PRIOR PRINTER'S NO. 2153 PRINTER'S NO. 2520
No. 1728 Session of 1987
INTRODUCED BY LINTON, MILLER, OLIVER, BUNT AND SCHULER,
SEPTEMBER 28, 1987
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 18, 1987
AN ACT
1 Permitting and regulating wrestling and boxing contests and <--
2 exhibitions; requiring licenses and permits; providing for
3 the granting, suspension and revocation of licenses and
4 permits issued by the Department of Health; preserving the
5 rights of existing licensees and permittees; prescribing
6 penalties, fines, forfeitures and misdemeanors; requiring
7 bonds and insurance; and providing for rules and regulations.
8 TABLE OF CONTENTS
9 Chapter 1. Preliminary Provisions
10 Section 101. Short title.
11 Section 102. Definitions.
12 Section 103. Act not to apply to schools.
13 Chapter 3. Regulations of Boxing Contests and Exhibitions
14 Section 301. Power of department to control boxing.
15 Section 302. Boxing regulated.
16 Section 303. Age of participants.
17 Section 304. Fictitious names.
18 Section 305. Physician to be in attendance.
19 Section 306. Medical training seminars.
1 Section 307. Register.
2 Section 308. Medical equipment.
3 Section 309. Suspension.
4 Section 310. Examinations.
5 Section 311. Weights and classes.
6 Section 312. Limitation on difference in weights.
7 Section 313. Gloves.
8 Section 314. Duration of boxing bouts; length of rounds.
9 Section 315. Attendance of referee and judges; scoring.
10 Section 316. Seconds.
11 Section 317. Duty of disclosure.
12 Section 318. Sham or collusive contest prohibited.
13 Section 319. Minimum purses for boxers.
14 Section 320. Distribution of purses to boxers; statements.
15 Section 321. Withholding of purses MONEYS. <--
16 Section 322. Hearing regarding withheld purse.
17 Section 323. Hearing, disposition of withheld purse.
18 Section 324. Payments regulated.
19 Section 325. Insurance.
20 Chapter 5. Safety Regulations
21 Section 501. Mandatory eight count.
22 Section 502. Knockout.
23 Section 503. Physician at knockout.
24 Section 504. Ring padding.
25 Section 505. Boxer knocked unconscious.
26 Section 506. Boxer repeatedly knocked out.
27 Section 507. Six consecutive defeats.
28 Chapter 7. Licenses and Permits
29 Section 701. Power of department to issue, withhold, suspend or
30 revoke licenses and permits.
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1 Section 702. Promoters' licenses.
2 Section 703. Representative managers' licenses.
3 Section 704. Foreign copromoters to procure permits.
4 Section 705. Other licenses required.
5 Section 706. Permits required.
6 Section 707. Permits for amateurs.
7 Section 708. Restrictions.
8 Section 709. Permits not to be issued.
9 Section 710. Standards for the issuance of licenses and
10 permits.
11 Section 711. Duration of license.
12 Section 712. Applications for licenses and permits.
13 Section 713. Oral examinations.
14 Section 714. Fingerprints.
15 Section 715. License fees.
16 Section 716. Permit fees.
17 Section 717. Additional license fees; penalties.
18 Chapter 9. Contracts, Advertising, Tickets and Spectators
19 Section 901. Department control of contracts.
20 Section 902. Contracts subject to law.
21 Section 903. Provisions in contracts between managers and
22 professional boxers.
23 Section 904. Approval of contracts.
24 Section 905. Tickets.
25 Section 906. Misdemeanor to destroy tickets.
26 Section 907. Ticket refunds.
27 Section 908. Advertising matter to state admission price.
28 Section 909. Admissions not to exceed seating capacity.
29 Section 910. Age of spectators.
30 Chapter 11. Bonds
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1 Section 1101. Promoters and foreign copromoters required to
2 file bonds.
3 Section 1102. Deposit in lieu of surety bond.
4 Section 1103. Filing fee.
5 Section 1104. Recovery on bond.
6 Chapter 13. Hearings and Temporary Suspensions
7 Section 1301. Department hearings.
8 Section 1302. Subpoenas.
9 Section 1303. Temporary suspension of licenses or permits.
10 Section 1304. Suspension or revocation of licenses.
11 Chapter 15. Penalties
12 Section 1501. Misdemeanors.
13 Section 1502. Departmental fines.
14 Chapter 17. Miscellaneous Provisions
15 Section 1701. Financial interest in boxer prohibited.
16 Section 1702. Financial interest in opponent prohibited.
17 Section 1703. Financial interest of matchmaker.
18 Section 1704. Fees, fines and forfeitures.
19 Section 1705. Rules and regulations.
20 Section 1706. Repeals.
21 Section 1707. Transfer of functions, records, etc.
22 Section 1708. Status of existing licenses.
23 Section 1709. Effect of prior rules and regulations.
24 Section 1710. Saving clause.
25 Section 1711. Effective date.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 CHAPTER 1
29 PRELIMINARY PROVISIONS
30 Section 101. Short title.
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1 This act shall be known and may be cited as the Pennsylvania
2 Boxing Code.
3 Section 102. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Amateur." A person who has never received nor competed for
8 any purse or other article of value, either for participating in
9 any boxing contest or exhibition, or for the expenses of
10 training therefor other than a prize which does not exceed $50
11 in value.
12 "Boxing." The act of attack and defense with the fists,
13 practiced as a sport, subject to rules adopted by the
14 department. The term includes all variations of the sport
15 permitting or using other parts of the human body, including,
16 but not limited to, the foot, knee, leg, elbow or head.
17 "Contest." An engagement in which the boxers strive
18 earnestly in good faith to win.
19 "Department." The Department of Health of the Commonwealth.
20 "Exhibition." An engagement in which the participants show
21 or display their skill without necessarily striving to win.
22 "Foreign copromoter." A promoter who has no place of
23 business within this Commonwealth.
24 "Judge." A person, other than a referee, who has a vote in
25 determining the winner of any boxing contest.
26 "Manager." A person who, directly or indirectly, controls or
27 administers the affairs of any boxer.
28 "Matchmaker." A person who brings together professional
29 boxers or arranges professional boxing contest or exhibitions.
30 "Participant." A boxer who takes part in a boxing contest or
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1 exhibition.
2 "Physician." An individual licensed to practice medicine and
3 surgery or osteopathy or osteopathic surgery in this
4 Commonwealth.
5 "Professional." A person who has received or competed for,
6 or is receiving or competing for, any purse or other article of
7 value, other than a prize which does not exceed $50 in value,
8 either for participating in any boxing contest or exhibition or
9 for the expenses of training therefor.
10 "Promoter." Any person, and in the case of a corporate
11 promoter, any officer, director, employee or stockholder
12 thereof, who produces, arranges or stages any professional
13 boxing contest or exhibition.
14 "Purse." The financial guarantee or any other remuneration,
15 or part thereof, for which professional boxers are participating
16 in a contest or exhibition. The term includes the participant's
17 share of any payment received for radio broadcasting, television
18 and motion picture rights.
19 Section 103. Act not to apply to schools.
20 No provision of this act nor any rule or regulation
21 promulgated hereunder shall apply to any boxing contest or
22 exhibition conducted or sponsored by any university, college,
23 secondary school or group of universities, colleges or secondary
24 schools when all the participants are students regularly
25 enrolled in such institutions.
26 CHAPTER 3
27 REGULATIONS OF BOXING CONTESTS AND EXHIBITIONS
28 Section 301. Power of department to control boxing.
29 Except as provided in section 103, except such contests and
30 exhibitions as are specifically exempted from the provisions of
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1 this act, the department is hereby granted sole direction,
2 control and jurisdiction over all amateur and professional
3 boxing contests and exhibitions or any variations thereof held
4 within this Commonwealth.
5 Section 302. Boxing regulated.
6 Amateur or professional boxing contests or exhibitions,
7 including kick boxing, shall be held within this Commonwealth
8 only in accordance with the provisions of this act and the rules
9 and regulations promulgated hereunder. The contests or
10 exhibitions may be held on Sundays.
11 Section 303. Age of participants.
12 (a) General rule.--No person 18 years of age or under shall
13 be a participant in any boxing contest or exhibition.
14 (b) Exceptions.-- <--
15 (1) Any person 16 years old with the permission of the
16 department or any person 17 years old may participate in
17 amateur boxing contests or exhibitions, under such rules and
18 regulations as the department shall prescribe.
19 (2) Any person 16 years of age or under but not less
20 than 12 years of age who has written permission from a parent
21 or legal guardian may participate in amateur boxing contests
22 or exhibitions with other persons who are not more than 12
23 months older under such rules and regulations as the
24 department shall prescribe.
25 (B) EXCEPTION.-- <--
26 (1) ANY PERSON BETWEEN 12 AND 17 YEARS OF AGE MAY
27 PARTICIPATE IN AMATEUR BOXING CONTESTS OR EXHIBITIONS UNDER
28 SUCH RULES AND REGULATIONS AS THE DEPARTMENT SHALL PRESCRIBE.
29 (2) PERSONS UNDER 18 YEARS OF AGE MAY PARTICIPATE AFTER
30 OBTAINING WRITTEN PERMISSION FROM A PARENT OR LEGAL GUARDIAN,
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1 AS WELL AS CONSENT BY THE DEPARTMENT.
2 (3) PERSONS 12 TO 16 YEARS OF AGE MAY ONLY PARTICIPATE
3 IN SUCH CONTESTS WITH PERSONS NOT MORE THAN ONE YEAR OLDER.
4 (c) Junior olympics.--The limitations set forth in
5 subsections (a) and (b) shall not apply to sanctioned boxing
6 events for the junior olympics under the direction of the <--
7 Amateur Athletic Union. A NATIONAL GOVERNING ORGANIZATION <--
8 CERTIFIED BY THE DEPARTMENT. For purposes of the junior olympic
9 events, participants, with the written permission of a parent or
10 legal guardian, may box only in the following age divisions:
11 (1) Ten and eleven years of age.
12 (2) Twelve and thirteen years of age.
13 (3) Fourteen and fifteen years of age.
14 Under no circumstances shall any participant take part in any
15 event outside of the approved division for such age group.
16 Section 304. Fictitious names.
17 No person shall participate in any amateur boxing contest or
18 exhibition under a fictitious or assumed name, unless such
19 fictitious or assumed name has first been registered with the
20 department.
21 Section 305. Physician to be in attendance.
22 A physician shall be assigned to every boxing contest or
23 exhibition by the department. The physician shall observe and
24 continue to observe the physical condition of the participants
25 and is authorized to stop any contest or exhibition at any time
26 to examine a contestant and to terminate a bout when, in the
27 judgment of the physician, severe injury could result to a
28 contestant if the contest or exhibition were to continue. The
29 department shall establish by rule or regulation a schedule of
30 fees to be paid to physicians for their services. The
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1 physician's fee shall be paid by the promoter of the contest or
2 exhibition attended by the physician.
3 Section 306. Medical training seminars.
4 The department shall conduct frequent mandatory medical
5 training seminars at least three times a year for all ring
6 personnel, department personnel and other designated persons
7 employed by the department.
8 Section 307. Register.
9 The department shall establish and maintain a register for
10 all professional boxers licensed in this Commonwealth. The
11 register shall include a photograph of the boxer. In the
12 register, the department shall record the results of each boxing
13 contest or exhibition the boxer is involved in, including
14 technical knockouts, knockouts and other boxing-related
15 injuries, as well as the dates of each contest or exhibition and
16 the record of wins and losses.
17 Section 308. Medical equipment.
18 No professional or amateur boxing event shall be started
19 unless there is on the premises:
20 (1) An ambulance, together with emergency equipment.
21 (2) A portable resuscitator with oxygen and appropriate
22 endotracheal tubes and a qualified operator.
23 Section 309. Suspension.
24 For sound medical reasons and to protect the individual
25 boxers, the department shall establish mandatory license
26 suspensions of those persons who sustain certain injuries. The
27 department may suspend a boxer's license for up to:
28 (1) Sixty days for a laceration of the face.
29 (2) Thirty days for a technical knockout with minor
30 injuries.
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1 (3) Forty-five days for head injuries.
2 (4) Ninety days for a boxer receiving a knockout. Such
3 boxer shall receive an EEG within 24 hours of the knockout.
4 Section 310. Examinations.
5 (a) Prefight physical.--
6 (1) In addition to any other examination required by
7 this act or the rules and regulations promulgated hereunder,
8 each boxer must be examined by the attending physician within
9 two hours before he enters the ring. If, in the opinion of
10 the physician, any boxer is physically or mentally unfit to
11 proceed, the physician shall notify the person in charge, who
12 shall immediately cancel the contest or exhibition.
13 (2) This required examination shall conform to the rules
14 and regulations promulgated by the department.
15 (b) Postfight physical.--In addition to the examination
16 required in this act, every boxer shall be examined by a
17 physician designated by the department during the five days
18 following every contest or exhibition in which he was a
19 participant. Such examination shall be performed at the expense
20 of the promoter.
21 (c) Filing of results of physicals.--The results of the
22 examinations required by this section shall be reduced to
23 writing by the physician, signed by him and filed with the
24 department within 48 hours after they have been performed.
25 Section 311. Weights and classes.
26 The department shall establish classes of boxers by rules and
27 regulations promulgated under this act. Such classes shall be
28 based upon weights.
29 Section 312. Limitation on difference in weights.
30 No contest or exhibition shall be lawful in which the
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1 difference in weight of the participants exceeds ten pounds.
2 This limitation shall not apply to contests or exhibitions
3 between participants in the light-heavyweight and heavyweight
4 classes, as defined by the department, nor to exhibitions held
5 solely for training purposes.
6 Section 313. Gloves.
7 The appropriate weight boxing gloves shall be worn by boxers
8 as follows:
9 (1) One hundred thirty-five pounds or under, boxing
10 gloves weighing not less than five ounces each.
11 (2) Over 135 pounds but not exceeding 160 pounds, boxing
12 gloves weighing not less than six ounces each.
13 (3) Over 160 pounds, boxing gloves weighing not less
14 than ten ounces each.
15 Section 314. Duration of boxing bouts; length of rounds.
16 (a) Length of contest.--No boxing contest or exhibition
17 shall be more than 15 rounds in length.
18 (b) Duration of round.--No round shall be more than three
19 minutes in duration.
20 (c) Mandatory rest period.--There shall be at least a one
21 minute rest between consecutive rounds.
22 (d) Limitation on participation.--No boxer shall participate
23 in, nor be scheduled to participate in, more than 15 rounds
24 within 72 consecutive hours.
25 (e) Limitation on rounds.--The department may, in respect to
26 any contest or exhibition or in respect to any class of
27 participants, limit the number of rounds in a contest or
28 exhibition to less than the maximum of 15 rounds.
29 Section 315. Attendance of referee and judges; scoring.
30 (a) Referee.--At each professional boxing contest or
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1 exhibition, except an exhibition held solely for training
2 purposes, there shall be in attendance, at the expense of the
3 promoter, a duly licensed referee designated by the department,
4 who shall direct and control the contest or exhibition.
5 (b) Judges.--There shall also be in attendance at every
6 boxing contest, at the expense of the promoter, two licensed
7 judges, each of whom shall, together with the referee, render
8 his individual decision, in writing, on a scorecard supplied by
9 the department at the end of every boxing contest which
10 continues for the scheduled number of rounds. Each judge and the
11 referee shall have one vote, and a majority of the votes cast
12 shall determine the winner.
13 (c) Scoring.--The department shall by rule or regulation
14 prescribe the methods of scoring.
15 Section 316. Seconds.
16 Before the start of any boxing contest or exhibition, the
17 referee shall ascertain from each participant the name of the
18 chief second. The chief second shall be held responsible for the
19 conduct of his assistants during the contest or exhibition.
20 Section 317. Duty of disclosure.
21 Every licensee shall, immediately after learning thereof,
22 disclose to the department, or to the official in charge or the
23 attending physician or referee if one of these persons is in
24 attendance at any contest or exhibition, all knowledge or
25 information in his possession concerning any mental or physical
26 disability, injury, illness or incapacity of any boxer.
27 Section 318. Sham or collusive contest prohibited.
28 (a) General rule.--No licensee or other person shall
29 knowingly conduct, give, participate in or be in any way
30 connected with any sham or collusive boxing contest.
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1 (b) Reports.--Any licensee who knows or has reason to
2 suspect that a boxing contest is, was or is going to be a sham
3 or collusive contest shall have a duty to promptly report this
4 to the department or a representative thereof. Such a report
5 shall be in writing or, if oral, shall be reduced to writing and
6 shall contain all of the reporter's reasons for the conclusions
7 set forth in his report.
8 (c) Definition.--A sham or collusive contest is one in which
9 one or both of the participants does not use his best efforts
10 and skill or does not strive earnestly in good faith to win. It
11 includes, but is not limited to, any pseudo contest, the result
12 of which has been prearranged or any pseudo contest in which
13 either participant does not, is not going to, or is unable to
14 use or is prevented from using his best efforts and skill as a
15 result of coercion, bribery, duress, threats, reward or promise
16 thereof, physical incapacity or disability, suggestion or
17 agreement, or any other improper or unlawful means.
18 (d) Penalty.--A violation of this section shall constitute a
19 misdemeanor of the third degree.
20 Section 319. Minimum purses for boxers.
21 No purse less than $25 shall be paid by the promoter to any
22 professional boxer for any contest or exhibition, other than a
23 training exhibition.
24 Section 320. Distribution of purses to boxers; statements.
25 (a) Promoter distribution.--Unless otherwise directed by the
26 department, the official in charge or the referee, all boxing <--
27 purses shall be distributed by the promoter not later than 24
28 hours after the conclusion of the contest or exhibition for
29 which the purse is being paid. A written statement showing the
30 distribution of the purse, including each item of receipt and
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1 each expenditure or deduction, shall be furnished to the boxer
2 and his manager, together with his share of the purse, and a
3 copy thereof certified by the promoter to be true and correct
4 shall be filed in the office of the department. Receipted
5 vouchers for every expenditure or deduction shall be attached to
6 the copy filed with the department.
7 (b) Manager distribution.--Unless otherwise directed by the
8 department, the official in charge or the referee, every manager <--
9 shall furnish a statement of distribution to the boxer he
10 manages, together with the boxer's share of the purse, not later
11 than 24 hours after he receives the purse and statement from the
12 promoter. A copy thereof, certified by the manager to be true
13 and correct, shall be filed in the office of the department, and
14 it shall have attached to it receipted vouchers for every
15 expenditure or deduction made by the manager.
16 Section 321. Withholding of purses MONEYS. <--
17 (A) GENERAL RULE.--The department or the referee shall have <--
18 the power to order the promoter to withhold any purse, or any
19 part thereof, or any receipts or other funds belonging to or
20 payable to any contestant or for which any contestant is
21 competing or of any manager's share of, if it should appear that
22 such contestant is not competing honestly or is intentionally
23 not competing to the best of his ability and skill, or if it
24 should appear that the contestant, his manager or any of his
25 seconds has violated any provision of this act or the rules and
26 regulations promulgated under this act.
27 (B) ESCROW.--THE DEPARTMENT SHALL HAVE THE POWER TO ORDER <--
28 THAT THE GROSS RECEIPTS SHALL BE WITHHELD AND PLACED IN ESCROW
29 IF IT SHOULD APPEAR THAT THE ACT HAS BEEN VIOLATED.
30 Section 322. Hearing regarding withheld purse.
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1 (a) Delivery to department.--Any purse, or portion thereof,
2 so withheld shall be delivered by the promoter to the department
3 within 48 hours after the end of the contest.
4 (b) Request for hearing.--Within ten days after the end of
5 the contest, the licensee from whom the sum was withheld shall
6 have the right to apply in writing to the department for a
7 hearing. Upon receipt of such application, the department shall
8 fix a date for a hearing.
9 Section 323. Hearing, disposition of withheld purse.
10 (a) General rule.--Within a reasonable time after the
11 hearing or after the expiration of ten days following the
12 contest, if no application for a hearing is filed, the
13 department shall determine the disposition to be made of the
14 withheld purse.
15 (b) Withholding.--If the department finds the charge or
16 charges upon which the withholding order was based to be true
17 and to be sufficient lawful reason upon which to base such an
18 order, it may, in its discretion, declare the funds withheld, or
19 any part thereof, forfeited.
20 (c) Distribution.--If the department finds the charge or
21 charges to be untrue or not to be sufficient lawful reason upon
22 which to base a withholding order, it shall distribute the
23 withheld funds to the persons entitled thereto.
24 Section 324. Payments regulated.
25 (a) General rule.--No promoter or foreign copromoter shall
26 pay, lend or give any money to a contestant before any boxing
27 contest as an advance against his purse or for a similar
28 purpose. A promoter may, with the prior written permission of
29 the department, pay or advance to a contestant necessary
30 expenses for transportation and maintenance in preparation for a
19870H1728B2520 - 15 -
1 contest. The total payments shall not exceed $500 for any one <--
2 contest.
3 (b) Forfeiture of purse.--If a contestant's purse is
4 forfeited, the department may include such payments or advances
5 as part of the forfeiture, and, if he does not forward such
6 amount to the department, it may be recovered in the same manner
7 as a debt due the Commonwealth.
8 Section 325. Insurance.
9 The department may, by rules and regulations, require
10 licensed boxers to be covered by not less than $1,000 nor more <--
11 than $10,000 of insurance for:
12 (1) Medical, surgical and hospital care resulting from
13 injuries sustained while preparing for or engaged in boxing
14 contests or exhibitions with the insured being the
15 beneficiary of such policies.
16 (2) Life, providing for payments to the estates or
17 beneficiaries of deceased boxers where death was caused by
18 injuries received while preparing for or engaged in boxing
19 contests or exhibitions.
20 The premiums for such insurance shall be paid by the insured's
21 manager.
22 CHAPTER 5
23 SAFETY REGULATIONS
24 Section 501. Mandatory eight count.
25 Whenever a boxer is knocked down, the boxer shall be required
26 to take a count of eight. The referee shall not permit the
27 contest or exhibition to be resumed until the count of eight has
28 actually been reached, except in professional championship
29 boxing contests and exhibitions.
30 Section 502. Knockout.
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1 When a boxer is actually knocked out, the referee shall count
2 to ten, and shall not stop the count earlier and record a
3 technical knockout.
4 Section 503. Physician at knockout.
5 When a boxer has been knocked out, no one shall touch him,
6 except to remove his mouth protector, until after the attending
7 physician has entered the ring and issued such instructions as
8 he deems necessary.
9 Section 504. Ring padding.
10 All ring padding shall be subject to approval of the
11 department. All padding shall be of soft felt, foam rubber or
12 similar material and shall be at least two inches thick.
13 Section 505. Boxer knocked unconscious.
14 A boxer who has been knocked unconscious or who has received
15 a concussion shall not be allowed to box again for six weeks 90 <--
16 DAYS, and then only after having been pronounced fit after a
17 thorough physical examination by a physician.
18 Section 506. Boxer repeatedly knocked out.
19 A boxer who has been repeatedly knocked out and KNOCKED OUT <--
20 OR severely beaten shall be retired and not permitted to box
21 again if, after subjecting him to a thorough examination by a
22 physician, the department decides such action is necessary in
23 order to protect the health and welfare of the boxer.
24 Section 507. Six consecutive defeats.
25 A boxer who has suffered six consecutive defeats shall be
26 investigated by the department and examined by a physician.
27 CHAPTER 7
28 LICENSES AND PERMITS
29 Section 701. Power of department to issue, withhold, suspend or
30 revoke licenses and permits.
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1 The department is hereby granted sole control, authority and
2 jurisdiction to issue, withhold, suspend or revoke any license
3 or permit provided for in this act.
4 Section 702. Promoters' licenses.
5 No promoter shall, either directly or indirectly, conduct,
6 hold or promote any professional boxing contest or exhibition
7 unless he has first procured a promoter's license from the
8 department. A violation of this section shall constitute a
9 misdemeanor of the third degree.
10 Section 703. Representative managers' licenses.
11 (a) General rule.--Before acting as such, every
12 representative manager shall procure a manager's license. He
13 shall file with the department the name of each boxer whom he
14 represents, together with a written consent from each such boxer
15 and his manager authorizing him to transact business for such
16 manager or boxer or to act as or for the manager of such boxer.
17 (b) Presumption.--Every person other than the manager of a
18 professional boxer who performs any of the acts usually
19 performed by the manager or who aids, assists or substitutes for
20 the manager or who uses a licensed manager to conceal his own
21 actions as a manager shall be considered a representative
22 manager.
23 (c) Penalty.--A violation of this section shall constitute a
24 misdemeanor of the third degree.
25 Section 704. Foreign copromoters to procure permits.
26 (a) General rule.--No foreign copromoter shall directly or
27 indirectly participate in the promotion of or receive any
28 remuneration from or render any services in connection with any
29 professional boxing contest or exhibition held within this
30 Commonwealth unless he has first been granted a permit therefor
19870H1728B2520 - 18 -
1 by the department. No promoter shall be associated with any
2 foreign copromoter in promoting any contest or exhibition unless
3 the foreign copromoter has first secured a permit. A foreign
4 copromoter by accepting a permit agrees to be subject to all the
5 provisions of this act and the rules and regulations promulgated
6 under this act.
7 (b) Penalty.--A violation of this section shall constitute a
8 misdemeanor of the third degree.
9 Section 705. Other licenses required.
10 (a) Other licenses.--No professional boxer, manager, second,
11 trainer, matchmaker, timekeeper, referee, judge, announcer,
12 physician, booking agent or agency or representative of a
13 booking agent or agency shall directly or indirectly act in such
14 capacity in connection with any professional boxing contest or
15 exhibition unless he has first procured a license to act in such
16 a capacity from the department.
17 (b) Penalty.--A violation of this section shall constitute a
18 misdemeanor of the third degree.
19 Section 706. Permits required.
20 In addition to the promoter's license, each promoter shall be
21 required to procure a permit for each program of contests or
22 exhibitions before presenting that program. Each application for
23 a permit shall specify the premises where and time when the
24 program is to be held.
25 Section 707. Permits for amateurs.
26 (a) Permit required.--Except as otherwise provided in this
27 act, no amateur boxing contest or exhibition shall be held
28 without a permit having been first secured from the department.
29 (b) Eligibility.--Permits for amateur boxing contests or
30 exhibitions shall be issued only to bona fide recognized amateur
19870H1728B2520 - 19 -
1 athletic associations, nonprofit organizations or other groups
2 or individuals approved by the department.
3 (c) Miscellaneous.--Permits under this section may be issued
4 for a single contest or exhibition, a series of contests or
5 exhibitions, or for a period not exceeding one year. The
6 department may issue amateur permits without charging any fee or
7 for a fee of $5 per permit.
8 Section 708. Restrictions.
9 No officer, director, stockholder or employee of a licensed
10 promoter shall have any other interest in any professional boxer
11 or professional contests or exhibitions except as a matchmaker.
12 Section 709. Permits not to be issued.
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, or which adopts, any local
16 ordinance or resolution prohibiting such contests or exhibitions
17 within its limits.
18 Section 710. Standards for the issuance of licenses and
19 permits.
20 (a) Consideration.--In determining whether to issue or renew
21 any license or permit, the department shall consider the best
22 interest and welfare of the public, the preservation of the
23 safety and health of participants and the best interests of
24 boxing generally.
25 (b) Prerequisites.--Before being granted any permit or
26 license, the applicant must establish that the applicant is:
27 (1) Of a good moral character.
28 (2) Of good reputation.
29 (3) Physically fit and mentally sound.
30 (4) Skilled in his profession.
19870H1728B2520 - 20 -
1 (5) Of requisite age and experience.
2 (6) Not addicted to the intemperate use of alcohol or to
3 the use of narcotic drugs.
4 In the case of a corporate applicant, these factors shall be
5 considered with reference to its officers, directors, employees
6 and principal stockholders.
7 Section 711. Duration of license.
8 Each license issued under this act shall expire on December
9 31 next following the date on which it was issued.
10 Section 712. Applications for licenses and permits.
11 Every application for a license or a permit shall:
12 (1) Be in writing on a form supplied by the department.
13 (2) Be verified by the applicant.
14 (3) Set forth such information and have attached thereto
15 such photographs and other exhibits as are required by this
16 act, the rules and regulations promulgated under this act,
17 and the form of application.
18 Section 713. Oral examinations.
19 The department shall have the right to require any applicant
20 for a license or permit, or in the case of a corporate
21 applicant, any officer, director, employee or stockholder
22 thereof, to appear before the department for an oral
23 examination, under oath, as to qualifications of the applicant
24 before taking actions on that application.
25 Section 714. Fingerprints.
26 The department shall have taken, in duplicate, the
27 fingerprints of each applicant for a license or permit or, in
28 the case of a corporate applicant, of such of its officers,
29 directors, employees or stockholders as the department may
30 require. One set of fingerprints shall be filed in the
19870H1728B2520 - 21 -
1 Harrisburg office of the Pennsylvania State Police and the other
2 set shall be filed in the department.
3 Section 715. License fees.
4 The annual license fees which shall accompany each
5 application for a license or the renewal of a license shall be
6 fixed by departmental regulation. The department may issue
7 licenses without fees to referees and physicians authorizing
8 them to officiate only at boxing contests or exhibitions between
9 amateurs.
10 Section 716. Permit fees.
11 (a) General rule.--The required fees, based upon the seating
12 capacity of the premises where the program is to be presented,
13 shall accompany each application for a permit to present a
14 program of contests or exhibitions. The amount of the fee shall
15 be fixed by departmental regulation.
16 (b) Foreign copromoter permit.--The fee for the issuance of
17 a foreign copromoter's permit for each program of contests or
18 exhibitions shall be fixed by departmental regulation.
19 Section 717. Additional license fees; penalties.
20 (a) Gross receipts fees.--In addition to the payment of any
21 other fees and moneys due under this act, every promoter shall
22 pay an additional license fee of 5% of the total gross receipts
23 of any boxing contest or exhibition, exclusive of any Federal
24 tax or any tax imposed by any political subdivision of this
25 Commonwealth which was paid thereon. For the purposes of this
26 section, total gross receipts of every promoter upon which the
27 5% is to be computed shall include the gross price chargeable
28 for the sale, lease or other exploitation of broadcasting,
29 television and motion picture rights of such contest or
30 exhibition without any deductions whatsoever for commissions,
19870H1728B2520 - 22 -
1 brokerage fees, distribution fees, advertising or other expenses
2 or charges in respect thereto. Gross receipts, for the purposes
3 of this section, shall also include the face value of all
4 tickets sold and complimentary tickets issued.
5 (b) Time period for payment.--The payment of the additional
6 license fee provided for in this section shall be made within 48
7 hours after the contest or exhibition and shall be accompanied
8 by a form prescribed by the Department of Revenue setting forth
9 the gross receipts received from the contest or exhibition,
10 together with such other information as the Department of
11 Revenue may require.
12 (c) Collection of fee.--The additional license fee provided
13 for in this section shall be collected by the department and
14 transmitted to the Department of Revenue, together with the
15 reports filed therewith.
16 (d) Penalties.--
17 (1) Any promoter who willfully makes a false and
18 fraudulent report under this section commits perjury, and
19 shall, upon conviction, be subject to punishment as provided
20 by law. Such penalty shall be in addition to any other
21 penalties imposed by this act.
22 (2) Any promoter who willfully fails, neglects or
23 refuses to make a report, or to pay the license fees as
24 herein prescribed, or who refuses to permit the department to
25 examine the books, papers and records of any promotion
26 commits a misdemeanor of the third degree.
27 CHAPTER 9
28 CONTRACTS, ADVERTISING, TICKETS AND SPECTATORS
29 Section 901. Department control of contracts.
30 The department is required to promulgate rules and
19870H1728B2520 - 23 -
1 regulations governing the form and content of all contracts
2 entered into between or among promoters and foreign copromoters
3 and professional boxers and managers and all contracts between
4 managers and professional boxers. All contracts required under
5 the provisions of this act shall be in writing.
6 Section 902. Contracts subject to law.
7 Every contract subject to the provisions of this chapter
8 shall contain the following clause:
9 This agreement is subject to the provisions of this act
10 and to the rules and regulations of the Department of
11 Health, and to any future amendments of either of them.
12 Section 903. Provisions in contracts between managers and
13 professional boxers.
14 (a) General provisions.--Every contract between a manager
15 and a professional boxer shall contain provisions governing its
16 duration, division of the boxer's purses and the minimum sum to
17 be guaranteed annually to the boxer by the manager.
18 (b) Termination of contract.--Each contract shall further
19 provide that the contract shall be automatically terminated if
20 the license of either party is revoked by the department or if
21 the manager fails to renew his license within 30 days after its
22 expiration. If the license of either party is suspended, the
23 contract shall not be binding upon the other party during the
24 period of such suspension.
25 Section 904. Approval of contracts.
26 No contract between a manager and a professional boxer shall
27 be legally valid and binding until both parties to the contract
28 have appeared before the department and have received
29 departmental approval which shall be endorsed on the contract.
30 Section 905. Tickets.
19870H1728B2520 - 24 -
1 (a) Scheduled date and price.--Every ticket of admission to
2 a boxing contest or exhibition shall clearly show on its face
3 the scheduled date of the contest or exhibition and its purchase
4 price, including any taxes thereon.
5 (b) Price limitation.--No ticket shall be sold by any
6 promoter or foreign copromoter for more than the price printed
7 thereon.
8 (c) Anti-scalping provision.--No other person shall sell any
9 ticket for more than 50¢ in excess of the price printed on the
10 ticket. No licensee under this act shall directly or indirectly
11 receive any part of any excess price.
12 (d) Numbering of tickets.--Tickets in each price range shall
13 be consecutively numbered, and the number of each ticket shall
14 be clearly printed on both the stub and main portion of the
15 ticket.
16 (e) Schedule of tickets.--A schedule of the numbers of all
17 tickets in each price range shall be furnished to the
18 department.
19 Section 906. Misdemeanor to destroy tickets.
20 Except upon receipt of prior written authorization from the
21 department, it shall be a misdemeanor of the second degree for
22 any promoter or person associated with or employed by any
23 promoter to destroy any ticket or ticket stub, whether sold or
24 unsold, within six months after the date of any contest or
25 exhibition.
26 Section 907. Ticket refunds.
27 (a) Full refund.--Upon postponement or cancellation of the
28 main event or the entire program of contests or exhibitions, the
29 promoter shall refund the full purchase price of each ticket to
30 any person who presents such ticket for a refund within 30 days
19870H1728B2520 - 25 -
1 after the scheduled date of the event. Within 10 days after the
2 expiration of this 30-day period, the promoter shall pay all
3 unclaimed ticket receipts to the department. The department
4 shall hold these funds for a period of one year for the purpose
5 of making additional refunds. Thereafter, the department shall
6 pay all remaining moneys from such ticket sale to the State
7 Treasurer for deposit into the General Fund, without escheat.
8 (b) Forfeiture of security.--Failure of any promoter or
9 foreign copromoter to comply with the provisions of subsection
10 (a) shall be sufficient cause to warrant a forfeiture of his
11 bond, or other security, and an imposition of a penalty or
12 suspension or revocation of his license by the department as
13 provided in this act.
14 (c) Pro rata refunds.--From the fund produced by the
15 forfeiture, pro rata refunds shall be made by the department to
16 persons who purchased tickets, in accordance with the provisions
17 of subsection (a).
18 Section 908. Advertising matter to state admission price.
19 Each showcard, bill, poster, newspaper or any other
20 advertisement of any contest or exhibition shall contain a
21 schedule of admission prices and a conspicuous statement of
22 whether a contest or exhibition is being presented. Failure to
23 comply with the provisions of this section shall constitute
24 grounds for the suspension or revocation of the promoter's
25 license.
26 Section 909. Admissions not to exceed seating capacity.
27 It shall be a misdemeanor of the third degree for any
28 promoter to admit to any contest or exhibition more persons than
29 there are seats in the place where the contest or exhibition is
30 being held.
19870H1728B2520 - 26 -
1 Section 910. Age of spectators.
2 No minor 16 years of age or under shall be permitted to
3 attend any boxing contest or exhibition unless accompanied by an
4 adult.
5 CHAPTER 11
6 BONDS
7 Section 1101. Promoters and foreign copromoters required to
8 file bonds.
9 (a) General rule.--Before any license or renewal of a
10 license is issued to a promoter and before any permit is issued
11 to a foreign copromoter, he shall be required to execute and
12 file a surety bond with the department in such reasonable
13 amount, but not less than $3,000, as the department shall
14 determine.
15 (b) Form of bond.--All such bonds shall be upon forms
16 supplied by the department, which shall have first adopted them
17 with the approval of the Office of Attorney General.
18 (c) Approval of sureties.--The sufficiency of the sureties
19 shall be subject to approval of the department and the Office of
20 Attorney General.
21 (d) Conditions.--The surety bond shall be conditioned upon
22 the faithful performance by the promoter or foreign copromoter
23 of his obligations under this act and the rules and regulations
24 promulgated pursuant hereto, including, but not limited to, the
25 fulfillment of his contractual obligations to contestants,
26 managers and other licensees, and the payment of all license and
27 permit fees provided for in this act. The aggregate annual
28 liability of the surety for all obligations and fees shall in no
29 event exceed the amount of the bond.
30 Section 1102. Deposit in lieu of surety bond.
19870H1728B2520 - 27 -
1 In lieu of the surety bond required by section 1101, the
2 promoter may deposit with the department cash, a certified
3 check, or direct obligations of the United States or the
4 Commonwealth of Pennsylvania acceptable to the department, in an
5 equivalent amount and subject to the same conditions. Such
6 security shall not be returned to the promoter until one year
7 after the date on which it was deposited with the department,
8 unless a surety bond is substituted for the security. After the
9 expiration of one year from the date on which the security was
10 deposited, if no claim against the deposit is outstanding, it
11 shall be returned to the depositor.
12 Section 1103. Filing fee.
13 A filing fee fixed by the department shall accompany each
14 bond filed or cash or security deposited in lieu of the bond
15 under the provisions of this act.
16 Section 1104. Recovery on bond.
17 Recovery may be had on such bond or against such deposit of
18 cash or security in the same manner as penalties are recoverable
19 at law.
20 CHAPTER 13
21 HEARINGS AND TEMPORARY SUSPENSIONS
22 Section 1301. Department hearings.
23 The department shall conduct all hearings under the
24 provisions of Title 2 of the Pennsylvania Consolidated Statutes
25 (relating to administrative law and procedure).
26 Section 1302. Subpoenas.
27 The department may issue subpoenas in connection with the
28 investigations, requiring the attendance and testimony of or the
29 production of books and papers by any licensee or other person
30 whom the department believes to have information, books or
19870H1728B2520 - 28 -
1 papers of importance to it in making the investigation.
2 Section 1303. Temporary suspension of licenses or permits.
3 (a) General rule.--The department shall have the power, upon
4 its own motion or upon the verified written complaint of any
5 person charging a licensee or permittee with violating any
6 provision of this act or the rules and regulations promulgated
7 under this act, to suspend temporarily any license or permit
8 until final determination by the department, when such action is
9 necessary to protect the public welfare and the best interests
10 of boxing.
11 (b) Hearing date.--The department shall hold a hearing
12 within ten days after the date on which the license or permit
13 was suspended temporarily.
14 Section 1304. Suspension or revocation of licenses.
15 The department shall have the power to suspend or revoke a
16 license or permit in any case where the department finds that
17 the licensee or permittee:
18 (1) Is guilty of gross immorality.
19 (2) Is unfit or incompetent by reason of negligence or
20 habits.
21 (3) Is guilty of violating any provision of this act or
22 of the rules and regulations of the department.
23 (4) Has committed fraud or deceit in securing his or
24 another's license or permit.
25 (5) Has been convicted of, or pleaded guilty or entered
26 a plea of nolo contendere to, or has been found guilty by a
27 judge or jury of, a crime in any jurisdiction within ten days
28 preceding the suspension or revocation.
29 (6) Is an habitual drunkard, or is addicted to the use
30 of morphine, cocaine or other drugs having a similar effect.
19870H1728B2520 - 29 -
1 (7) Is or has become mentally incompetent.
2 (8) Has been guilty of unprofessional or unethical
3 conduct, or such conduct as to require a suspension or
4 revocation in the public interest.
5 (9) Has made a misstatement of a material fact or
6 fraudulently concealed a material fact, or has induced, aided
7 or abetted any other person in misstating or concealing any
8 material fact in any application or other proceeding under
9 this act.
10 (10) Has failed to account for or pay over moneys
11 belonging to others which have come into his possession in
12 connection with a boxing contest or exhibition.
13 (11) Has failed to furnish to the proper party a copy of
14 any contract or statement required by this act or the rules
15 and regulations promulgated under this act, or has breached
16 such a contract.
17 (12) Has paid or agreed to pay any money or article of
18 value to any person not having a license or a permit for
19 soliciting or for business secured or for rendering of any
20 service or the doing of any of the acts forbidden by this act
21 and the rules and regulations promulgated under this act.
22 (13) Has loaned his license or permit to another person
23 or has borrowed or used the license or permit of another.
24 (14) Is guilty of any form of pretense which might
25 induce the public or citizens to become a prey to
26 professional exploitation.
27 (15) Has employed a person who has not been issued a
28 license or permit when so required by law.
29 (16) Has failed to maintain in force the bond required
30 by this act or has failed to deposit with the department the
19870H1728B2520 - 30 -
1 required cash, check or securities required in lieu of the
2 bond.
3 (17) Has by act or omission conducted himself in a
4 manner detrimental to the best interests of boxing generally
5 or to the public interest and general welfare.
6 (18) Is associating or consorting with criminals,
7 bookmakers, gamblers or persons of similar ill repute, or
8 with persons of no known or visible means of livelihood, or
9 is himself engaged or engaging in similar pursuits or
10 conduct.
11 (19) Has been disciplined in any manner by the
12 department or similar agency or body of any jurisdiction.
13 (20) Has failed to pay a fine or any part thereof
14 imposed by this act.
15 CHAPTER 15
16 PENALTIES
17 Section 1501. Misdemeanors.
18 Any person convicted of any misdemeanor in this act shall be
19 sentenced to pay a fine of not more than $5,000, or to
20 imprisonment, for not more than three years, or both.
21 Section 1502. Departmental fines.
22 The department shall have the right to impose a fine of not
23 more than $5,000 for any violation of this act or the rules and
24 regulations promulgated under this act, in lieu of or in
25 addition to any other punishment herein provided for such
26 violation.
27 CHAPTER 17
28 MISCELLANEOUS PROVISIONS
29 Section 1701. Financial interest in boxer prohibited.
30 No licensed physician, referee, judge or promoter shall have
19870H1728B2520 - 31 -
1 any direct or indirect financial or pecuniary interest in any
2 boxer. A violation of this section shall constitute a
3 misdemeanor of the third degree.
4 Section 1702. Financial interest in opponent prohibited.
5 No manager, trainer or second of any boxer shall have any
6 direct or indirect financial or pecuniary interest in the
7 opponent in any contest in which his own boxer participates. No
8 boxer shall have any direct or indirect financial or pecuniary
9 interest in his opponent in any contest. A violation of this
10 section shall constitute a misdemeanor.
11 Section 1703. Financial interest of matchmaker.
12 No matchmaker or promoter shall have any direct or indirect
13 financial or pecuniary interest in any boxer who is engaging in
14 a contest arranged by that matchmaker or promoter. A violation
15 of this section shall constitute a misdemeanor.
16 Section 1704. Fees, fines and forfeitures.
17 All fees, fines, forfeitures and other moneys collected under
18 the provisions of this act and the rules and regulations
19 promulgated under this act shall be paid by the department to
20 the State Treasurer through the Department of Revenue, and are
21 hereby appropriated to the department to be placed in a
22 restricted receipts account for the administration and
23 enforcement of the provisions of this act. Such moneys shall be
24 specifically appropriated by the General Assembly. One percent <--
25 of the ALL moneys received by the Commonwealth for payment of <--
26 the gross receipts tax enumerated in section 4 of the act of
27 (P.L. , No. ), known as the Professional
28 Wrestling Act are hereby appropriated to the department to be
29 placed in a restricted receipts account.
30 Section 1705. Rules and regulations.
19870H1728B2520 - 32 -
1 The department is hereby granted the power to promulgate
2 rules and regulations governing the presentation of professional
3 and amateur boxing and all matters pertaining thereto. Such
4 rules and regulations shall include those rules and regulations
5 specifically required by this act, together with such others as
6 the department shall consider necessary in order to carry out
7 the provisions of this act.
8 Section 1706. Repeals.
9 (a) Specific repeals.--The following acts and parts of acts
10 are repealed:
11 (1) Sections 427 and 2503 of the act of April 9, 1929
12 (P.L.177, No.175), known as The Administrative Code of 1929.
13 (2) Act of August 31, 1955 (P.L.531, No.131), known as
14 the Pennsylvania Athletic Code.
15 (b) Partial repeals.--Sections 202 and 207.1(d) of the act
16 of April 9, 1929 (P.L.177, No.175), known as The Administrative
17 Code of 1929, are repealed insofar as they relate to the State
18 Athletic Commission.
19 Section 1707. Transfer of functions, records, etc.
20 All allocations, appropriations, equipment, files, records,
21 contracts, agreements, obligations and other materials which are
22 used, employed or expended in connection with the powers, duties
23 or functions of the State Athletic Commission transferred by
24 this act to the Department of Health are hereby transferred to
25 the Department of Health with the same force and effect as if
26 the allocations and appropriations had been made to and said
27 items had been the personnel and property of the commission in
28 the first instance and if the contracts, agreements and
29 obligations had been incurred or entered into by the department.
30 Section 1708. Status of existing licenses.
19870H1728B2520 - 33 -
1 All licenses and permits issued pursuant to any act repealed
2 by this act, except with respect to professional and amateur
3 wrestling, shall continue with the same force and effect as if
4 such act had not been repealed, subject, however, to the power
5 of the department, as provided in this act, to suspend or revoke
6 the license or permit of any such person for any of the causes
7 or reasons set forth in this act and subject to the power of the
8 department to require any such person to obtain a license or
9 permit pursuant to this act.
10 Section 1709. Effect of prior rules and regulations.
11 All rules and regulations made pursuant to any act repealed
12 by this act, except with respect to professional and amateur
13 wrestling, shall continue in full force and effect.
14 Section 1710. Saving clause.
15 The provisions of this act, so far as they are the same as
16 those of existing law, are intended to be a continuation of such
17 existing law and not as new enactments. The provisions of this
18 act shall not affect any act done, liability incurred, right
19 accrued or vested or suit or prosecution pending as of the
20 effective date of this act, or any action to enforce any right
21 or penalty or punish any offense under authority of such
22 repealed laws.
23 Section 1711. Effective date.
24 This act shall take effect immediately or December 31, 1987,
25 whichever is later.
I25L04RDG/19870H1728B2520 - 34 -