department, unless a surety bond is substituted for the 3 security. Upon the expiration of one year from the date on which 4 the security was deposited, it shall be returned to the 5 depositor if no claim against the deposit is outstanding. 6 § 1133. Filing fee. 7 A filing fee fixed by the commission shall accompany each 8 bond filed or cash or security deposited in lieu of the bond 9 under this subchapter. 10 § 1134. Recovery on bond. 11 Recovery may be had on the bond or against the deposit of 12 cash or security in the same manner as penalties are recoverable 13 at law. 14 CHAPTER 13 15 ENFORCEMENT 16 Sec. 17 1301. Commission hearings. 18 1302. Subpoenas. 19 1303. Preliminary suspension of licenses or permits. 20 1304. Suspension or revocation of licenses or permits. 21 1305. Civil penalties. 22 § 1301. Commission hearings. 23 The commission shall conduct all hearings under the 24 provisions of Title 2 (relating to administrative law and 25 procedure). The commission shall conduct a hearing within ten 26 business days from the time any recommendation is made by the 27 executive director that a permit or license be suspended or 28 revoked. 29 § 1302. Subpoenas. 30 The commission may issue subpoenas in connection with the 19910H1174B2459 - 39 -
1 investigation, requiring the attendance and testimony of or the 2 production of books and papers by any licensee or other person 3 whom the commission believes to have information, books or 4 papers of importance to it in making the investigation. 5 § 1303. Preliminary suspension of licenses or permits. 6 (a) General rule.--The commission may, upon its own motion 7 or upon the verified written complaint of any person charging a 8 licensee or permittee with violating any provision of this 9 subpart or the rules and regulations promulgated under this 10 subpart, order the preliminary suspension of any license or 11 permit until adjudication by the commission, if such action is 12 necessary to prevent immediate or irreparable harm to the public 13 welfare or to protect the health and safety of a boxer. 14 (b) Meetings.--Upon the oral or written agreement of two 15 members of the commission, the commission may conduct meetings 16 under subsection (a) by voice or video electronic means, if the 17 subject matter of the meeting is so compelling or timely that 18 considering the matter at the commission's next regular meeting 19 would render any decision moot, adversely affect the rights of 20 the aggrieved parties under this subpart or threaten the safety 21 or physical health of participants. A stenographic record of 22 such meetings shall be made and maintained by the commission and 23 be made available to the parties upon request. The subject 24 matter of any such meeting shall then become the first item on 25 the commission's agenda for its next regularly scheduled 26 meeting. 27 (c) Hearing date.--The commission shall hold a hearing 28 within ten business days after the date on which the license or 29 permit was suspended preliminarily, at which time reasonable 30 efforts shall be made for the affected parties and the 19910H1174B2459 - 40 -
1 commission to be physically present. 2 § 1304. Suspension or revocation of licenses or permits. 3 (a) General rule.--The commission may suspend or revoke a 4 license or permit in any case where the commission finds that 5 the licensee or permittee: 6 (1) Is guilty of gross immorality. 7 (2) Is unfit or incompetent by reason of negligence or 8 habits. 9 (3) Is guilty of violating any provision of this subpart 10 or of the rules and regulations promulgated under this 11 subpart. 12 (4) Has committed fraud or deceit in securing his or 13 another's license or permit. 14 (5) Has been convicted of, or pleaded guilty or entered 15 a plea of nolo contendere to, or has been found guilty by a 16 judge or jury of, a crime in any jurisdiction within ten 17 years preceding the suspension or revocation. 18 (6) Is an habitual drunkard or is addicted to the use of 19 morphine, cocaine or other drugs having a similar effect. 20 (7) Is or has become mentally incompetent. 21 (8) Has been guilty of unprofessional or unethical 22 conduct or such conduct as to require a suspension or 23 revocation in the public interest. 24 (9) Has made a misstatement of a material fact or 25 fraudulently concealed a material fact or has induced, aided 26 or abetted any other person in misstating or concealing any 27 material fact in any application or other proceeding under 28 this subpart. 29 (10) Has failed to account for or pay over moneys 30 belonging to others which have come into his possession in 19910H1174B2459 - 41 -
1 connection with a contest or exhibition. 2 (11) Has failed to furnish to the proper party a copy of 3 any contract or statement required by this subpart or the 4 rules and regulations promulgated under this subpart, or has 5 breached such a contract. 6 (12) Has paid or agreed to pay any money or article of 7 value to any person not having a license or a permit for 8 soliciting or for business secured or for rendering of any 9 service or the doing of any of the acts forbidden by this 10 subpart and the rules and regulations promulgated under this 11 subpart. 12 (13) Has loaned his license or permit to another person 13 or has borrowed or used the license or permit of another. 14 (14) Is guilty of any form of pretense which might 15 induce the public or citizens to become a prey to 16 professional exploitation. 17 (15) Has employed a person who has not been issued a 18 license or permit when so required by law. 19 (16) Has failed to maintain in force the bond required 20 by this subpart or has failed to forward a deposit in lieu of 21 the bond. 22 (17) Has by act or omission conducted himself in a 23 manner detrimental to the best interests of boxing generally 24 or to the public interest and general welfare. 25 (18) Is associating or consorting with criminals, 26 bookmakers, gamblers or persons of similar ill repute, or 27 with persons of no known or visible means of livelihood, or 28 is himself engaged or engaging in similar pursuits or 29 conduct. 30 (19) Has been disciplined in any manner by the 19910H1174B2459 - 42 -
1 commission or similar agency or body of any jurisdiction. 2 (20) Has failed to pay a fine or any part thereof 3 imposed pursuant to this subpart. 4 (21) Is or may be at risk of serious physical impairment 5 if allowed to participate in boxing engagements. The 6 commission may investigate the mental or physical fitness of 7 a licensee to participate in contests or exhibitions at any 8 time. This paragraph only applies to licensees or permittees 9 who are boxers. 10 (b) Hearings.--Any licensee or permittee whose license or 11 permit is suspended or revoked pursuant to this section shall 12 have a right to a hearing before the commission within ten 13 business days after the date on which the license or permit is 14 suspended or revoked. 15 § 1305. Civil penalties. 16 The commission may impose a civil penalty of not more than 17 $5,000 for any violation of any provision of this subpart, other 18 than section 1701 (relating to prohibited competitions), or the 19 rules and regulations promulgated under those provisions, in 20 addition to any other punishment provided under this subpart for 21 the violation. Any licensee or permittee upon whom a civil 22 penalty is imposed under this section shall have a right to a 23 hearing before the commission within ten days after notice of 24 the commission's intent to impose the penalty is received. 25 CHAPTER 15 26 FINANCIAL PROVISIONS 27 Subchapter 28 A. Financial Interests 29 B. Commission Receipts 30 C. Purses 19910H1174B2459 - 43 -
1 D. Insurance 2 SUBCHAPTER A 3 FINANCIAL INTERESTS 4 Sec. 5 1501. Financial interest in boxer prohibited. 6 1502. Financial interest in opponent prohibited. 7 1503. Financial interest of matchmaker. 8 § 1501. Financial interest in boxer prohibited. 9 No commission member or employee or physician, referee or 10 judge licensed under this subpart, shall have any direct or 11 indirect financial or pecuniary interest in any boxer. A 12 violation of this section shall constitute a misdemeanor of the 13 third degree. 14 § 1502. Financial interest in opponent prohibited. 15 No manager, trainer or second of any boxer shall have any 16 direct or indirect financial or pecuniary interest in the 17 opponent in any contest in which his own boxer participates. No 18 boxer shall have any direct or indirect financial or pecuniary 19 interest in his opponent in any contest. A violation of this 20 section shall constitute a misdemeanor of the third degree. 21 § 1503. Financial interest of matchmaker. 22 No matchmaker shall have any direct or indirect financial or 23 pecuniary interest in any boxer who is engaging in a contest 24 arranged by that matchmaker. A violation of this section shall 25 constitute a misdemeanor of the third degree. 26 SUBCHAPTER B 27 COMMISSION RECEIPTS 28 Sec. 29 1511. Disposition of commission receipts. 30 1512. Athletic Commission Augmentation Account. 19910H1174B2459 - 44 -
1 § 1511. Disposition of commission receipts. 2 All fees, taxes, civil penalties, forfeitures and other 3 moneys collected under the provisions of this subpart and the 4 rules and regulations promulgated under this subpart shall be 5 collected by the commission and transmitted to the Department of 6 Revenue. 7 § 1512. Athletic Commission Augmentation Account. 8 All funds collected by the commission shall be paid into the 9 Athletic Commission Augmentation Account, which shall be a 10 special restricted receipts account within the General Fund. 11 This account shall be used only for the support and operation of 12 the commission unless a surplus arises after two consecutive 13 years, at which time the secretary shall transfer any amount in 14 excess of the commission's budget into the General Fund. 15 SUBCHAPTER C 16 PURSES 17 Sec. 18 1521. Minimum purses for boxers. 19 1522. Distribution of purses to boxers. 20 1523. Withholding of purses. 21 1524. Hearing regarding withheld purse. 22 1525. Disposition of withheld purse. 23 1526. Advances against purses. 24 § 1521. Minimum purses for boxers. 25 No purse less than $50 shall be paid by the promoter to any 26 professional boxer for any contest or exhibition, other than a 27 training exhibition. 28 § 1522. Distribution of purses to boxers. 29 (a) Promoter distribution.--Unless otherwise directed by the 30 commission or an authorized agent of the commission, all boxing 19910H1174B2459 - 45 -
1 purses shall be distributed by the promoter immediately after 2 the conclusion of the contest or exhibition and, in any event, 3 not later than 24 hours after the conclusion. A written 4 statement showing the distribution of the purse, including each 5 item of receipt and each expenditure or deduction, shall be 6 furnished to the boxer and his manager, together with his share 7 of the purse. A copy of the statement, certified by the promoter 8 to be true and correct, shall be filed in the office of the 9 executive director and shall have attached to it receipted 10 vouchers for every expenditure or deduction. 11 (b) Manager distribution.--Unless otherwise directed by the 12 commission or an authorized agent of the commission, every 13 manager shall furnish a statement of distribution to the boxer 14 he manages, together with the boxer's share of the purse, 15 immediately after he receives the purse and statement from the 16 promoter and, in any event, not later than 24 hours after 17 receipt. A copy thereof, certified by the manager to be true and 18 correct, shall be filed in the office of the executive director 19 and shall have attached to it receipted vouchers for every 20 expenditure or deduction made by the manager. 21 § 1523. Withholding of purses. 22 (a) General rule.--The commission may order the promoter to 23 withhold any purse, or any part thereof, or any receipts or 24 other funds belonging to or payable to any contestant or for 25 which any contestant is competing, or any manager's share 26 thereof, if it appears that the contestant is not competing 27 honestly or is intentionally not competing to the best of his 28 ability and skill, or if it appears that the contestant, his 29 manager or any of his seconds has violated any provision of this 30 subpart or the rules and regulations promulgated under this 19910H1174B2459 - 46 -
1 subpart. 2 (b) Escrow.--The commission may order that the gross 3 receipts shall be withheld and placed in escrow if it appears 4 that this subpart has been violated. 5 § 1524. Hearing regarding withheld purse. 6 (a) Delivery to commission.--Any purse or portion thereof 7 withheld under section 1523 (relating to withholding of purses) 8 shall be delivered by the promoter to the commission within 48 9 hours after the end of the contest. 10 (b) Request for hearing.--Within ten days after the end of 11 the contest, the licensee from whom the sum was withheld may 12 apply in writing to the commission for a hearing. Upon receipt 13 of the application, the commission shall fix a date for a 14 hearing. 15 § 1525. Disposition of withheld purse. 16 (a) General rule.--Within a reasonable time after the 17 hearing or after the expiration of ten days following the 18 contest, if no application for a hearing is filed, the 19 commission shall determine the disposition to be made of the 20 withheld purse. 21 (b) Withholding.--If the commission finds the charges upon 22 which the withholding order was based to be true and to be 23 sufficient lawful reason upon which to base such an order, it 24 may declare the funds, or any part thereof, withheld or 25 forfeited. 26 (c) Distribution.--If the commission finds the charge or 27 charges to be untrue or not to be sufficient lawful reason upon 28 which to base a withholding order, it shall distribute the 29 withheld funds to the persons entitled thereto. 30 § 1526. Advances against purses. 19910H1174B2459 - 47 -
1 (a) General rule.--No promoter or foreign copromoter shall 2 pay, lend or give any money to a contestant before any contest 3 as an advance against his purse or for a similar purpose. A 4 promoter may, with the prior written permission of the 5 commission, pay or advance to a contestant necessary expenses 6 for transportation and maintenance in preparation for a contest. 7 (b) Forfeiture of purse.--If a contestant's purse is 8 forfeited, the commission may include such payments or advances 9 as part of the forfeiture, and, if he does not forward that 10 amount to the department, it may be recovered in the same manner 11 as a debt due the Commonwealth. 12 SUBCHAPTER D 13 INSURANCE 14 Sec. 15 1531. Insurance coverage of boxers. 16 § 1531. Insurance coverage of boxers. 17 The commission may promulgate rules and regulations requiring 18 licensed boxers to be covered by insurance for: 19 (1) Medical, surgical and hospital care resulting from 20 injuries sustained while preparing for or engaged in boxing 21 contests or exhibitions with the insured being the 22 beneficiary of the policies. 23 (2) Life, providing for payments to the estates or 24 beneficiaries of deceased boxers where death was caused by 25 injuries received while preparing for or engaged in contests 26 or exhibitions. 27 The premiums for this insurance shall be paid by the insured's 28 manager. 29 CHAPTER 17 30 MISCELLANEOUS PROVISIONS 19910H1174B2459 - 48 -
1 Sec.
2 1701. Prohibited competitions.
3 § 1701. Prohibited competitions.
4 (a) Offense denied DEFINED.--A person commits a misdemeanor <--
5 of the first degree if he promotes, sponsors or participates in
6 any manner in the staging of, or the conduct of, any tough guy
7 contest.
8 (b) Application of section.--This section shall not apply
9 to:
10 (1) News media, including, but not limited to,
11 television, radio, newspapers and periodicals for their
12 reporting activities relating to any tough guy contest.
13 (2) Amateur or professional contests or exhibitions for
14 which a permit has been issued under Chapter 9 (relating to
15 licenses and permits).
16 (3) Professional wrestling exhibitions.
17 (4) Contests staged in connection with athletic training
18 programs.
19 (5) Amateur or professional martial arts contests.
20 (6) Collegiate or scholastic boxing, wrestling or
21 martial arts contests.
22 (7) Professional or amateur wrestling contests not
23 prohibited by the commission under Subpart C (relating to
24 wrestling).
25 (c) Definition.--As used in this section, the term "tough
26 guy contest" means any competition which involves any physical
27 contact bout between two or more individuals who attempt to
28 knock out the opponent by employing boxing, wrestling, martial
29 arts tactics, kicking, choking or other techniques or any
30 combination thereof.
19910H1174B2459 - 49 -
1 SUBPART C
2 WRESTLING
3 Chapter
4 19. Preliminary Provisions
5 21. Regulation of Professional Wrestling Contests and
6 Exhibitions
7 23. Regulation of Amateur Wrestling Contests and Exhibitions <--
8 CHAPTER 19
9 PRELIMINARY PROVISIONS
10 Sec.
11 1901. Short title of subpart.
12 1902. Definitions.
13 1903. Applicability of subpart.
14 § 1901. Short title of subpart.
15 This subpart shall be known and may be cited as the Wrestling
16 Act.
17 § 1902. Definitions.
18 Subject to additional definitions contained in subsequent
19 provisions of this subpart which are applicable to specific
20 provisions of this subpart, the following words and phrases when
21 used in this subpart shall have the meanings given to them in
22 this section unless the context clearly indicates otherwise:
23 "Promoter." Any person and, in the case of a corporation, an
24 officer, director, employee or shareholder thereof who produces,
25 arranges or stages any professional wrestling exhibition.
26 "Wrestling contest." A wrestling engagement in which the
27 wrestlers strive earnestly in good faith to win.
28 "Wrestling event." One or more wrestling exhibitions
29 conducted at the same location on the same day.
30 "Wrestling exhibition." An engagement in which the
19910H1174B2459 - 50 -
1 participants display their skills in a struggle against each 2 other in the ring, with or without the use of accessories, 3 without necessarily striving to win, provided that contests 4 prohibited by law shall not be considered exhibitions. 5 § 1903. Applicability of subpart. 6 This subpart shall not apply to any amateur or professional 7 wrestling contest or exhibition held solely as a training event 8 for the Olympic Games and certified as such an event by the 9 commission. 10 CHAPTER 21 11 REGULATION OF PROFESSIONAL WRESTLING CONTESTS 12 AND EXHIBITIONS 13 Sec. 14 2101. Promoter's license. 15 2102. Promoter's bonding requirements. 16 2103. Gross receipts taxes. 17 2104. Physician to be in attendance. 18 2105. Ambulance available. 19 2106. Crowd control. 20 2107. Prohibited acts. 21 2108. Enforcement. 22 2109. Penalties. 23 2110. Disposition of commission receipts. 24 § 2101. Promoter's license. 25 (a) Required.--No promoter shall conduct, hold or promote 26 any professional wrestling contest or exhibition unless the 27 promoter has first obtained a promoter's license from the 28 commission. A promoter licensed under the act of July 1, 1989 29 (P.L.160, No.29), known as the Professional Wrestling Act, 30 including a promoter deemed licensed under section 3(a) of that 19910H1174B2459 - 51 -
1 act, shall be deemed licensed under this subpart, unless the 2 commission has suspended or revoked the license or the license 3 has expired. A promoter's license shall be issued by the 4 commission upon the filing by an applicant of the following: 5 (1) A license fee of $100. 6 (2) A surety bond as required under section 2102 7 (relating to promoter's bonding requirements). 8 (3) An application form stating the name, address, phone 9 number, taxpayer identification number and nature of the 10 entity applying for the license. 11 (b) Prohibition.--The commission shall not issue or renew a 12 promoter's license to a person who has been convicted of or 13 pleaded guilty or nolo contendere to any of the following 14 offenses during the ten years preceding the application date: 15 (1) Bribery. 16 (2) Corrupt solicitation. 17 (3) Extortion. 18 (4) Perjury or subornation of perjury. 19 (5) Carrying a deadly weapon. 20 (6) Any offense set forth in 18 Pa.C.S. Ch. 43 Subch. A 21 (relating to definition of offenses generally), 55 (relating 22 to riot, disorderly conduct and related offenses), 59 23 (relating to public indecency) or 63 (relating to minors). 24 (7) Bribery in athletic contests. 25 (8) Soliciting or accepting a bribe in athletic 26 contests. 27 (9) Professional theft. 28 (10) Murder. 29 (11) Administering drugs. 30 (12) Rape. 19910H1174B2459 - 52 -
1 (13) Indecent assault. 2 (14) Kidnapping. 3 (15) Any offense involving the use, sale or delivery of 4 narcotics. 5 (c) Renewal.--A promoter's license shall be renewed annually 6 upon payment of a license fee of $100 to the Athletic Commission 7 Augmentation Account. The license shall expire on December 31 8 next following issuance. 9 (d) Reports.--At least ten days before the scheduled date of 10 any professional wrestling contest or exhibition, the promoter 11 of the contest or exhibition shall notify the commission in 12 writing of the date, time and location of the event. 13 (e) Suspension.--Upon conviction of a promoter for any 14 violation of this subpart, the commission shall suspend the 15 promoter's license for a period as follows: 16 (1) For an offense other than as provided in paragraph 17 (2), 60 days. 18 (2) For an offense committed within 12 months after 19 conviction of a prior offense, 90 days. 20 (f) Revocation.--Upon conviction of a promoter of a 21 violation of this subpart committed within 12 months after 22 conviction of a violation as defined under subsection (e)(2), 23 the commission shall revoke the promoter's license. The license 24 shall not be reissued prior to the expiration of one year from 25 the effective date of revocation. 26 (G) PROMOTING WITHOUT A LICENSE.--THE COMMISSION MAY ISSUE <-- 27 AN ORDER PROHIBITING A PROMOTER FROM HOLDING OR PROMOTING A 28 PROFESSIONAL WRESTLING CONTEST OR EXHIBITION WITHOUT HAVING 29 OBTAINED THE PROMOTER'S LICENSE REQUIRED UNDER SUBSECTION (A). 30 IF IT IS DETERMINED THE RESPONDENT HAS ENGAGED IN THE PROMOTION 19910H1174B2459 - 53 -
1 OF ANY PROFESSIONAL CONTEST OR EXHIBITION WITHOUT HAVING FIRST 2 OBTAINED A PROMOTER'S LICENSE FROM THE COMMISSION, THE COURT, ON 3 PETITION BY THE COMMISSION, SHALL ENJOIN HIM FROM SUCH 4 ACTIVITIES UNLESS AND UNTIL HE HAS BEEN DULY LICENSED. THE 5 PROCEDURE IN SUCH CASES SHALL BE THE SAME AS IN ANY OTHER 6 INJUNCTION SUIT. THE REMEDIES UNDER THIS SUBSECTION ARE IN 7 ADDITION TO ANY OTHER REMEDIES UNDER THIS PART. 8 § 2102. Promoter's bonding requirements. 9 (a) General rule.--Before the scheduled date of any 10 professional wrestling contest or exhibition, the promoter shall 11 provide the commission and shall maintain in effect a surety 12 bond in an amount of not less than $10,000, as the department 13 shall determine. 14 (b) Conditions of bond.--The surety bond shall be 15 conditioned upon the faithful performance by the promoter of his 16 obligations under this subpart and any contract with an entity 17 in charge of an arena or other facility at which the exhibition 18 is held. All bonds shall be on a form supplied by the department 19 and shall be accompanied by a filing fee fixed by the 20 commission. 21 (c) Recovery on bond.--Recovery may be had on the bond in 22 the same manner as penalties are recoverable at law. 23 § 2103. Gross receipts taxes. 24 (a) Imposition of tax.--In addition to any Federal tax or 25 tax imposed by any political subdivision of this Commonwealth to 26 be paid on gross receipts, every promoter shall pay a State tax 27 of 5% of the face value of all tickets sold to any wrestling 28 contest or exhibition. 29 (b) Payment of tax.--The tax payment shall be made to the 30 commission within ten days after the contest or exhibition. The 19910H1174B2459 - 54 -
1 payment shall be accompanied by a form prescribed by the 2 commission setting forth the taxable receipts received from the 3 contest or exhibition, together with such other information as 4 the department may require. Payment shall be accompanied by a 5 verified statement by the ticket printer showing the number of 6 tickets printed for use at the contest or exhibition. Any 7 payment not received by the commission within the ten-day period 8 shall be subject to a late fee fixed by the commission by 9 regulation, which shall be not more than $100. 10 § 2104. Physician to be in attendance. 11 Before any professional wrestling contest or exhibition shall 12 take place, the promoter and the operator of the arena or 13 facility shall employ a physician to be present at every 14 wrestling contest or exhibition. The physician shall observe the 15 physical condition of the participants throughout the contest or 16 exhibition and shall be authorized to terminate the contest or 17 exhibition when, in his judgment, severe injury would result if 18 the contest or exhibition were to continue. The physician's fee 19 shall be paid by the promoter. 20 § 2105. Ambulance available. 21 Before any professional wrestling contest or exhibition shall 22 take place, the promoter and the operator of the arena or 23 facility shall have an ambulance or paramedical unit present at 24 the arena in case a serious injury were to occur. If the 25 ambulance or paramedical unit is located within five miles of 26 the arena and that unit has been notified to be on call by the 27 promoter, the unit need not be present at the arena. 28 § 2106. Crowd control. 29 Before any professional wrestling contest or exhibition shall 30 take place, the promoter and the operator of the arena or 19910H1174B2459 - 55 -
1 facility shall ensure that adequate security personnel are in 2 attendance to control fans in attendance. The size of the 3 security force is at the discretion of the promoter and the 4 owner or operator of the arena or facility, as they shall agree. 5 § 2107. Prohibited acts. 6 (a) Arena owners or operators.--An owner or operator of an 7 arena or other facility at which a professional wrestling 8 contest or exhibition takes place shall not destroy any ticket 9 or ticket stub, whether sold or unsold, within three months 10 after the date of any exhibition. 11 (b) Wrestlers.--A wrestler shall not deliberately cut or 12 otherwise mutilate himself while participating in a wrestling 13 contest or exhibition. 14 (c) Promoter.--A promoter shall not do any of the following: 15 (1) Conduct any professional wrestling contest or 16 exhibition without satisfying the bond requirements specified 17 in section 2102 (relating to promoter's bonding 18 requirements). 19 (2) Employ as a participant in a wrestling contest or 20 exhibition any individual who is under 18 years of age. 21 § 2108. Enforcement. 22 (a) General rule.--The executive director may assign a 23 representative of the commission to any professional wrestling 24 contest or exhibition to ensure compliance with this subpart. 25 This representative shall be admitted by the promoter without 26 fee. In place of a commission representative the executive 27 director may, upon notifying the police chief of any municipal 28 police department, request that a designee of the local police 29 department monitor the compliance of this subpart at the 30 exhibition. 19910H1174B2459 - 56 -
1 (b) Enforcement fee.--The promoter shall pay a fee of $100 2 for each wrestling event to the enforcement entity attending the 3 event under subsection (a) to cover the costs of enforcement of 4 this subpart. 5 § 2109. Penalties. 6 Except for a violation of section 2101 (relating to 7 promoter's license) or 2107 (relating to prohibited acts), a 8 knowing or reckless violation of any provision of this subpart 9 shall be a summary offense. A knowing or reckless violation of 10 section 2101 or 2107 shall be a misdemeanor of the third degree. 11 In addition to any other procedure for instituting proceedings, 12 the executive director may, upon receiving a report of an 13 unlawful incident or a violation of this subpart, authorize the 14 filing of a complaint or citation pursuant to the Pennsylvania 15 Rules of Criminal Procedure. 16 § 2110. Disposition of commission receipts. 17 Fees, taxes, fines, forfeitures and other money collected 18 under the provisions of this subpart and the rules and 19 regulations promulgated under this part, including all fees 20 charged under this part and fines imposed and collected for 21 violations of this part, shall be collected by the commission, 22 transmitted to the Department of Revenue and paid into the 23 Athletic Commission Augmentation Account established in section 24 1512 (relating to Athletic Commission Augmentation Account). 25 CHAPTER 23 <-- 26 REGULATION OF AMATEUR WRESTLING CONTESTS 27 AND EXHIBITIONS 28 Sec. 29 2301. Amateur wrestling contests and exhibitions. 30 § 2301. Amateur wrestling contests and exhibitions. 19910H1174B2459 - 57 -
1 All amateur wrestling contests and exhibitions shall be 2 subject to the provisions of Chapter 21 (relating to regulation 3 of professional wrestling contests and exhibitions) and to such 4 regulations promulgated under this subpart as apply by their 5 terms to amateur events. The commission may approve the rules of 6 an appropriate body which organizes and holds such contests and 7 may grant the body authority to conduct those contests, subject 8 to such regulatory control or oversight as the commission deems 9 necessary. 10 Section 2. Status of existing licenses and permits. 11 This act shall not adversely affect licenses or permits 12 issued under or otherwise valid under the act of July 1, 1989 13 (P.L.136, No.28), known as the Athletic Code, or the act of July 14 1, 1989 (P.L.160, No.29), known as the Professional Wrestling 15 Act. This act shall not affect any suspensions, revocations or 16 other action taken with respect to licenses and permits by the 17 Department of State or the State Athletic Commission under 18 applicable law. 19 Section 3. Current members of State Athletic Commission and 20 Medical Advisory Board. 21 Any person who is a member of the State Athletic Commission 22 or the Medical Advisory Board on the effective date of this act 23 shall serve on the commission or board for a term of four years 24 from his date of appointment and until his successor is 25 appointed and qualified. 26 Section 4. Effect of prior rules and regulations. 27 (a) All rules and regulations made pursuant to or valid 28 under any act repealed by this act shall continue in force and 29 effect unless contrary to the provisions of 5 Pa.C.S. Pt. I 30 (relating to boxing and wrestling). 19910H1174B2459 - 58 -
1 (b) Regulations promulgated under the act of April 12, 1951 2 (P.L.90, No.21), known as the Liquor Code, are invalidated 3 insofar as they are inconsistent with section 1 (section 107). 4 Section 5. Repayment of appropriation. 5 The appropriation under section 3107 of the act of July 1, 6 1989 (P.L.136, No.28), known as the Athletic Code, shall be 7 repaid by the State Athletic Commission to the Professional 8 Licensure Augmentation Account by June 30, 1995. 9 Section 6. Repeals. 10 The following acts and parts of acts are repealed in their 11 entirety: 12 Act of July 1, 1989 (P.L.136, No.28), known as the Athletic 13 Code. 14 Act of July 1, 1989 (P.L.160, No.29), known as the 15 Professional Wrestling Act. 16 Section 7. Effective date. 17 This act shall take effect immediately. D4L05BIL/19910H1174B2459 - 59 -