PRIOR PRINTER'S NO. 1375 PRINTER'S NO. 1910
No. 1197 Session of 1989
INTRODUCED BY LINTON, OLIVER AND MILLER, APRIL 17, 1989
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 31, 1989
AN ACT
1 Permitting REESTABLISHING THE STATE ATHLETIC COMMISSION; <--
2 PROVIDING FOR AN EXECUTIVE DIRECTOR AND A MEDICAL ADVISORY
3 BOARD; PERMITTING and regulating boxing contests and
4 exhibitions; requiring licenses and permits; providing for
5 the granting, suspension and revocation of licenses and
6 permits issued by the Department of State STATE ATHLETIC <--
7 COMMISSION; preserving the rights of existing licensees and
8 permittees; prescribing penalties, fines, forfeitures and
9 misdemeanors; requiring bonds and insurance; providing for
10 rules and regulations; providing for the regulation of <--
11 professional wrestling; imposing a tax on certain receipts
12 thereof; and; establishing a restricted account for such <--
13 receipts; AND MAKING A TEMPORARY APPROPRIATION. <--
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 Chapter 3. Regulations of Boxing Contests and Exhibitions
20 Section 301. Power of department to control boxing.
21 Section 302. Boxing regulated.
22 Section 303. Age of participants.
1 Section 304. Fictitious names.
2 Section 305. Physician to be in attendance.
3 Section 306. Medical training seminars.
4 Section 307. Register.
5 Section 308. Medical equipment.
6 Section 309. Suspension.
7 Section 310. Examinations.
8 Section 311. Weights and classes.
9 Section 312. Limitation on difference in weights.
10 Section 313. Gloves.
11 Section 314. Duration of boxing bouts; length of rounds.
12 Section 315. Attendance of referee and judges; scoring.
13 Section 316. Seconds.
14 Section 317. Duty of disclosure.
15 Section 318. Sham or collusive contest prohibited.
16 Section 319. Minimum purses for boxers.
17 Section 320. Distribution of purses to boxers; statements.
18 Section 321. Withholding of moneys.
19 Section 322. Hearing regarding withheld purse.
20 Section 323. Hearing, disposition of withheld purse.
21 Section 324. Payments regulated.
22 Section 325. Insurance.
23 Chapter 5. Safety Regulations
24 Section 501. Mandatory eight count.
25 Section 502. Knockout.
26 Section 503. Physician at knockout.
27 Section 504. Ring padding.
28 Section 505. Boxer knocked unconscious.
29 Section 506. Boxer repeatedly knocked out.
30 Section 507. Six consecutive defeats.
19890H1197B1910 - 2 -
1 Chapter 7. Licenses and Permits
2 Section 701. Power of department to issue, withhold, suspend or
3 revoke licenses and permits.
4 Section 702. Promoters' licenses.
5 Section 703. Representative managers' licenses.
6 Section 704. Foreign copromoters to procure permits.
7 Section 705. Other licenses required.
8 Section 706. Permits required.
9 Section 707. Permits for amateurs.
10 Section 708. Restrictions.
11 Section 709. Permits not to be issued.
12 Section 710. Standards for the issuance of licenses and
13 permits.
14 Section 711. Duration of license.
15 Section 712. Applications for licenses and permits.
16 Section 713. Oral examinations.
17 Section 714. Fingerprints.
18 Section 715. License fees.
19 Section 716. Permit fees.
20 Section 717. Additional license fees; penalties.
21 Chapter 9. Contracts, Advertising, Tickets and Spectators
22 Section 901. Department control of contracts.
23 Section 902. Contracts subject to law.
24 Section 903. Provisions in contracts between managers and
25 professional boxers.
26 Section 904. Approval of contracts.
27 Section 905. Tickets.
28 Section 906. Misdemeanor to destroy tickets.
29 Section 907. Ticket refunds.
30 Section 908. Advertising matter to state admission price.
19890H1197B1910 - 3 -
1 Section 909. Admissions not to exceed seating capacity.
2 Section 910. Age of spectators.
3 Chapter 11. Bonds
4 Section 1101. Promoters and foreign copromoters required to
5 file bonds.
6 Section 1102. Deposit in lieu of surety bond.
7 Section 1103. Filing fee.
8 Section 1104. Recovery on bond.
9 Chapter 13. Hearings and Temporary Suspensions
10 Section 1301. Department hearings.
11 Section 1302. Subpoenas.
12 Section 1303. Temporary suspension of licenses or permits.
13 Section 1304. Suspension or revocation of licenses.
14 Chapter 15. Penalties
15 Section 1501. Misdemeanors.
16 Section 1502. Departmental fines.
17 Chapter 17. Financial Interests
18 Section 1701. Financial interest in boxer prohibited.
19 Section 1702. Financial interest in opponent prohibited.
20 Section 1703. Financial interest of matchmaker.
21 Section 1704. Fees, fines and forfeitures.
22 Section 1705. Rules and regulations.
23 Chapter 19. Professional Wrestling
24 Section 1901. Definitions.
25 Section 1902. Promoter's bonding requirements.
26 Section 1903. Admissions gross receipts tax.
27 Section 1904. Physician to be in attendance.
28 Section 1905. Ambulance available.
29 Section 1906. Crowd control.
30 Section 1907. Offenses.
19890H1197B1910 - 4 -
1 Section 1908. Enforcement.
2 Section 1909. Penalties.
3 Chapter 21. Prohibited Competitions
4 Section 2101. Prohibited competitions.
5 Chapter 31. Miscellaneous Provisions
6 Section 3101. Repeals.
7 Section 3102. Transfer of functions, records, etc.
8 Section 3103. Status of existing licenses.
9 Section 3104. Effect of prior rules and regulations.
10 Section 3105. Saving clause.
11 Section 3106. Effective date.
12 TABLE OF CONTENTS <--
13 CHAPTER 1. PRELIMINARY PROVISIONS
14 SECTION 101. SHORT TITLE.
15 SECTION 102. DEFINITIONS.
16 SECTION 103. ACT NOT TO APPLY TO SCHOOLS.
17 CHAPTER 3. COMMISSION; STAFF; MEDICAL ADVISORY BOARD
18 SECTION 301. STATE ATHLETIC COMMISSION.
19 SECTION 302. DUTIES OF COMMISSION.
20 SECTION 303. APPOINTMENT AND QUALIFICATIONS OF EXECUTIVE
21 DIRECTOR.
22 SECTION 304. POWERS AND DUTIES OF EXECUTIVE DIRECTOR.
23 SECTION 305. MEDICAL ADVISORY BOARD.
24 CHAPTER 5. REGULATIONS OF BOXING CONTESTS AND EXHIBITIONS
25 SECTION 501. BOXING REGULATED.
26 SECTION 502. AGE OF PARTICIPANTS.
27 SECTION 503. FICTITIOUS NAMES.
28 SECTION 504. PHYSICIAN TO BE IN ATTENDANCE.
29 SECTION 505. MEDICAL TRAINING SEMINARS.
30 SECTION 506. REGISTER.
19890H1197B1910 - 5 -
1 SECTION 507. MEDICAL EQUIPMENT.
2 SECTION 508. SUSPENSION.
3 SECTION 509. EXAMINATIONS.
4 SECTION 510. WEIGHTS AND CLASSES.
5 SECTION 511. LIMITATION ON DIFFERENCE IN WEIGHTS.
6 SECTION 512. GLOVES.
7 SECTION 513. DURATION OF BOXING BOUTS; LENGTH OF ROUNDS.
8 SECTION 514. ATTENDANCE OF REFEREE AND JUDGES; SCORING.
9 SECTION 515. SECONDS.
10 SECTION 516. DUTY OF DISCLOSURE.
11 SECTION 517. SHAM OR COLLUSIVE CONTEST PROHIBITED.
12 SECTION 518. MINIMUM PURSES FOR BOXERS.
13 SECTION 519. DISTRIBUTION OF PURSES TO BOXERS; STATEMENTS.
14 SECTION 520. WITHHOLDING OF MONEYS.
15 SECTION 521. HEARING REGARDING WITHHELD PURSE.
16 SECTION 522. HEARING, DISPOSITION OF WITHHELD PURSE.
17 SECTION 523. PAYMENTS REGULATED.
18 SECTION 524. INSURANCE.
19 CHAPTER 7. SAFETY REGULATIONS
20 SECTION 701. MANDATORY EIGHT COUNT.
21 SECTION 702. KNOCKOUT.
22 SECTION 703. PHYSICIAN AT KNOCKOUT.
23 SECTION 704. RING PADDING.
24 SECTION 705. BOXER KNOCKED UNCONSCIOUS.
25 SECTION 706. BOXER REPEATEDLY KNOCKED OUT.
26 SECTION 707. SIX CONSECUTIVE DEFEATS.
27 CHAPTER 9. LICENSES AND PERMITS
28 SECTION 901. POWER OF DEPARTMENT TO ISSUE, WITHHOLD, SUSPEND OR
29 REVOKE LICENSES AND PERMITS.
30 SECTION 902. PROMOTERS' LICENSES.
19890H1197B1910 - 6 -
1 SECTION 903. REPRESENTATIVE MANAGERS' LICENSES.
2 SECTION 904. FOREIGN COPROMOTERS TO PROCURE PERMITS.
3 SECTION 905. OTHER LICENSES REQUIRED.
4 SECTION 906. PERMITS REQUIRED.
5 SECTION 907. PERMITS FOR AMATEURS.
6 SECTION 908. RESTRICTIONS.
7 SECTION 909. PERMITS NOT TO BE ISSUED.
8 SECTION 910. STANDARDS FOR THE ISSUANCE OF LICENSES AND
9 PERMITS.
10 SECTION 911. DURATION OF LICENSE.
11 SECTION 912. APPLICATIONS FOR LICENSES AND PERMITS.
12 SECTION 913. ORAL EXAMINATIONS.
13 SECTION 914. LICENSE FEES.
14 SECTION 915. PERMIT FEES.
15 SECTION 916. ADDITIONAL LICENSE FEES; PENALTIES.
16 CHAPTER 11. CONTRACTS, ADVERTISING, TICKETS AND SPECTATORS
17 SECTION 1101. COMMISSION CONTROL OF CONTRACTS.
18 SECTION 1102. CONTRACTS SUBJECT TO LAW.
19 SECTION 1103. PROVISIONS IN CONTRACTS BETWEEN MANAGERS AND
20 PROFESSIONAL BOXERS.
21 SECTION 1104. APPROVAL OF CONTRACTS.
22 SECTION 1105. TICKETS.
23 SECTION 1106. MISDEMEANOR TO DESTROY TICKETS.
24 SECTION 1107. TICKET REFUNDS.
25 SECTION 1108. ADVERTISING MATTER TO STATE ADMISSION PRICE.
26 SECTION 1109. ADMISSIONS NOT TO EXCEED SEATING CAPACITY.
27 SECTION 1110. AGE OF SPECTATORS.
28 CHAPTER 13. BONDS
29 SECTION 1301. PROMOTERS AND FOREIGN COPROMOTERS REQUIRED TO
30 FILE BONDS.
19890H1197B1910 - 7 -
1 SECTION 1302. DEPOSIT IN LIEU OF SURETY BOND.
2 SECTION 1303. FILING FEE.
3 SECTION 1304. RECOVERY ON BOND.
4 SECTION 1305. APPLICATION AND FEES.
5 CHAPTER 15. HEARINGS AND TEMPORARY SUSPENSIONS
6 SECTION 1501. COMMISSION HEARINGS.
7 SECTION 1502. SUBPOENAS.
8 SECTION 1503. TEMPORARY SUSPENSION OF LICENSES OR PERMITS.
9 SECTION 1504. SUSPENSION OR REVOCATION OF LICENSES.
10 CHAPTER 17. PENALTIES
11 SECTION 1701. MISDEMEANORS.
12 SECTION 1702. DEPARTMENTAL FINES.
13 CHAPTER 19. FINANCIAL INTERESTS
14 SECTION 1901. FINANCIAL INTEREST IN BOXER PROHIBITED.
15 SECTION 1902. FINANCIAL INTEREST IN OPPONENT PROHIBITED.
16 SECTION 1903. FINANCIAL INTEREST OF MATCHMAKER.
17 SECTION 1904. FEES, FINES AND FORFEITURES.
18 SECTION 1905. RULES AND REGULATIONS.
19 CHAPTER 21. PROHIBITED COMPETITIONS
20 SECTION 2101. PROHIBITED COMPETITIONS.
21 CHAPTER 31. MISCELLANEOUS PROVISIONS
22 SECTION 3101. REPEALS.
23 SECTION 3102. STATUS OF EXISTING LICENSES.
24 SECTION 3103. EFFECT OF PRIOR RULES AND REGULATIONS.
25 SECTION 3104. SAVING CLAUSE.
26 SECTION 3105. REESTABLISHMENT OF COMMISSION.
27 SECTION 3106. ATHLETIC COMMISSION AUGMENTATION ACCOUNT.
28 SECTION 3107. APPROPRIATION.
29 SECTION 3108. JOINT STATE GOVERNMENT COMMISSION.
30 SECTION 3109. RETROACTIVITY.
19890H1197B1910 - 8 -
1 SECTION 3110. EFFECTIVE DATE.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 CHAPTER 1
5 PRELIMINARY PROVISIONS
6 Section 101. Short title.
7 This act shall be known and may be cited as the Athletic
8 Code.
9 Section 102. Definitions.
10 The following words and phrases when used in Chapters 1
11 through 17 of this act shall have the meanings given to them in
12 this section unless the context clearly indicates otherwise:
13 "Amateur." A person who has never received nor competed for
14 any purse or other article of value, either for participating in
15 any boxing contest or exhibition, or for the expenses of
16 training therefor other than a prize which does not exceed $50
17 in value.
18 "Boxing." The act of attack and defense with the fists,
19 practiced as a sport, subject to rules adopted by the department <--
20 COMMISSION. The term includes all variations of the sport <--
21 permitting or using other parts of the human body, including,
22 but not limited to, the foot, knee, leg, elbow or head.
23 "COMMISSION." THE STATE ATHLETIC COMMISSION. <--
24 "Contest." An engagement in which the boxers strive
25 earnestly in good faith to win.
26 "Department." The Department of State of the Commonwealth.
27 "EXECUTIVE DIRECTOR." THE EXECUTIVE DIRECTOR OF THE STATE <--
28 ATHLETIC COMMISSION.
29 "Exhibition." An engagement in which the boxers show or
30 display their skill without necessarily striving to win.
19890H1197B1910 - 9 -
1 "Foreign copromoter." A promoter who has no place of
2 business within this Commonwealth.
3 "Judge." A person, other than a referee, who has a vote in
4 determining the winner of any boxing contest.
5 "Manager." A person who, directly or indirectly, controls or
6 administers the affairs of any boxer.
7 "Matchmaker." A person who brings together professional
8 boxers or arranges professional boxing contests or exhibitions.
9 "Participant." A boxer who takes part in a boxing contest or
10 exhibition.
11 "Physician." An individual licensed to practice medicine and
12 surgery or osteopathy or osteopathic surgery in this
13 Commonwealth.
14 "Professional." A person who has received or competed for,
15 or is receiving or competing for, any purse or other article of
16 value, other than a prize which does not exceed $50 in value,
17 either for participating in any boxing contest or exhibition or
18 for the expenses of training therefor.
19 "Promoter." Any person, and in the case of a corporate
20 promoter, any officer, director, employee or stockholder
21 thereof, who produces, arranges or stages any professional
22 boxing contest or exhibition.
23 "Purse." The financial guarantee or any other remuneration,
24 or part thereof, for which professional boxers are participating
25 in a contest or exhibition. The term includes the participant's
26 share of any payment received for radio broadcasting, television
27 and motion picture rights.
28 "SECRETARY." THE SECRETARY OF THE COMMONWEALTH. <--
29 Section 103. Act not to apply to schools.
30 No provision of this act nor any rule or regulation
19890H1197B1910 - 10 -
1 promulgated hereunder shall apply to any boxing contest or
2 exhibition conducted or sponsored by any university, college,
3 secondary school or group of universities, colleges or secondary
4 schools or the Department of Corrections when all the
5 participants are students regularly enrolled in such
6 institutions or inmates confined within a State or county
7 correctional facility.
8 CHAPTER 3 <--
9 COMMISSION; STAFF; MEDICAL ADVISORY BOARD
10 SECTION 301. STATE ATHLETIC COMMISSION.
11 (A) COMPOSITION.--THE COMMISSION SHALL BE COMPRISED OF THREE
12 MEMBERS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF
13 A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE, ONE OF WHOM
14 SHALL BE A MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHY LICENSED TO
15 PRACTICE IN THIS COMMONWEALTH, WITH EXPERIENCE IN SPORTS
16 MEDICINE. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS AS A
17 CHAIRMAN FOR A TERM OF TWO YEARS. THE SECRETARY SHALL BE AN EX
18 OFFICIO MEMBER OF THE COMMISSION.
19 (B) APPOINTMENTS.--EACH APPOINTMENT SHALL BE FOR A TERM OF
20 TWO YEARS. THE TERMS OF THE MEMBERS OF THE COMMISSION APPOINTED
21 PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL TERMINATE ON THE
22 EFFECTIVE DATE OF THIS ACT. ANY COMMISSIONER SO TERMINATED SHALL
23 CONTINUE TO HOLD OFFICE UNTIL HIS SUCCESSOR SHALL BE APPOINTED
24 PURSUANT TO SUBSECTION (A).
25 (C) COMPENSATION.--EACH COMMISSIONER, EXCEPT THE SECRETARY
26 AND CHAIRMAN, SHALL RECEIVE A SALARY OF $10,000 ANNUALLY. THE
27 CHAIRMAN SHALL RECEIVE A SALARY OF $10,500 ANNUALLY. THE
28 COMMISSIONERS SHALL ALSO RECEIVE REASONABLE AND NECESSARY TRAVEL
29 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS MEMBERS
30 OF THE COMMISSION.
19890H1197B1910 - 11 -
1 (D) REMOVAL.--EXCEPT AS AUTHORIZED PURSUANT TO THIS SECTION,
2 NO COMMISSIONER MAY BE REMOVED FROM OFFICE DURING HIS TERM. THE
3 GOVERNOR MAY, UPON CLEAR AND CONVINCING EVIDENCE OF MISFEASANCE
4 OR MALFEASANCE IN OFFICE OR NEGLECT OF DUTY, REMOVE A
5 COMMISSIONER PRIOR TO THE EXPIRATION OF HIS OR HER TERM. THE
6 GOVERNOR SHALL THEN PROVIDE THE COMMISSIONER SO REMOVED WITH A
7 DETAILED WRITTEN STATEMENT OF THE REASONS FOR HIS REMOVAL.
8 (E) QUORUM REQUIREMENT.--TWO MEMBERS OF THE COMMISSION SHALL
9 CONSTITUTE A QUORUM.
10 SECTION 302. DUTIES OF COMMISSION.
11 (A) MEETINGS.--THE COMMISSION SHALL HOLD REGULAR MONTHLY
12 MEETINGS TO CARRY OUT THE REQUIREMENTS OF THIS ACT, WHICH SHALL
13 INCLUDE THE CONSIDERATION OF ANY RULES, REGULATIONS OR
14 AMENDMENTS THERETO WHICH ARE RECOMMENDED BY THE EXECUTIVE
15 DIRECTOR. THE MEETINGS SHALL BE OPEN TO THE PUBLIC. THE MEETING
16 TIMES SHALL BE SCHEDULED ONE YEAR IN ADVANCE, AND BE PUBLISHED
17 IN THE PENNSYLVANIA BULLETIN.
18 (B) GENERAL DUTIES.--EXCEPT AS PROVIDED IN SECTION 103, THE
19 COMMISSION IS HEREBY GRANTED AUTHORITY TO ESTABLISH POLICY AND
20 SHALL BE DIRECTED TO PROMULGATE RULES AND REGULATIONS REGARDING
21 ALL THE TRUE SPORTS OF PROFESSIONAL BOXING AND WRESTLING
22 CONTESTS, AS DISTINGUISHED FROM PROFESSIONAL WRESTLING
23 EXHIBITIONS, HELD WITHIN THIS COMMONWEALTH, EXCEPT SUCH CONTESTS
24 AND EXHIBITIONS AS ARE SPECIFICALLY EXEMPTED FROM THE PROVISIONS
25 OF THIS ACT.
26 SECTION 303. APPOINTMENT AND QUALIFICATIONS OF EXECUTIVE
27 DIRECTOR.
28 THE SECRETARY SHALL APPOINT AN EXECUTIVE DIRECTOR OF THE
29 COMMISSION. THE EXECUTIVE DIRECTOR SHALL HAVE ADMINISTRATIVE
30 EXPERIENCE AND OTHER QUALIFICATIONS INDICATING HE IS FAMILIAR
19890H1197B1910 - 12 -
1 WITH THE ACTIVITIES TO BE REGULATED BY THIS ACT AND SHALL SERVE
2 AT THE PLEASURE OF THE SECRETARY. THE DIRECTOR'S SALARY SHALL BE
3 FIXED BY THE SECRETARY WITH THE APPROVAL OF THE GOVERNOR, AND
4 THE DIRECTOR SHALL HOLD NO OTHER PAID PUBLIC POSITION.
5 SECTION 304. POWERS AND DUTIES OF EXECUTIVE DIRECTOR.
6 THE EXECUTIVE DIRECTOR SHALL SUPERVISE THE ADMINISTRATIVE
7 WORK OF THE COMMISSION. THE EXECUTIVE DIRECTOR SHALL HAVE THE
8 POWER AND HIS DUTY SHALL BE:
9 (1) TO ATTEND MONTHLY MEETINGS OF THE COMMISSION.
10 (2) TO RECOMMEND TO THE COMMISSION SUSPENSION OR
11 REVOCATION OF ANY LICENSE OR PERMIT ISSUED PURSUANT TO THIS
12 ACT FOR VIOLATIONS OF ANY PROVISIONS OF THIS ACT OR THE RULES
13 AND REGULATIONS OF THE COMMISSION, OR WHEN SUCH ACTION IS
14 NECESSARY TO PROTECT THE PUBLIC WELFARE.
15 (3) TO SUPERVISE AND DIRECT STAFF APPOINTED BY THE
16 SECRETARY ENGAGED IN WORK DIRECTLY RELATED TO THE
17 IMPLEMENTATION OF THIS ACT.
18 (4) TO PREPARE AND RECOMMEND TO THE COMMISSION RULES AND
19 REGULATIONS AND AMENDMENTS THERETO.
20 (5) TO IMPLEMENT AND SUPERVISE A DRUG TESTING PROGRAM OF
21 ALL ATHLETES LICENSED UNDER THIS ACT, IN CONSULTATION WITH
22 THE MEDICAL ADVISORY BOARD AND THE SECRETARY OF HEALTH OR HIS
23 DESIGNEE.
24 (6) TO PRESENT THE STANDING COMMITTEES OF BOTH HOUSES OF
25 THE GENERAL ASSEMBLY WITH AN ANNUAL REVIEW OF THE
26 COMMISSION'S RULES AND REGULATIONS.
27 (7) TO ESTABLISH AND MAINTAIN A RECORD OF ALL ATHLETES
28 LICENSED UNDER THIS ACT, SHOWING FOR EACH LICENSEE THE
29 FOLLOWING: THE DATE LICENSED, THE RESULTS OF PREFIGHT AND
30 POSTFIGHT PHYSICALS, ANY FICTITIOUS OR ASSUMED NAMES BY WHICH
19890H1197B1910 - 13 -
1 THE LICENSEE COMPETES, THE NUMBER AND DATES OF ANY
2 SUSPENSIONS OF THE ATHLETE, THE DATES WHEN THE ATHLETE IS
3 KNOCKED OUT AND THE ATHLETE'S RECORD FROM OTHER STATES.
4 (8) TO ADMINISTER AND MAKE EFFECTIVE THE PROVISIONS OF
5 THIS ACT AND THE RULES MADE THEREUNDER.
6 (9) TO CONDUCT A SUBSTANTIAL PORTION OF THE ACTIVITIES
7 REQUIRED BY THIS ACT AT A SINGLE CENTRAL LOCATION, WHEREIN
8 ALL RECORDS OF THE COMMISSION SHALL BE MAINTAINED.
9 (10) TO PREPARE AN ANNUAL BUDGET FOR THE CONSIDERATION
10 OF THE COMMISSION, SHOWING THE COSTS OF OPERATION AND
11 REVENUES RECEIVED IN THE PREVIOUS FISCAL YEAR AND THE
12 ESTIMATED COSTS OF OPERATIONS AND REVENUES TO BE RECEIVED IN
13 THE NEXT FISCAL YEAR. THE BUDGET SHALL BE APPROVED BY THE
14 COMMISSION AND FORWARDED TO THE SECRETARY IN A TIMELY FASHION
15 FOR HIS REVIEW AND INCLUSION IN THE BUDGET REQUEST OF THE
16 DEPARTMENT.
17 (11) TO AID THE COMMISSION IN THE PROMOTION OF BOXING
18 CONTESTS IN THE COMMONWEALTH.
19 SECTION 305. MEDICAL ADVISORY BOARD.
20 WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE
21 COMMISSION SHALL APPOINT FIVE PHYSICIANS TO SERVE ON A MEDICAL
22 ADVISORY BOARD FOR A TERM OF TWO YEARS. EACH MEMBER SHALL BE
23 PAID A PER DIEM RATE TO BE ESTABLISHED BY THE SECRETARY, BUT NOT
24 IN EXCESS OF $150 PER DAY. THE MEDICAL ADVISORY BOARD SHALL
25 ISSUE AN ANNUAL REPORT TO THE COMMISSION WHICH SHALL INCLUDE A
26 REVIEW OF THE HEALTH STATUS OF EACH BOXER WHO ACTUALLY COMPETED
27 DURING THE PRIOR FISCAL YEAR TO IDENTIFY THOSE WHO MAY BE AT
28 RISK OF SERIOUS PHYSICAL IMPAIRMENT AND A REVIEW OF THE HEALTH
29 AND SAFETY REGULATIONS PROMULGATED BY THE COMMISSION TO
30 RECOMMEND CHANGES OR ADDITIONS THERETO.
19890H1197B1910 - 14 -
1 CHAPTER 3 5 <--
2 REGULATIONS OF BOXING CONTESTS AND EXHIBITIONS
3 Section 301. Power of department to control boxing. <--
4 Except as provided in section 103, except such contests and
5 exhibitions as are specifically exempted from the provisions of
6 this act, the department is hereby granted sole direction,
7 control and jurisdiction over all amateur and professional
8 boxing contests and exhibitions or any variations thereof held
9 within this Commonwealth.
10 Section 302 501. Boxing regulated. <--
11 Amateur or professional PROFESSIONAL boxing contests or <--
12 exhibitions, including kick boxing, shall be held within this
13 Commonwealth only in accordance with the provisions of this act
14 and the rules and regulations promulgated hereunder. The
15 contests or exhibitions may be held on Sundays.
16 Section 303 502. Age of participants. <--
17 (a) General rule.--No person under the age of 18 shall be a
18 participant in any boxing contest or exhibition.
19 (b) Exception.--
20 (1) Any person between 12 and 17 years of age may
21 participate in amateur boxing contests or exhibitions under
22 such rules and regulations as the department COMMISSION shall <--
23 prescribe.
24 (2) Persons under 18 ANY PERSON BETWEEN 12 AND 17 years <--
25 of age may participate after obtaining written permission
26 from a parent or legal guardian, as well as consent by the
27 department EXECUTIVE DIRECTOR. <--
28 (3) Persons 12 to 16 years of age may only participate
29 in such contests with persons not more than one year older.
30 (c) Junior olympics.--The limitations set forth in
19890H1197B1910 - 15 -
1 subsections (a) and (b) shall not apply to sanctioned boxing
2 events for the junior olympics under the direction of a national
3 governing organization certified by the department COMMISSION. <--
4 For purposes of the junior olympic events, participants, with
5 the written permission of a parent or legal guardian, may box
6 only in the following age divisions:
7 (1) Ten and eleven years of age.
8 (2) Twelve and thirteen years of age.
9 (3) Fourteen and fifteen years of age.
10 Under no circumstances shall any participant take part in any
11 event outside of the approved division for such age group.
12 Section 304 503. Fictitious names. <--
13 No person shall participate in any amateur boxing contest or
14 exhibition under a fictitious or assumed name, unless such
15 fictitious or assumed name has first been registered with the
16 department COMMISSION. <--
17 Section 305 504. Physician to be in attendance. <--
18 A physician shall be assigned to every boxing contest or
19 exhibition by the department EXECUTIVE DIRECTOR. The physician <--
20 shall observe and continue to observe the physical condition of
21 the participants and is authorized to stop any contest or
22 exhibition at any time to examine a contestant and to terminate
23 a bout when, in the judgment of the physician, severe injury
24 could result to a contestant if the contest or exhibition were
25 to continue. The department COMMISSION shall establish by rule <--
26 or regulation a schedule of fees to be paid to physicians for
27 their services. The physician's fee shall be paid by the
28 promoter of the contest or exhibition attended by the physician.
29 Section 306 505. Medical training seminars. <--
30 The department COMMISSION shall conduct frequent mandatory <--
19890H1197B1910 - 16 -
1 medical training seminars at least three times a year for all
2 ring personnel, department COMMISSION personnel and other <--
3 designated persons employed by the department SECRETARY. <--
4 Section 307 506. Register. <--
5 The department EXECUTIVE DIRECTOR shall establish and <--
6 maintain a register for all professional boxers licensed in this
7 Commonwealth. The register shall include a photograph of the
8 boxer. In the register, the department EXECUTIVE DIRECTOR shall <--
9 record the results of each boxing contest or exhibition the
10 boxer is involved in, including technical knockouts, knockouts
11 and other boxing-related injuries, as well as the dates of each
12 contest or exhibition and the record of wins and losses.
13 Section 308 507. Medical equipment. <--
14 No professional or amateur boxing event shall be started <--
15 unless there is on the premises:
16 (1) An ambulance, together with emergency equipment.
17 (2) A portable resuscitator with oxygen and appropriate
18 endotracheal tubes and a qualified operator.
19 Section 309 508. Suspension. <--
20 For sound medical reasons and to protect the individual
21 boxers, the department COMMISSION shall establish mandatory <--
22 license suspensions of those persons who sustain certain
23 injuries. The department COMMISSION may suspend a boxer's <--
24 license for up to:
25 (1) Sixty days for a laceration of the face.
26 (2) Thirty days for a technical knockout with minor
27 injuries.
28 (3) Forty-five days for head injuries.
29 (4) Ninety days for a boxer receiving a knockout. Such
30 boxer shall receive an EEG within 24 hours of the knockout.
19890H1197B1910 - 17 -
1 Section 310 509. Examinations. <--
2 (a) Prefight physical.--
3 (1) In addition to any other examination required by
4 this act or the rules and regulations promulgated hereunder,
5 each boxer must be examined by the attending physician within
6 two hours before he enters the ring. If, in the opinion of
7 the physician, any boxer is physically or mentally unfit to
8 proceed, the physician shall notify the person in charge, who
9 shall immediately cancel the contest or exhibition.
10 (2) This required examination shall conform to the rules
11 and regulations promulgated by the department COMMISSION. <--
12 (b) Postfight physical.--In addition to the examination
13 required in this act, every boxer shall be examined by a
14 physician designated by the department EXECUTIVE DIRECTOR during <--
15 the five days following every contest or exhibition in which he
16 was a participant. Such examination shall be performed at the
17 expense of the promoter.
18 (c) Filing of results of physicals.--The results of the
19 examinations required by this section shall be reduced to
20 writing by the physician, signed by him and filed with the
21 department COMMISSION within 48 hours after they have been <--
22 performed.
23 Section 311 510. Weights and classes. <--
24 The department COMMISSION shall establish classes of boxers <--
25 by rules and regulations promulgated under this act. Such
26 classes shall be based upon weights.
27 Section 312 511. Limitation on difference in weights. <--
28 No contest or exhibition shall be lawful in which the
29 difference in weight of the participants exceeds ten pounds.
30 This limitation shall not apply to contests or exhibitions
19890H1197B1910 - 18 -
1 between participants in the light-heavyweight and heavyweight
2 classes, as defined by the department COMMISSION, nor to <--
3 exhibitions held solely for training purposes.
4 Section 313 512. Gloves. <--
5 (A) GENERAL RULE.--ALL BOXERS LICENSED UNDER THIS ACT SHALL <--
6 BE REQUIRED TO USE THUMBLESS OR THUMB-ATTACHED GLOVES. The
7 appropriate weight boxing gloves shall be worn by boxers as
8 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 (B) VIOLATION.--A VIOLATION OF THIS SECTION MAY SUBJECT THE <--
16 PARTICIPANT, PROMOTER AND/OR MANAGER TO SUSPENSION OF NOT LESS
17 THAN 30 DAYS OR REVOCATION OF THEIR LICENSES, AT THE DISCRETION
18 OF THE COMMISSION, PURSUANT TO SECTION 1504.
19 Section 314 513. Duration of boxing bouts; length of rounds. <--
20 (a) Length of contest.--No boxing contest or exhibition
21 shall be more than 15 12 rounds in length, EXCEPT FOR <--
22 CHAMPIONSHIP CONTESTS SANCTIONED BY RECOGNIZED INTERNATIONAL OR
23 NATIONAL AUTHORITIES, WHICH MAY BE UP TO 15 ROUNDS IN LENGTH.
24 (b) Duration of round.--No round shall be more than three
25 minutes in duration.
26 (c) Mandatory rest period.--There shall be at least a one
27 minute rest between consecutive rounds.
28 (d) Limitation on participation.--No boxer shall participate
29 in, nor be scheduled to participate in, more than 15 rounds
30 within 72 consecutive hours.
19890H1197B1910 - 19 -
1 (e) Limitation on rounds.--The department COMMISSION may, in <--
2 respect to any contest or exhibition or in respect to any class
3 of participants, limit the number of rounds in a contest or
4 exhibition to less than the maximum of 15 rounds.
5 Section 315 514. Attendance of referee and judges; scoring. <--
6 (a) Referee.--At each professional boxing contest or
7 exhibition, except an exhibition held solely for training
8 purposes, there shall be in attendance, at the expense of the
9 promoter, a duly licensed referee designated by the department <--
10 EXECUTIVE DIRECTOR, who shall direct and control the contest or <--
11 exhibition.
12 (b) Judges.--There shall also be in attendance at every
13 boxing contest, at the expense of the promoter, two licensed
14 judges, each of whom shall, together with the referee, render
15 his individual decision, in writing, on a scorecard supplied by
16 the department EXECUTIVE DIRECTOR at the end of every boxing <--
17 contest which continues for the scheduled number of rounds. Each
18 judge and the referee shall have one vote, and a majority of the
19 votes cast shall determine the winner.
20 (c) Scoring.--The department COMMISSION shall by rule or <--
21 regulation prescribe the methods of scoring.
22 Section 316 515. Seconds. <--
23 Before the start of any boxing contest or exhibition, the
24 referee shall ascertain from each participant the name of the
25 chief second. The chief second shall be held responsible for the
26 conduct of his assistants during the contest or exhibition.
27 Section 317 516. Duty of disclosure. <--
28 Every licensee shall, immediately after learning thereof,
29 disclose to the department EXECUTIVE DIRECTOR OR HIS DESIGNEE, <--
30 or to the official in charge or the attending physician or
19890H1197B1910 - 20 -
1 referee if one of these persons is in attendance at any contest
2 or exhibition, all knowledge or information in his possession
3 concerning any mental or physical disability, injury, illness or
4 incapacity of any boxer.
5 Section 318 517. Sham or collusive contest prohibited. <--
6 (a) General rule.--No licensee or other person shall
7 knowingly conduct, give, participate in or be in any way
8 connected with any sham or collusive boxing contest.
9 (b) Reports.--Any licensee who knows or has reason to
10 suspect that a boxing contest is, was or is going to be a sham
11 or collusive contest shall have a duty to promptly report this
12 to the department or a representative thereof EXECUTIVE DIRECTOR <--
13 OR HIS DESIGNEE. Such a report shall be in writing or, if oral,
14 shall be reduced to writing and shall contain all of the
15 reporter's reasons for the conclusions set forth in his report.
16 (c) Definition.--A sham or collusive contest is one in which
17 one or both of the participants does not use his best efforts
18 and skill or does not strive earnestly in good faith to win. It
19 includes, but is not limited to, any pseudo contest, the result
20 of which has been prearranged or any pseudo contest in which
21 either participant does not, is not going to, or is unable to
22 use or is prevented from using his best efforts and skill as a
23 result of coercion, bribery, duress, threats, reward or promise
24 thereof, physical incapacity or disability, suggestion or
25 agreement, or any other improper or unlawful means.
26 (d) Penalty.--A violation of this section shall constitute a
27 misdemeanor of the third degree.
28 Section 319 518. Minimum purses for boxers. <--
29 No purse less than $25 $50 shall be paid by the promoter to <--
30 any professional boxer for any contest or exhibition, other than
19890H1197B1910 - 21 -
1 a training exhibition.
2 Section 320 519. Distribution of purses to boxers; statements. <--
3 (a) Promoter distribution.--Unless otherwise directed by the
4 department EXECUTIVE DIRECTOR, all boxing purses shall be <--
5 distributed by the promoter not later than 24 hours after the
6 conclusion of the contest or exhibition for which the purse is
7 being paid. A written statement showing the distribution of the
8 purse, including each item of receipt and each expenditure or
9 deduction, shall be furnished to the boxer and his manager,
10 together with his share of the purse, and a copy thereof
11 certified by the promoter to be true and correct shall be filed
12 in the office of the department EXECUTIVE DIRECTOR. Receipted <--
13 vouchers for every expenditure or deduction shall be attached to
14 the copy filed with the department.
15 (b) Manager distribution.--Unless otherwise directed by the
16 department EXECUTIVE DIRECTOR, every manager shall furnish a <--
17 statement of distribution to the boxer he manages, together with
18 the boxer's share of the purse, not later than 24 hours after he
19 receives the purse and statement from the promoter. A copy
20 thereof, certified by the manager to be true and correct, shall
21 be filed in the office of the department, and it shall have
22 attached to it receipted vouchers for every expenditure or
23 deduction made by the manager.
24 Section 321 520. Withholding of moneys. <--
25 (a) General rule.--The department COMMISSION shall have the <--
26 power to order the promoter to withhold any purse, or any part
27 thereof, or any receipts or other funds belonging to or payable
28 to any contestant or for which any contestant is competing or of
29 any manager's share of, if it should appear that such contestant
30 is not competing honestly or is intentionally not competing to
19890H1197B1910 - 22 -
1 the best of his ability and skill, or if it should appear that
2 the contestant, his manager or any of his seconds has violated
3 any provision of this act or the rules and regulations
4 promulgated under this act.
5 (b) Escrow.--The department COMMISSION shall have the power <--
6 to order that the gross receipts shall be withheld and placed in
7 escrow if it should appear that the act has been violated.
8 Section 322 521. Hearing regarding withheld purse. <--
9 (a) Delivery to department COMMISSION.--Any purse, or <--
10 portion thereof, so withheld shall be delivered by the promoter
11 to the department COMMISSION within 48 hours after the end of <--
12 the contest.
13 (b) Request for hearing.--Within ten days after the end of
14 the contest, the licensee from whom the sum was withheld shall
15 have the right to apply in writing to the department COMMISSION <--
16 for a hearing. Upon receipt of such application, the department <--
17 COMMISSION shall fix a date for a hearing. <--
18 Section 323 522. Hearing, disposition of withheld purse. <--
19 (a) General rule.--Within a reasonable time after the
20 hearing or after the expiration of ten days following the
21 contest, if no application for a hearing is filed, the
22 department COMMISSION shall determine the disposition to be made <--
23 of the withheld purse.
24 (b) Withholding.--If the department COMMISSION finds the <--
25 charge or charges upon which the withholding order was based to
26 be true and to be sufficient lawful reason upon which to base
27 such an order, it may, in its discretion, declare the funds
28 withheld, or any part thereof, forfeited.
29 (c) Distribution.--If the department COMMISSION finds the <--
30 charge or charges to be untrue or not to be sufficient lawful
19890H1197B1910 - 23 -
1 reason upon which to base a withholding order, it shall
2 distribute the withheld funds to the persons entitled thereto.
3 Section 324 523. Payments regulated. <--
4 (a) General rule.--No promoter or foreign copromoter shall
5 pay, lend or give any money to a contestant before any boxing
6 contest as an advance against his purse or for a similar
7 purpose. A promoter may, with the prior written permission of
8 the department COMMISSION, pay or advance to a contestant <--
9 necessary expenses for transportation and maintenance in
10 preparation for a contest.
11 (b) Forfeiture of purse.--If a contestant's purse is
12 forfeited, the department COMMISSION may include such payments <--
13 or advances as part of the forfeiture, and, if he does not
14 forward such amount to the department, it may be recovered in
15 the same manner as a debt due the Commonwealth.
16 Section 325 524. Insurance. <--
17 The department COMMISSION may, by rules and regulations, <--
18 require licensed boxers to be covered by insurance for:
19 (1) Medical, surgical and hospital care resulting from
20 injuries sustained while preparing for or engaged in boxing
21 contests or exhibitions with the insured being the
22 beneficiary of such policies.
23 (2) Life, providing for payments to the estates or
24 beneficiaries of deceased boxers where death was caused by
25 injuries received while preparing for or engaged in boxing
26 contests or exhibitions.
27 The premiums for such insurance shall be paid by the insured's
28 manager.
29 CHAPTER 5 7 <--
30 SAFETY REGULATIONS
19890H1197B1910 - 24 -
1 Section 501 701. Mandatory eight count. <--
2 Whenever a boxer is knocked down, the boxer shall be required
3 to take a count of eight. The referee shall not permit the
4 contest or exhibition to be resumed until the count of eight has
5 actually been reached, except in professional championship
6 boxing contests and exhibitions.
7 Section 502 702. Knockout. <--
8 When a boxer is actually knocked out, the referee shall count
9 to ten, and shall not stop the count earlier and record a
10 technical knockout.
11 Section 503 703. Physician at knockout. <--
12 When a boxer has been knocked out, no one shall touch him,
13 except to remove his mouth protector, until after the attending
14 physician has entered the ring and issued such instructions as
15 he deems necessary.
16 Section 504 704. Ring padding. <--
17 All ring padding shall be subject to approval of the
18 department COMMISSION. All padding shall be of soft felt, foam <--
19 rubber or similar material and shall be at least two inches
20 thick.
21 Section 505 705. Boxer knocked unconscious. <--
22 A boxer who has been knocked unconscious or who has received
23 a concussion shall not be allowed to box again for 90 days, and
24 then only after having been pronounced fit after a thorough
25 physical examination by a physician.
26 Section 506 706. Boxer repeatedly knocked out. <--
27 A boxer who has been knocked out or severely beaten shall be
28 retired and not permitted to box again if, after subjecting him
29 to a thorough examination by a physician, the department <--
30 COMMISSION decides such action is necessary in order to protect <--
19890H1197B1910 - 25 -
1 the health and welfare of the boxer.
2 Section 507 707. Six consecutive defeats. <--
3 A boxer who has suffered six consecutive defeats shall be
4 investigated by the department COMMISSION and examined by a <--
5 physician.
6 CHAPTER 7 9 <--
7 LICENSES AND PERMITS
8 Section 701 901. Power of department COMMISSION to issue, <--
9 withhold, suspend or revoke licenses and permits.
10 The department COMMISSION is hereby granted sole control, <--
11 authority and jurisdiction to issue, withhold, suspend or revoke
12 any license or permit provided for in this act.
13 Section 702 902. Promoters' licenses. <--
14 No promoter shall, either directly or indirectly, conduct,
15 hold or promote any professional boxing contest or exhibition
16 unless he has first procured a promoter's license from the
17 department. A violation of this section shall constitute a <--
18 misdemeanor of the third degree. COMMISSION. A VIOLATION OF THIS <--
19 SECTION MAY SUBJECT THE PROMOTER TO SUSPENSION OF NOT LESS THAN
20 30 DAYS OR REVOCATION OF HIS LICENSE AT THE DISCRETION OF THE
21 COMMISSION PURSUANT TO SECTION 1504.
22 Section 703 903. Representative managers' licenses. <--
23 (a) General rule.--Before acting as such, every
24 representative manager shall procure a manager's license. He
25 shall file with the department the name of each boxer whom he
26 represents, together with a written consent from each such boxer
27 and his manager authorizing him to transact business for such
28 manager or boxer or to act as or for the manager of such boxer.
29 (b) Presumption.--Every person other than the manager of a
30 professional boxer who performs any of the acts usually
19890H1197B1910 - 26 -
1 performed by the manager or who aids, assists or substitutes for
2 the manager or who uses a licensed manager to conceal his own
3 actions as a manager shall be considered a representative
4 manager.
5 (c) Penalty.--A violation of this section shall constitute a <--
6 misdemeanor of the third degree. MAY SUBJECT THE MANAGER TO <--
7 SUSPENSION OF NOT LESS THAN 30 DAYS OR REVOCATION OF HIS LICENSE
8 AT THE DISCRETION OF THE COMMISSION PURSUANT TO SECTION 1504.
9 Section 704 904. Foreign copromoters to procure permits. <--
10 (a) General rule.--No foreign copromoter shall directly or
11 indirectly participate in the promotion of or receive any
12 remuneration from or render any services in connection with any
13 professional boxing contest or exhibition held within this
14 Commonwealth unless he has first been granted a permit therefor
15 by the department COMMISSION. No promoter shall be associated <--
16 with any foreign copromoter in promoting any contest or
17 exhibition unless the foreign copromoter has first secured a
18 permit. A foreign copromoter by accepting a permit agrees to be
19 subject to all the provisions of this act and the rules and
20 regulations promulgated under this act.
21 (b) Penalty.--A violation of this section shall constitute a <--
22 misdemeanor of the third degree. MAY SUBJECT THE PROMOTER AND/OR <--
23 FOREIGN COPROMOTER TO SUSPENSION OF NOT LESS THAN 30 DAYS OR
24 REVOCATION OF HIS LICENSE OR PERMIT AT THE DISCRETION OF THE
25 COMMISSION PURSUANT TO SECTION 1504.
26 Section 705 905. Other licenses required. <--
27 (a) Other licenses.--No professional boxer, manager, second,
28 trainer, matchmaker, timekeeper, referee, judge, announcer,
29 physician, booking agent or agency or representative of a
30 booking agent or agency shall directly or indirectly act in such
19890H1197B1910 - 27 -
1 capacity in connection with any professional boxing contest or
2 exhibition unless he has first procured a license to act in such
3 a capacity from the department COMMISSION. <--
4 (b) Penalty.--A violation of this section shall constitute a <--
5 misdemeanor of the third degree. MAY SUBJECT THE BOXER, MANAGER, <--
6 SECONDS, TRAINER, MATCHMAKER, TIMEKEEPER, REFEREE, JUDGE,
7 ANNOUNCER, PHYSICIAN, BOOKING AGENT OR AGENCY OR REPRESENTATIVE
8 OF A BOOKING AGENT OR AGENCY TO SUSPENSION OF NOT LESS THAN 30
9 DAYS OR REVOCATION OF THEIR LICENSES AT THE DISCRETION OF THE
10 COMMISSION PURSUANT TO SECTION 1504.
11 Section 706 906. Permits required. <--
12 In addition to the promoter's license, each promoter shall be
13 required to procure a permit for each program of contests or
14 exhibitions before presenting that program. Each application for
15 a permit shall specify the premises where and time when the
16 program is to be held.
17 Section 707 907. Permits for amateurs. <--
18 (a) Permit required.--Except as otherwise provided in this
19 act, no amateur boxing contest or exhibition shall be held
20 without a permit having been first secured from the department.
21 (b) Eligibility.--Permits for amateur boxing contests or
22 exhibitions shall be issued only to bona fide recognized amateur
23 athletic associations, nonprofit organizations or other groups
24 or individuals approved by the department COMMISSION. <--
25 (c) Miscellaneous.--Permits under this section may be issued
26 for a single contest or exhibition, a series of contests or
27 exhibitions, or for a period not exceeding one year. The
28 department COMMISSION may issue amateur permits without charging <--
29 any fee or for a fee of $5 per permit.
30 Section 708 908. Restrictions. <--
19890H1197B1910 - 28 -
1 No officer, director, stockholder or employee of a licensed
2 promoter shall have any other interest in any professional boxer
3 or professional contests or exhibitions except as a matchmaker.
4 Section 709 909. Permits not to be issued. <--
5 No permit shall be issued for the holding of any boxing
6 contest or exhibition within any political subdivision of this
7 Commonwealth which has adopted, or which adopts, any local
8 ordinance or resolution prohibiting such contests or exhibitions
9 within its limits.
10 Section 710 910. Standards for the issuance of licenses and <--
11 permits.
12 (a) Consideration.--In determining whether to issue or renew
13 any license or permit, the department COMMISSION shall consider <--
14 the best interest and welfare of the public, the preservation of
15 the safety and health of participants and the best interests of
16 boxing generally.
17 (b) Prerequisites.--Before being granted any permit or
18 license, the applicant must establish that the applicant is:
19 (1) Of a good moral character.
20 (2) Of good reputation.
21 (3) Physically fit and mentally sound.
22 (4) Skilled in his profession.
23 (5) Of requisite age and experience.
24 (6) Not addicted to the intemperate use of alcohol or to
25 the use of narcotic drugs.
26 In the case of a corporate applicant, these factors shall be
27 considered with reference to its officers, directors, employees
28 and principal stockholders.
29 Section 711 911. Duration of license. <--
30 Each license issued under this act shall expire on December
19890H1197B1910 - 29 -
1 31 next following the date on which it was issued.
2 Section 712 912. Applications for licenses and permits. <--
3 Every application for a license or a permit shall:
4 (1) Be in writing on a form supplied by the department <--
5 COMMISSION. <--
6 (2) Be verified by the applicant.
7 (3) Set forth such information and have attached thereto
8 such photographs and other exhibits as are required by this
9 act, the rules and regulations promulgated under this act,
10 and the form of application.
11 Section 713 913. Oral examinations. <--
12 The department COMMISSION shall have the right to require any <--
13 applicant for a license or permit, or in the case of a corporate
14 applicant, any officer, director, employee or stockholder
15 thereof, to appear before the department COMMISSION for an oral <--
16 examination, under oath, as to qualifications of the applicant
17 before taking actions on that application.
18 Section 714. Fingerprints. <--
19 The department shall have taken, in duplicate, the
20 fingerprints of each applicant for a license or permit or, in
21 the case of a corporate applicant, of such of its officers,
22 directors, employees or stockholders as the department may
23 require. One set of fingerprints shall be filed in the
24 Harrisburg office of the Pennsylvania State Police and the other
25 set shall be filed in the department.
26 Section 715 914. License fees. <--
27 The annual license fees which shall accompany each
28 application for a license or the renewal of a license shall be
29 fixed by departmental regulation. The department may issue <--
30 licenses without fees to referees and physicians authorizing
19890H1197B1910 - 30 -
1 them to officiate only at boxing contests or exhibitions between
2 amateurs. COMMISSION REGULATION. <--
3 Section 716 915. Permit fees. <--
4 (a) General rule.--The required fees, based upon the seating
5 capacity of the premises where the program is to be presented,
6 shall accompany each application for a permit to present a
7 program of contests or exhibitions. The amount of the fee shall
8 be fixed by departmental COMMISSION regulation. <--
9 (b) Foreign copromoter permit.--The fee for the issuance of
10 a foreign copromoter's permit for each program of contests or
11 exhibitions shall be fixed by departmental COMMISSION <--
12 regulation.
13 Section 717 916. Additional license fees; penalties. <--
14 (a) Gross receipts fees.--In addition to the payment of any
15 other fees and moneys due under this act, every promoter shall
16 pay an additional license fee of 5% of the total gross receipts
17 of any boxing contest or exhibition, exclusive of any Federal
18 tax or any tax imposed by any political subdivision of this
19 Commonwealth which was paid thereon. For the purposes of this
20 section, total gross receipts of every promoter upon which the
21 5% is to be computed shall include the gross price chargeable
22 for the sale, lease or other exploitation of broadcasting,
23 television and motion picture rights of such contest or
24 exhibition without any deductions whatsoever for commissions,
25 brokerage fees, distribution fees, advertising or other expenses
26 or charges in respect thereto. Gross receipts, for the purposes
27 of this section, shall also include the face value of all
28 tickets sold and complimentary tickets issued.
29 (b) Time period for payment.--The payment of the additional
30 license fee provided for in this section shall be made within 48
19890H1197B1910 - 31 -
1 hours after the contest or exhibition and shall be accompanied
2 by a form prescribed by the Department of Revenue setting forth
3 the gross receipts received from the contest or exhibition,
4 together with such other information as the Department of
5 Revenue may require.
6 (c) Collection of fee.--The additional license fee provided
7 for in this section shall be collected by the department and
8 transmitted to the Department of Revenue, together with the
9 reports filed therewith.
10 (d) Penalties.--
11 (1) Any promoter who willfully makes a false and
12 fraudulent report under this section commits perjury, and
13 shall, upon conviction, be subject to punishment as provided
14 by law. Such penalty shall be in addition to any other
15 penalties imposed by this act.
16 (2) Any promoter who willfully fails, neglects or
17 refuses to make a report, or to pay the license fees as
18 herein prescribed, or who refuses to permit the department to
19 examine the books, papers and records of any promotion
20 commits a misdemeanor of the third degree AND MAY BE SUBJECT <--
21 TO SUSPENSION OR LOSS OF HIS LICENSE AT THE DISCRETION OF THE
22 COMMISSION.
23 CHAPTER 9 11 <--
24 CONTRACTS, ADVERTISING, TICKETS AND SPECTATORS
25 Section 901. Department 1101. COMMISSION control of contracts. <--
26 The department COMMISSION, WITH THE APPROVAL OF THE <--
27 DEPARTMENT, is required to promulgate rules and regulations
28 governing the form and content of all contracts entered into
29 between or among promoters and foreign copromoters and
30 professional boxers and managers and all contracts between
19890H1197B1910 - 32 -
1 managers and professional boxers. All contracts required under
2 the provisions of this act shall be in writing.
3 Section 902 1102. Contracts subject to law. <--
4 Every contract subject to the provisions of this chapter
5 shall contain the following clause:
6 This agreement is subject to the provisions of this act
7 and to the rules and regulations of the Department of
8 State, and to any future amendments of either of them.
9 Section 903 1103. Provisions in contracts between managers and <--
10 professional boxers.
11 (a) General provisions.--Every contract between a manager
12 and a professional boxer shall contain provisions governing its
13 duration, division of the boxer's purses and the minimum sum to
14 be guaranteed annually to the boxer by the manager.
15 (b) Termination of contract.--Each contract shall further
16 provide that the contract shall be automatically terminated if
17 the license of either party is revoked by the department <--
18 COMMISSION or if the manager fails to renew his license within <--
19 30 days after its expiration. If the license of either party is
20 suspended, the contract shall not be binding upon the other
21 party during the period of such suspension.
22 Section 904 1104. Approval of contracts. <--
23 No contract between a manager and a professional boxer shall
24 be legally valid and binding until both parties to the contract
25 have appeared before the department COMMISSION and have received <--
26 departmental ITS approval which shall be endorsed on the <--
27 contract.
28 Section 905 1105. Tickets. <--
29 (a) Scheduled date and price.--Every ticket of admission to
30 a boxing contest or exhibition shall clearly show on its face
19890H1197B1910 - 33 -
1 the scheduled date of the contest or exhibition and its purchase
2 price, including any taxes thereon.
3 (b) Price limitation.--No ticket shall be sold by any
4 promoter or foreign copromoter for more than the price printed
5 thereon.
6 (c) Anti-scalping provision.--No other person shall sell any
7 ticket for more than 50¢ in excess of the price printed on the
8 ticket. No licensee under this act shall directly or indirectly
9 receive any part of any excess price.
10 (d) Numbering of tickets.--Tickets in each price range shall
11 be consecutively numbered, and the number of each ticket shall
12 be clearly printed on both the stub and main portion of the
13 ticket.
14 (e) Schedule of tickets.--A schedule of the numbers of all
15 tickets in each price range shall be furnished to the
16 department.
17 Section 906 1106. Misdemeanor to destroy tickets. <--
18 Except upon receipt of prior written authorization from the
19 department, it shall be a misdemeanor of the second degree for
20 any promoter or person associated with or employed by any
21 promoter to destroy any ticket or ticket stub, whether sold or
22 unsold, within six months after the date of any contest or
23 exhibition.
24 Section 907 1107. Ticket refunds. <--
25 (a) Full refund.--Upon postponement or cancellation of the
26 main event or the entire program of contests or exhibitions, the
27 promoter shall refund the full purchase price of each ticket to
28 any person who presents such ticket for a refund within 30 days
29 after the scheduled date of the event. Within 10 days after the
30 expiration of this 30-day period, the promoter shall pay all
19890H1197B1910 - 34 -
1 unclaimed ticket receipts to the department. The department
2 shall hold these funds for a period of one year for the purpose
3 of making additional refunds. Thereafter, the department shall
4 pay all remaining moneys from such ticket sale to the State
5 Treasurer for deposit into the General Fund, without escheat.
6 (b) Forfeiture of security.--Failure of any promoter or
7 foreign copromoter to comply with the provisions of subsection
8 (a) shall be sufficient cause to warrant a forfeiture of his
9 bond, or other security, and an imposition of a penalty or
10 suspension or revocation of his license by the department as
11 provided in this act.
12 (c) Pro rata refunds.--From the fund produced by the
13 forfeiture, pro rata refunds shall be made by the department to
14 persons who purchased tickets, in accordance with the provisions
15 of subsection (a).
16 Section 908 1108. Advertising matter to state admission price. <--
17 Each showcard, bill, poster, newspaper or any other
18 advertisement of any contest or exhibition shall contain a
19 schedule of admission prices and a conspicuous statement of
20 whether a contest or exhibition is being presented. Failure to
21 comply with the provisions of this section shall constitute
22 grounds for the suspension or revocation of the promoter's
23 license.
24 Section 909 1109. Admissions not to exceed seating capacity. <--
25 It shall be a misdemeanor of the third degree for any
26 promoter to admit to any contest or exhibition more persons than
27 there are seats in the place where the contest or exhibition is
28 being held.
29 Section 910 1110. Age of spectators. <--
30 No minor 16 years of age or under shall be permitted to
19890H1197B1910 - 35 -
1 attend any boxing contest or exhibition unless accompanied by an
2 adult.
3 CHAPTER 11 13 <--
4 BONDS
5 Section 1101 1301. Promoters and foreign copromoters required <--
6 to file bonds.
7 (a) General rule.--Before any license or renewal of a
8 license is issued to a promoter and before any permit is issued
9 to a foreign copromoter, he shall be required to execute and
10 file a surety bond with the department in such reasonable
11 amount, but not less than $3,000, as the department shall
12 determine.
13 (b) Form of bond.--All such bonds shall be upon forms
14 supplied by the department, which shall have first adopted them
15 with the approval of the Office of Attorney General.
16 (c) Approval of sureties.--The sufficiency of the sureties
17 shall be subject to approval of the department and the Office of
18 Attorney General.
19 (d) Conditions.--The surety bond shall be conditioned upon
20 the faithful performance by the promoter or foreign copromoter
21 of his obligations under this act and the rules and regulations
22 promulgated pursuant hereto, including, but not limited to, the
23 fulfillment of his contractual obligations to contestants,
24 managers and other licensees, and the payment of all license and
25 permit fees provided for in this act. The aggregate annual
26 liability of the surety for all obligations and fees shall in no
27 event exceed the amount of the bond.
28 Section 1102 1302. Deposit in lieu of surety bond. <--
29 In lieu of the surety bond required by section 1101, the
30 promoter may deposit with the department cash, a certified
19890H1197B1910 - 36 -
1 check, or direct obligations of the United States or the
2 Commonwealth of Pennsylvania acceptable to the department, in an
3 equivalent amount and subject to the same conditions. Such
4 security shall not be returned to the promoter until one year
5 after the date on which it was deposited with the department,
6 unless a surety bond is substituted for the security. After the
7 expiration of one year from the date on which the security was
8 deposited, if no claim against the deposit is outstanding, it
9 shall be returned to the depositor.
10 Section 1103 1303. Filing fee. <--
11 A filing fee fixed by the department shall accompany each
12 bond filed or cash or security deposited in lieu of the bond
13 under the provisions of this act.
14 Section 1104 1304. Recovery on bond. <--
15 Recovery may be had on such bond or against such deposit of
16 cash or security in the same manner as penalties are recoverable
17 at law.
18 SECTION 1305. APPLICATION AND FEES. <--
19 (A) FEE.--AN APPLICATION FOR A PERMIT OR LICENSE SHALL BE
20 ACCOMPANIED BY A NONREFUNDABLE APPLICATION FEE IN AN AMOUNT
21 ESTABLISHED BY THE COMMISSION BY REGULATION, WHICH FEE SHALL BE
22 SUBJECT TO REVIEW IN ACCORDANCE WITH THE ACT OF JUNE 25, 1982
23 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT. IF THE
24 REVENUES GENERATED BY FEES, FINES AND CIVIL PENALTIES IMPOSED IN
25 ACCORDANCE WITH THE PROVISIONS OF THIS ACT ARE NOT SUFFICIENT TO
26 MATCH EXPENDITURES OVER A TWO-YEAR PERIOD, THE COMMISSION SHALL
27 INCREASE THOSE FEES BY REGULATION, SUBJECT TO REVIEW IN
28 ACCORDANCE WITH THE REGULATORY REVIEW ACT, SUCH THAT THE
29 PROJECTED REVENUES WILL MEET OR EXCEED PROJECTED EXPENDITURES.
30 IF THE DEPARTMENT DETERMINES THAT FEES AND/OR FINES ESTABLISHED
19890H1197B1910 - 37 -
1 BY THE COMMISSION ARE INADEQUATE TO MEET THE MINIMUM ENFORCEMENT
2 EFFORTS REQUIRED BY THIS ACT, THEN THE DEPARTMENT, AFTER
3 CONSULTATION WITH THE COMMISSION, SHALL INCREASE THE FEES AND/OR
4 FINES BY REGULATIONS, SUBJECT TO REVIEW IN ACCORDANCE WITH THE
5 REGULATORY REVIEW ACT, SUCH THAT ADEQUATE REVENUES ARE RAISED TO
6 MEET THE MINIMUM ENFORCEMENT EFFORTS REQUIRED UNDER THIS ACT.
7 (B) AFFIDAVIT.--EACH APPLICATION SHALL BE ACCOMPANIED BY AN
8 AFFIDAVIT OR AFFIRMATION OF THE APPLICANT AS TO ITS VERITY.
9 (C) DISPOSITION AND USE OF FEES.--FEES SHALL BE COLLECTED BY
10 THE COMMISSION AND SHALL BE PAID INTO THE ATHLETIC COMMISSION
11 AUGMENTATION ACCOUNT.
12 CHAPTER 13 15 <--
13 HEARINGS AND TEMPORARY SUSPENSIONS
14 Section 1301. Department 1501. COMMISSION hearings. <--
15 The department COMMISSION shall conduct all hearings under <--
16 the provisions of Title 2 of the Pennsylvania Consolidated
17 Statutes (relating to administrative law and procedure), AND <--
18 MUST CONDUCT A HEARING WITHIN TEN BUSINESS DAYS FROM THE TIME
19 ANY RECOMMENDATION IS MADE BY THE EXECUTIVE DIRECTOR THAT A
20 PERMIT OR LICENSE BE SUSPENDED OR REVOKED.
21 Section 1302 1502. Subpoenas. <--
22 The department COMMISSION may issue subpoenas in connection <--
23 with the investigations, requiring the attendance and testimony
24 of or the production of books and papers by any licensee or
25 other person whom the department COMMISSION believes to have <--
26 information, books or papers of importance to it in making the
27 investigation.
28 Section 1303 1503. Temporary suspension of licenses or permits. <--
29 (a) General rule.--The department COMMISSION shall have the <--
30 power, upon its own motion or upon the verified written
19890H1197B1910 - 38 -
1 complaint of any person charging a licensee or permittee with
2 violating any provision of this act or the rules and regulations
3 promulgated under this act, to suspend temporarily any license
4 or permit until final determination by the department <--
5 COMMISSION, when such action is necessary to protect the public <--
6 welfare and the best interests of boxing.
7 (B) MEETINGS.--UPON THE REQUEST OF THE SECRETARY AND THE <--
8 ORAL OR WRITTEN AGREEMENT OF TWO MEMBERS OF THE COMMISSION, THE
9 COMMISSION MAY CONDUCT MEETINGS UNDER SUBSECTION (A) BY VOICE OR
10 VIDEO ELECTRONIC MEANS, IF THE SUBJECT MATTER OF THE MEETING IS
11 SO COMPELLING OR TIMELY THAT CONSIDERING THE MATTER AT THE
12 COMMISSION'S NEXT REGULAR MEETING WOULD RENDER ANY DECISION
13 MOOT, ADVERSELY AFFECT THE RIGHTS OF THE AGGRIEVED PARTIES UNDER
14 THIS ACT OR THREATEN THE SAFETY OR PHYSICAL HEALTH OF
15 PARTICIPANTS. A STENOGRAPHIC RECORD OF SUCH MEETINGS SHALL BE
16 MADE AND MAINTAINED BY THE COMMISSION AND BE MADE AVAILABLE TO
17 THE PARTIES UPON REQUEST. THE SUBJECT MATTER OF ANY SUCH MEETING
18 SHALL THEN BECOME THE FIRST ITEM ON THE COMMISSION'S AGENDA FOR
19 ITS NEXT REGULARLY SCHEDULED MEETING.
20 (b) (C) Hearing date.--The department COMMISSION shall hold <--
21 a hearing within ten BUSINESS days after the date on which the <--
22 license or permit was suspended temporarily, AT WHICH TIME <--
23 REASONABLE EFFORTS SHALL BE MADE FOR THE AFFECTED PARTIES AND
24 THE COMMISSION TO BE PHYSICALLY PRESENT.
25 Section 1304 1504. Suspension or revocation of licenses. <--
26 The department (A) GENERAL RULE.--THE COMMISSION shall have <--
27 the power to suspend or revoke a license or permit in any case
28 where the department COMMISSION finds that the licensee or <--
29 permittee:
30 (1) Is guilty of gross immorality.
19890H1197B1910 - 39 -
1 (2) Is unfit or incompetent by reason of negligence or
2 habits.
3 (3) Is guilty of violating any provision of this act or
4 of the rules and regulations of the department.
5 (4) Has committed fraud or deceit in securing his or
6 another's license or permit.
7 (5) Has been convicted of, or pleaded guilty or entered
8 a plea of nolo contendere to, or has been found guilty by a
9 judge or jury of, a crime in any jurisdiction within ten days
10 preceding the suspension or revocation.
11 (6) Is an habitual drunkard, or is addicted to the use
12 of morphine, cocaine or other drugs having a similar effect.
13 (7) Is or has become mentally incompetent.
14 (8) Has been guilty of unprofessional or unethical
15 conduct, or such conduct as to require a suspension or
16 revocation in the public interest.
17 (9) Has made a misstatement of a material fact or
18 fraudulently concealed a material fact, or has induced, aided
19 or abetted any other person in misstating or concealing any
20 material fact in any application or other proceeding under
21 this act.
22 (10) Has failed to account for or pay over moneys
23 belonging to others which have come into his possession in
24 connection with a boxing contest or exhibition.
25 (11) Has failed to furnish to the proper party a copy of
26 any contract or statement required by this act or the rules
27 and regulations promulgated under this act, or has breached
28 such a contract.
29 (12) Has paid or agreed to pay any money or article of
30 value to any person not having a license or a permit for
19890H1197B1910 - 40 -
1 soliciting or for business secured or for rendering of any
2 service or the doing of any of the acts forbidden by this act
3 and the rules and regulations promulgated under this act.
4 (13) Has loaned his license or permit to another person
5 or has borrowed or used the license or permit of another.
6 (14) Is guilty of any form of pretense which might
7 induce the public or citizens to become a prey to
8 professional exploitation.
9 (15) Has employed a person who has not been issued a
10 license or permit when so required by law.
11 (16) Has failed to maintain in force the bond required
12 by this act or has failed to deposit with the department the
13 required cash, check or securities required in lieu of the
14 bond.
15 (17) Has by act or omission conducted himself in a
16 manner detrimental to the best interests of boxing generally
17 or to the public interest and general welfare.
18 (18) Is associating or consorting with criminals,
19 bookmakers, gamblers or persons of similar ill repute, or
20 with persons of no known or visible means of livelihood, or
21 is himself engaged or engaging in similar pursuits or
22 conduct.
23 (19) Has been disciplined in any manner by the
24 department or similar agency or body of any jurisdiction.
25 (20) Has failed to pay a fine or any part thereof
26 imposed by this act.
27 (B) HEARINGS.--ANY LICENSEE OR PERMITTEE WHOSE LICENSE OR <--
28 PERMIT IS SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF
29 THIS SECTION SHALL HAVE A RIGHT TO A HEARING BEFORE THE
30 COMMISSION WITHIN TEN BUSINESS DAYS AFTER THE DATE ON WHICH THE
19890H1197B1910 - 41 -
1 LICENSE OR PERMIT WAS SUSPENDED OR REVOKED.
2 CHAPTER 15 17 <--
3 PENALTIES
4 Section 1501 1701. Misdemeanors. <--
5 Any person convicted of any misdemeanor 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. Departmental fines. <--
10 SECTION 1702. FINES. <--
11 The department COMMISSION shall have the right to impose a <--
12 fine of not more than $5,000 for any violation of Chapters 1
13 through 17 19 of this act or the rules and regulations <--
14 promulgated under Chapters 1 through 17 of this act, in lieu of <--
15 19 OF THIS ACT, or in addition to any other punishment herein <--
16 provided for such violation. ANY LICENSEE OR PERMITTEE UPON WHOM <--
17 A FINE IS IMPOSED UNDER THIS SECTION SHALL HAVE A RIGHT TO A
18 HEARING BEFORE THE COMMISSION WITHIN TEN DAYS AFTER THE DATE ON
19 WHICH THE FINE WAS IMPOSED.
20 CHAPTER 17 19 <--
21 FINANCIAL INTERESTS
22 Section 1701 1901. Financial interest in boxer prohibited. <--
23 No licensed physician, referee, judge or promoter shall have
24 any direct or indirect financial or pecuniary interest in any
25 boxer. A violation of this section shall constitute a
26 misdemeanor of the third degree.
27 Section 1702 1902. Financial interest in opponent prohibited. <--
28 No manager, trainer or second of any boxer shall have any
29 direct or indirect financial or pecuniary interest in the
30 opponent in any contest in which his own boxer participates. No
19890H1197B1910 - 42 -
1 boxer shall have any direct or indirect financial or pecuniary
2 interest in his opponent in any contest. A violation of this
3 section shall constitute a misdemeanor.
4 Section 1703 1903. Financial interest of matchmaker. <--
5 No matchmaker or promoter shall have any direct or indirect
6 financial or pecuniary interest in any boxer who is engaging in
7 a contest arranged by that matchmaker or promoter. A violation
8 of this section shall constitute a misdemeanor.
9 Section 1704 1904. Fees, fines and forfeitures. <--
10 All fees, fines, forfeitures and other moneys collected under
11 the provisions of this act and the rules and regulations
12 promulgated under this act shall be paid by the department to <--
13 the State Treasurer through the Department of Revenue, and are
14 hereby appropriated to the department to be placed in a
15 restricted receipts account for the administration and
16 enforcement of the provisions of this act. Such moneys shall be
17 specifically appropriated by the General Assembly. All moneys
18 received by the Commonwealth for payment of the gross receipts
19 tax enumerated in section 1903 of this act, are hereby
20 appropriated to the department to be placed in a restricted
21 receipts account. COLLECTED BY THE COMMISSION AND TRANSMITTED TO <--
22 THE DEPARTMENT OF REVENUE.
23 Section 1705 1905. Rules and regulations. <--
24 The department COMMISSION is hereby granted the power to <--
25 promulgate rules and regulations governing the presentation of
26 professional and amateur boxing and all matters pertaining <--
27 thereto. Such rules and regulations shall include those rules
28 and regulations specifically required by this act, together with
29 such others as the department COMMISSION shall consider <--
30 necessary in order to carry out the provisions of this act.
19890H1197B1910 - 43 -
1 CHAPTER 19 <--
2 PROFESSIONAL WRESTLING
3 Section 1901. 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 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. 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. 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
19890H1197B1910 - 44 -
1 of 3.5% of the total gross receipts of any wrestling exhibition.
2 (b) Payment of tax.--The tax payment shall be made to the
3 department within 72 hours after the exhibition. The payment
4 shall be accompanied by a form prescribed by the department
5 setting forth the gross receipts received from the exhibition,
6 together with such other information the department may require.
7 All moneys received by the Commonwealth for payment of the gross
8 receipts tax enumerated in this section are hereby appropriated
9 to the restricted receipts account described in section 1704.
10 (c) Computation.--The total gross receipts of every promoter
11 upon which the tax imposed by this section is to be charged or
12 to be computed shall include only the face value of all the
13 tickets sold and complimentary tickets issued.
14 Section 1904. Physician to be in attendance.
15 The promoter and the owner or operator of the arena or
16 facility shall be responsible to employ a physician from a list
17 approved by the Department of Health to be present at every
18 wrestling exhibition. The physician shall observe the physical
19 condition of the participants throughout the exhibition and
20 shall be authorized to terminate an exhibition when, in his
21 judgment, severe injury would result if the exhibition were to
22 continue. The physician's fee shall be paid by the promoter of
23 the exhibition.
24 Section 1905. Ambulance available.
25 The promoter and the owner or operator of the arena or
26 facility shall be responsible to have an ambulance or
27 paramedical unit present at the arena in case a serious injury
28 were to occur. Where the ambulance or paramedical unit is
29 located within five miles of the arena and that unit has been
30 notified to be on call by the promoter, the unit need not be
19890H1197B1910 - 45 -
1 present at the arena.
2 Section 1906. Crowd control.
3 The promoter and the owner or operator of the arena or
4 facility shall be responsible for ensuring that adequate
5 security personnel are in attendance at the wrestling exhibition
6 to control fans in attendance. The size of the security force is
7 at the discretion of the promoter and the owner or operator of
8 the arena or facility, as they shall agree.
9 Section 1907. Offenses.
10 (a) Arena owners or operators.--It shall be unlawful for an
11 owner or operator of an arena, hall or other facility at which a
12 professional wrestling exhibition takes place to destroy any
13 ticket or ticket stub, whether sold or unsold, within three
14 months after the date of any exhibition.
15 (b) Wrestlers.--It shall be unlawful for any wrestler to
16 deliberately cut or otherwise mutilate himself while
17 participating in a wrestling exhibition.
18 (c) Promoter.--It shall be unlawful for any promoter to:
19 (1) conduct any professional wrestling exhibition
20 without satisfying the bond requirements specified in section
21 1902; and
22 (2) employ any individual who is under 18 years of age.
23 Section 1908. Enforcement.
24 (a) Enforcement.--The police chief of any municipal police
25 department, the troop commander of any Pennsylvania State Police
26 troop or the Attorney General or his designee may assign an on-
27 duty police officer, detective or investigator under his
28 jurisdiction to be present at any professional wrestling
29 exhibition within his respective jurisdiction. The police
30 officer, detective or investigator, upon display of a written
19890H1197B1910 - 46 -
1 order of assignment, shall be admitted by the promoter without
2 fee or hindrance and shall monitor compliance with this action.
3 (b) Municipal fee.--The promoter shall pay a fee of $100 for
4 each wrestling exhibition to the municipality to cover the costs
5 of the enforcement of this action.
6 Section 1909. Penalties.
7 Except for a violation of section 1908, a violation of any
8 provision of this chapter shall be a summary offense. A
9 violation of section 1908 shall be a misdemeanor of the third
10 degree.
11 CHAPTER 21
12 PROHIBITED COMPETITIONS
13 Section 2101. Prohibited competitions.
14 (a) Offense defined.--A person commits a misdemeanor of the
15 first degree if he promotes, sponsors or participates in any
16 manner in the staging of, or the conduct of, any tough guy
17 contest or battle of the brawlers or in any similar competition.
18 (b) Application of section.--
19 (1) This section shall not apply to the news media,
20 including, but not limited to, television, radio, newspapers
21 and periodicals for their reporting activities relating to
22 tough guy contests or battles of the brawlers.
23 (2) This section shall not apply to amateur or
24 professional contests or exhibitions for which a permit has
25 been issued under Chapter 7 nor to exhibitions as defined in <--
26 Chapter 19 PROFESSIONAL WRESTLING EXHIBITIONS, nor to <--
27 contests staged in connection with athletic training programs
28 nor to amateur or professional contests of the martial arts
29 nor to any collegiate or scholastic boxing, wrestling or
30 martial arts contests.
19890H1197B1910 - 47 -
1 (c) Definition.--As used in this section, the term "tough
2 guy contest" or "battle of the brawlers" means any competition
3 which involves any physical contact bout between two or more
4 individuals, who attempt to knock out their opponent by
5 employing boxing, wrestling, martial arts tactics or any
6 combination thereof and by using techniques, including, but not
7 limited to, punches, kicks and choking.
8 CHAPTER 31
9 MISCELLANEOUS PROVISIONS
10 Section 3101. Repeals.
11 (a) Specific repeals.--The following acts and parts of acts
12 are repealed:
13 (1) Sections 427 and 2503 of the act of April 9, 1929
14 (P.L.177, No.175), known as The Administrative Code of 1929.
15 (2) Act of August 31, 1955 (P.L.531, No.131), known as
16 the Pennsylvania Athletic Code.
17 (b) Partial repeals.--Sections 202 and 207.1(d) of the act
18 of April 9, 1929 (P.L.177, No.175), known as The Administrative
19 Code of 1929, are repealed insofar as they relate to the State
20 Athletic Commission.
21 Section 3102. Transfer of functions, records, etc. <--
22 All allocations, appropriations, equipment, files, records,
23 contracts, agreements, obligations and other materials which are
24 used, employed or expended in connection with the powers, duties
25 or functions of the State Athletic Commission transferred by
26 this act to the Department of State are hereby transferred to
27 the Department of State with the same force and effect as if the
28 allocations and appropriations had been made to and said items
29 had been the personnel and property of the commission in the
30 first instance and if the contracts, agreements and obligations
19890H1197B1910 - 48 -
1 had been incurred or entered into by the department.
2 Section 3103 3102. Status of existing licenses. <--
3 All licenses and permits issued pursuant to any act repealed
4 by this act, except with respect to professional and amateur
5 wrestling, shall continue with the same force and effect as if
6 such act had not been repealed, subject, however, to the power
7 of the department, as provided in this act, to suspend or revoke
8 the license or permit of any such person for any of the causes
9 or reasons set forth in this act and subject to the power of the
10 department COMMISSION to require any such person to obtain a <--
11 license or permit pursuant to this act.
12 Section 3104 3103. Effect of prior rules and regulations. <--
13 All rules and regulations made pursuant to any act repealed
14 by this act, except with respect to professional and amateur
15 wrestling, shall continue in full force and effect.
16 Section 3105 3104. Saving clause. <--
17 The provisions of this act, so far as they are the same as
18 those of existing law, except with respect to professional and
19 amateur wrestling, are intended to be a continuation of such
20 existing law and not as new enactments. The provisions of this
21 act shall not affect any act done, liability incurred, right
22 accrued or vested or suit or prosecution pending as of the
23 effective date of this act, or any action to enforce any right
24 or penalty or punish any offense under authority of such
25 repealed laws.
26 SECTION 3105. REESTABLISHMENT OF COMMISSION. <--
27 THIS ACT, WITH RESPECT TO THE STATE ATHLETIC COMMISSION,
28 CONSTITUTES THE LEGISLATION REQUIRED TO REESTABLISH AN AGENCY
29 UNDER THE ACT OF DECEMBER 22, 1981 (P.L.508, NO.142), KNOWN AS
30 THE SUNSET ACT.
19890H1197B1910 - 49 -
1 SECTION 3106. ATHLETIC COMMISSION AUGMENTATION ACCOUNT.
2 BEGINNING JULY 1, 1989 AND THEREAFTER, ALL FUNDS COLLECTED BY
3 THE COMMISSION SHALL BE PAID INTO THE ATHLETIC COMMISSION
4 AUGMENTATION ACCOUNT WHICH IS HEREBY CREATED AND WHICH SHALL BE
5 A SPECIAL RESTRICTED RECEIPTS ACCOUNT WITHIN THE GENERAL FUND.
6 THIS ACCOUNT SHALL BE USED ONLY FOR THE SUPPORT AND OPERATION OF
7 THE COMMISSION UNLESS A SURPLUS ARISES AFTER TWO CONSECUTIVE
8 YEARS, AT WHICH TIME THE SECRETARY SHALL TRANSFER ANY AMOUNT IN
9 EXCESS OF THE COMMISSION'S BUDGET INTO THE GENERAL FUND.
10 SECTION 3107. APPROPRIATION.
11 THE SUM OF $350,000, OR AS MUCH THEREOF AS MAY BE NECESSARY,
12 IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE ATHLETIC
13 COMMISSION IN THE DEPARTMENT OF STATE FOR THE PAYMENT OF COSTS
14 OF PROCESSING PERMITS, LICENSES AND RENEWALS, FOR THE OPERATION
15 OF THE COMMISSION AND FOR OTHER GENERAL COSTS OF THE
16 COMMISSION'S OPERATIONS RELATING TO THIS ACT. THE APPROPRIATION
17 SHALL BE OFFSET BY THE FEES, FINES, FORFEITURES AND OTHER MONEYS
18 COLLECTED UNDER THIS ACT.
19 SECTION 3108. JOINT STATE GOVERNMENT COMMISSION.
20 THE JOINT STATE GOVERNMENT COMMISSION SHALL ESTABLISH A TASK
21 FORCE TO CONDUCT A STUDY ON BOXING IN THIS COMMONWEALTH.
22 SECTION 3109. RETROACTIVITY.
23 SECTION 3105 OF THIS ACT SHALL BE RETROACTIVE TO DECEMBER 31,
24 1988.
25 Section 3106 3110. Effective date. <--
26 This act shall take effect immediately.
C14L04RDG/19890H1197B1910 - 50 -