SENATE AMENDED PRIOR PRINTER'S NOS. 2153, 2520, 2641, PRINTER'S NO. 3944 3154, 3870
No. 1728 Session of 1987
INTRODUCED BY LINTON, MILLER, OLIVER, BUNT AND SCHULER, SEPTEMBER 28, 1987
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, NOVEMBER 29, 1988
AN ACT 1 Permitting and regulating boxing contests and exhibitions; 2 requiring licenses and permits; CONFERRING POWERS AND <-- 3 IMPOSING DUTIES UPON THE STATE ATHLETIC COMMISSION; providing 4 for the granting, suspension and revocation of licenses and 5 permits issued by the Department of Health STATE COMMISSION; <-- 6 preserving the rights of existing licensees and permittees; 7 prescribing penalties, fines, forfeitures and misdemeanors; 8 requiring bonds and insurance; and CREATING A MEDICAL <-- 9 ADVISORY BOARD; providing for rules and regulations; <-- 10 PROVIDING FOR THE REGULATION OF PROFESSIONAL WRESTLING; 11 IMPOSING A TAX ON CERTAIN RECEIPTS THEREOF; AND ESTABLISHING <-- 12 A RESTRICTED ACCOUNT FOR SUCH RECEIPTS; AND MAKING <-- 13 APPROPRIATIONS. 14 TABLE OF CONTENTS 15 Chapter 1. Preliminary Provisions 16 Section 101. Short title. 17 Section 102. Definitions. 18 Section 103. Act not to apply to schools. 19 SECTION 104. STATE ATHLETIC COMMISSION. <-- 20 Chapter 3. Regulations of Boxing Contests and Exhibitions 21 Section 301. Power of department COMMISSION to control <--
1 boxing. 2 Section 302. Boxing regulated. 3 Section 303. Age of participants. 4 Section 304. Fictitious names. 5 Section 305. Physician to be in attendance. 6 Section 306. Medical training seminars. 7 Section 307. Register. 8 Section 308. Medical equipment. 9 Section 309. Suspension. 10 Section 310. Examinations. 11 Section 311. Weights and classes. 12 Section 312. Limitation on difference in weights. 13 Section 313. Gloves. 14 Section 314. Duration of boxing bouts; length of rounds. 15 Section 315. Attendance of referee and judges; scoring. 16 Section 316. Seconds. 17 Section 317. Duty of disclosure. 18 Section 318. Sham or collusive contest prohibited. 19 Section 319. Minimum purses for boxers. 20 Section 320. Distribution of purses to boxers; statements. 21 Section 321. Withholding of moneys. 22 Section 322. Hearing regarding withheld purse. 23 Section 323. Hearing, disposition of withheld purse. 24 Section 324. Payments regulated. 25 Section 325. Insurance. 26 Chapter 5. Safety Regulations 27 Section 501. Mandatory eight count. 28 Section 502. Knockout. 29 Section 503. Physician at knockout. 30 Section 504. Ring padding. 19870H1728B3944 - 2 -
1 Section 505. Boxer knocked unconscious. 2 Section 506. Boxer repeatedly knocked out. 3 Section 507. Six consecutive defeats. 4 Chapter 7. Licenses and Permits 5 Section 701. Power of department COMMISSION to issue, <-- 6 withhold, suspend or revoke licenses and permits. 7 Section 702. Promoters' licenses. 8 Section 703. Representative managers' licenses. 9 Section 704. Foreign copromoters to procure permits. 10 Section 705. Other licenses required. 11 Section 706. Permits required. 12 Section 707. Permits for amateurs. 13 Section 708. Restrictions. 14 Section 709. Permits not to be issued. 15 Section 710. Standards for the issuance of licenses and 16 permits. 17 Section 711. Duration of license. 18 Section 712. Applications for licenses and permits. 19 Section 713. Oral examinations. 20 Section 714. Fingerprints. 21 Section 715. License fees. 22 Section 716. Permit fees. 23 Section 717. Additional license fees; penalties. 24 CHAPTER 9. MEDICAL ADVISORY BOARD <-- 25 SECTION 901. CREATION. 26 SECTION 902. QUALIFICATIONS. 27 SECTION 903. COMPENSATION. 28 SECTION 904. POWERS AND DUTIES. 29 Chapter 9 11. Contracts, Advertising, Tickets and Spectators <-- 30 Section 901 1101. Department COMMISSION control <-- 19870H1728B3944 - 3 -
1 of contracts. 2 Section 902 1102. Contracts subject to law. <-- 3 Section 903 1103. Provisions in contracts between managers and <-- 4 professional boxers. 5 Section 904 1104. Approval of contracts. <-- 6 Section 905 1105. Tickets. <-- 7 Section 906 1106. Misdemeanor to destroy tickets. <-- 8 Section 907 1107. Ticket refunds. <-- 9 Section 908 1108. Advertising matter to state admission price. <-- 10 Section 909 1109. Admissions not to exceed seating capacity. <-- 11 Section 910 1110. Age of spectators. <-- 12 Chapter 11 13. Bonds <-- 13 Section 1101 1301. Promoters and foreign copromoters required to <-- 14 file bonds. 15 Section 1102 1302. Deposit in lieu of surety bond. <-- 16 Section 1103 1303. Filing fee. <-- 17 Section 1104 1304. Recovery on bond. <-- 18 Chapter 13 15. Hearings and Temporary Suspensions <-- 19 Section 1301 1501. Department hearings. <-- 20 Section 1302 1502. Subpoenas. <-- 21 Section 1303 1503. Temporary suspension of licenses or permits. <-- 22 Section 1304 1504. Suspension or revocation of licenses. <-- 23 Chapter 15 17. Penalties <-- 24 Section 1501 1701. Misdemeanors. <-- 25 Section 1502 1702. Departmental fines. <-- 26 Chapter 17 19. Miscellaneous Provisions FINANCIAL INTERESTS <-- 27 Section 1701 1901. Financial interest in boxer prohibited. <-- 28 Section 1702 1902. Financial interest in opponent prohibited. <-- 29 Section 1703 1903. Financial interest of matchmaker. <-- 30 Section 1704 1904. Fees, fines and forfeitures. <-- 19870H1728B3944 - 4 -
1 Section 1705 1905. Rules and regulations. <-- 2 CHAPTER 19 21. PROFESSIONAL WRESTLING <-- 3 SECTION 1901 2101. DEFINITIONS. <-- 4 SECTION 1902 2102. PROMOTER'S BONDING REQUIREMENTS. <-- 5 SECTION 1903 2103. ADMISSIONS GROSS RECEIPTS TAX. <-- 6 SECTION 1904 2104. PHYSICIAN TO BE IN ATTENDANCE. <-- 7 SECTION 1905 2105. AMBULANCE AVAILABLE. <-- 8 SECTION 1906 2106. CROWD CONTROL. <-- 9 SECTION 1907 2107. OFFENSES. <-- 10 SECTION 1908 2108. ENFORCEMENT. <-- 11 SECTION 1909 2109. PENALTIES. <-- 12 CHAPTER 21 23. PROHIBITED COMPETITIONS <-- 13 SECTION 2101 2301. PROHIBITED COMPETITIONS. <-- 14 CHAPTER 31. MISCELLANEOUS PROVISIONS 15 Section 1706 3101. Repeals. <-- 16 Section 1707 3102. Transfer of functions, records, etc. <-- 17 SECTION 3102. REESTABLISHMENT UNDER SUNSET ACT. <-- 18 Section 1708 3103. Status of existing licenses. <-- 19 Section 1709 3104. Effect of prior rules and regulations. <-- 20 Section 1710 3105. Saving clause. <-- 21 Section 1711 3106. Effective date. <-- 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 CHAPTER 1 25 PRELIMINARY PROVISIONS 26 Section 101. Short title. 27 This act shall be known and may be cited as the Pennsylvania <-- 28 Boxing ATHLETIC Code. <-- 29 Section 102. Definitions. 30 The following words and phrases when used in CHAPTERS 1 <-- 19870H1728B3944 - 5 -
1 THROUGH 17 19 OF this act shall have the meanings given to them <-- 2 in this section unless the context clearly indicates otherwise: 3 "Amateur." A person who has never received nor competed for 4 any purse or other article of value, either for participating in 5 any boxing contest or exhibition, or for the expenses of 6 training therefor other than a prize which does not exceed $50 7 in value. 8 "Boxing." The act of attack and defense with the fists, 9 practiced as a sport, subject to rules adopted by the department <-- 10 COMMISSION. The term includes all variations of the sport <-- 11 permitting or using other parts of the human body, including, 12 but not limited to, the foot, knee, leg, elbow or head. 13 "COMMISSION." THE STATE ATHLETIC COMMISSION. <-- 14 "Contest." An engagement in which the boxers strive 15 earnestly in good faith to win. 16 "Department." The Department of Health STATE of the <-- 17 Commonwealth. 18 "EXECUTIVE DIRECTOR." THE EXECUTIVE DIRECTOR OF THE STATE <-- 19 ATHLETIC COMMISSION. 20 "Exhibition." An engagement in which the participants BOXERS <-- 21 show 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 19870H1728B3944 - 6 -
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 or the Department of Corrections when all the 25 participants are students regularly enrolled in such 26 institutions or inmates confined within a State or county 27 correctional facility. 28 SECTION 104. STATE ATHLETIC COMMISSION. <-- 29 (A) CONTINUATION.--THE FORMER STATE ATHLETIC COMMISSION 30 ESTABLISHED BY THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN 19870H1728B3944 - 7 -
1 AS THE ADMINISTRATIVE CODE OF 1929, IS CONTINUED AS A 2 DEPARTMENTAL ADMINISTRATIVE BOARD WITHIN THE DEPARTMENT OF 3 STATE. 4 (B) COMPOSITION.--THE COMMISSION SHALL CONSIST OF THREE 5 MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE 6 AND CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE 7 AND THE SECRETARY OF THE COMMONWEALTH, EX OFFICIO. 8 (C) TERMS.--THE TERMS OF EACH MEMBER OF THE COMMISSION SHALL 9 BE FOUR YEARS OR UNTIL A SUCCESSOR HAS BEEN APPOINTED AND 10 QUALIFIED, BUT NO LONGER THAN SIX MONTHS BEYOND THE FOUR-YEAR 11 PERIOD. IN THE EVENT THAT ANY OF THE MEMBERS SHALL DIE OR RESIGN 12 OR OTHERWISE BECOME DISQUALIFIED DURING HIS OR HER TERM, A 13 SUCCESSOR SHALL BE APPOINTED IN THE SAME WAY AND SHALL HOLD 14 OFFICE FOR THE UNEXPIRED TERM. NO MEMBER SHALL BE ELIGIBLE FOR 15 APPOINTMENT TO SERVE MORE THAN TWO CONSECUTIVE TERMS. 16 (D) QUORUM.--A MAJORITY OF THE MEMBERS OF THE COMMISSION 17 SERVING IN ACCORDANCE WITH THE LAW SHALL CONSTITUTE A QUORUM FOR 18 PURPOSES OF CONDUCTING THE BUSINESS OF THE COMMISSION. 19 (E) CHAIRMAN.--THE COMMISSION SHALL SELECT ANNUALLY A 20 CHAIRMAN FROM AMONG ITS MEMBERS. 21 (F) EXECUTIVE DIRECTOR.--THE SECRETARY OF THE COMMONWEALTH 22 MAY, WITH THE APPROVAL OF THE COMMISSION, APPOINT AN EXECUTIVE 23 DIRECTOR WHO SHALL RECEIVE A SALARY TO BE FIXED BY THE SECRETARY 24 WITH THE APPROVAL OF THE COMMISSION. THE COMMISSIONER SHALL 25 SERVE AT THE PLEASURE OF THE SECRETARY. 26 (G) AGENTS.--THE COMMISSION MAY APPOINT SUCH NUMBER OF 27 AGENTS AS SHALL BE APPROVED BY THE SECRETARY OF THE 28 COMMONWEALTH, WHOSE COMPENSATION SHALL BE FIXED BY THE 29 SECRETARY, WITH THE APPROVAL OF THE COMMISSION. 30 (H) SALARY AND EXPENSES.--EACH MEMBER OF THE COMMISSION, 19870H1728B3944 - 8 -
1 EXCEPT THE SECRETARY OF THE COMMONWEALTH AND THE CHAIRMAN, SHALL
2 RECEIVE A SALARY OF $12,000 PER ANNUM. MEMBERS SHALL ALSO
3 RECEIVE THE AMOUNT OF REASONABLE TRAVELING, HOTEL AND OTHER
4 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES
5 IN ACCORDANCE WITH COMMONWEALTH REGULATIONS.
6 (I) SUNSET.--THE COMMISSION IS SUBJECT TO EVALUATION, REVIEW
7 AND TERMINATION WITHIN THE TIME AND IN THE MANNER PROVIDED IN
8 THE ACT OF DECEMBER 22, 1981 (P.L.508, NO.142), KNOWN AS THE
9 SUNSET ACT.
10 (J) FORFEITURE.--A MEMBER OF THE COMMISSION WHO FAILS TO
11 ATTEND THREE CONSECUTIVE MEETINGS SHALL FORFEIT HIS OR HER SEAT
12 UNLESS THE SECRETARY OF THE COMMONWEALTH, UPON WRITTEN REQUEST
13 FROM THE MEMBER, FINDS THAT THE MEMBER SHOULD BE EXCUSED FROM A
14 MEETING BECAUSE OF ILLNESS OR THE DEATH OF A FAMILY MEMBER.
15 (K) MEETINGS.--THE COMMISSION SHALL MEET AT LEAST ONCE EVERY
16 THREE MONTHS AND AT SUCH ADDITIONAL TIMES AS MAY BE NECESSARY TO
17 CONDUCT THE BUSINESS OF THE COMMISSION.
18 (L) CURRENT MEMBERS.--THE PRESENTLY CONFIRMED MEMBERS OF THE
19 STATE ATHLETIC COMMISSION CONSTITUTED UNDER SECTION 427 OF THE
20 ADMINISTRATIVE CODE OF 1929, SHALL CONTINUE TO SERVE AS MEMBERS
21 OF THE STATE ATHLETIC COMMISSION UNTIL THEIR PRESENT TERMS OF
22 OFFICE EXPIRE, PROVIDED THAT ANY PRESENT COMMISSION MEMBER WHOSE
23 TERM HAS EXPIRED ON OR BEFORE THE EFFECTIVE DATE OF THIS ACT
24 SHALL SERVE UNTIL A SUCCESSOR HAS BEEN APPOINTED AND QUALIFIED,
25 BUT NO LONGER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS
26 ACT.
27 CHAPTER 3
28 REGULATIONS OF BOXING CONTESTS AND EXHIBITIONS
29 Section 301. Power of department COMMISSION to control boxing. <--
30 Except as provided in section 103, except such contests and
19870H1728B3944 - 9 -
1 exhibitions as are specifically exempted from the provisions of 2 this act, the department COMMISSION is hereby granted sole <-- 3 direction, control and jurisdiction over all amateur and 4 professional boxing contests and exhibitions or any variations 5 thereof held within this Commonwealth. 6 Section 302. Boxing regulated. 7 Amateur or professional boxing contests or exhibitions, 8 including kick boxing, shall be held within this Commonwealth 9 only in accordance with the provisions of this act and the rules 10 and regulations promulgated hereunder. The contests or 11 exhibitions may be held on Sundays. 12 Section 303. Age of participants. 13 (a) General rule.--No person 18 years of age or under UNDER <-- 14 THE AGE OF 18 shall be a participant in any boxing contest or 15 exhibition. 16 (b) Exception.-- 17 (1) Any person between 12 and 17 years of age may 18 participate in amateur boxing contests or exhibitions under 19 such rules and regulations as the department COMMISSION shall <-- 20 prescribe. 21 (2) Persons under 18 years of age may participate after 22 obtaining written permission from a parent or legal guardian, 23 as well as consent by the department COMMISSION. <-- 24 (3) Persons 12 to 16 years of age may only participate 25 in such contests with persons not more than one year older. 26 (c) Junior olympics.--The limitations set forth in 27 subsections (a) and (b) shall not apply to sanctioned boxing 28 events for the junior olympics under the direction of a national 29 governing organization certified by the department COMMISSION. <-- 30 For purposes of the junior olympic events, participants, with 19870H1728B3944 - 10 -
1 the written permission of a parent or legal guardian, may box 2 only in the following age divisions: 3 (1) Ten and eleven years of age. 4 (2) Twelve and thirteen years of age. 5 (3) Fourteen and fifteen years of age. 6 Under no circumstances shall any participant take part in any 7 event outside of the approved division for such age group. 8 Section 304. Fictitious names. 9 No person shall participate in any amateur boxing contest or 10 exhibition under a fictitious or assumed name, unless such 11 fictitious or assumed name has first been registered with the 12 department COMMISSION. <-- 13 Section 305. Physician to be in attendance. 14 A physician shall be assigned to every boxing contest or 15 exhibition by the department EXECUTIVE DIRECTOR. The physician <-- 16 shall observe and continue to observe the physical condition of 17 the participants and is authorized to stop any contest or 18 exhibition at any time to examine a contestant and to terminate 19 a bout when, in the judgment of the physician, severe injury 20 could result to a contestant if the contest or exhibition were 21 to continue. The department COMMISSION shall establish by rule <-- 22 or regulation a schedule of fees to be paid to physicians for 23 their services. The physician's fee shall be paid by the 24 promoter of the contest or exhibition attended by the physician. 25 Section 306. Medical training seminars. 26 The department COMMISSION shall conduct frequent mandatory <-- 27 medical training seminars at least three times a year for all 28 ring personnel, department COMMISSION personnel and other <-- 29 designated persons employed by the department COMMISSION. <-- 30 Section 307. Register. 19870H1728B3944 - 11 -
1 The department EXECUTIVE DIRECTOR shall establish and <-- 2 maintain a register for all professional boxers licensed in this 3 Commonwealth. The register shall include a photograph of the 4 boxer. In the register, the department EXECUTIVE DIRECTOR shall <-- 5 record the results of each boxing contest or exhibition the 6 boxer is involved in, including technical knockouts, knockouts 7 and other boxing-related injuries, as well as the dates of each 8 contest or exhibition and the record of wins and losses. 9 Section 308. Medical equipment. 10 No professional or amateur boxing event shall be started 11 unless there is on the premises: 12 (1) An ambulance, together with emergency equipment. 13 (2) A portable resuscitator with oxygen and appropriate 14 endotracheal tubes and a qualified operator. 15 Section 309. Suspension. 16 For sound medical reasons and to protect the individual 17 boxers, the department COMMISSION shall establish mandatory <-- 18 license suspensions of those persons who sustain certain 19 injuries. The department COMMISSION may suspend a boxer's <-- 20 license for up to: 21 (1) Sixty days for a laceration of the face. 22 (2) Thirty days for a technical knockout with minor 23 injuries. 24 (3) Forty-five days for head injuries. 25 (4) Ninety days for a boxer receiving a knockout. Such 26 boxer shall receive an EEG within 24 hours of the knockout. 27 Section 310. Examinations. 28 (a) Prefight physical.-- 29 (1) In addition to any other examination required by 30 this act or the rules and regulations promulgated hereunder, 19870H1728B3944 - 12 -
1 each boxer must be examined by the attending physician within 2 two hours before he enters the ring. If, in the opinion of 3 the physician, any boxer is physically or mentally unfit to 4 proceed, the physician shall notify the person in charge, who 5 shall immediately cancel the contest or exhibition. 6 (2) This required examination shall conform to the rules 7 and regulations promulgated by the department COMMISSION <-- 8 PURSUANT TO THE ADVICE OF THE MEDICAL ADVISORY BOARD. 9 (b) Postfight physical.--In addition to the examination 10 required in this act, every boxer shall be examined by a 11 physician designated by the department COMMISSION during the <-- 12 five days following every contest or exhibition in which he was 13 a participant. Such examination shall be performed at the 14 expense of the promoter. 15 (c) Filing of results of physicals.--The results of the 16 examinations required by this section shall be reduced to 17 writing by the physician, signed by him and filed with the 18 department EXECUTIVE DIRECTOR within 48 hours after they have <-- 19 been performed. 20 Section 311. Weights and classes. 21 The department COMMISSION shall establish classes of boxers <-- 22 by rules and regulations promulgated under this act. Such 23 classes shall be based upon weights. 24 Section 312. Limitation on difference in weights. 25 No contest or exhibition shall be lawful in which the 26 difference in weight of the participants exceeds ten pounds. 27 This limitation shall not apply to contests or exhibitions 28 between participants in the light-heavyweight and heavyweight 29 classes, as defined by the department COMMISSION, nor to <-- 30 exhibitions held solely for training purposes. 19870H1728B3944 - 13 -
1 Section 313. Gloves. 2 The appropriate weight boxing gloves shall be worn by boxers 3 as follows: 4 (1) One hundred thirty-five pounds or under, THUMBLESS <-- 5 boxing gloves weighing not less than five ounces each. 6 (2) Over 135 pounds but not exceeding 160 pounds, 7 THUMBLESS boxing gloves weighing not less than six ounces <-- 8 each. 9 (3) Over 160 pounds, THUMBLESS boxing gloves weighing <-- 10 not less than ten ounces each. 11 Section 314. Duration of boxing bouts; length of rounds. 12 (a) Length of contest.--No boxing contest or exhibition 13 shall be more than 15 rounds in length. 14 (b) Duration of round.--No round shall be more than three 15 minutes in duration. 16 (c) Mandatory rest period.--There shall be at least a one 17 minute rest between consecutive rounds. 18 (d) Limitation on participation.--No boxer shall participate 19 in, nor be scheduled to participate in, more than 15 rounds 20 within 72 consecutive hours. 21 (e) Limitation on rounds.--The department COMMISSION may, in <-- 22 respect to any contest or exhibition or in respect to any class 23 of participants, limit the number of rounds in a contest or 24 exhibition to less than the maximum of 15 rounds. 25 Section 315. Attendance of referee and judges; scoring. 26 (a) Referee.--At each professional boxing contest or 27 exhibition, except an exhibition held solely for training 28 purposes, there shall be in attendance, at the expense of the 29 promoter, a duly licensed referee designated by the department <-- 30 EXECUTIVE DIRECTOR, who shall direct and control the contest or <-- 19870H1728B3944 - 14 -
1 exhibition. 2 (b) Judges.--There shall also be in attendance at every 3 boxing contest, at the expense of the promoter, two THREE <-- 4 licensed judges, each of whom shall, together with the referee, <-- 5 render his individual decision, in writing, on a scorecard 6 supplied by the department EXECUTIVE DIRECTOR at the end of <-- 7 every boxing contest which continues for the scheduled number of 8 rounds. Each judge and the referee shall have one vote, and a <-- 9 majority of the votes cast shall determine the winner. 10 (c) Scoring.--The department COMMISSION shall by rule or <-- 11 regulation prescribe the methods of scoring. 12 Section 316. Seconds. 13 Before the start of any boxing contest or exhibition, the 14 referee shall ascertain from each participant the name of the 15 chief second. The chief second shall be held responsible for the 16 conduct of his assistants during the contest or exhibition. 17 Section 317. Duty of disclosure. 18 Every licensee shall, immediately after learning thereof, 19 disclose to the department COMMISSION, or to the official in <-- 20 charge or the attending physician or referee if one of these 21 persons is in attendance at any contest or exhibition, all 22 knowledge or information in his possession concerning any mental 23 or physical disability, injury, illness or incapacity of any 24 boxer. 25 Section 318. Sham or collusive contest prohibited. 26 (a) General rule.--No licensee or other person shall 27 knowingly conduct, give, participate in or be in any way 28 connected with any sham or collusive boxing contest. 29 (b) Reports.--Any licensee who knows or has reason to 30 suspect that a boxing contest is, was or is going to be a sham 19870H1728B3944 - 15 -
1 or collusive contest shall have a duty to promptly report this 2 to the department COMMISSION or a representative thereof. Such a <-- 3 report shall be in writing or, if oral, shall be reduced to 4 writing and shall contain all of the reporter's reasons for the 5 conclusions set forth in his report. 6 (c) Definition.--A sham or collusive contest is one in which 7 one or both of the participants does not use his best efforts 8 and skill or does not strive earnestly in good faith to win. It 9 includes, but is not limited to, any pseudo contest, the result 10 of which has been prearranged or any pseudo contest in which 11 either participant does not, is not going to, or is unable to 12 use or is prevented from using his best efforts and skill as a 13 result of coercion, bribery, duress, threats, reward or promise 14 thereof, physical incapacity or disability, suggestion or 15 agreement, or any other improper or unlawful means. 16 (d) Penalty.--A violation of this section shall constitute a 17 misdemeanor of the third degree. 18 Section 319. Minimum purses for boxers. 19 No purse less than $25 shall be paid by the promoter to any 20 professional boxer for any contest or exhibition, other than a 21 training exhibition. 22 Section 320. Distribution of purses to boxers; statements. 23 (a) Promoter distribution.--Unless otherwise directed by the 24 department EXECUTIVE DIRECTOR, all boxing purses shall be <-- 25 distributed by the promoter not later than 24 hours after the 26 conclusion of the contest or exhibition for which the purse is 27 being paid. A written statement showing the distribution of the 28 purse, including each item of receipt and each expenditure or 29 deduction, shall be furnished to the boxer and his manager, 30 together with his share of the purse, and a copy thereof 19870H1728B3944 - 16 -
1 certified by the promoter to be true and correct shall be filed 2 in the office of the department COMMISSION. Receipted vouchers <-- 3 for every expenditure or deduction shall be attached to the copy 4 filed with the department COMMISSION. <-- 5 (b) Manager distribution.--Unless otherwise directed by the 6 department EXECUTIVE DIRECTOR, every manager shall furnish a <-- 7 statement of distribution to the boxer he manages, together with 8 the boxer's share of the purse, not later than 24 hours after he 9 receives the purse and statement from the promoter. A copy 10 thereof, certified by the manager to be true and correct, shall 11 be filed in the office of the department COMMISSION, and it <-- 12 shall have attached to it receipted vouchers for every 13 expenditure or deduction made by the manager. 14 Section 321. Withholding of moneys. 15 (a) General rule.--The department EXECUTIVE DIRECTOR shall <-- 16 have the power to order the promoter to withhold any purse, or 17 any part thereof, or any receipts or other funds belonging to or 18 payable to any contestant or for which any contestant is 19 competing or of any manager's share of, if it should appear that 20 such contestant is not competing honestly or is intentionally 21 not competing to the best of his ability and skill, or if it 22 should appear that the contestant, his manager or any of his 23 seconds has violated any provision of this act or the rules and 24 regulations promulgated under this act. 25 (b) Escrow.--The department COMMISSION shall have the power <-- 26 to order that the gross receipts shall be withheld and placed in 27 escrow if it should appear that the act has been violated. 28 Section 322. Hearing regarding withheld purse. 29 (a) Delivery to department COMMISSION.--Any purse, or <-- 30 portion thereof, so withheld shall be delivered by the promoter 19870H1728B3944 - 17 -
1 to the department COMMISSION within 48 hours after the end of <-- 2 the contest. 3 (b) Request for hearing.--Within ten days after the end of 4 the contest, the licensee from whom the sum was withheld shall 5 have the right to apply in writing to the department COMMISSION <-- 6 for a hearing. Upon receipt of such application, the department <-- 7 COMMISSION shall fix a date for a hearing. <-- 8 Section 323. Hearing, disposition of withheld purse. 9 (a) General rule.--Within a reasonable time after the 10 hearing or after the expiration of ten days following the 11 contest, if no application for a hearing is filed, the 12 department COMMISSION shall determine the disposition to be made <-- 13 of the withheld purse. 14 (b) Withholding.--If the department COMMISSION finds the <-- 15 charge or charges upon which the withholding order was based to 16 be true and to be sufficient lawful reason upon which to base 17 such an order, it may, in its discretion, declare the funds 18 withheld, or any part thereof, forfeited. 19 (c) Distribution.--If the department COMMISSION finds the <-- 20 charge or charges to be untrue or not to be sufficient lawful 21 reason upon which to base a withholding order, it shall 22 distribute the withheld funds to the persons entitled thereto. 23 Section 324. Payments regulated. 24 (a) General rule.--No promoter or foreign copromoter shall 25 pay, lend or give any money to a contestant before any boxing 26 contest as an advance against his purse or for a similar 27 purpose. A promoter may, with the prior written permission of 28 the department EXECUTIVE DIRECTOR, pay or advance to a <-- 29 contestant necessary expenses for transportation and maintenance 30 in preparation for a contest. 19870H1728B3944 - 18 -
1 (b) Forfeiture of purse.--If a contestant's purse is 2 forfeited, the department EXECUTIVE DIRECTOR may include such <-- 3 payments or advances as part of the forfeiture, and, if he does 4 not forward such amount to the department COMMISSION, it may be <-- 5 recovered in the same manner as a debt due the Commonwealth. 6 Section 325. Insurance. 7 The department COMMISSION may, by rules and regulations, <-- 8 require licensed boxers to be covered by insurance for: 9 (1) Medical, surgical and hospital care resulting from 10 injuries sustained while preparing for or engaged in boxing 11 contests or exhibitions with the insured being the 12 beneficiary of such policies. 13 (2) Life, providing for payments to the estates or 14 beneficiaries of deceased boxers where death was caused by 15 injuries received while preparing for or engaged in boxing 16 contests or exhibitions. 17 The premiums for such insurance shall be paid by the insured's 18 manager. 19 CHAPTER 5 20 SAFETY REGULATIONS 21 Section 501. Mandatory eight count. 22 Whenever a boxer is knocked down, the boxer shall be required 23 to take a count of eight. The referee shall not permit the 24 contest or exhibition to be resumed until the count of eight has 25 actually been reached, except in professional championship 26 boxing contests and exhibitions. 27 Section 502. Knockout. 28 When a boxer is actually knocked out, the referee shall count 29 to ten, and shall not stop the count earlier and record a 30 technical knockout. 19870H1728B3944 - 19 -
1 Section 503. Physician at knockout. 2 When a boxer has been knocked out, no one shall touch him, 3 except to remove his mouth protector, until after the attending 4 physician has entered the ring and issued such instructions as 5 he deems necessary. 6 Section 504. Ring padding. 7 All ring padding shall be subject to approval of the 8 department COMMISSION. All padding shall be of soft felt, foam <-- 9 rubber or similar material and shall be at least two inches <-- 10 thick. ENSOLITE AAC OR AL CLOSED CELL FOAM RUBBER OR OTHER <-- 11 CHEMICAL EQUIVALENT. 12 Section 505. Boxer knocked unconscious. 13 A boxer who has been knocked unconscious or who has received 14 a concussion shall not be allowed to box again for 90 days, and 15 then only after having been pronounced fit after a thorough 16 physical examination by a physician. 17 Section 506. Boxer repeatedly knocked out. 18 A boxer who has been knocked out or severely beaten shall be 19 retired and not permitted to box again if, after subjecting him 20 to a thorough examination by a physician, the department <-- 21 COMMISSION decides such action is necessary in order to protect <-- 22 the health and welfare of the boxer. 23 Section 507. Six consecutive defeats. 24 A boxer who has suffered six consecutive defeats shall be 25 investigated by the department COMMISSION and examined by a <-- 26 physician. 27 CHAPTER 7 28 LICENSES AND PERMITS 29 Section 701. Power of department COMMISSION to issue, withhold, <-- 30 suspend or revoke licenses and permits. 19870H1728B3944 - 20 -
1 The department COMMISSION is hereby granted sole control, <-- 2 authority and jurisdiction to issue, withhold, suspend or revoke 3 any license 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 COMMISSION. A violation of this section shall <-- 9 constitute a 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 COMMISSION the name of each boxer <-- 14 whom he represents, together with a written consent from each 15 such boxer and his manager authorizing him to transact business 16 for such manager or boxer or to act as or for the manager of 17 such boxer. 18 (b) Presumption.--Every person other than the manager of a 19 professional boxer who performs any of the acts usually 20 performed by the manager or who aids, assists or substitutes for 21 the manager or who uses a licensed manager to conceal his own 22 actions as a manager shall be considered a representative 23 manager. 24 (c) Penalty.--A violation of this section shall constitute a 25 misdemeanor of the third degree. 26 Section 704. Foreign copromoters to procure permits. 27 (a) General rule.--No foreign copromoter shall directly or 28 indirectly participate in the promotion of or receive any 29 remuneration from or render any services in connection with any 30 professional boxing contest or exhibition held within this 19870H1728B3944 - 21 -
1 Commonwealth unless he has first been granted a permit therefor 2 by the department COMMISSION. No promoter shall be associated <-- 3 with any foreign copromoter in promoting any contest or 4 exhibition unless the foreign copromoter has first secured a 5 permit. A foreign copromoter by accepting a permit agrees to be 6 subject to all the provisions of this act and the rules and 7 regulations promulgated under this act. 8 (b) Penalty.--A violation of this section shall constitute a 9 misdemeanor of the third degree. 10 Section 705. Other licenses required. 11 (a) Other licenses.--No professional boxer, manager, second, 12 trainer, matchmaker, timekeeper, referee, judge, announcer, 13 physician, booking agent or agency or representative of a 14 booking agent or agency shall directly or indirectly act in such 15 capacity in connection with any professional boxing contest or 16 exhibition unless he has first procured a license to act in such 17 a capacity from the department COMMISSION. <-- 18 (b) Penalty.--A violation of this section shall constitute a 19 misdemeanor of the third degree. 20 Section 706. Permits required. 21 In addition to the promoter's license, each promoter shall be 22 required to procure a permit for each program of contests or 23 exhibitions before presenting that program. Each application for 24 a permit shall specify the premises where and time when the 25 program is to be held. 26 Section 707. Permits for amateurs. 27 (a) Permit required.--Except as otherwise provided in this 28 act, no amateur boxing contest or exhibition shall be held 29 without a permit having been first secured from the department <-- 30 COMMISSION. <-- 19870H1728B3944 - 22 -
1 (b) Eligibility.--Permits for amateur boxing contests or 2 exhibitions shall be issued only to bona fide recognized amateur 3 athletic associations, nonprofit organizations or other groups 4 or individuals approved by the department COMMISSION. <-- 5 (c) Miscellaneous.--Permits under this section may be issued 6 for a single contest or exhibition, a series of contests or 7 exhibitions, or for a period not exceeding one year. The 8 department COMMISSION may issue amateur permits without charging <-- 9 any fee or for a fee of $5 per permit. 10 Section 708. Restrictions. 11 No officer, director, stockholder or employee of a licensed 12 promoter shall have any other interest in any professional boxer 13 or professional contests or exhibitions except as a matchmaker. 14 Section 709. Permits not to be issued. 15 No permit shall be issued for the holding of any boxing 16 contest or exhibition within any political subdivision of this 17 Commonwealth which has adopted, or which adopts, any local 18 ordinance or resolution prohibiting such contests or exhibitions 19 within its limits. 20 Section 710. Standards for the issuance of licenses and 21 permits. 22 (a) Consideration.--In determining whether to issue or renew 23 any license or permit, the department COMMISSION shall consider <-- 24 the best interest and welfare of the public, the preservation of 25 the safety and health of participants and the best interests of 26 boxing generally. 27 (b) Prerequisites.--Before being granted any permit or 28 license, the applicant must establish that the applicant is: 29 (1) Of a good moral character. 30 (2) Of good reputation. 19870H1728B3944 - 23 -
1 (3) Physically fit and mentally sound. 2 (4) Skilled in his profession. 3 (5) Of requisite age and experience. 4 (6) Not addicted to the intemperate use of alcohol or to 5 the use of narcotic drugs. 6 In the case of a corporate applicant, these factors shall be 7 considered with reference to its officers, directors, employees 8 and principal stockholders. 9 Section 711. Duration of license. 10 Each license issued under this act shall expire on December 11 31 next following the date on which it was issued. 12 Section 712. Applications for licenses and permits. 13 Every application for a license or a permit shall: 14 (1) Be in writing on a form supplied by the department <-- 15 COMMISSION. <-- 16 (2) Be verified by the applicant. 17 (3) Set forth such information and have attached thereto 18 such photographs and other exhibits as are required by this 19 act, the rules and regulations promulgated under this act, 20 and the form of application. 21 Section 713. Oral examinations. 22 The department COMMISSION shall have the right to require any <-- 23 applicant for a license or permit, or in the case of a corporate 24 applicant, any officer, director, employee or stockholder 25 thereof, to appear before the department COMMISSION for an oral <-- 26 examination, under oath, as to qualifications of the applicant 27 before taking actions on that application. 28 Section 714. Fingerprints. 29 The department COMMISSION shall have taken, in duplicate, the <-- 30 fingerprints of each applicant for a license or permit or, in 19870H1728B3944 - 24 -
1 the case of a corporate applicant, of such of its officers, 2 directors, employees or stockholders as the department <-- 3 COMMISSION may require. One set of fingerprints shall be filed <-- 4 in the Harrisburg office of the Pennsylvania State Police and 5 the other set shall be filed in the department COMMISSION. <-- 6 Section 715. License fees. 7 The annual license fees which shall accompany each 8 application for a license or the renewal of a license shall be 9 fixed by departmental COMMISSION regulation. The department <-- 10 COMMISSION may issue licenses without fees to referees and <-- 11 physicians authorizing them to officiate only at boxing contests 12 or exhibitions between amateurs. 13 Section 716. Permit fees. 14 (a) General rule.--The required fees, based upon the seating 15 capacity of the premises where the program is to be presented, 16 shall accompany each application for a permit to present a 17 program of contests or exhibitions. The amount of the fee shall 18 be fixed by departmental COMMISSION regulation. <-- 19 (b) Foreign copromoter permit.--The fee for the issuance of 20 a foreign copromoter's permit for each program of contests or 21 exhibitions shall be fixed by departmental COMMISSION <-- 22 regulation. 23 Section 717. Additional license fees; penalties. 24 (a) Gross receipts fees.--In addition to the payment of any 25 other fees and moneys due under this act, every promoter shall 26 pay an additional license fee of 5% of the total gross receipts 27 of any boxing contest or exhibition, exclusive of any Federal 28 tax or any tax imposed by any political subdivision of this 29 Commonwealth which was paid thereon. For the purposes of this 30 section, total gross receipts of every promoter upon which the 19870H1728B3944 - 25 -
1 5% is to be computed shall include the gross price chargeable 2 for the sale, lease or other exploitation of broadcasting, 3 television and motion picture rights of such contest or 4 exhibition without any deductions whatsoever for commissions, 5 brokerage fees, distribution fees, advertising or other expenses 6 or charges in respect thereto. Gross receipts, for the purposes 7 of this section, shall also include the face value of all 8 tickets sold and complimentary tickets issued. 9 (b) Time period for payment.--The payment of the additional 10 license fee provided for in this section shall be made within 48 11 hours after the contest or exhibition and shall be accompanied 12 by a form prescribed by the Department of Revenue setting forth 13 the gross receipts received from the contest or exhibition, 14 together with such other information as the Department of 15 Revenue may require. 16 (c) Collection of fee.--The additional license fee provided 17 for in this section shall be collected by the department <-- 18 COMMISSION and transmitted to the Department of Revenue, <-- 19 together with the reports filed therewith. 20 (d) Penalties.-- 21 (1) Any promoter who willfully makes a false and 22 fraudulent report under this section commits perjury, and 23 shall, upon conviction, be subject to punishment as provided 24 by law. Such penalty shall be in addition to any other 25 penalties imposed by this act. 26 (2) Any promoter who willfully fails, neglects or 27 refuses to make a report, or to pay the license fees as 28 herein prescribed, or who refuses to permit the department <-- 29 COMMISSION to examine the books, papers and records of any <-- 30 promotion commits a misdemeanor of the third degree. 19870H1728B3944 - 26 -
1 CHAPTER 9 <-- 2 MEDICAL ADVISORY BOARD 3 SECTION 901. CREATION. 4 A MEDICAL ADVISORY BOARD IS HEREBY CREATED TO ASSIST THE 5 COMMISSION. IT SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY 6 THE GOVERNOR, WITHOUT THE ADVICE AND CONSENT OF THE SENATE, 7 SEVEN OF WHOM SHALL BE PHYSICIANS LICENSED TO PRACTICE MEDICINE 8 IN THIS COMMONWEALTH AND TWO OF WHOM SHALL BE PHYSICIANS 9 LICENSED TO PRACTICE OSTEOPATHY OR OSTEOPATHIC SURGERY IN THIS 10 COMMONWEALTH. THE SAID MEMBERS SHALL BE APPOINTED FROM A FULL 11 LIST OF THE MEMBERS IN GOOD STANDING OF THE MEDICAL SOCIETY OF 12 THE STATE OF PENNSYLVANIA AND OF THE PENNSYLVANIA OSTEOPATHIC 13 ASSOCIATION, WHICH LIST SHALL BE FURNISHED TO THE GOVERNOR BY 14 THE PRESIDENT AND SECRETARY OF THE RESPECTIVE SOCIETIES 15 ANNUALLY. OF THE INITIAL MEMBERS OF THE BOARD, THREE SHALL BE 16 APPOINTED FOR TERMS OF ONE YEAR, TWO FOR TERMS OF TWO YEARS, TWO 17 FOR TERMS OF THREE YEARS, AND TWO FOR TERMS OF FOUR YEARS. THE 18 GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS OF THE BOARD AS ITS 19 CHAIRMAN. THE TERM OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO 20 FILL A VACANCY, SHALL BE FOUR YEARS. 21 SECTION 902. QUALIFICATIONS. 22 EACH MEMBER OF THE MEDICAL ADVISORY BOARD SHALL HAVE BEEN 23 ENGAGED IN THE PRACTICE OF HIS RESPECTIVE PROFESSION FOR A 24 PERIOD OF AT LEAST FIVE YEARS. 25 SECTION 903. COMPENSATION. 26 EACH MEMBER OF THE MEDICAL ADVISORY BOARD SHALL BE PAID $35 27 PER DIEM, PLUS REASONABLE AND NECESSARY TRAVELING AND OTHER 28 EXPENSES INCURRED BY HIM IN THE PERFORMANCE OF HIS DUTIES. 29 SECTION 904. POWERS AND DUTIES. 30 THE MEDICAL ADVISORY BOARD SHALL PREPARE AND SUBMIT TO THE 19870H1728B3944 - 27 -
1 COMMISSION FOR ITS APPROVAL, STANDARDS FOR THE PHYSICAL AND 2 MENTAL EXAMINATION OF BOXERS WHICH SHALL SAFEGUARD THEIR HEALTH. 3 NO STANDARD SHALL BECOME EFFECTIVE UNTIL APPROVED BY THE 4 COMMISSION. THE BOARD SHALL RECOMMEND TO THE COMMISSION 5 PHYSICIANS TO BE LICENSED WHO ARE QUALIFIED TO MAKE THE 6 EXAMINATIONS OF BOXERS REQUIRED BY THIS ACT. IT SHALL FURTHER 7 PERFORM SUCH OTHER DUTIES AS THE COMMISSION MAY DIRECT. 8 CHAPTER 9 11 <-- 9 CONTRACTS, ADVERTISING, TICKETS AND SPECTATORS 10 Section 901 1101. Department COMMISSION control of contracts. <-- 11 The department COMMISSION is required to promulgate rules and <-- 12 regulations governing the form and content of all contracts 13 entered into between or among promoters and foreign copromoters 14 and professional boxers and managers and all contracts between 15 managers and professional boxers. All contracts required under 16 the provisions of this act shall be in writing. 17 Section 902 1102. Contracts subject to law. <-- 18 Every contract subject to the provisions of this chapter 19 shall contain the following clause: 20 This agreement is subject to the provisions of this act 21 and to the rules and regulations of the Department of <-- 22 Health STATE ATHLETIC COMMISSION, and to any future <-- 23 amendments of either of them. 24 Section 903 1103. Provisions in contracts between managers and <-- 25 professional boxers. 26 (a) General provisions.--Every contract between a manager 27 and a professional boxer shall contain provisions governing its 28 duration, division of the boxer's purses and the minimum sum to 29 be guaranteed annually to the boxer by the manager. 30 (b) Termination of contract.--Each contract shall further 19870H1728B3944 - 28 -
1 provide that the contract shall be automatically terminated if 2 the license of either party is revoked by the department <-- 3 COMMISSION or if the manager fails to renew his license within <-- 4 30 days after its expiration. If the license of either party is 5 suspended, the contract shall not be binding upon the other 6 party during the period of such suspension. 7 Section 904 1104. Approval of contracts. <-- 8 No contract between a manager and a professional boxer shall 9 be legally valid and binding until both parties to the contract 10 have appeared before the department COMMISSION and have <-- 11 received departmental COMMISSION approval which shall be <-- 12 endorsed on the contract. 13 Section 905 1105. Tickets. <-- 14 (a) Scheduled date and price.--Every ticket of admission to 15 a boxing contest or exhibition shall clearly show on its face 16 the 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) Anti-scalping 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 under this act shall directly or indirectly 24 receive any 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 department <-- 19870H1728B3944 - 29 -
1 COMMISSION. <-- 2 Section 906 1106. Misdemeanor to destroy tickets. <-- 3 Except upon receipt of prior written authorization from the 4 department COMMISSION, it shall be a misdemeanor of the second <-- 5 degree for any promoter or person associated with or employed by 6 any promoter to destroy any ticket or ticket stub, whether sold 7 or unsold, within six months after the date of any contest or 8 exhibition. 9 Section 907 1107. 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 such ticket for a refund within 30 days 14 after the scheduled date of the event. Within 10 days after the 15 expiration of this 30-day period, the promoter shall pay all 16 unclaimed ticket receipts to the department COMMISSION. The <-- 17 department COMMISSION shall hold these funds for a period of one <-- 18 year for the purpose of making additional refunds. Thereafter, 19 the department COMMISSION shall pay all remaining moneys from <-- 20 such ticket sale to the State Treasurer for deposit into the 21 General Fund, without escheat. 22 (b) Forfeiture of security.--Failure of any promoter or 23 foreign copromoter to comply with the provisions of subsection 24 (a) shall be sufficient cause to warrant a forfeiture of his 25 bond, or other security, and an imposition of a penalty or 26 suspension or revocation of his license by the department <-- 27 COMMISSION as provided in this act. <-- 28 (c) Pro rata refunds.--From the fund produced by the 29 forfeiture, pro rata refunds shall be made by the department <-- 30 COMMISSION to persons who purchased tickets, in accordance with <-- 19870H1728B3944 - 30 -
1 the provisions of subsection (a). 2 Section 908 1108. Advertising matter to state admission price. <-- 3 Each showcard, bill, poster, newspaper or any other 4 advertisement of any contest or exhibition shall contain a 5 schedule of admission prices and a conspicuous statement of 6 whether a contest or exhibition is being presented. Failure to 7 comply with the provisions of this section shall constitute 8 grounds for the suspension or revocation of the promoter's 9 license. 10 Section 909 1109. Admissions not to exceed seating capacity. <-- 11 It shall be a misdemeanor of the third degree for any <-- 12 promoter to admit to any contest or exhibition more persons than 13 there are seats in the place where the contest or exhibition is 14 being held. 15 Section 910 1110. Age of spectators. <-- 16 No minor 16 years of age or under shall be permitted to 17 attend any boxing contest or exhibition unless accompanied by an 18 adult. 19 CHAPTER 11 13 <-- 20 BONDS 21 Section 1101 1301. Promoters and foreign copromoters required <-- 22 to file bonds. 23 (a) General rule.--Before any license or renewal of a 24 license is issued to a promoter and before any permit is issued 25 to a foreign copromoter, he shall be required to execute and 26 file a surety bond with the department COMMISSION in such <-- 27 reasonable amount, but not less than $3,000, as the department <-- 28 COMMISSION shall determine. <-- 29 (b) Form of bond.--All such bonds shall be upon forms 30 supplied by the department COMMISSION, which shall have first <-- 19870H1728B3944 - 31 -
1 adopted them with the approval of the Office of Attorney 2 General. 3 (c) Approval of sureties.--The sufficiency of the sureties 4 shall be subject to approval of the department COMMISSION and <-- 5 the Office of Attorney General. 6 (d) Conditions.--The surety bond shall be conditioned upon 7 the faithful performance by the promoter or foreign copromoter 8 of his obligations under this act and the rules and regulations 9 promulgated pursuant hereto, including, but not limited to, the 10 fulfillment of his contractual obligations to contestants, 11 managers and other licensees, and the payment of all license and 12 permit fees provided for in this act. The aggregate annual 13 liability of the surety for all obligations and fees shall in no 14 event exceed the amount of the bond. 15 Section 1102 1302. Deposit in lieu of surety bond. <-- 16 In lieu of the surety bond required by section 1101 1301, the <-- 17 promoter may deposit with the department COMMISSION cash, a <-- 18 certified check, or direct obligations of the United States or 19 the Commonwealth of Pennsylvania acceptable to the department <-- 20 COMMISSION, in an equivalent amount and subject to the same <-- 21 conditions. Such security shall not be returned to the promoter 22 until one year after the date on which it was deposited with the 23 department COMMISSION, unless a surety bond is substituted for <-- 24 the security. After the expiration of one year from the date on 25 which the security was deposited, if no claim against the 26 deposit is outstanding, it shall be returned to the depositor. 27 Section 1103 1303. Filing fee. <-- 28 A filing fee fixed by the department COMMISSION shall <-- 29 accompany each bond filed or cash or security deposited in lieu 30 of the bond under the provisions of this act. 19870H1728B3944 - 32 -
1 Section 1104 1304. Recovery on bond. <-- 2 Recovery may be had on such bond or against such deposit of 3 cash or security in the same manner as penalties are recoverable 4 at law. 5 CHAPTER 13 15 <-- 6 HEARINGS AND TEMPORARY SUSPENSIONS 7 Section 1301 1501. Department COMMISSION hearings. <-- 8 The department COMMISSION shall conduct all hearings under <-- 9 the provisions of Title 2 of the Pennsylvania Consolidated 10 Statutes (relating to administrative law and procedure). 11 Section 1302 1502. Subpoenas. <-- 12 The department COMMISSION, OR ANY MEMBER THEREOF, may issue <-- 13 subpoenas in connection with the investigations, requiring the 14 attendance and testimony of or the production of books and 15 papers by any licensee or other person whom the department <-- 16 COMMISSION OR COMMISSIONER believes to have information, books <-- 17 or papers of importance to it in making the investigation. 18 Section 1303 1503. Temporary suspension of licenses or permits. <-- 19 (a) General rule.--The department EXECUTIVE DIRECTOR shall <-- 20 have the power, upon its own motion SUA SPONTE or upon the <-- 21 verified written complaint of any person charging a licensee or 22 permittee with violating any provision of this act or the rules 23 and regulations promulgated under this act, to suspend 24 temporarily any license or permit until final determination by 25 the department COMMISSION, when such action is necessary to <-- 26 protect the public welfare and the best interests of boxing. 27 (b) Hearing date.--The department COMMISSION shall hold a <-- 28 hearing within ten days after the date on which the license or 29 permit was suspended temporarily. 30 Section 1304 1504. Suspension or revocation of licenses. <-- 19870H1728B3944 - 33 -
1 The department COMMISSION shall have the power to suspend or <-- 2 revoke a license or permit in any case where the department <-- 3 COMMISSION finds that the licensee or permittee: <-- 4 (1) Is guilty of gross immorality. 5 (2) Is unfit or incompetent by reason of negligence or 6 habits. 7 (3) Is guilty of violating any provision of this act or 8 of the rules and regulations of the department COMMISSION. <-- 9 (4) Has committed fraud or deceit in securing his or 10 another's license or permit. 11 (5) Has been convicted of, or pleaded guilty or entered 12 a plea of nolo contendere to, or has been found guilty by a 13 judge or jury of, a crime in any jurisdiction within ten days 14 preceding the suspension or revocation. 15 (6) Is an habitual drunkard, or is addicted to the use 16 of morphine, cocaine or other drugs having a similar effect. 17 (7) Is or has become mentally incompetent. 18 (8) Has been guilty of unprofessional or unethical 19 conduct, or such conduct as to require a suspension or 20 revocation in the public interest. 21 (9) Has made a misstatement of a material fact or 22 fraudulently concealed a material fact, or has induced, aided 23 or abetted any other person in misstating or concealing any 24 material fact in any application or other proceeding under 25 this act. 26 (10) Has failed to account for or pay over moneys 27 belonging to others which have come into his possession in 28 connection with a boxing contest or exhibition. 29 (11) Has failed to furnish to the proper party a copy of 30 any contract or statement required by this act or the rules 19870H1728B3944 - 34 -
1 and regulations promulgated under this act, or has breached 2 such a contract. 3 (12) Has paid or agreed to pay any money or article of 4 value to any person not having a license or a permit for 5 soliciting or for business secured or for rendering of any 6 service or the doing of any of the acts forbidden by this act 7 and the rules and regulations promulgated under this act. 8 (13) Has loaned his license or permit to another person 9 or has borrowed or used the license or permit of another. 10 (14) Is guilty of any form of pretense which might 11 induce the public or citizens to become a prey to 12 professional exploitation. 13 (15) Has employed a person who has not been issued a 14 license or permit when so required by law. 15 (16) Has failed to maintain in force the bond required 16 by this act or has failed to deposit with the department <-- 17 COMMISSION the required cash, check or securities required in <-- 18 lieu of the bond. 19 (17) Has by act or omission conducted himself in a 20 manner detrimental to the best interests of boxing generally 21 or to the public interest and general welfare. 22 (18) Is associating or consorting with criminals, 23 bookmakers, gamblers or persons of similar ill repute, or 24 with persons of no known or visible means of livelihood, or 25 is himself engaged or engaging in similar pursuits or 26 conduct. 27 (19) Has been disciplined in any manner by the 28 department COMMISSION or similar agency or body of any <-- 29 jurisdiction. 30 (20) Has failed to pay a fine or any part thereof 19870H1728B3944 - 35 -
1 imposed by this act. 2 CHAPTER 15 17 <-- 3 PENALTIES 4 Section 1501 1701. Misdemeanors. <-- 5 Any person convicted of any misdemeanor in UNDER CHAPTERS 1 <-- 6 THROUGH 17 19 OF this act shall be sentenced to pay a fine of <-- 7 not more than $5,000, or to imprisonment, for not more than 8 three years, or both. 9 Section 1502 1702. Departmental COMMISSION fines. <-- 10 The department COMMISSION shall have the right to impose a <-- 11 fine of not more than $5,000 for any violation of CHAPTERS 1 <-- 12 THROUGH 17 19 OF this act or the rules and regulations <-- 13 promulgated under CHAPTERS 1 THROUGH 17 19 OF this act, in lieu <-- 14 of or in addition to any other punishment herein provided for 15 such violation. 16 CHAPTER 17 19 <-- 17 MISCELLANEOUS PROVISIONS <-- 18 FINANCIAL INTERESTS <-- 19 Section 1701 1901. Financial interest in boxer prohibited. <-- 20 No licensed physician, referee, judge or promoter shall have 21 any direct or indirect financial or pecuniary interest in any 22 boxer. A violation of this section shall constitute a 23 misdemeanor of the third degree. <-- 24 Section 1702 1902. Financial interest in opponent prohibited. <-- 25 No manager, trainer or second of any boxer shall have any 26 direct or indirect financial or pecuniary interest in the 27 opponent in any contest in which his own boxer participates. No 28 boxer shall have any direct or indirect financial or pecuniary 29 interest in his opponent in any contest. A violation of this 30 section shall constitute a misdemeanor. 19870H1728B3944 - 36 -
1 Section 1703 1903. Financial interest of matchmaker. <-- 2 No matchmaker or promoter shall have any direct or indirect 3 financial or pecuniary interest in any boxer who is engaging in 4 a contest arranged by that matchmaker or promoter. A violation 5 of this section shall constitute a misdemeanor. 6 Section 1704 1904. Fees, fines and forfeitures. <-- 7 All fees, fines, forfeitures and other moneys collected under 8 the provisions of this act and the rules and regulations 9 promulgated under this act shall be paid by the department <-- 10 COMMISSION to the State Treasurer through the Department of <-- 11 Revenue, and are hereby appropriated to the department <-- 12 COMMISSION to be placed in a restricted receipts account for the <-- 13 administration and enforcement of the provisions of this act. 14 Such moneys shall be specifically appropriated by the General 15 Assembly. All moneys received by the Commonwealth for payment of 16 the gross receipts tax enumerated in section 4 of the act of <-- 17 (P.L. , No. ), known as the Professional 18 Wrestling Act 1903 OF THIS ACT, 2103 are hereby appropriated to <-- 19 the department COMMISSION to be placed in a restricted receipts <-- 20 account. 21 Section 1705 1905. Rules and regulations. <-- 22 The department COMMISSION is hereby granted the power to <-- 23 promulgate rules and regulations governing the presentation of 24 professional and amateur boxing and all matters pertaining 25 thereto. Such rules and regulations shall include those rules 26 and regulations specifically required by this act, together with 27 such others as the department COMMISSION shall consider <-- 28 necessary in order to carry out the provisions of this act. ALL <-- 29 RULES AND REGULATIONS ADOPTED PURSUANT HERETO SHALL BE ADOPTED 30 BY MAJORITY VOTE OF ALL THE MEMBERS OF THE COMMISSION. 19870H1728B3944 - 37 -
1 CHAPTER 19 21 <-- 2 PROFESSIONAL WRESTLING 3 SECTION 1901 2101. DEFINITIONS. <-- 4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 5 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 6 CONTEXT CLEARLY INDICATES OTHERWISE: 7 "DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH. 8 "EXHIBITION." AN ENGAGEMENT IN WHICH THE PARTICIPANTS 9 DISPLAY THEIR SKILLS IN A STRUGGLE AGAINST EACH OTHER IN THE 10 RING, WITH OR WITHOUT THE USE OF SUBSTANCES AND OBJECTS, WITHOUT 11 NECESSARILY STRIVING TO WIN, PROVIDED THAT CONTESTS PROHIBITED 12 BY SECTION 2101 2301 SHALL NOT BE EXHIBITIONS AS DEFINED HEREIN. <-- 13 "PROMOTER." ANY PERSON, AND IN THE CASE OF A CORPORATION, AN 14 OFFICER, DIRECTOR, EMPLOYEE OR SHAREHOLDER THEREOF, WHO 15 PRODUCES, ARRANGES OR STAGES ANY PROFESSIONAL WRESTLING 16 EXHIBITION. 17 SECTION 1902 2102. PROMOTER'S BONDING REQUIREMENTS. <-- 18 (A) GENERAL RULE.--BEFORE THE SCHEDULED DATE OF ANY 19 PROFESSIONAL WRESTLING EXHIBITION, THE PROMOTER OF THE 20 EXHIBITION SHALL BE REQUIRED TO EXECUTE A SURETY BOND WITH THE 21 ENTITY OPERATING THE ARENA OR OTHER FACILITY IN A REASONABLE 22 AMOUNT, BUT NOT LESS THAN $10,000, AS THE PARTIES SHALL AGREE. 23 (B) CONDITIONS OF BOND.--THE SURETY BOND SHALL BE 24 CONDITIONED UPON THE FAITHFUL PERFORMANCE BY THE PROMOTER OF HIS 25 OBLIGATIONS UNDER THIS CHAPTER AND THE CONTRACT WITH THE ENTITY 26 IN CHARGE OF THE ARENA OR OTHER FACILITY. 27 SECTION 1903 2103. ADMISSIONS GROSS RECEIPTS TAX. <-- 28 (A) IMPOSITION OF TAX.--IN ADDITION TO ANY FEDERAL TAX OR 29 TAX IMPOSED BY ANY POLITICAL SUBDIVISION OF THE COMMONWEALTH TO 30 BE PAID ON GROSS RECEIPTS, EVERY PROMOTER SHALL PAY A STATE TAX 19870H1728B3944 - 38 -
1 OF 3.5% 5% OF THE TOTAL GROSS RECEIPTS OF ANY WRESTLING <-- 2 EXHIBITION. 3 (B) PAYMENT OF TAX.--THE TAX PAYMENT SHALL BE MADE TO THE 4 DEPARTMENT WITHIN 72 HOURS AFTER THE EXHIBITION. THE PAYMENT 5 SHALL BE ACCOMPANIED BY A FORM PRESCRIBED BY THE DEPARTMENT 6 SETTING FORTH THE GROSS RECEIPTS RECEIVED FROM THE EXHIBITION, 7 TOGETHER WITH SUCH OTHER INFORMATION THE DEPARTMENT MAY REQUIRE. 8 ALL MONEYS RECEIVED BY THE COMMONWEALTH FOR PAYMENT OF THE GROSS 9 RECEIPTS TAX ENUMERATED IN THIS SECTION ARE HEREBY APPROPRIATED 10 TO THE RESTRICTED RECEIPTS ACCOUNT DESCRIBED IN SECTION 1704 <-- 11 1904. 12 (C) COMPUTATION.--THE TOTAL GROSS RECEIPTS OF EVERY PROMOTER 13 UPON WHICH THE TAX IMPOSED BY THIS SECTION IS TO BE CHARGED OR 14 TO BE COMPUTED SHALL INCLUDE ONLY THE FACE VALUE OF ALL THE 15 TICKETS SOLD AND COMPLIMENTARY TICKETS ISSUED. 16 SECTION 1904 2104. PHYSICIAN TO BE IN ATTENDANCE. <-- 17 THE PROMOTER AND THE OWNER OR OPERATOR OF THE ARENA OR 18 FACILITY SHALL BE RESPONSIBLE TO EMPLOY A PHYSICIAN FROM A LIST 19 APPROVED BY THE DEPARTMENT OF HEALTH MEDICAL ADVISORY BOARD OF <-- 20 THE STATE ATHLETIC COMMISSION TO BE PRESENT AT EVERY WRESTLING 21 EXHIBITION. THE PHYSICIAN SHALL OBSERVE THE PHYSICAL CONDITION 22 OF THE PARTICIPANTS THROUGHOUT THE EXHIBITION AND SHALL BE 23 AUTHORIZED TO TERMINATE AN EXHIBITION WHEN, IN HIS JUDGMENT, 24 SEVERE INJURY WOULD RESULT IF THE EXHIBITION WERE TO CONTINUE. 25 THE PHYSICIAN'S FEE SHALL BE PAID BY THE PROMOTER OF THE 26 EXHIBITION. 27 SECTION 1905 2105. AMBULANCE AVAILABLE. <-- 28 THE PROMOTER AND THE OWNER OR OPERATOR OF THE ARENA OR 29 FACILITY SHALL BE RESPONSIBLE TO HAVE AN AMBULANCE OR 30 PARAMEDICAL UNIT PRESENT AT THE ARENA IN CASE A SERIOUS INJURY 19870H1728B3944 - 39 -
1 WERE TO OCCUR. WHERE THE AMBULANCE OR PARAMEDICAL UNIT IS 2 LOCATED WITHIN FIVE MILES OF THE ARENA AND THAT UNIT HAS BEEN 3 NOTIFIED TO BE ON CALL BY THE PROMOTER, THE UNIT NEED NOT BE 4 PRESENT AT THE ARENA. 5 SECTION 1906 2106. CROWD CONTROL. <-- 6 THE PROMOTER AND THE OWNER OR OPERATOR OF THE ARENA OR 7 FACILITY SHALL BE RESPONSIBLE FOR ENSURING THAT ADEQUATE 8 SECURITY PERSONNEL ARE IN ATTENDANCE AT THE WRESTLING EXHIBITION 9 TO CONTROL FANS IN ATTENDANCE. THE SIZE OF THE SECURITY FORCE IS 10 AT THE DISCRETION OF THE PROMOTER AND THE OWNER OR OPERATOR OF 11 THE ARENA OR FACILITY, AS THEY SHALL AGREE. 12 SECTION 1907 2107. OFFENSES. <-- 13 (A) ARENA OWNERS OR OPERATORS.--IT SHALL BE UNLAWFUL FOR AN 14 OWNER OR OPERATOR OF AN ARENA, HALL OR OTHER FACILITY AT WHICH A 15 PROFESSIONAL WRESTLING EXHIBITION TAKES PLACE TO DESTROY ANY 16 TICKET OR TICKET STUB, WHETHER SOLD OR UNSOLD, WITHIN THREE 17 MONTHS AFTER THE DATE OF ANY EXHIBITION. 18 (B) WRESTLERS.--IT SHALL BE UNLAWFUL FOR ANY WRESTLER TO 19 DELIBERATELY CUT OR OTHERWISE MUTILATE HIMSELF WHILE 20 PARTICIPATING IN A WRESTLING EXHIBITION. 21 (C) PROMOTER.--IT SHALL BE UNLAWFUL FOR ANY PROMOTER TO: 22 (1) CONDUCT ANY PROFESSIONAL WRESTLING EXHIBITION 23 WITHOUT SATISFYING THE BOND REQUIREMENTS SPECIFIED IN SECTION 24 1902 2102; AND <-- 25 (2) EMPLOY ANY INDIVIDUAL WHO IS UNDER 18 YEARS OF AGE. 26 SECTION 1908 2108. ENFORCEMENT. <-- 27 (A) ENFORCEMENT.--THE POLICE CHIEF OF ANY MUNICIPAL POLICE 28 DEPARTMENT, THE TROOP COMMANDER OF ANY PENNSYLVANIA STATE POLICE 29 TROOP OR THE ATTORNEY GENERAL OR HIS DESIGNEE MAY ASSIGN AN ON- 30 DUTY POLICE OFFICER, DETECTIVE OR INVESTIGATOR UNDER HIS 19870H1728B3944 - 40 -
1 JURISDICTION TO BE PRESENT AT ANY PROFESSIONAL WRESTLING 2 EXHIBITION WITHIN HIS RESPECTIVE JURISDICTION. THE POLICE 3 OFFICER, DETECTIVE OR INVESTIGATOR, UPON DISPLAY OF A WRITTEN 4 ORDER OF ASSIGNMENT, SHALL BE ADMITTED BY THE PROMOTER WITHOUT 5 FEE OR HINDRANCE AND SHALL MONITOR COMPLIANCE WITH THIS ACTION. 6 (B) MUNICIPAL FEE.--THE PROMOTER SHALL PAY A FEE OF $100 FOR 7 EACH WRESTLING EXHIBITION TO THE MUNICIPALITY TO COVER THE COSTS 8 OF THE ENFORCEMENT OF THIS ACTION. 9 SECTION 1909 2109. PENALTIES. <-- 10 EXCEPT FOR A VIOLATION OF SECTION 1908 2108, A VIOLATION OF <-- 11 ANY PROVISION OF THIS CHAPTER SHALL BE A SUMMARY OFFENSE. A 12 VIOLATION OF SECTION 1908 2108 SHALL BE A MISDEMEANOR OF THE <-- 13 THIRD DEGREE. 14 CHAPTER 21 23 <-- 15 PROHIBITED COMPETITIONS 16 SECTION 2101 2301. PROHIBITED COMPETITIONS. <-- 17 (A) OFFENSE DEFINED.--A PERSON COMMITS A MISDEMEANOR OF THE 18 FIRST DEGREE IF HE PROMOTES, SPONSORS OR PARTICIPATES IN ANY 19 MANNER IN THE STAGING OF, OR THE CONDUCT OF, ANY TOUGH GUY 20 CONTEST OR BATTLE OF THE BRAWLERS OR IN ANY SIMILAR COMPETITION. 21 (B) APPLICATION OF SECTION.-- 22 (1) THIS SECTION SHALL NOT APPLY TO THE NEWS MEDIA, 23 INCLUDING, BUT NOT LIMITED TO, TELEVISION, RADIO, NEWSPAPERS 24 AND PERIODICALS FOR THEIR REPORTING ACTIVITIES RELATING TO 25 TOUGH GUY CONTESTS OR BATTLES OF THE BRAWLERS. 26 (2) THIS SECTION SHALL NOT APPLY TO AMATEUR OR 27 PROFESSIONAL CONTESTS OR EXHIBITIONS FOR WHICH A PERMIT HAS 28 BEEN ISSUED UNDER CHAPTER 7 NOR TO EXHIBITIONS AS DEFINED IN 29 CHAPTER 19 21 NOR TO CONTESTS STAGED IN CONNECTION WITH <-- 30 ATHLETIC TRAINING PROGRAMS NOR TO AMATEUR OR PROFESSIONAL 19870H1728B3944 - 41 -
1 CONTESTS OF THE MARTIAL ARTS NOR TO ANY COLLEGIATE OR 2 SCHOLASTIC BOXING, WRESTLING OR MARTIAL ARTS CONTESTS. 3 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "TOUGH 4 GUY CONTEST" OR "BATTLE OF THE BRAWLERS" MEANS ANY COMPETITION 5 WHICH INVOLVES ANY PHYSICAL CONTACT BOUT BETWEEN TWO OR MORE 6 INDIVIDUALS, WHO ATTEMPT TO KNOCK OUT THEIR OPPONENT BY 7 EMPLOYING BOXING, WRESTLING, MARTIAL ARTS TACTICS OR ANY 8 COMBINATION THEREOF AND BY USING TECHNIQUES, INCLUDING, BUT NOT 9 LIMITED TO, PUNCHES, KICKS AND CHOKING. 10 CHAPTER 31 11 MISCELLANEOUS PROVISIONS 12 Section 1706 3101. Repeals. <-- 13 (a) Specific repeals.--The following acts and parts of acts <-- 14 are repealed: 15 (1) Sections 427 and 2503 of the act of April 9, 1929 16 (P.L.177, No.175), known as The Administrative Code of 1929. 17 (2) Act of August 31, 1955 (P.L.531, No.131), known as 18 the Pennsylvania Athletic Code. 19 (b) Partial repeals.--Sections 202 and 207.1(d) of the act <-- 20 of April 9, 1929 (P.L.177, No.175), known as The Administrative 21 Code of 1929, are repealed insofar as they relate to the State 22 Athletic Commission. 23 Section 1707 3102. Transfer of functions, records, etc. 24 All allocations, appropriations, equipment, files, records, 25 contracts, agreements, obligations and other materials which are 26 used, employed or expended in connection with the powers, duties 27 or functions of the State Athletic Commission transferred by 28 this act to the Department of Health STATE are hereby <-- 29 transferred to the Department of Health STATE with the same <-- 30 force and effect as if the allocations and appropriations had 19870H1728B3944 - 42 -
1 been made to and said items had been the personnel and property 2 of the commission in the first instance and if the contracts, 3 agreements and obligations had been incurred or entered into by 4 the department. 5 SECTION 3102. REESTABLISHMENT UNDER SUNSET ACT. <-- 6 THIS ACT, WITH RESPECT TO THE STATE ATHLETIC COMMISSION, 7 SHALL CONSTITUTE THE LEGISLATION REQUIRED TO REESTABLISH THAT 8 AGENCY PURSUANT TO THE ACT OF DECEMBER 22, 1981 (P.L.508, 9 NO.142), KNOWN AS THE SUNSET ACT. 10 Section 1708 3103. Status of existing licenses. <-- 11 All licenses and permits issued pursuant to any act repealed 12 by this act, except with respect to professional and amateur 13 wrestling, shall continue with the same force and effect as if 14 such act had not been repealed, subject, however, to the power 15 of the department COMMISSION, as provided in this act, to <-- 16 suspend or revoke the license or permit of any such person for 17 any of the causes or reasons set forth in this act and subject 18 to the power of the department COMMISSION to require any such <-- 19 person to obtain a license or permit pursuant to this act. 20 Section 1709 3104. Effect of prior rules and regulations. <-- 21 All rules and regulations made pursuant to any act repealed 22 by this act, except with respect to professional and amateur 23 wrestling, shall continue in full force and effect. EACH FEE OF <-- 24 THE COMMISSION IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT SHALL 25 REMAIN IN EFFECT UNTIL NEW FEES ARE ESTABLISHED BY REGULATION IN 26 ACCORDANCE WITH THIS ACT. 27 Section 1710 3105. Saving clause. <-- 28 The provisions of this act, so far as they are the same as 29 those of existing law, EXCEPT WITH RESPECT TO PROFESSIONAL AND <-- 30 AMATEUR WRESTLING, are intended to be a continuation of such 19870H1728B3944 - 43 -
1 existing law and not as new enactments. The provisions of this 2 act shall not affect any act done, liability incurred, right 3 accrued or vested or suit or prosecution pending as of the 4 effective date of this act, or any action to enforce any right 5 or penalty or punish any offense under authority of such 6 repealed laws. 7 Section 1711 3106. Effective date. <-- 8 This act shall take effect immediately. or December 31, 1987, <-- 9 whichever is later. I25L04RDG/19870H1728B3944 - 44 -