PRIOR PRINTER'S NOS. 1338, 2459 PRINTER'S NO. 2787
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 20, 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.
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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
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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.
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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 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The heading of Title 5 of the Pennsylvania
21 Consolidated Statutes is amended and Title 5 is amended by
22 adding a part to read:
23 TITLE 5
24 [Reserved]
25 ATHLETICS AND SPORTS
26 Part
27 I. Boxing and Wrestling
28 PART I
29 BOXING AND WRESTLING
30 Subpart
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1 A. General Provisions
2 B. Boxing
3 C. Wrestling
4 SUBPART A
5 GENERAL PROVISIONS
6 Chapter
7 1. Preliminary Provisions
8 CHAPTER 1
9 PRELIMINARY PROVISIONS
10 Sec.
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 § 101. Definitions.
18 Subject to additional definitions contained in subsequent
19 provisions of this part which are applicable to specific
20 provisions of this part, the following words and phrases when
21 used in this part shall have the meanings given to them in this
22 section unless the context clearly indicates otherwise:
23 "Commission." The State Athletic Commission.
24 "Department." The Department of State of the Commonwealth.
25 "Executive director." The executive director of the State
26 Athletic Commission.
27 "Secretary." The Secretary of the Commonwealth.
28 § 102. State Athletic Commission.
29 (a) Composition.--The State Athletic Commission shall be
30 composed of three members appointed by the Governor with the
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1 advice and consent of a majority of the members elected to the
2 Senate. The Governor shall designate one of the members as
3 chairman. The secretary and the chairman of the Medical Advisory
4 Board established under section 501 (relating to Medical
5 Advisory Board) shall be ex officio members of the commission.
6 Each appointment shall be for a term of four years.
7 (b) Compensation.--Each commissioner, except the secretary
8 and the chairman of the Medical Advisory Board, shall receive a
9 salary of $10,000 annually. The chairman of the commission shall
10 receive a salary of $10,500 annually. The commissioners and the
11 chairman of the Medical Advisory Board shall also receive
12 reasonable and necessary travel expenses incurred as a direct
13 result of their duties as members of the commission. The
14 expenses incurred by the commissioners shall be allowed and paid
15 on the presentation of itemized vouchers therefor, which
16 vouchers shall be subject to the approval of the secretary.
17 (c) Removal.--Except as authorized under this section, no
18 commissioner may be removed from office during his term. The
19 Governor may, upon clear and convincing evidence of misfeasance
20 or malfeasance in office or neglect of duty, remove a
21 commissioner prior to the expiration of the term. The Governor
22 shall then provide the commissioner so removed with a detailed
23 written statement of the reasons for removal.
24 (d) Quorum requirement.--Two members of the commission shall
25 constitute a quorum.
26 § 103. Duties of commission.
27 (a) Meetings.--The commission shall hold regular meetings at
28 least once every two months to carry out the requirements of
29 this part, which shall include the consideration of any rules or
30 regulations or amendments thereto which are recommended by the
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1 executive director. The meetings shall be open to the public.
2 The meeting times shall be scheduled one year in advance and
3 shall be published in the Pennsylvania Bulletin.
4 (b) General duties.--In addition to any other power
5 specifically granted by this part, the commission:
6 (1) May establish policy and shall promulgate rules and
7 regulations regarding professional and amateur boxing
8 contests and exhibitions held within this Commonwealth, and
9 the presentation of such contests and exhibitions and all
10 matters pertaining thereto, except such contests and
11 exhibitions as are specifically exempted from this part.
12 (2) Shall promulgate rules and regulations regarding
13 collection of taxes on professional wrestling exhibitions.
14 (3) May establish policy and promulgate rules and
15 regulations regarding professional and amateur wrestling
16 contests as authorized under Chapter 23 (relating to
17 regulation of amateur wrestling contests and exhibitions).
18 The rules and regulations authorized under this section
19 include those rules and regulations required by this part,
20 together with such others as the commission considers
21 necessary in order to carry out the provisions of this part.
22 § 104. Appointment and qualifications of executive director.
23 The secretary shall appoint an executive director of the
24 commission with administrative experience and other
25 qualifications indicating he is familiar with the activities to
26 be regulated by this part. The executive director shall serve at
27 the pleasure of the secretary. The executive director's salary
28 shall be fixed by the secretary with the approval of the
29 Governor, and the executive director shall hold no other paid
30 public position.
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1 § 105. Powers and duties of executive director.
2 The executive director shall supervise the administrative
3 work of the commission. The executive director shall have the
4 power and duty:
5 (1) To attend the meetings of the commission.
6 (2) To recommend to the commission suspension or
7 revocation of any license or permit issued pursuant to this
8 part for violations of any provisions of this part or the
9 rules and regulations of the commission, or when such action
10 is necessary to protect the public welfare.
11 (3) To supervise and direct staff appointed by the
12 secretary engaged in work directly related to the
13 implementation of this part.
14 (4) To prepare and recommend to the commission rules and
15 regulations and amendments thereto regarding the matters
16 regulated under this part.
17 (5) To implement and supervise a drug testing program of
18 all athletes licensed under Subpart B (relating to boxing) in
19 consultation with the Medical Advisory Board and the
20 Department of Health.
21 (6) To present the standing committees of both Houses of
22 the General Assembly with an annual review of the
23 commission's rules and regulations.
24 (7) To establish and maintain a record of all boxers
25 licensed under Subpart B, showing for each licensee all of
26 the following:
27 (i) The date licensed.
28 (ii) The results of prefight and postfight
29 physicals.
30 (iii) Any fictitious or assumed names by which the
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1 licensee competes.
2 (iv) The number and dates of any suspensions of the
3 licensee.
4 (v) The dates when the licensee is knocked out.
5 (vi) The licensee's record from other states.
6 (8) To administer and make effective the provisions of
7 this part and the rules and regulations made under this part.
8 (9) To conduct a substantial portion of the activities
9 required by this part at a single central location, wherein
10 all records of the commission shall be maintained.
11 (10) To prepare an annual budget for the consideration
12 of the commission, showing the costs of operation and
13 revenues received in the previous fiscal year and the
14 estimated costs of operations and revenues to be received in
15 the next fiscal year. The budget shall be approved by the
16 commission and forwarded to the secretary in a timely fashion
17 for his review and inclusion in the budget request of the
18 department.
19 (11) To aid the commission in the promotion of boxing
20 contests in this Commonwealth.
21 (12) To supervise collection of taxes on professional
22 wrestling exhibitions.
23 § 106. Limitations on applicability of part.
24 No provision of this part nor any rule or regulation
25 promulgated under this part shall apply to any boxing contest or
26 exhibition or wrestling contest or exhibition conducted or
27 sponsored by any university, college, secondary school or group
28 of universities, colleges or secondary schools or the Department
29 of Corrections if all the participants are students regularly
30 enrolled in such institutions or inmates confined within a State
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1 or county correctional facility, respectively.
2 SUBPART B
3 BOXING
4 Chapter
5 3. Preliminary Provisions
6 5. Medical Advisory Board
7 7. Regulation of Boxing Contests and Exhibitions
8 9. Licenses and Permits
9 11. Promotion of Contests and Exhibitions
10 13. Enforcement
11 15. Financial Provisions
12 17. Miscellaneous Provisions
13 CHAPTER 3
14 PRELIMINARY PROVISIONS
15 Sec.
16 301. Short title of subpart.
17 302. Definitions.
18 § 301. Short title of subpart.
19 This subpart shall be known and may be cited as the Boxing
20 Act.
21 § 302. Definitions.
22 Subject to additional definitions contained in subsequent
23 provisions of this subpart which are applicable to specific
24 provisions of this subpart, the following words and phrases when
25 used in this subpart shall have the meanings given to them in
26 this section unless the context clearly indicates otherwise:
27 "Amateur." A person who has never received nor competed for
28 any purse or other article of value, either for participating in
29 any boxing contest or exhibition or for the expenses of training
30 therefor, other than a prize which does not exceed $50 in value.
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1 "Boxing." The act of attack and defense with the fists,
2 practiced as a sport. The term includes all variations of the
3 sport permitting or using other parts of the human body,
4 including, but not limited to, the foot, knee, leg, elbow or
5 head.
6 "Contest." A boxing engagement in which the boxers strive
7 earnestly in good faith to win.
8 "Exhibition." A boxing engagement in which the boxers show
9 or display their skill without necessarily striving to win.
10 "Foreign copromoter." A promoter who has no place of
11 business within this Commonwealth.
12 "Judge." A person who has a vote in determining the winner
13 of any contest.
14 "Manager." A person who, directly or indirectly, controls or
15 administers the affairs of any boxer.
16 "Matchmaker." A person who brings together professional
17 boxers or arranges professional boxing contests or exhibitions.
18 "Professional." A person who has received or competed for,
19 or is receiving or competing for, any purse or other article of
20 value, other than a prize which does not exceed $50 in value,
21 either for participating in any boxing contest or exhibition or
22 for the expenses of training therefor.
23 "Promoter." Any person and, in the case of a corporate
24 promoter, any officer, director, employee or stockholder thereof
25 who produces, arranges or stages any professional contest or
26 exhibition.
27 "Purse." The financial guarantee or any other remuneration,
28 or part thereof, for which professional boxers are participating
29 in a contest or exhibition. The term includes the participant's
30 share of any payment received for radio broadcasting, television
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1 and motion picture rights.
2 "Sponsor." Any person and, in the case of a corporate
3 sponsor, any officer, director, employee or stockholder thereof
4 who produces, arranges or stages any amateur contest or
5 exhibition.
6 CHAPTER 5
7 MEDICAL ADVISORY BOARD
8 Sec.
9 501. Medical Advisory Board
10 § 501. Medical Advisory Board.
11 The commission shall appoint five physicians to serve on a
12 Medical Advisory Board for a term of four years. The Governor
13 shall designate a member with experience in sports medicine as
14 chairman of the board. Each member shall be paid a per diem rate
15 to be established by the secretary, but not in excess of $150 a
16 day. The board shall issue an annual report to the commission,
17 which shall include a review of the health status of each boxer
18 who competed during the prior fiscal year to identify those who
19 may be at risk of serious physical impairment. The board may
20 recommend changes or additions to the health and safety rules
21 and regulations of the commission and, upon request of the
22 commission, shall review proposed rules and regulations and
23 advise the commission of recommendations with respect to the
24 proposed rules and regulations.
25 CHAPTER 7
26 REGULATION OF BOXING CONTESTS AND EXHIBITIONS
27 Sec.
28 701. Boxing regulated.
29 702. Age of participants.
30 703. Fictitious names.
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1 704. Physician to be in attendance.
2 705. Medical training seminars.
3 706. Register.
4 707. Medical equipment.
5 708. Suspension and revocation for injuries.
6 709. Medical examinations.
7 710. Weights and classes.
8 711. Limitation on difference in weights.
9 712. Gloves.
10 713. Ring padding.
11 714. Duration of bouts and rounds.
12 715. Referee and judges.
13 716. Seconds.
14 717. Mandatory eight count.
15 718. Knockouts.
16 719. Duty of disclosure.
17 720. Sham or collusive contest prohibited.
18 § 701. Boxing regulated.
19 (a) General rule.--Professional contests or exhibitions,
20 including kick boxing, shall be held within this Commonwealth
21 only in accordance with the provisions of this subpart and the
22 rules and regulations promulgated under this subpart.
23 (b) Events on Sunday.--Contests or exhibitions may be held
24 on Sunday.
25 § 702. Age of participants.
26 (a) General rule.--No person under 18 years of age shall be
27 a participant in any contest or exhibition.
28 (b) Exception.--
29 (1) Any person between 12 and 17 years of age may
30 participate in amateur contests or exhibitions under such
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1 rules and regulations as the commission shall prescribe.
2 (2) Any person between 12 and 17 years of age may
3 participate after obtaining written permission from a parent
4 or legal guardian, as well as consent by the executive
5 director.
6 (3) A person 12 to 16 years of age may only participate
7 in such contests with a person not more than one year older.
8 (c) Junior Olympics.--The limitations set forth in
9 subsections (a) and (b) shall not apply to sanctioned boxing
10 events for the Junior Olympics under the direction of a national
11 governing organization certified by the commission. For the
12 purposes of the Junior Olympic events, participants, with the
13 written permission of a parent or legal guardian, may box only
14 in the following age divisions:
15 (1) Ten and eleven years of age.
16 (2) Twelve and thirteen years of age.
17 (3) Fourteen and fifteen years of age.
18 No participant shall take part in any event outside of the
19 approved division for that age group.
20 § 703. Fictitious names.
21 No person shall participate in any amateur contest or
22 exhibition under a fictitious or assumed name unless the
23 fictitious or assumed name has first been registered with the
24 commission.
25 § 704. Physician to be in attendance.
26 A physician shall be assigned to every contest or exhibition
27 by the executive director. The physician shall observe at all
28 times the physical condition of the participants and may stop
29 any contest or exhibition at any time to examine a participant
30 and to terminate a bout when, in the judgment of the physician,
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1 severe injury could result to a participant if the contest or
2 exhibition were to continue. The commission shall establish by
3 rule or regulation a schedule of fees to be paid to physicians
4 for their services. The physician's fee shall be paid by the
5 promoter of the contest or exhibition attended by the physician.
6 § 705. Medical training seminars.
7 The commission shall conduct mandatory medical training
8 seminars at least twice a year for all ring personnel,
9 commission personnel and other designated persons employed by
10 the secretary.
11 § 706. Register.
12 The executive director shall establish and maintain a
13 register for all professional boxers licensed in this
14 Commonwealth. The register shall include a photograph of the
15 boxer. In the register, the executive director shall record the
16 results of each contest or exhibition the boxer is involved in,
17 including technical knockouts, knockouts and other boxing-
18 related injuries, as well as the dates of each contest or
19 exhibition and the record of wins and losses.
20 § 707. Medical equipment.
21 No professional contest or exhibition shall be started unless
22 there is on the premises:
23 (1) An ambulance, together with emergency equipment.
24 (2) A portable resuscitator with oxygen and appropriate
25 endotracheal tubes and a qualified operator.
26 § 708. Suspension and revocation for injuries.
27 (a) General rule.--For sound medical reasons and to protect
28 the individual boxers, the commission shall establish mandatory
29 license suspensions of those persons who sustain certain
30 injuries.
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1 (b) Particular suspension periods.--The commission may
2 suspend a boxer's license for up to:
3 (1) Sixty days for a laceration of the face.
4 (2) Thirty days:
5 (i) for a technical knockout without head injuries;
6 or
7 (ii) upon recommendation of the ringside physician
8 if, in the physician's opinion, the boxer has sustained
9 sufficient injuries to require the suspension.
10 (3) Sixty days for head injuries.
11 (4) Ninety days for a knockout.
12 (c) Unconsciousness or concussion.--A boxer who has been
13 knocked unconscious or who has received a concussion shall have
14 his license suspended for 90 days, and the suspension shall be
15 removed only after the boxer has been pronounced fit after
16 undergoing medical examination by a physician.
17 (d) Repeated knockouts.--A boxer who has been knocked out or
18 severely beaten shall have his license revoked if, after
19 undergoing a medical examination by a physician, the commission
20 decides such action is necessary in order to protect the health
21 and welfare of the boxer.
22 (e) Consecutive defeats.--A boxer who has suffered six
23 consecutive defeats shall be investigated by the commission and,
24 upon recommendation of the executive director, in consultation
25 with the Medical Advisory Board, shall be required to undergo a
26 medical examination by a physician approved by the commission.
27 If appropriate, the commission may then proceed to suspend or
28 revoke the boxer's license.
29 § 709. Medical examinations.
30 (a) Prefight examination.--In addition to any other
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1 examination required by this subpart or the rules and
2 regulations promulgated under this subpart, each boxer shall be
3 examined by the attending physician within two hours before he
4 enters the ring. If, in the opinion of the physician, any boxer
5 is physically or mentally unfit to proceed, the physician shall
6 notify the person in charge, who shall immediately cancel the
7 contest or exhibition.
8 (b) Postfight examination.--In addition to any other
9 examination required by this subpart or the rules and
10 regulations promulgated under this subpart, a boxer may, at the
11 discretion of the ringside physician, be required to undergo a
12 medical examination by a physician designated by the executive
13 director during the five days following the contest or
14 exhibition in which he was a participant. If the boxer sustains
15 a knockout or technical knockout, the boxer shall undergo the
16 medical examination within such time period as shall be
17 prescribed by the rules and regulations promulgated by the
18 commission. An examination under this section shall be performed
19 at the expense of the promoter.
20 (c) Filing of results of examinations.--The results of the
21 examinations required by this section shall be reduced to
22 writing by the physician, signed by him and filed with the
23 commission within 48 hours after they have been performed.
24 (d) Content of examination.--Any medical examination
25 prescribed under this section or section 708 (relating to
26 suspension and revocation for injuries) shall conform to the
27 rules and regulations promulgated by the commission after
28 consultation with the Medical Advisory Board. The rules and
29 regulations regarding the postfight examination may prescribe,
30 or permit the attending physician to prescribe, additional tests
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1 in the case of a knockout, technical knockout, head injury or
2 other injury or medical condition. The examination may include
3 drug testing as prescribed by rules and regulations, which shall
4 be promulgated by the commission in accordance with the program
5 mandated by section 105(5) (relating to powers and duties of
6 executive director).
7 § 710. Weights and classes.
8 The commission shall promulgate rules and regulations
9 establishing classes of boxers, which classes shall be based
10 upon weights. All contests or exhibitions shall take place only
11 between boxers who are within the same weight class as defined
12 by the commission unless otherwise approved by the commission.
13 § 711. Limitation on difference in weights.
14 No contest or exhibition shall take place in which the
15 difference in weight of the participants exceeds ten pounds.
16 This section shall not apply to contests or exhibitions between
17 participants in the light-heavyweight , cruiserweight or
18 heavyweight classes, as defined by the commission, nor to
19 exhibitions held solely for training purposes.
20 § 712. Gloves.
21 (a) General rule.--All boxers licensed under this subpart
22 shall be required to use thumbless or thumb-attached gloves. The
23 appropriate weight boxing gloves shall be worn by boxers as
24 follows:
25 (1) One hundred sixty pounds or under, boxing gloves
26 weighing not less than eight ounces each.
27 (2) Over 160 pounds, boxing gloves weighing not less
28 than ten ounces each.
29 (b) Violation.--A violation of this section may subject the
30 participant, promoter or manager or any of them to suspension of
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1 not less than 30 days or revocation of their licenses, at the
2 discretion of the commission, pursuant to section 1304 (relating
3 to suspension or revocation of licenses or permits).
4 § 713. Ring padding.
5 All ring padding shall be subject to approval of the
6 commission. All padding shall be of soft felt, foam rubber or
7 similar material and shall be at least two inches thick.
8 § 714. Duration of bouts and rounds.
9 (a) Length of contest.--No contest or exhibition shall be
10 more than 12 rounds in length, except for championship contests
11 sanctioned by recognized international or national authorities,
12 which may be up to 15 rounds in length.
13 (b) Duration of round.--No round shall be more than three
14 minutes in duration.
15 (c) Mandatory rest period.--There shall be at least a one-
16 minute rest between consecutive rounds.
17 (d) Limitation on participation.--No boxer shall participate
18 in, nor be scheduled to participate in, more than 15 rounds
19 within 72 consecutive hours.
20 (e) Limitation on rounds.--The commission may, with respect
21 to any contest or exhibition or to any class of participants,
22 limit the number of rounds in a contest or exhibition to less
23 than the maximum number of rounds otherwise applicable.
24 § 715. Referee and judges.
25 (a) Referee.--At each professional contest or exhibition,
26 except an exhibition held solely for training purposes, there
27 shall be in attendance, at the expense of the promoter, a duly
28 licensed referee designated by the executive director, who shall
29 direct and control the contest or exhibition. Personal injury
30 and liability insurance coverage, in a minimum amount set by the
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1 commission, for all claims arising from the performance of their
2 duties at the contest or exhibition shall be in effect for all
3 referees. This coverage shall be provided at the expense of the
4 promoter.
5 (b) Judges.--There shall be in attendance at every contest,
6 at the expense of the promoter, three licensed judges, each of
7 whom shall render his individual decision, in writing, on a
8 scorecard supplied by the executive director at the end of every
9 contest which continues for the scheduled number of rounds. Each
10 judge shall have one vote, and a majority of the votes cast
11 shall determine the winner.
12 (c) Scoring.--The commission shall by rule or regulation
13 prescribe the methods of scoring.
14 § 716. Seconds.
15 Before the start of any contest or exhibition, the referee
16 shall ascertain from each participant the name of the chief
17 second. The chief second shall be held responsible for the
18 conduct of his assistants during the contest or exhibition.
19 § 717. Mandatory eight count.
20 Whenever a boxer is knocked down, the boxer shall be required
21 to take a count of eight. The referee shall not permit the
22 contest or exhibition to be resumed until the count of eight has
23 been reached, except in professional championship contests and
24 exhibitions.
25 § 718. Knockouts.
26 (a) Count by referee.--When a boxer is knocked out, the
27 referee shall count to ten unless, in the judgment of the
28 referee, the boxer is in immediate physical danger, in which
29 case the referee may stop the count earlier. If the boxer has
30 not risen from the ring floor before the referee stops the
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1 count, the result shall be recorded as a knockout.
2 (b) Physician.--When a boxer has been knocked out, no one
3 shall touch him, except to remove his mouth protector, until
4 after the attending physician has entered the ring and issued
5 such instructions as he deems necessary.
6 § 719. Duty of disclosure.
7 Every licensee shall, immediately after learning thereof,
8 disclose to the executive director or his designee, or to the
9 official in charge or the attending physician or referee if one
10 of these persons is in attendance at any contest or exhibition,
11 all knowledge or information in his possession concerning any
12 mental or physical disability, injury, illness or incapacity of
13 any boxer.
14 § 720. Sham or collusive contest prohibited.
15 (a) General rule.--No licensee or other person shall
16 knowingly conduct, give, participate in or be in any way
17 connected with any sham or collusive boxing contest.
18 (b) Reports.--Any licensee who knows or has reason to
19 suspect that a boxing contest is, was or is going to be a sham
20 or collusive contest shall have a duty to promptly report this
21 to the executive director or his designee. Such a report shall
22 be in writing or, if oral, shall be reduced to writing and shall
23 contain all of the reporter's reasons for the conclusions set
24 forth in his report.
25 (c) Penalty.--A violation of this section shall constitute a
26 misdemeanor of the third degree.
27 (d) Definition.--As used in this section, the term "sham or
28 collusive contest" means an engagement that is promoted or
29 advertised as a true contest, but in which one or both of the
30 participants does not use his best efforts and skill or does not
19910H1174B2787 - 22 -
1 strive earnestly in good faith to win. The term includes, but is
2 not limited to, any pseudocontest, the result of which has been
3 prearranged, or any pseudocontest in which either participant
4 does not, is not going to or is unable to use or is prevented
5 from using his best efforts and skill as a result of coercion,
6 reward or promise thereof, physical incapacity or disability,
7 suggestion or agreement, or any other improper or unlawful
8 means.
9 CHAPTER 9
10 LICENSES AND PERMITS
11 Sec.
12 901. Power of commission to issue, withhold, suspend or revoke
13 licenses and permits.
14 902. Promoters' licenses.
15 903. Representative managers' licenses.
16 904. Foreign copromoters to procure permits.
17 905. Other licenses required.
18 906. Program permits.
19 907. Amateur events.
20 908. Prohibited interests.
21 909. Local prohibitions.
22 910. Standards for issuance of licenses and permits.
23 911. Duration of license.
24 912. Applications for licenses and permits.
25 913. Oral examinations.
26 914. License fees.
27 915. Permit fees.
28 916. Gross receipts taxes.
29 917. Application and fees.
30 § 901. Power of commission to issue, withhold, suspend or
19910H1174B2787 - 23 -
1 revoke licenses and permits.
2 The commission is hereby granted sole control, authority and
3 jurisdiction to issue, withhold, suspend or revoke any license
4 or permit provided for under this subpart.
5 § 902. Promoters' licenses.
6 No promoter shall, directly or indirectly, conduct, hold or
7 promote any professional contest or exhibition unless he has
8 first procured a promoter's license from the commission. The
9 commission may issue an order prohibiting a promoter from acting
10 in violation of this section. If it is determined the respondent
11 has engaged in the promotion of any professional contest or
12 exhibition without having first obtained a promoter's license
13 from the commission, the court, on petition by the commission,
14 shall enjoin him from such activities unless and until he has
15 been duly licensed. The procedure in such cases shall be the
16 same as in any other injunction suit. The remedies under this
17 section are in addition to any other remedies under this part.
18 § 903. Representative managers' licenses.
19 (a) General rule.--Before acting as such, every
20 representative manager shall procure a manager's license. He
21 shall file with the department the name of each boxer whom he
22 represents, together with a written consent from each boxer and
23 his manager authorizing him to transact business for the manager
24 or boxer or to act as or for the manager of the boxer.
25 (b) Presumption.--Every person other than the manager of a
26 professional boxer who performs any of the acts usually
27 performed by the manager or who aids, assists or substitutes for
28 the manager or who uses a licensed manager to conceal his own
29 actions as a manager shall be considered a representative
30 manager.
19910H1174B2787 - 24 -
1 (c) Penalty.--A violation of this section may subject the
2 manager to suspension of not less than 30 days or revocation of
3 his license, at the discretion of the commission, pursuant to
4 section 1304 (relating to suspension or revocation of licenses
5 or permits).
6 § 904. Foreign copromoters to procure permits.
7 (a) General rule.--No foreign copromoter shall directly or
8 indirectly participate in the promotion of or receive any
9 remuneration from or render any services in connection with any
10 professional contest or exhibition held within this Commonwealth
11 unless he has first been granted a permit therefor by the
12 commission. No promoter shall be associated with any foreign
13 copromoter in promoting any contest or exhibition unless the
14 foreign copromoter has first secured a permit. A foreign
15 copromoter by accepting a permit agrees to be subject to all the
16 provisions of this subpart and the rules and regulations
17 promulgated under this subpart.
18 (b) Penalty.--A violation of this section may subject the
19 promoter or foreign copromoter, or both, to suspension of not
20 less than 30 days or revocation of his license or permit, at the
21 discretion of the commission, pursuant to section 1304 (relating
22 to suspension or revocation of licenses or permits).
23 § 905. Other licenses required.
24 (a) General rule.--A professional boxer, manager, second,
25 trainer, matchmaker, timekeeper, referee, judge, announcer,
26 physician, booking agent or agency or representative of a
27 booking agent or agency shall not directly or indirectly act in
28 such capacity in connection with any professional contest or
29 exhibition unless he has first procured from the commission a
30 license to act in that capacity.
19910H1174B2787 - 25 -
1 (b) Penalty.--A violation of this section may subject the
2 person required to procure the license to suspension of not less
3 than 30 days or revocation of or refusal to issue the license,
4 at the discretion of the commission, pursuant to section 1304
5 (relating to suspension or revocation of licenses or permits).
6 § 906. Program permits.
7 In addition to the promoter's license, each promoter shall be
8 required to procure a permit from the commission for each
9 program of contests or exhibitions before presenting that
10 program. Each application for a permit shall specify the
11 premises where and time when the program is to be held.
12 § 907. Amateur events.
13 (a) General rule.--Except as otherwise provided in this
14 subpart, no amateur contest or exhibition shall be held without
15 a permit having been first secured by the sponsor from the
16 commission for the event. Subject to subsection (d), amateur
17 contests or exhibitions shall be held in accordance with this
18 subpart and the rules and regulations promulgated under this
19 subpart.
20 (b) Eligibility.--Permits for amateur boxing contests or
21 exhibitions shall be issued only to bona fide recognized amateur
22 athletic associations, nonprofit organizations or other groups
23 or individuals approved by the commission.
24 (c) Permit fee.--The fee for the issuance of a permit for
25 each program of amateur contests or exhibitions shall be fixed
26 by commission regulation.
27 (d) Rules.--With the written approval of the commission,
28 amateur contests or exhibitions may be held in accordance with
29 the rules of the amateur body sanctioning the event.
30 § 908. Prohibited interests.
19910H1174B2787 - 26 -
1 An officer, director, stockholder or employee of a licensed
2 promoter shall not have any other interest in any professional
3 boxer or professional contests or exhibitions except as a
4 matchmaker.
5 § 909. Local prohibitions.
6 No permit shall be issued for the holding of any boxing
7 contest or exhibition within any political subdivision of this
8 Commonwealth which has adopted any local ordinance or resolution
9 prohibiting such contests or exhibitions within its limits.
10 § 910. Standards for issuance of licenses and permits.
11 (a) General rule.--In determining whether to issue or renew
12 any license or permit, the commission shall consider the best
13 interest and welfare of the public, the preservation of the
14 safety and health of participants and the best interests of
15 boxing generally.
16 (b) Prerequisites.--Before being granted any permit or
17 license, the applicant must establish that he is:
18 (1) Of good moral character.
19 (2) Of good reputation.
20 (3) Physically fit and mentally sound.
21 (4) Skilled in his profession.
22 (5) Of requisite age and experience.
23 (6) Not addicted to the intemperate use of alcohol or to
24 the use of narcotic drugs.
25 In the case of a corporate applicant, these factors shall be
26 considered with reference to its officers, directors, employees
27 and principal stockholders.
28 § 911. Duration of license.
29 Each license issued under this subpart shall expire on
30 December 31 next following the date on which it was issued.
19910H1174B2787 - 27 -
1 § 912. Applications for licenses and permits.
2 Every application for a license or a permit shall:
3 (1) Be in writing on a form supplied by the commission.
4 (2) Be verified by the applicant.
5 (3) Set forth such information and have attached thereto
6 such photographs and other exhibits as are required by this
7 subpart, the rules and regulations promulgated under this
8 subpart and the form of application.
9 § 913. Oral examinations.
10 The commission may require any applicant for a license or
11 permit or, in the case of a corporate applicant, any officer,
12 director, employee or stockholder thereof to appear before the
13 commission for an oral examination, under oath, as to
14 qualifications of the applicant before taking action on that
15 application.
16 § 914. License fees.
17 The annual license fees which shall accompany each
18 application for a license or the renewal of a license shall be
19 fixed by commission regulation.
20 § 915. Permit fees.
21 (a) General rule.--The required fees, based upon the seating
22 capacity of the premises where the program is to be presented,
23 shall accompany each application for a permit to present a
24 program of contests or exhibitions. The amount of the fee shall
25 be fixed by commission regulation.
26 (b) Foreign copromoter permit.--The fee for the issuance of
27 a foreign copromoter's permit for each program of contests or
28 exhibitions shall be fixed by commission regulation.
29 § 916. Gross receipts taxes.
30 (a) Gate receipts and broadcast rights.--In addition to the
19910H1174B2787 - 28 -
1 payment of any other fees and moneys due under this subpart, a
2 promoter or sponsor shall pay a tax of 5% of the gross receipts
3 of every contest or exhibition held in this Commonwealth and <--
4 the. THE gross price paid to the promoters or sponsors for the <--
5 sale, lease or other exploitation of broadcasting, television
6 and motion picture rights of the contest or exhibition SHALL BE <--
7 SUBJECT TO A GROSS RECEIPTS TAX ON A SLIDING SCALE, NOT TO
8 EXCEED 5%. THE TAX LEVIED UNDER THIS SECTION SHALL BE FIXED BY
9 COMMISSION REGULATION WITHIN 12 MONTHS OF THE IMPLEMENTATION OF
10 THIS SUBSECTION.
11 (b) Telecasts.--Any person who charges or receives an
12 admission fee for a contest on a closed-circuit telecast that
13 takes place in this Commonwealth shall pay a tax of 3% of the
14 person's gross receipts attributable to the fees. The tax under
15 this subsection shall apply whether or not the telecast
16 originates in this Commonwealth.
17 (c) Payment.--Payment of the gross receipts tax provided for
18 in this section shall be made within 48 hours after the contest
19 or exhibition if the tax is payable under subsection (a) or
20 within ten days if the tax is payable under subsection (b). The
21 payment shall be accompanied by a form prescribed by the
22 commission setting forth the gross receipts received from the
23 contest or exhibition. The form shall require the taxpayer to
24 state the amount of gross receipts, the number of tickets sold
25 and such other information as the commission may require. In the
26 case of a live contest or exhibition or a closed-circuit
27 telecast, payment shall be accompanied by a verified statement
28 by the ticket printer setting forth the number of tickets
29 printed for use at the contest or exhibition.
30 (d) Penalties.--
19910H1174B2787 - 29 -
1 (1) A person who intentionally makes a false report
2 under this section commits perjury and shall, upon
3 conviction, be subject to punishment under 18 Pa.C.S. § 4902
4 (relating to perjury). The penalty shall be in addition to
5 any other penalties imposed under this subpart.
6 (2) A person who intentionally fails, neglects or
7 refuses to file the form or pay the tax as prescribed in this
8 section, or who refuses to permit the department to examine
9 the books, papers and records pertaining to an event taxable
10 under this section, commits a misdemeanor of the third
11 degree, and shall, in addition, be subject to suspension or
12 loss of license or a civil penalty at the discretion of the
13 commission.
14 (e) Gross receipts.--Gross receipts shall be calculated
15 without any deductions for commissions, brokerage fees,
16 distribution fees, advertising or other expenses or charges in
17 respect thereto, except that Federal taxes and taxes imposed by
18 a political subdivision may be deducted. Notwithstanding section
19 3 of the act of December 31, 1965 (P.L.1257, No.511), known as
20 The Local Tax Enabling Act, the tax levied under this subsection
21 does not vacate ordinances or resolutions passed under the
22 authority of that act. In the case of a live contest or
23 exhibition taxable under subsection (a), gross receipts includes
24 the face value of all tickets sold and complimentary tickets
25 issued. In the case of a closed-circuit telecast taxable under
26 subsection (b), gross receipts includes the face amount of all
27 tickets sold without allocation for any other event included in
28 the admission price.
29 § 917. Application and fees.
30 An application for a permit or license shall be verified and
19910H1174B2787 - 30 -
1 shall be accompanied by a nonrefundable application fee in an
2 amount established by the commission by regulation, which fee
3 shall be subject to review in accordance with the act of June
4 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
5 If the revenues generated by fees and civil penalties imposed
6 pursuant to this subpart are not sufficient to match
7 expenditures over a two-year period, the commission shall adjust
8 those fees by regulation, subject to review in accordance with
9 the Regulatory Review Act, such that the projected revenues will
10 meet or exceed projected expenditures. If the department
11 determines that fees and civil penalties established by the
12 commission are inadequate to meet the costs of minimum
13 enforcement efforts required by this subpart, then the
14 department, after consultation with the commission, shall adjust
15 the fees or civil penalties or both by regulation, subject to
16 review in accordance with the Regulatory Review Act, such that
17 adequate revenues are raised to meet those costs.
18 CHAPTER 11
19 PROMOTION OF CONTESTS AND EXHIBITIONS
20 Subchapter
21 A. Contracts
22 B. Tickets and Advertising
23 C. Admission to Events
24 D. Bonds
25 SUBCHAPTER A
26 CONTRACTS
27 Sec.
28 1101. Commission control of contracts.
29 1102. Notice clause.
30 1103. Provisions in contracts between managers and
19910H1174B2787 - 31 -
1 professional boxers.
2 1104. Approval of contracts.
3 § 1101. Commission control of contracts.
4 The commission, with the approval of the department, shall
5 promulgate rules and regulations governing the form and content
6 of all contracts entered into between or among promoters and
7 foreign copromoters and professional boxers and managers and
8 all contracts between managers and professional boxers. All
9 contracts required under this subpart shall be in writing.
10 § 1102. Notice clause.
11 Every contract subject to the provisions of this subpart
12 shall contain the following clause:
13 This agreement is subject to the provisions of the Boxing
14 Act of the Commonwealth of Pennsylvania and to the rules
15 and regulations of the State Athletic Commission of
16 Pennsylvania, and to any future amendments of either of
17 them.
18 § 1103. Provisions in contracts between managers and
19 professional boxers.
20 (a) General provisions.--Every contract between a manager
21 and a professional boxer shall contain provisions governing its
22 duration, division of the boxer's purses and the minimum sum to
23 be guaranteed annually to the boxer by the manager.
24 (b) Termination of contract.--Each contract shall further
25 provide that the contract shall be automatically terminated if
26 the license of either party is revoked by the commission or if
27 the manager fails to renew his license within 30 days after its
28 expiration. If the license of either party is suspended, the
29 contract shall not be binding upon the other party during the
30 period of the suspension.
19910H1174B2787 - 32 -
1 § 1104. Approval of contracts.
2 No contract between a manager and a professional boxer shall
3 be legally valid until both parties to the contract appear
4 before the commission and have received its approval, which
5 shall be endorsed on the contract.
6 SUBCHAPTER B
7 TICKETS AND ADVERTISING
8 Sec.
9 1111. Tickets.
10 1112. Penalty for destroying tickets.
11 1113. Ticket refunds.
12 1114. Advertising matter to state admission price.
13 § 1111. Tickets.
14 (a) Scheduled date and price.--Every ticket of admission to
15 a contest or exhibition shall clearly show on its face the
16 scheduled date of the contest or exhibition and its purchase
17 price, including any taxes thereon.
18 (b) Price limitation.--No ticket shall be sold by any
19 promoter or foreign copromoter for more than the price printed
20 thereon.
21 (c) Antiscalping provision.--No other person shall sell any
22 ticket for more than 50¢ in excess of the price printed on the
23 ticket. No licensee shall directly or indirectly receive any
24 part of any excess price.
25 (d) Numbering of tickets.--Tickets in each price range shall
26 be consecutively numbered, and the number of each ticket shall
27 be clearly printed on both the stub and main portion of the
28 ticket.
29 (e) Schedule of tickets.--A schedule of the numbers of all
30 tickets in each price range shall be furnished to the
19910H1174B2787 - 33 -
1 commission.
2 § 1112. Penalty for destroying tickets.
3 Except upon receipt of prior written authorization from the
4 department, it shall be a misdemeanor of the second degree for
5 any promoter or person associated with or employed by any
6 promoter to destroy any ticket or ticket stub, whether sold or
7 unsold, within six months after the date of any contest or
8 exhibition.
9 § 1113. Ticket refunds.
10 (a) Full refund.--Upon postponement or cancellation of the
11 main event or the entire program of contests or exhibitions, the
12 promoter shall refund the full purchase price of each ticket to
13 any person who presents the entire ticket for a refund within
14 ten days after the scheduled date of the event. The promoter
15 shall announce the postponement or cancellation at the beginning
16 of the program and at other times during the event as the
17 commission shall prescribe and shall notify the ticketholders in
18 each announcement that they may present their ticket stubs for a
19 refund of the purchase price during the program. The commission
20 may require that written notice of the cancellation or
21 postponement and the right to refund be posted at the site of
22 the event in such manner as it may prescribe. After the event
23 has concluded, a promoter who has complied with this subsection
24 need not refund the purchase price upon presentation of a ticket
25 stub.
26 (b) Forfeiture of security.--Failure of any promoter or
27 foreign copromoter to comply with the provisions of subsection
28 (a) shall be sufficient cause to warrant a forfeiture of his
29 bond or other security and an imposition of a penalty or
30 suspension or revocation of his license by the department as
19910H1174B2787 - 34 -
1 provided under section 1304 (relating to suspension or
2 revocation of licenses or permits) or 1305 (relating to civil
3 penalties).
4 (c) Pro rata refunds.--From the fund produced by the
5 forfeiture, pro rata refunds shall be made by the department to
6 persons who purchased tickets, in accordance with subsection
7 (a).
8 § 1114. Advertising matter to state admission price.
9 Each showcard, bill, poster, newspaper or other advertisement
10 of any contest or exhibition shall contain a schedule of
11 admission prices and a conspicuous statement of whether a
12 contest or exhibition is being presented. Failure to comply with
13 the provisions of this section shall constitute grounds for the
14 suspension or revocation of the promoter's license.
15 SUBCHAPTER C
16 ADMISSION TO EVENTS
17 Sec.
18 1121. Admissions not to exceed seating capacity.
19 1122. Age of spectators.
20 § 1121. Admissions not to exceed seating capacity.
21 It shall be a misdemeanor of the third degree for any
22 promoter to admit to any contest or exhibition more persons than
23 there are seats in the place where the contest or exhibition is
24 being held.
25 § 1122. Age of spectators.
26 No minor 16 years of age or under shall be permitted to
27 attend any contest or exhibition unless accompanied by an adult.
28 SUBCHAPTER D
29 BONDS
30 Sec.
19910H1174B2787 - 35 -
1 1131. Promoters and foreign copromoters required to file bonds.
2 1132. Deposit in lieu of surety bond.
3 1133. Filing fee.
4 1134. Recovery on bond.
5 § 1131. Promoters and foreign copromoters required to file
6 bonds.
7 (a) General rule.--Before any license or renewal of a
8 license is issued to a promoter and before any permit is issued
9 to a foreign copromoter, he shall be required to execute and
10 file a surety bond with the department in such reasonable
11 amount, but not less than $3,000, as the department shall
12 determine.
13 (b) Form of bond.--All bonds shall be upon forms supplied by
14 the department, which shall have first adopted them with the
15 approval of the Office of Attorney General.
16 (c) Approval of sureties.--The sufficiency of the sureties
17 shall be subject to approval of the department and the Office of
18 Attorney General.
19 (d) Conditions.--The surety bond shall be conditioned upon
20 the faithful performance by the promoter or foreign copromoter
21 of his obligations under this subpart and the rules and
22 regulations promulgated pursuant to this subpart, including, but
23 not limited to, the fulfillment of his contractual obligations
24 to contestants, managers and other licensees, and the payment of
25 all license and permit fees provided for in this subpart. The
26 aggregate annual liability of the surety for all obligations and
27 fees shall not exceed the amount of the bond.
28 § 1132. Deposit in lieu of surety bond.
29 In lieu of the surety bond required by section 1131 (relating
30 to promoters and foreign copromoters required to file bonds),
19910H1174B2787 - 36 -
1 the promoter may deposit with the department cash, a certified
2 check, letter of credit or direct obligations of the United
3 States or the Commonwealth of Pennsylvania acceptable to the
4 department, in an equivalent amount and subject to the same
5 conditions. The security shall not be returned to the promoter
6 until one year after the date on which it was deposited with the
7 department, unless a surety bond is substituted for the
8 security. Upon the expiration of one year from the date on which
9 the security was deposited, it shall be returned to the
10 depositor if no claim against the deposit is outstanding.
11 § 1133. Filing fee.
12 A filing fee fixed by the commission shall accompany each
13 bond filed or cash or security deposited in lieu of the bond
14 under this subchapter.
15 § 1134. Recovery on bond.
16 Recovery may be had on the bond or against the deposit of
17 cash or security in the same manner as penalties are recoverable
18 at law.
19 CHAPTER 13
20 ENFORCEMENT
21 Sec.
22 1301. Commission hearings.
23 1302. Subpoenas.
24 1303. Preliminary suspension of licenses or permits.
25 1304. Suspension or revocation of licenses or permits.
26 1305. Civil penalties.
27 § 1301. Commission hearings.
28 The commission shall conduct all hearings under the
29 provisions of Title 2 (relating to administrative law and
30 procedure). The commission shall conduct a hearing within ten
19910H1174B2787 - 37 -
1 business days from the time any recommendation is made by the
2 executive director that a permit or license be suspended or
3 revoked.
4 § 1302. Subpoenas.
5 The commission may issue subpoenas in connection with the
6 investigation, requiring the attendance and testimony of or the
7 production of books and papers by any licensee or other person
8 whom the commission believes to have information, books or
9 papers of importance to it in making the investigation.
10 § 1303. Preliminary suspension of licenses or permits.
11 (a) General rule.--The commission may, upon its own motion
12 or upon the verified written complaint of any person charging a
13 licensee or permittee with violating any provision of this
14 subpart or the rules and regulations promulgated under this
15 subpart, order the preliminary suspension of any license or
16 permit until adjudication by the commission, if such action is
17 necessary to prevent immediate or irreparable harm to the public
18 welfare or to protect the health and safety of a boxer.
19 (b) Meetings.--Upon the oral or written agreement of two
20 members of the commission, the commission may conduct meetings
21 under subsection (a) by voice or video electronic means, if the
22 subject matter of the meeting is so compelling or timely that
23 considering the matter at the commission's next regular meeting
24 would render any decision moot, adversely affect the rights of
25 the aggrieved parties under this subpart or threaten the safety
26 or physical health of participants. A stenographic record of
27 such meetings shall be made and maintained by the commission and
28 be made available to the parties upon request. The subject
29 matter of any such meeting shall then become the first item on
30 the commission's agenda for its next regularly scheduled
19910H1174B2787 - 38 -
1 meeting.
2 (c) Hearing date.--The commission shall hold a hearing
3 within ten business days after the date on which the license or
4 permit was suspended preliminarily, at which time reasonable
5 efforts shall be made for the affected parties and the
6 commission to be physically present.
7 § 1304. Suspension or revocation of licenses or permits.
8 (a) General rule.--The commission may suspend or revoke a
9 license or permit in any case where the commission finds that
10 the licensee or permittee:
11 (1) Is guilty of gross immorality.
12 (2) Is unfit or incompetent by reason of negligence or
13 habits.
14 (3) Is guilty of violating any provision of this subpart
15 or of the rules and regulations promulgated under this
16 subpart.
17 (4) Has committed fraud or deceit in securing his or
18 another's license or permit.
19 (5) Has been convicted of, or pleaded guilty or entered
20 a plea of nolo contendere to, or has been found guilty by a
21 judge or jury of, a crime in any jurisdiction within ten
22 years preceding the suspension or revocation.
23 (6) Is an habitual drunkard or is addicted to the use of
24 morphine, cocaine or other drugs having a similar effect.
25 (7) Is or has become mentally incompetent.
26 (8) Has been guilty of unprofessional or unethical
27 conduct or such conduct as to require a suspension or
28 revocation in the public interest.
29 (9) Has made a misstatement of a material fact or
30 fraudulently concealed a material fact or has induced, aided
19910H1174B2787 - 39 -
1 or abetted any other person in misstating or concealing any
2 material fact in any application or other proceeding under
3 this subpart.
4 (10) Has failed to account for or pay over moneys
5 belonging to others which have come into his possession in
6 connection with a contest or exhibition.
7 (11) Has failed to furnish to the proper party a copy of
8 any contract or statement required by this subpart or the
9 rules and regulations promulgated under this subpart, or has
10 breached such a contract.
11 (12) Has paid or agreed to pay any money or article of
12 value to any person not having a license or a permit for
13 soliciting or for business secured or for rendering of any
14 service or the doing of any of the acts forbidden by this
15 subpart and the rules and regulations promulgated under this
16 subpart.
17 (13) Has loaned his license or permit to another person
18 or has borrowed or used the license or permit of another.
19 (14) Is guilty of any form of pretense which might
20 induce the public or citizens to become a prey to
21 professional exploitation.
22 (15) Has employed a person who has not been issued a
23 license or permit when so required by law.
24 (16) Has failed to maintain in force the bond required
25 by this subpart or has failed to forward a deposit in lieu of
26 the bond.
27 (17) Has by act or omission conducted himself in a
28 manner detrimental to the best interests of boxing generally
29 or to the public interest and general welfare.
30 (18) Is associating or consorting with criminals,
19910H1174B2787 - 40 -
1 bookmakers, gamblers or persons of similar ill repute, or
2 with persons of no known or visible means of livelihood, or
3 is himself engaged or engaging in similar pursuits or
4 conduct.
5 (19) Has been disciplined in any manner by the
6 commission or similar agency or body of any jurisdiction.
7 (20) Has failed to pay a fine or any part thereof
8 imposed pursuant to this subpart.
9 (21) Is or may be at risk of serious physical impairment
10 if allowed to participate in boxing engagements. The
11 commission may investigate the mental or physical fitness of
12 a licensee to participate in contests or exhibitions at any
13 time. This paragraph only applies to licensees or permittees
14 who are boxers.
15 (b) Hearings.--Any licensee or permittee whose license or
16 permit is suspended or revoked pursuant to this section shall
17 have a right to a hearing before the commission within ten
18 business days after the date on which the license or permit is
19 suspended or revoked.
20 § 1305. Civil penalties.
21 The commission may impose a civil penalty of not more than
22 $5,000 for any violation of any provision of this subpart, other
23 than section 1701 (relating to prohibited competitions), or the
24 rules and regulations promulgated under those provisions, in
25 addition to any other punishment provided under this subpart for
26 the violation. Any licensee or permittee upon whom a civil
27 penalty is imposed under this section shall have a right to a
28 hearing before the commission within ten days after notice of
29 the commission's intent to impose the penalty is received.
30 CHAPTER 15
19910H1174B2787 - 41 -
1 FINANCIAL PROVISIONS
2 Subchapter
3 A. Financial Interests
4 B. Commission Receipts
5 C. Purses
6 D. Insurance
7 SUBCHAPTER A
8 FINANCIAL INTERESTS
9 Sec.
10 1501. Financial interest in boxer prohibited.
11 1502. Financial interest in opponent prohibited.
12 1503. Financial interest of matchmaker.
13 § 1501. Financial interest in boxer prohibited.
14 No commission member or employee or physician, referee or
15 judge licensed under this subpart, shall have any direct or
16 indirect financial or pecuniary interest in any boxer. A
17 violation of this section shall constitute a misdemeanor of the
18 third degree.
19 § 1502. Financial interest in opponent prohibited.
20 No manager, trainer or second of any boxer shall have any
21 direct or indirect financial or pecuniary interest in the
22 opponent in any contest in which his own boxer participates. No
23 boxer shall have any direct or indirect financial or pecuniary
24 interest in his opponent in any contest. A violation of this
25 section shall constitute a misdemeanor of the third degree.
26 § 1503. Financial interest of matchmaker.
27 No matchmaker shall have any direct or indirect financial or
28 pecuniary interest in any boxer who is engaging in a contest
29 arranged by that matchmaker. A violation of this section shall
30 constitute a misdemeanor of the third degree.
19910H1174B2787 - 42 -
1 SUBCHAPTER B
2 COMMISSION RECEIPTS
3 Sec.
4 1511. Disposition of commission receipts.
5 1512. Athletic Commission Augmentation Account.
6 § 1511. Disposition of commission receipts.
7 All fees, taxes, civil penalties, forfeitures and other
8 moneys collected under the provisions of this subpart and the
9 rules and regulations promulgated under this subpart shall be
10 collected by the commission and transmitted to the Department of
11 Revenue.
12 § 1512. Athletic Commission Augmentation Account.
13 All funds collected by the commission shall be paid into the
14 Athletic Commission Augmentation Account, which shall be a
15 special restricted receipts account within the General Fund.
16 This account shall be used only for the support and operation of
17 the commission unless a surplus arises after two consecutive
18 years, at which time the secretary shall transfer any amount in
19 excess of the commission's budget into the General Fund.
20 SUBCHAPTER C
21 PURSES
22 Sec.
23 1521. Minimum purses for boxers.
24 1522. Distribution of purses to boxers.
25 1523. Withholding of purses.
26 1524. Hearing regarding withheld purse.
27 1525. Disposition of withheld purse.
28 1526. Advances against purses.
29 § 1521. Minimum purses for boxers.
30 No purse less than $50 shall be paid by the promoter to any
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1 professional boxer for any contest or exhibition, other than a
2 training exhibition.
3 § 1522. Distribution of purses to boxers.
4 (a) Promoter distribution.--Unless otherwise directed by the
5 commission or an authorized agent of the commission, all boxing
6 purses shall be distributed by the promoter immediately after
7 the conclusion of the contest or exhibition and, in any event,
8 not later than 24 hours after the conclusion. A written
9 statement showing the distribution of the purse, including each
10 item of receipt and each expenditure or deduction, shall be
11 furnished to the boxer and his manager, together with his share
12 of the purse. A copy of the statement, certified by the promoter
13 to be true and correct, shall be filed in the office of the
14 executive director and shall have attached to it receipted
15 vouchers for every expenditure or deduction.
16 (b) Manager distribution.--Unless otherwise directed by the
17 commission or an authorized agent of the commission, every
18 manager shall furnish a statement of distribution to the boxer
19 he manages, together with the boxer's share of the purse,
20 immediately after he receives the purse and statement from the
21 promoter and, in any event, not later than 24 hours after
22 receipt. A copy thereof, certified by the manager to be true and
23 correct, shall be filed in the office of the executive director
24 and shall have attached to it receipted vouchers for every
25 expenditure or deduction made by the manager.
26 § 1523. Withholding of purses.
27 (a) General rule.--The commission may order the promoter to
28 withhold any purse, or any part thereof, or any receipts or
29 other funds belonging to or payable to any contestant or for
30 which any contestant is competing, or any manager's share
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1 thereof, if it appears that the contestant is not competing
2 honestly or is intentionally not competing to the best of his
3 ability and skill, or if it appears that the contestant, his
4 manager or any of his seconds has violated any provision of this
5 subpart or the rules and regulations promulgated under this
6 subpart.
7 (b) Escrow.--The commission may order that the gross
8 receipts shall be withheld and placed in escrow if it appears
9 that this subpart has been violated.
10 § 1524. Hearing regarding withheld purse.
11 (a) Delivery to commission.--Any purse or portion thereof
12 withheld under section 1523 (relating to withholding of purses)
13 shall be delivered by the promoter to the commission within 48
14 hours after the end of the contest.
15 (b) Request for hearing.--Within ten days after the end of
16 the contest, the licensee from whom the sum was withheld may
17 apply in writing to the commission for a hearing. Upon receipt
18 of the application, the commission shall fix a date for a
19 hearing.
20 § 1525. Disposition of withheld purse.
21 (a) General rule.--Within a reasonable time after the
22 hearing or after the expiration of ten days following the
23 contest, if no application for a hearing is filed, the
24 commission shall determine the disposition to be made of the
25 withheld purse.
26 (b) Withholding.--If the commission finds the charges upon
27 which the withholding order was based to be true and to be
28 sufficient lawful reason upon which to base such an order, it
29 may declare the funds, or any part thereof, withheld or
30 forfeited.
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1 (c) Distribution.--If the commission finds the charge or
2 charges to be untrue or not to be sufficient lawful reason upon
3 which to base a withholding order, it shall distribute the
4 withheld funds to the persons entitled thereto.
5 § 1526. Advances against purses.
6 (a) General rule.--No promoter or foreign copromoter shall
7 pay, lend or give any money to a contestant before any contest
8 as an advance against his purse or for a similar purpose. A
9 promoter may, with the prior written permission of the
10 commission, pay or advance to a contestant necessary expenses
11 for transportation and maintenance in preparation for a contest.
12 (b) Forfeiture of purse.--If a contestant's purse is
13 forfeited, the commission may include such payments or advances
14 as part of the forfeiture, and, if he does not forward that
15 amount to the department, it may be recovered in the same manner
16 as a debt due the Commonwealth.
17 SUBCHAPTER D
18 INSURANCE
19 Sec.
20 1531. Insurance coverage of boxers.
21 § 1531. Insurance coverage of boxers.
22 The commission may promulgate rules and regulations requiring
23 licensed boxers to be covered by insurance for:
24 (1) Medical, surgical and hospital care resulting from
25 injuries sustained while preparing for or engaged in boxing
26 contests or exhibitions with the insured being the
27 beneficiary of the policies.
28 (2) Life, providing for payments to the estates or
29 beneficiaries of deceased boxers where death was caused by
30 injuries received while preparing for or engaged in contests
19910H1174B2787 - 46 -
1 or exhibitions.
2 The premiums for this insurance shall be paid by the insured's
3 manager.
4 CHAPTER 17
5 MISCELLANEOUS PROVISIONS
6 Sec.
7 1701. Prohibited competitions.
8 § 1701. Prohibited competitions.
9 (a) Offense defined.--A person commits a misdemeanor of the
10 first degree if he promotes, sponsors or participates in any
11 manner in the staging of, or the conduct of, any tough guy
12 contest.
13 (b) Application of section.--This section shall not apply
14 to:
15 (1) News media, including, but not limited to,
16 television, radio, newspapers and periodicals for their
17 reporting activities relating to any tough guy contest.
18 (2) Amateur or professional contests or exhibitions for
19 which a permit has been issued under Chapter 9 (relating to
20 licenses and permits).
21 (3) Professional wrestling exhibitions.
22 (4) Contests staged in connection with athletic training
23 programs.
24 (5) Amateur or professional martial arts contests.
25 (6) Collegiate or scholastic boxing, wrestling or
26 martial arts contests.
27 (7) Professional or amateur wrestling contests not
28 prohibited by the commission under Subpart C (relating to
29 wrestling).
30 (c) Definition.--As used in this section, the term "tough
19910H1174B2787 - 47 -
1 guy contest" means any competition which involves any physical
2 contact bout between two or more individuals who attempt to
3 knock out the opponent by employing boxing, wrestling, martial
4 arts tactics, kicking, choking or other techniques or any
5 combination thereof.
6 SUBPART C
7 WRESTLING
8 Chapter
9 19. Preliminary Provisions
10 21. Regulation of Professional Wrestling Contests and
11 Exhibitions
12 CHAPTER 19
13 PRELIMINARY PROVISIONS
14 Sec.
15 1901. Short title of subpart.
16 1902. Definitions.
17 1903. Applicability of subpart.
18 § 1901. Short title of subpart.
19 This subpart shall be known and may be cited as the Wrestling
20 Act.
21 § 1902. Definitions.
22 Subject to additional definitions contained in subsequent
23 provisions of this subpart which are applicable to specific
24 provisions of this subpart, the following words and phrases when
25 used in this subpart shall have the meanings given to them in
26 this section unless the context clearly indicates otherwise:
27 "Promoter." Any person and, in the case of a corporation, an
28 officer, director, employee or shareholder thereof who produces,
29 arranges or stages any professional wrestling exhibition.
30 "Wrestling contest." A wrestling engagement in which the
19910H1174B2787 - 48 -
1 wrestlers strive earnestly in good faith to win.
2 "Wrestling event." One or more wrestling exhibitions
3 conducted at the same location on the same day.
4 "Wrestling exhibition." An engagement in which the
5 participants display their skills in a struggle against each
6 other in the ring, with or without the use of accessories,
7 without necessarily striving to win, provided that contests
8 prohibited by law shall not be considered exhibitions.
9 § 1903. Applicability of subpart.
10 This subpart shall not apply to any amateur or professional
11 wrestling contest or exhibition held solely as a training event
12 for the Olympic Games and certified as such an event by the
13 commission.
14 CHAPTER 21
15 REGULATION OF PROFESSIONAL WRESTLING CONTESTS
16 AND EXHIBITIONS
17 Sec.
18 2101. Promoter's license.
19 2102. Promoter's bonding requirements.
20 2103. Gross receipts taxes.
21 2104. Physician to be in attendance.
22 2105. Ambulance available.
23 2106. Crowd control.
24 2107. Prohibited acts.
25 2108. Enforcement.
26 2109. Penalties.
27 2110. Disposition of commission receipts.
28 § 2101. Promoter's license.
29 (a) Required.--No promoter shall conduct, hold or promote
30 any professional wrestling contest or exhibition unless the
19910H1174B2787 - 49 -
1 promoter has first obtained a promoter's license from the
2 commission. A promoter licensed under the act of July 1, 1989
3 (P.L.160, No.29), known as the Professional Wrestling Act,
4 including a promoter deemed licensed under section 3(a) of that
5 act, shall be deemed licensed under this subpart, unless the
6 commission has suspended or revoked the license or the license
7 has expired. A promoter's license shall be issued by the
8 commission upon the filing by an applicant of the following:
9 (1) A license fee of $100.
10 (2) A surety bond as required under section 2102
11 (relating to promoter's bonding requirements).
12 (3) An application form stating the name, address, phone
13 number, taxpayer identification number and nature of the
14 entity applying for the license.
15 (b) Prohibition.--The commission shall not issue or renew a
16 promoter's license to a person who has been convicted of or
17 pleaded guilty or nolo contendere to any of the following
18 offenses during the ten years preceding the application date:
19 (1) Bribery.
20 (2) Corrupt solicitation.
21 (3) Extortion.
22 (4) Perjury or subornation of perjury.
23 (5) Carrying a deadly weapon.
24 (6) Any offense set forth in 18 Pa.C.S. Ch. 43 Subch. A
25 (relating to definition of offenses generally), 55 (relating
26 to riot, disorderly conduct and related offenses), 59
27 (relating to public indecency) or 63 (relating to minors).
28 (7) Bribery in athletic contests.
29 (8) Soliciting or accepting a bribe in athletic
30 contests.
19910H1174B2787 - 50 -
1 (9) Professional theft.
2 (10) Murder.
3 (11) Administering drugs.
4 (12) Rape.
5 (13) Indecent assault.
6 (14) Kidnapping.
7 (15) Any offense involving the use, sale or delivery of
8 narcotics.
9 (c) Renewal.--A promoter's license shall be renewed annually
10 upon payment of a license fee of $100 to the Athletic Commission
11 Augmentation Account. The license shall expire on December 31
12 next following issuance.
13 (d) Reports.--At least ten days before the scheduled date of
14 any professional wrestling contest or exhibition, the promoter
15 of the contest or exhibition shall notify the commission in
16 writing of the date, time and location of the event.
17 (e) Suspension.--Upon conviction of a promoter for any
18 violation of this subpart, the commission shall suspend the
19 promoter's license for a period as follows:
20 (1) For an offense other than as provided in paragraph
21 (2), 60 days.
22 (2) For an offense committed within 12 months after
23 conviction of a prior offense, 90 days.
24 (f) Revocation.--Upon conviction of a promoter of a
25 violation of this subpart committed within 12 months after
26 conviction of a violation as defined under subsection (e)(2),
27 the commission shall revoke the promoter's license. The license
28 shall not be reissued prior to the expiration of one year from
29 the effective date of revocation.
30 (g) Promoting without a license.--The commission may issue
19910H1174B2787 - 51 -
1 an order prohibiting a promoter from holding or promoting a
2 professional wrestling contest or exhibition without having
3 obtained the promoter's license required under subsection (a).
4 If it is determined the respondent has engaged in the promotion
5 of any professional contest or exhibition without having first
6 obtained a promoter's license from the commission, the court, on
7 petition by the commission, shall enjoin him from such
8 activities unless and until he has been duly licensed. The
9 procedure in such cases shall be the same as in any other
10 injunction suit. The remedies under this subsection are in
11 addition to any other remedies under this part.
12 § 2102. Promoter's bonding requirements.
13 (a) General rule.--Before the scheduled date of any
14 professional wrestling contest or exhibition, the promoter shall
15 provide the commission and shall maintain in effect a surety
16 bond in an amount of not less than $10,000, as the department
17 shall determine.
18 (b) Conditions of bond.--The surety bond shall be
19 conditioned upon the faithful performance by the promoter of his
20 obligations under this subpart and any contract with an entity
21 in charge of an arena or other facility at which the exhibition
22 is held. All bonds shall be on a form supplied by the department
23 and shall be accompanied by a filing fee fixed by the
24 commission.
25 (c) Recovery on bond.--Recovery may be had on the bond in
26 the same manner as penalties are recoverable at law.
27 § 2103. Gross receipts taxes.
28 (a) Imposition of tax.--In addition to any Federal tax or
29 tax imposed by any political subdivision of this Commonwealth to
30 be paid on gross receipts, every promoter shall pay a State tax
19910H1174B2787 - 52 -
1 of 5% of the face value of all tickets sold to any wrestling
2 contest or exhibition.
3 (b) Payment of tax.--The tax payment shall be made to the
4 commission within ten days after the contest or exhibition. The
5 payment shall be accompanied by a form prescribed by the
6 commission setting forth the taxable receipts received from the
7 contest or exhibition, together with such other information as
8 the department may require. Payment shall be accompanied by a
9 verified statement by the ticket printer showing the number of
10 tickets printed for use at the contest or exhibition. Any
11 payment not received by the commission within the ten-day period
12 shall be subject to a late fee fixed by the commission by
13 regulation, which shall be not more than $100.
14 § 2104. Physician to be in attendance.
15 Before any professional wrestling contest or exhibition shall
16 take place, the promoter and the operator of the arena or
17 facility shall employ a physician to be present at every
18 wrestling contest or exhibition. The physician shall observe the
19 physical condition of the participants throughout the contest or
20 exhibition and shall be authorized to terminate the contest or
21 exhibition when, in his judgment, severe injury would result if
22 the contest or exhibition were to continue. The physician's fee
23 shall be paid by the promoter.
24 § 2105. Ambulance available.
25 Before any professional wrestling contest or exhibition shall
26 take place, the promoter and the operator of the arena or
27 facility shall have an ambulance or paramedical unit present at
28 the arena in case a serious injury were to occur. If the
29 ambulance or paramedical unit is located within five miles of
30 the arena and that unit has been notified to be on call by the
19910H1174B2787 - 53 -
1 promoter, the unit need not be present at the arena.
2 § 2106. Crowd control.
3 Before any professional wrestling contest or exhibition shall
4 take place, the promoter and the operator of the arena or
5 facility shall ensure that adequate security personnel are in
6 attendance to control fans in attendance. The size of the
7 security force is at the discretion of the promoter and the
8 owner or operator of the arena or facility, as they shall agree.
9 § 2107. Prohibited acts.
10 (a) Arena owners or operators.--An owner or operator of an
11 arena or other facility at which a professional wrestling
12 contest or exhibition takes place shall not destroy any ticket
13 or ticket stub, whether sold or unsold, within three months
14 after the date of any exhibition.
15 (b) Wrestlers.--A wrestler shall not deliberately cut or
16 otherwise mutilate himself while participating in a wrestling
17 contest or exhibition.
18 (c) Promoter.--A promoter shall not do any of the following:
19 (1) Conduct any professional wrestling contest or
20 exhibition without satisfying the bond requirements specified
21 in section 2102 (relating to promoter's bonding
22 requirements).
23 (2) Employ as a participant in a wrestling contest or
24 exhibition any individual who is under 18 years of age.
25 § 2108. Enforcement.
26 (a) General rule.--The executive director may assign a
27 representative of the commission to any professional wrestling
28 contest or exhibition to ensure compliance with this subpart.
29 This representative shall be admitted by the promoter without
30 fee. In place of a commission representative the executive
19910H1174B2787 - 54 -
1 director may, upon notifying the police chief of any municipal
2 police department, request that a designee of the local police
3 department monitor the compliance of this subpart at the
4 exhibition.
5 (b) Enforcement fee.--The promoter shall pay a fee of $100
6 for each wrestling event to the enforcement entity attending the
7 event under subsection (a) to cover the costs of enforcement of
8 this subpart.
9 § 2109. Penalties.
10 Except for a violation of section 2101 (relating to
11 promoter's license) or 2107 (relating to prohibited acts), a
12 knowing or reckless violation of any provision of this subpart
13 shall be a summary offense. A knowing or reckless violation of
14 section 2101 or 2107 shall be a misdemeanor of the third degree.
15 In addition to any other procedure for instituting proceedings,
16 the executive director may, upon receiving a report of an
17 unlawful incident or a violation of this subpart, authorize the
18 filing of a complaint or citation pursuant to the Pennsylvania
19 Rules of Criminal Procedure.
20 § 2110. Disposition of commission receipts.
21 Fees, taxes, fines, forfeitures and other money collected
22 under the provisions of this subpart and the rules and
23 regulations promulgated under this part, including all fees
24 charged under this part and fines imposed and collected for
25 violations of this part, shall be collected by the commission,
26 transmitted to the Department of Revenue and paid into the
27 Athletic Commission Augmentation Account established in section
28 1512 (relating to Athletic Commission Augmentation Account).
29 Section 2. Status of existing licenses and permits.
30 This act shall not adversely affect licenses or permits
19910H1174B2787 - 55 -
1 issued under or otherwise valid under the act of July 1, 1989
2 (P.L.136, No.28), known as the Athletic Code, or the act of July
3 1, 1989 (P.L.160, No.29), known as the Professional Wrestling
4 Act. This act shall not affect any suspensions, revocations or
5 other action taken with respect to licenses and permits by the
6 Department of State or the State Athletic Commission under
7 applicable law.
8 Section 3. Current members of State Athletic Commission and
9 Medical Advisory Board.
10 Any person who is a member of the State Athletic Commission
11 or the Medical Advisory Board on the effective date of this act
12 shall serve on the commission or board for a term of four years
13 from his date of appointment and until his successor is
14 appointed and qualified.
15 Section 4. Effect of prior rules and regulations.
16 (a) All rules and regulations made pursuant to or valid
17 under any act repealed by this act shall continue in force and
18 effect unless contrary to the provisions of 5 Pa.C.S. Pt. I
19 (relating to boxing and wrestling).
20 (b) Regulations promulgated under the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, are invalidated
22 insofar as they are inconsistent with section 1 (section 107).
23 Section 5. Repayment of appropriation.
24 The appropriation under section 3107 of the act of July 1,
25 1989 (P.L.136, No.28), known as the Athletic Code, shall be
26 repaid by the State Athletic Commission to the Professional
27 Licensure Augmentation Account by June 30, 1995.
28 Section 6. Repeals.
29 The following acts and parts of acts are repealed in their
30 entirety:
19910H1174B2787 - 56 -
1 Act of July 1, 1989 (P.L.136, No.28), known as the Athletic
2 Code.
3 Act of July 1, 1989 (P.L.160, No.29), known as the
4 Professional Wrestling Act.
5 Section 7. Effective date.
6 This act shall take effect immediately.
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