SENATE AMENDED
PRIOR PRINTER'S NOS. 1338, 2459, 2787, PRINTER'S NO. 3418
2884, 3372
No. 1174 Session of 1991
INTRODUCED BY PETRONE, OLIVER, FAIRCHILD, BUNT, McCALL, DeLUCA,
CESSAR, GEIST, LaGROTTA, GRUPPO, KASUNIC AND O'BRIEN,
APRIL 17, 1991
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 6, 1992
AN ACT
1 Amending Title 5 (Reserved) of the Pennsylvania Consolidated
2 Statutes, changing the name of the title; adding provisions
3 relating to boxing and wrestling; levying gross receipts
4 taxes; and making repeals.
5 TABLE OF CONTENTS
6 TITLE 5
7 ATHLETICS AND SPORTS
8 PART I. BOXING AND WRESTLING
9 SUBPART A. GENERAL PROVISIONS
10 Chapter 1. Preliminary Provisions
11 § 101. Definitions.
12 § 102. State Athletic Commission.
13 § 103. Duties of commission.
14 § 104. Appointment and qualifications of executive director.
15 § 105. Powers and duties of executive director.
16 § 106. Limitations on applicability of part.
17 SUBPART B. BOXING
1 Chapter 3. Preliminary Provisions
2 § 301. Short title of subpart.
3 § 302. Definitions.
4 Chapter 5. Medical Advisory Board
5 § 501. Medical Advisory Board.
6 Chapter 7. Regulation of Boxing Contests and Exhibitions
7 § 701. Boxing regulated.
8 § 702. Age of participants.
9 § 703. Fictitious names.
10 § 704. Physician to be in attendance.
11 § 705. Medical training seminars.
12 § 706. Register.
13 § 707. Medical equipment.
14 § 708. Suspension and revocation for injuries.
15 § 709. Medical examinations.
16 § 710. Weights and classes.
17 § 711. Limitation on difference in weights.
18 § 712. Gloves.
19 § 713. Ring padding.
20 § 714. Duration of bouts and rounds.
21 § 715. Referee and judges.
22 § 716. Seconds.
23 § 717. Mandatory eight count.
24 § 718. Knockouts.
25 § 719. Duty of disclosure.
26 § 720. Sham or collusive contest prohibited.
27 Chapter 9. Licenses and Permits
28 § 901. Power of commission to issue, withhold, suspend or
29 revoke licenses and permits.
30 § 902. Promoters' licenses.
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1 § 903. Representative managers' licenses.
2 § 904. Foreign copromoters to procure permits.
3 § 905. Other licenses required.
4 § 906. Program permits.
5 § 907. Amateur events.
6 § 908. Prohibited interests.
7 § 909. Local prohibitions.
8 § 910. Standards for issuance of licenses and permits.
9 § 911. Duration of license.
10 § 912. Applications for licenses and permits.
11 § 913. Oral examinations.
12 § 914. License fees.
13 § 915. Permit fees.
14 § 916. Gross receipts taxes.
15 § 917. Application and fees.
16 Chapter 11. Promotion of Contests and Exhibitions
17 Subchapter A. Contracts
18 § 1101. Commission control of contracts.
19 § 1102. Notice clause.
20 § 1103. Provisions in contracts between managers and
21 professional boxers.
22 § 1104. Approval of contracts.
23 Subchapter B. Tickets and Advertising
24 § 1111. Tickets.
25 § 1112. Penalty for destroying tickets.
26 § 1113. Ticket refunds.
27 § 1114. Advertising matter to state admission price.
28 Subchapter C. Admission to Events
29 § 1121. Admissions not to exceed seating capacity.
30 § 1122. Age of spectators.
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1 Subchapter D. Bonds
2 § 1131. Promoters and foreign copromoters required to file
3 bonds.
4 § 1132. Deposit in lieu of surety bond.
5 § 1133. Filing fee.
6 § 1134. Recovery on bond.
7 Chapter 13. Enforcement
8 § 1301. Commission hearings.
9 § 1302. Subpoenas.
10 § 1303. Preliminary suspension of licenses or permits.
11 § 1304. Suspension or revocation of licenses or permits.
12 § 1305. Civil penalties.
13 Chapter 15. Financial Provisions
14 Subchapter A. Financial Interests
15 § 1501. Financial interest in boxer prohibited.
16 § 1502. Financial interest in opponent prohibited.
17 § 1503. Financial interest of matchmaker.
18 Subchapter B. Commission Receipts
19 § 1511. Disposition of commission receipts.
20 § 1512. Athletic Commission Augmentation Account.
21 Subchapter C. Purses
22 § 1521. Minimum purses for boxers.
23 § 1522. Distribution of purses to boxers.
24 § 1523. Withholding of purses.
25 § 1524. Hearing regarding withheld purse.
26 § 1525. Disposition of withheld purse.
27 § 1526. Advances against purses.
28 Subchapter D. Insurance
29 § 1531. Insurance coverage of boxers.
30 Chapter 17. Miscellaneous Provisions
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1 § 1701. Prohibited competitions.
2 SUBPART C. WRESTLING
3 Chapter 19. Preliminary Provisions
4 § 1901. Short title of subpart.
5 § 1902. Definitions.
6 § 1903. Applicability of subpart.
7 Chapter 21. Regulation of Professional Wrestling Contests and
8 Exhibitions
9 § 2101. Promoter's license.
10 § 2102. Promoter's bonding requirements.
11 § 2103. Gross receipts taxes.
12 § 2104. Physician to be in attendance.
13 § 2105. Ambulance available.
14 § 2106. Crowd control.
15 § 2107. Prohibited acts.
16 § 2108. Enforcement.
17 § 2109. Penalties.
18 § 2110. Disposition of commission receipts.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The heading of Title 5 of the Pennsylvania
22 Consolidated Statutes is amended and Title 5 is amended by
23 adding a part to read:
24 TITLE 5
25 [Reserved]
26 ATHLETICS AND SPORTS
27 Part
28 I. Boxing and Wrestling
29 PART I
30 BOXING AND WRESTLING
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1 Subpart
2 A. General Provisions
3 B. Boxing
4 C. Wrestling
5 SUBPART A
6 GENERAL PROVISIONS
7 Chapter
8 1. Preliminary Provisions
9 CHAPTER 1
10 PRELIMINARY PROVISIONS
11 Sec.
12 101. Definitions.
13 102. State Athletic Commission.
14 103. Duties of commission.
15 104. Appointment and qualifications of executive director.
16 105. Powers and duties of executive director.
17 106. Limitations on applicability of part.
18 § 101. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this part which are applicable to specific
21 provisions of this part, the following words and phrases when
22 used in this part shall have the meanings given to them in this
23 section unless the context clearly indicates otherwise:
24 "Commission." The State Athletic Commission.
25 "Department." The Department of State of the Commonwealth.
26 "Executive director." The executive director of the State
27 Athletic Commission.
28 "Secretary." The Secretary of the Commonwealth.
29 § 102. State Athletic Commission.
30 (a) Composition.--The State Athletic Commission shall be
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1 composed of three members appointed by the Governor with the
2 advice and consent of a majority of the members elected to the
3 Senate. The Governor shall designate one of the members as
4 chairman. The secretary and the chairman of the Medical Advisory
5 Board established under section 501 (relating to Medical
6 Advisory Board) shall be ex officio members of the commission.
7 Each appointment shall be for a term of four years.
8 (b) Compensation.--Each commissioner, except the secretary
9 and the chairman of the Medical Advisory Board, shall receive a
10 salary of $10,000 annually. The chairman of the commission shall
11 receive a salary of $10,500 annually. The commissioners and the
12 chairman of the Medical Advisory Board shall also receive
13 reasonable and necessary travel expenses incurred as a direct
14 result of their duties as members of the commission. The
15 expenses incurred by the commissioners shall be allowed and paid
16 on the presentation of itemized vouchers therefor, which
17 vouchers shall be subject to the approval of the secretary.
18 (c) Removal.--Except as authorized under this section, no
19 commissioner may be removed from office during his term. The
20 Governor may, upon clear and convincing evidence of misfeasance
21 or malfeasance in office or neglect of duty, remove a
22 commissioner prior to the expiration of the term. The Governor
23 shall then provide the commissioner so removed with a detailed
24 written statement of the reasons for removal.
25 (d) Quorum requirement.--Two members of the commission shall
26 constitute a quorum.
27 § 103. Duties of commission.
28 (a) Meetings.--The commission shall hold regular meetings at
29 least once every two months to carry out the requirements of
30 this part, which shall include the consideration of any rules or
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1 regulations or amendments thereto which are recommended by the
2 executive director. The meetings shall be open to the public.
3 The meeting times shall be scheduled one year in advance and
4 shall be published in the Pennsylvania Bulletin.
5 (b) General duties.--In addition to any other power
6 specifically granted by this part, the commission:
7 (1) May establish policy and shall promulgate rules and
8 regulations regarding professional and amateur boxing
9 contests and exhibitions held within this Commonwealth, and
10 the presentation of such contests and exhibitions and all
11 matters pertaining thereto, except such contests and
12 exhibitions as are specifically exempted from this part.
13 (2) Shall promulgate rules and regulations regarding
14 collection of taxes on professional wrestling exhibitions.
15 (3) May establish policy and promulgate rules and
16 regulations regarding professional and amateur wrestling
17 contests as authorized under Chapter 23 (relating to
18 regulation of amateur wrestling contests and exhibitions).
19 The rules and regulations authorized under this section
20 include those rules and regulations required by this part,
21 together with such others as the commission considers
22 necessary in order to carry out the provisions of this part.
23 § 104. Appointment and qualifications of executive director.
24 The secretary shall appoint an executive director of the
25 commission with administrative experience and other
26 qualifications indicating he is familiar with the activities to
27 be regulated by this part. The executive director shall serve at
28 the pleasure of the secretary. The executive director's salary
29 shall be fixed by the secretary with the approval of the
30 Governor, and the executive director shall hold no other paid
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1 public position.
2 § 105. Powers and duties of executive director.
3 The executive director shall supervise the administrative
4 work of the commission. The executive director shall have the
5 power and duty:
6 (1) To attend the meetings of the commission.
7 (2) To recommend to the commission suspension or
8 revocation of any license or permit issued pursuant to this
9 part for violations of any provisions of this part or the
10 rules and regulations of the commission, or when such action
11 is necessary to protect the public welfare.
12 (3) To supervise and direct staff appointed by the
13 secretary engaged in work directly related to the
14 implementation of this part.
15 (4) To prepare and recommend to the commission rules and
16 regulations and amendments thereto regarding the matters
17 regulated under this part.
18 (5) To implement and supervise a drug testing program of
19 all athletes licensed under Subpart B (relating to boxing) in
20 consultation with the Medical Advisory Board and the
21 Department of Health.
22 (6) To present the standing committees of both Houses of
23 the General Assembly with an annual review of the
24 commission's rules and regulations.
25 (7) To establish and maintain a record of all boxers
26 licensed under Subpart B, showing for each licensee all of
27 the following:
28 (i) The date licensed.
29 (ii) The results of prefight and postfight
30 physicals.
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1 (iii) Any fictitious or assumed names by which the
2 licensee competes.
3 (iv) The number and dates of any suspensions of the
4 licensee.
5 (v) The dates when the licensee is knocked out.
6 (vi) The licensee's record from other states.
7 (8) To administer and make effective the provisions of
8 this part and the rules and regulations made under this part.
9 (9) To conduct a substantial portion of the activities
10 required by this part at a single central location, wherein
11 all records of the commission shall be maintained.
12 (10) To prepare an annual budget for the consideration
13 of the commission, showing the costs of operation and
14 revenues received in the previous fiscal year and the
15 estimated costs of operations and revenues to be received in
16 the next fiscal year. The budget shall be approved by the
17 commission and forwarded to the secretary in a timely fashion
18 for his review and inclusion in the budget request of the
19 department.
20 (11) To aid the commission in the promotion of boxing
21 contests in this Commonwealth.
22 (12) To supervise collection of taxes on professional
23 wrestling exhibitions.
24 § 106. Limitations on applicability of part.
25 No provision of this part nor any rule or regulation
26 promulgated under this part shall apply to any boxing contest or
27 exhibition or wrestling contest or exhibition conducted or
28 sponsored by any university, college, secondary school or group
29 of universities, colleges or secondary schools or the Department
30 of Corrections if all the participants are students regularly
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1 enrolled in such institutions or inmates confined within a State
2 or county correctional facility, respectively.
3 SUBPART B
4 BOXING
5 Chapter
6 3. Preliminary Provisions
7 5. Medical Advisory Board
8 7. Regulation of Boxing Contests and Exhibitions
9 9. Licenses and Permits
10 11. Promotion of Contests and Exhibitions
11 13. Enforcement
12 15. Financial Provisions
13 17. Miscellaneous Provisions
14 CHAPTER 3
15 PRELIMINARY PROVISIONS
16 Sec.
17 301. Short title of subpart.
18 302. Definitions.
19 § 301. Short title of subpart.
20 This subpart shall be known and may be cited as the Boxing
21 Act.
22 § 302. Definitions.
23 Subject to additional definitions contained in subsequent
24 provisions of this subpart which are applicable to specific
25 provisions of this subpart, the following words and phrases when
26 used in this subpart shall have the meanings given to them in
27 this section unless the context clearly indicates otherwise:
28 "Amateur." A person who has never received nor competed for
29 any purse or other article of value, either for participating in
30 any boxing contest or exhibition or for the expenses of training
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1 therefor, other than a prize which does not exceed $50 in value.
2 "Boxing." The act of attack and defense with the fists,
3 practiced as a sport. The term includes all variations of the
4 sport permitting or using other parts of the human body,
5 including, but not limited to, the foot, knee, leg, elbow or
6 head.
7 "Contest." A boxing engagement in which the boxers strive
8 earnestly in good faith to win.
9 "Exhibition." A boxing engagement in which the boxers show
10 or display their skill without necessarily striving to win.
11 "Foreign copromoter." A promoter who has no place of
12 business within this Commonwealth.
13 "Judge." A person who has a vote in determining the winner
14 of any contest.
15 "Manager." A person who, directly or indirectly, controls or
16 administers the affairs of any boxer.
17 "Matchmaker." A person who brings together professional
18 boxers or arranges professional boxing contests or exhibitions.
19 "PAY-PER-VIEW TELECAST." A TELECAST, CLOSED-CIRCUIT OR <--
20 OTHERWISE, WHICH IS NOT INTENDED TO BE AVAILABLE FOR VIEWING
21 WITHOUT THE PAYMENT OF A FEE, COLLECTED FOR OR BASED UPON EACH
22 EVENT VIEWED, FOR THE PRIVILEGE OF VIEWING THE TELECAST.
23 "PRODUCER." ANY PERSON WHO CHARGES OR RECEIVES A FEE FOR
24 HAVING A CONTEST VIEWED THROUGH A PAY-PER-VIEW TELECAST BY
25 UTILIZING ANY TYPE OF CABLE TELEVISION SYSTEM. THE TERM DOES NOT
26 INCLUDE THE OPERATOR OF A CABLE TELEVISION SYSTEM.
27 "Professional." A person who has received or competed for,
28 or is receiving or competing for, any purse or other article of
29 value, other than a prize which does not exceed $50 in value,
30 either for participating in any boxing contest or exhibition or
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1 for the expenses of training therefor.
2 "Promoter." Any person and, in the case of a corporate
3 promoter, any officer, director, employee or stockholder thereof
4 who produces, arranges or stages any professional contest or
5 exhibition.
6 "Purse." The financial guarantee or any other remuneration,
7 or part thereof, for which professional boxers are participating
8 in a contest or exhibition. The term includes the participant's
9 share of any payment received for radio broadcasting, television
10 and motion picture rights.
11 "Sponsor." Any person and, in the case of a corporate
12 sponsor, any officer, director, employee or stockholder thereof
13 who produces, arranges or stages any amateur contest or
14 exhibition.
15 CHAPTER 5
16 MEDICAL ADVISORY BOARD
17 Sec.
18 501. Medical Advisory Board
19 § 501. Medical Advisory Board.
20 The commission shall appoint five physicians to serve on a
21 Medical Advisory Board for a term of four years. The Governor
22 shall designate a member with experience in sports medicine as
23 chairman of the board. Each member shall be paid a per diem rate
24 to be established by the secretary, but not in excess of $150 a
25 day. The board shall issue an annual report to the commission,
26 which shall include a review of the health status of each boxer
27 who competed during the prior fiscal year to identify those who
28 may be at risk of serious physical impairment. The board may
29 recommend changes or additions to the health and safety rules
30 and regulations of the commission and, upon request of the
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1 commission, shall review proposed rules and regulations and
2 advise the commission of recommendations with respect to the
3 proposed rules and regulations.
4 CHAPTER 7
5 REGULATION OF BOXING CONTESTS AND EXHIBITIONS
6 Sec.
7 701. Boxing regulated.
8 702. Age of participants.
9 703. Fictitious names.
10 704. Physician to be in attendance.
11 705. Medical training seminars.
12 706. Register.
13 707. Medical equipment.
14 708. Suspension and revocation for injuries.
15 709. Medical examinations.
16 710. Weights and classes.
17 711. Limitation on difference in weights.
18 712. Gloves.
19 713. Ring padding.
20 714. Duration of bouts and rounds.
21 715. Referee and judges.
22 716. Seconds.
23 717. Mandatory eight count.
24 718. Knockouts.
25 719. Duty of disclosure.
26 720. Sham or collusive contest prohibited.
27 § 701. Boxing regulated.
28 (a) General rule.--Professional contests or exhibitions,
29 including kick boxing, shall be held within this Commonwealth
30 only in accordance with the provisions of this subpart and the
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1 rules and regulations promulgated under this subpart.
2 (b) Events on Sunday.--Contests or exhibitions may be held
3 on Sunday.
4 § 702. Age of participants.
5 (a) General rule.--No person under 18 years of age shall be
6 a participant in any contest or exhibition.
7 (b) Exception.--
8 (1) Any person between 12 and 17 years of age may
9 participate in amateur contests or exhibitions under such
10 rules and regulations as the commission shall prescribe.
11 (2) Any person between 12 and 17 years of age may
12 participate after obtaining written permission from a parent
13 or legal guardian, as well as consent by the executive
14 director.
15 (3) A person 12 to 16 years of age may only participate
16 in such contests with a person not more than one year older.
17 (c) Junior Olympics.--The limitations set forth in
18 subsections (a) and (b) shall not apply to sanctioned boxing
19 events for the Junior Olympics under the direction of a national
20 governing organization certified by the commission. For the
21 purposes of the Junior Olympic events, participants, with the
22 written permission of a parent or legal guardian, may box only
23 in the following age divisions:
24 (1) Ten and eleven years of age.
25 (2) Twelve and thirteen years of age.
26 (3) Fourteen and fifteen years of age.
27 No participant shall take part in any event outside of the
28 approved division for that age group.
29 § 703. Fictitious names.
30 No person shall participate in any amateur contest or
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1 exhibition under a fictitious or assumed name unless the
2 fictitious or assumed name has first been registered with the
3 commission.
4 § 704. Physician to be in attendance.
5 A physician shall be assigned to every contest or exhibition
6 by the executive director. The physician shall observe at all
7 times the physical condition of the participants and may stop
8 any contest or exhibition at any time to examine a participant
9 and to terminate a bout when, in the judgment of the physician,
10 severe injury could result to a participant if the contest or
11 exhibition were to continue. The commission shall establish by
12 rule or regulation a schedule of fees to be paid to physicians
13 for their services. The physician's fee shall be paid by the
14 promoter of the contest or exhibition attended by the physician.
15 § 705. Medical training seminars.
16 The commission shall conduct mandatory medical training
17 seminars at least twice a year for all ring personnel,
18 commission personnel and other designated persons employed by
19 the secretary.
20 § 706. Register.
21 The executive director shall establish and maintain a
22 register for all professional boxers licensed in this
23 Commonwealth. The register shall include a photograph of the
24 boxer. In the register, the executive director shall record the
25 results of each contest or exhibition the boxer is involved in,
26 including technical knockouts, knockouts and other boxing-
27 related injuries, as well as the dates of each contest or
28 exhibition and the record of wins and losses.
29 § 707. Medical equipment.
30 No professional contest or exhibition shall be started unless
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1 there is on the premises:
2 (1) An ambulance, together with emergency equipment.
3 (2) A portable resuscitator with oxygen and appropriate
4 endotracheal tubes and a qualified operator.
5 § 708. Suspension and revocation for injuries.
6 (a) General rule.--For sound medical reasons and to protect
7 the individual boxers, the commission shall establish mandatory
8 license suspensions of those persons who sustain certain
9 injuries.
10 (b) Particular suspension periods.--The commission may
11 suspend a boxer's license for up to:
12 (1) Sixty days for a laceration of the face.
13 (2) Thirty days:
14 (i) for a technical knockout without head injuries;
15 or
16 (ii) upon recommendation of the ringside physician
17 if, in the physician's opinion, the boxer has sustained
18 sufficient injuries to require the suspension.
19 (3) Sixty days for head injuries.
20 (4) Ninety days for a knockout.
21 (c) Unconsciousness or concussion.--A boxer who has been
22 knocked unconscious or who has received a concussion shall have
23 his license suspended for 90 days, and the suspension shall be
24 removed only after the boxer has been pronounced fit after
25 undergoing medical examination by a physician.
26 (d) Repeated knockouts.--A boxer who has been knocked out or
27 severely beaten shall have his license revoked if, after
28 undergoing a medical examination by a physician, the commission
29 decides such action is necessary in order to protect the health
30 and welfare of the boxer.
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1 (e) Consecutive defeats.--A boxer who has suffered six
2 consecutive defeats shall be investigated by the commission and,
3 upon recommendation of the executive director, in consultation
4 with the Medical Advisory Board, shall be required to undergo a
5 medical examination by a physician approved by the commission.
6 If appropriate, the commission may then proceed to suspend or
7 revoke the boxer's license.
8 § 709. Medical examinations.
9 (a) Prefight examination.--In addition to any other
10 examination required by this subpart or the rules and
11 regulations promulgated under this subpart, each boxer shall be
12 examined by the attending physician within two hours before he
13 enters the ring. If, in the opinion of the physician, any boxer
14 is physically or mentally unfit to proceed, the physician shall
15 notify the person in charge, who shall immediately cancel the
16 contest or exhibition.
17 (b) Postfight examination.--In addition to any other
18 examination required by this subpart or the rules and
19 regulations promulgated under this subpart, a boxer may, at the
20 discretion of the ringside physician, be required to undergo a
21 medical examination by a physician designated by the executive
22 director during the five days following the contest or
23 exhibition in which he was a participant. If the boxer sustains
24 a knockout or technical knockout, the boxer shall undergo the
25 medical examination within such time period as shall be
26 prescribed by the rules and regulations promulgated by the
27 commission. An examination under this section shall be performed
28 at the expense of the promoter.
29 (c) Filing of results of examinations.--The results of the
30 examinations required by this section shall be reduced to
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1 writing by the physician, signed by him and filed with the
2 commission within 48 hours after they have been performed.
3 (d) Content of examination.--Any medical examination
4 prescribed under this section or section 708 (relating to
5 suspension and revocation for injuries) shall conform to the
6 rules and regulations promulgated by the commission after
7 consultation with the Medical Advisory Board. The rules and
8 regulations regarding the postfight examination may prescribe,
9 or permit the attending physician to prescribe, additional tests
10 in the case of a knockout, technical knockout, head injury or
11 other injury or medical condition. The examination may include
12 drug testing as prescribed by rules and regulations, which shall
13 be promulgated by the commission in accordance with the program
14 mandated by section 105(5) (relating to powers and duties of
15 executive director).
16 § 710. Weights and classes.
17 The commission shall promulgate rules and regulations
18 establishing classes of boxers, which classes shall be based
19 upon weights. All contests or exhibitions shall take place only
20 between boxers who are within the same weight class as defined
21 by the commission unless otherwise approved by the commission.
22 § 711. Limitation on difference in weights.
23 No contest or exhibition shall take place in which the
24 difference in weight of the participants exceeds ten pounds.
25 This section shall not apply to contests or exhibitions between
26 participants in the light-heavyweight , cruiserweight or
27 heavyweight classes, as defined by the commission, nor to
28 exhibitions held solely for training purposes.
29 § 712. Gloves.
30 (a) General rule.--All boxers licensed under this subpart
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1 shall be required to use thumbless or thumb-attached gloves. The
2 appropriate weight boxing gloves shall be worn by boxers as
3 follows:
4 (1) One hundred sixty pounds or under, boxing gloves
5 weighing not less than eight ounces each.
6 (2) Over 160 pounds, boxing gloves weighing not less
7 than ten ounces each.
8 (b) Violation.--A violation of this section may subject the
9 participant, promoter or manager or any of them to suspension of
10 not less than 30 days or revocation of their licenses, at the
11 discretion of the commission, pursuant to section 1304 (relating
12 to suspension or revocation of licenses or permits).
13 § 713. Ring padding.
14 All ring padding shall be subject to approval of the
15 commission. All padding shall be of soft felt, foam rubber or
16 similar material and shall be at least two inches thick.
17 § 714. Duration of bouts and rounds.
18 (a) Length of contest.--No contest or exhibition shall be
19 more than 12 rounds in length, except for championship contests
20 sanctioned by recognized international or national authorities,
21 which may be up to 15 rounds in length.
22 (b) Duration of round.--No round shall be more than three
23 minutes in duration.
24 (c) Mandatory rest period.--There shall be at least a one-
25 minute rest between consecutive rounds.
26 (d) Limitation on participation.--No boxer shall participate
27 in, nor be scheduled to participate in, more than 15 rounds
28 within 72 consecutive hours.
29 (e) Limitation on rounds.--The commission may, with respect
30 to any contest or exhibition or to any class of participants,
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1 limit the number of rounds in a contest or exhibition to less
2 than the maximum number of rounds otherwise applicable.
3 § 715. Referee and judges.
4 (a) Referee.--At each professional contest or exhibition,
5 except an exhibition held solely for training purposes, there
6 shall be in attendance, at the expense of the promoter, a duly
7 licensed referee designated by the executive director, who shall
8 direct and control the contest or exhibition. Personal injury
9 and liability insurance coverage, in a minimum amount set by the
10 commission, for all claims arising from the performance of their
11 duties at the contest or exhibition shall be in effect for all
12 referees. This coverage shall be provided at the expense of the
13 promoter.
14 (b) Judges.--There shall be in attendance at every contest,
15 at the expense of the promoter, three licensed judges, each of
16 whom shall render his individual decision, in writing, on a
17 scorecard supplied by the executive director at the end of every
18 contest which continues for the scheduled number of rounds. Each
19 judge shall have one vote, and a majority of the votes cast
20 shall determine the winner.
21 (c) Scoring.--The commission shall by rule or regulation
22 prescribe the methods of scoring.
23 § 716. Seconds.
24 Before the start of any contest or exhibition, the referee
25 shall ascertain from each participant the name of the chief
26 second. The chief second shall be held responsible for the
27 conduct of his assistants during the contest or exhibition.
28 § 717. Mandatory eight count.
29 Whenever a boxer is knocked down, the boxer shall be required
30 to take a count of eight. The referee shall not permit the
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1 contest or exhibition to be resumed until the count of eight has
2 been reached, except in professional championship contests and
3 exhibitions.
4 § 718. Knockouts.
5 (a) Count by referee.--When a boxer is knocked out, the
6 referee shall count to ten unless, in the judgment of the
7 referee, the boxer is in immediate physical danger, in which
8 case the referee may stop the count earlier. If the boxer has
9 not risen from the ring floor before the referee stops the
10 count, the result shall be recorded as a knockout.
11 (b) Physician.--When a boxer has been knocked out, no one
12 shall touch him, except to remove his mouth protector, until
13 after the attending physician has entered the ring and issued
14 such instructions as he deems necessary.
15 § 719. Duty of disclosure.
16 Every licensee shall, immediately after learning thereof,
17 disclose to the executive director or his designee, or to the
18 official in charge or the attending physician or referee if one
19 of these persons is in attendance at any contest or exhibition,
20 all knowledge or information in his possession concerning any
21 mental or physical disability, injury, illness or incapacity of
22 any boxer.
23 § 720. Sham or collusive contest prohibited.
24 (a) General rule.--No licensee or other person shall
25 knowingly conduct, give, participate in or be in any way
26 connected with any sham or collusive boxing contest.
27 (b) Reports.--Any licensee who knows or has reason to
28 suspect that a boxing contest is, was or is going to be a sham
29 or collusive contest shall have a duty to promptly report this
30 to the executive director or his designee. Such a report shall
19910H1174B3418 - 22 -
1 be in writing or, if oral, shall be reduced to writing and shall
2 contain all of the reporter's reasons for the conclusions set
3 forth in his report.
4 (c) Penalty.--A violation of this section shall constitute a
5 misdemeanor of the third degree.
6 (d) Definition.--As used in this section, the term "sham or
7 collusive contest" means an engagement that is promoted or
8 advertised as a true contest, but in which one or both of the
9 participants does not use his best efforts and skill or does not
10 strive earnestly in good faith to win. The term includes, but is
11 not limited to, any pseudocontest, the result of which has been
12 prearranged, or any pseudocontest in which either participant
13 does not, is not going to or is unable to use or is prevented
14 from using his best efforts and skill as a result of coercion,
15 reward or promise thereof, physical incapacity or disability,
16 suggestion or agreement, or any other improper or unlawful
17 means.
18 CHAPTER 9
19 LICENSES AND PERMITS
20 Sec.
21 901. Power of commission to issue, withhold, suspend or revoke
22 licenses and permits.
23 902. Promoters' licenses.
24 903. Representative managers' licenses.
25 904. Foreign copromoters to procure permits.
26 905. Other licenses required.
27 906. Program permits.
28 907. Amateur events.
29 908. Prohibited interests.
30 909. Local prohibitions.
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1 910. Standards for issuance of licenses and permits.
2 911. Duration of license.
3 912. Applications for licenses and permits.
4 913. Oral examinations.
5 914. License fees.
6 915. Permit fees.
7 916. Gross receipts taxes.
8 917. Application and fees.
9 § 901. Power of commission to issue, withhold, suspend or
10 revoke licenses and permits.
11 The commission is hereby granted sole control, authority and
12 jurisdiction to issue, withhold, suspend or revoke any license
13 or permit provided for under this subpart.
14 § 902. Promoters' licenses.
15 No promoter shall, directly or indirectly, conduct, hold or
16 promote any professional contest or exhibition unless he has
17 first procured a promoter's license from the commission. The
18 commission may issue an order prohibiting a promoter from acting
19 in violation of this section. If it is determined the respondent
20 has engaged in the promotion of any professional contest or
21 exhibition without having first obtained a promoter's license
22 from the commission, the court, on petition by the commission,
23 shall enjoin him from such activities unless and until he has
24 been duly licensed. The procedure in such cases shall be the
25 same as in any other injunction suit. The remedies under this
26 section are in addition to any other remedies under this part.
27 § 903. Representative managers' licenses.
28 (a) General rule.--Before acting as such, every
29 representative manager shall procure a manager's license. He
30 shall file with the department the name of each boxer whom he
19910H1174B3418 - 24 -
1 represents, together with a written consent from each boxer and
2 his manager authorizing him to transact business for the manager
3 or boxer or to act as or for the manager of the boxer.
4 (b) Presumption.--Every person other than the manager of a
5 professional boxer who performs any of the acts usually
6 performed by the manager or who aids, assists or substitutes for
7 the manager or who uses a licensed manager to conceal his own
8 actions as a manager shall be considered a representative
9 manager.
10 (c) Penalty.--A violation of this section may subject the
11 manager to suspension of not less than 30 days or revocation of
12 his license, at the discretion of the commission, pursuant to
13 section 1304 (relating to suspension or revocation of licenses
14 or permits).
15 § 904. Foreign copromoters to procure permits.
16 (a) General rule.--No foreign copromoter shall directly or
17 indirectly participate in the promotion of or receive any
18 remuneration from or render any services in connection with any
19 professional contest or exhibition held within this Commonwealth
20 unless he has first been granted a permit therefor by the
21 commission. No promoter shall be associated with any foreign
22 copromoter in promoting any contest or exhibition unless the
23 foreign copromoter has first secured a permit. A foreign
24 copromoter by accepting a permit agrees to be subject to all the
25 provisions of this subpart and the rules and regulations
26 promulgated under this subpart.
27 (b) Penalty.--A violation of this section may subject the
28 promoter or foreign copromoter, or both, to suspension of not
29 less than 30 days or revocation of his license or permit, at the
30 discretion of the commission, pursuant to section 1304 (relating
19910H1174B3418 - 25 -
1 to suspension or revocation of licenses or permits).
2 § 905. Other licenses required.
3 (a) General rule.--A professional boxer, manager, second,
4 trainer, matchmaker, timekeeper, referee, judge, announcer,
5 physician, booking agent or agency or representative of a
6 booking agent or agency shall not directly or indirectly act in
7 such capacity in connection with any professional contest or
8 exhibition unless he has first procured from the commission a
9 license to act in that capacity.
10 (b) Penalty.--A violation of this section may subject the
11 person required to procure the license to suspension of not less
12 than 30 days or revocation of or refusal to issue the license,
13 at the discretion of the commission, pursuant to section 1304
14 (relating to suspension or revocation of licenses or permits).
15 § 906. Program permits.
16 In addition to the promoter's license, each promoter shall be
17 required to procure a permit from the commission for each
18 program of contests or exhibitions before presenting that
19 program. Each application for a permit shall specify the
20 premises where and time when the program is to be held.
21 § 907. Amateur events.
22 (a) General rule.--Except as otherwise provided in this
23 subpart, no amateur contest or exhibition shall be held without
24 a permit having been first secured by the sponsor from the
25 commission for the event. Subject to subsection (d), amateur
26 contests or exhibitions shall be held in accordance with this
27 subpart and the rules and regulations promulgated under this
28 subpart.
29 (b) Eligibility.--Permits for amateur boxing contests or
30 exhibitions shall be issued only to bona fide recognized amateur
19910H1174B3418 - 26 -
1 athletic associations, nonprofit organizations or other groups
2 or individuals approved by the commission.
3 (c) Permit fee.--The fee for the issuance of a permit for
4 each program of amateur contests or exhibitions shall be fixed
5 by commission regulation.
6 (d) Rules.--With the written approval of the commission,
7 amateur contests or exhibitions may be held in accordance with
8 the rules of the amateur body sanctioning the event.
9 § 908. Prohibited interests.
10 An officer, director, stockholder or employee of a licensed
11 promoter shall not have any other interest in any professional
12 boxer or professional contests or exhibitions except as a
13 matchmaker.
14 § 909. Local prohibitions.
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 any local ordinance or resolution
18 prohibiting such contests or exhibitions within its limits.
19 § 910. Standards for issuance of licenses and permits.
20 (a) General rule.--In determining whether to issue or renew
21 any license or permit, the commission shall consider the best
22 interest and welfare of the public, the preservation of the
23 safety and health of participants and the best interests of
24 boxing generally.
25 (b) Prerequisites.--Before being granted any permit or
26 license, the applicant must establish that he is:
27 (1) Of good moral character.
28 (2) Of good reputation.
29 (3) Physically fit and mentally sound.
30 (4) Skilled in his profession.
19910H1174B3418 - 27 -
1 (5) Of requisite age and experience.
2 (6) Not addicted to the intemperate use of alcohol or to
3 the use of narcotic drugs.
4 In the case of a corporate applicant, these factors shall be
5 considered with reference to its officers, directors, employees
6 and principal stockholders.
7 § 911. Duration of license.
8 Each license issued under this subpart shall expire on
9 December 31 next following the date on which it was issued.
10 § 912. Applications for licenses and permits.
11 Every application for a license or a permit shall:
12 (1) Be in writing on a form supplied by the commission.
13 (2) Be verified by the applicant.
14 (3) Set forth such information and have attached thereto
15 such photographs and other exhibits as are required by this
16 subpart, the rules and regulations promulgated under this
17 subpart and the form of application.
18 § 913. Oral examinations.
19 The commission may require any applicant for a license or
20 permit or, in the case of a corporate applicant, any officer,
21 director, employee or stockholder thereof to appear before the
22 commission for an oral examination, under oath, as to
23 qualifications of the applicant before taking action on that
24 application.
25 § 914. License fees.
26 The annual license fees which shall accompany each
27 application for a license or the renewal of a license shall be
28 fixed by commission regulation.
29 § 915. Permit fees.
30 (a) General rule.--The required fees, based upon the seating
19910H1174B3418 - 28 -
1 capacity of the premises where the program is to be presented,
2 shall accompany each application for a permit to present a
3 program of contests or exhibitions. The amount of the fee shall
4 be fixed by commission regulation.
5 (b) Foreign copromoter permit.--The fee for the issuance of
6 a foreign copromoter's permit for each program of contests or
7 exhibitions shall be fixed by commission regulation.
8 § 916. Gross receipts taxes.
9 (a) Gate receipts and broadcast rights.--In addition to the <--
10 payment of any other fees and moneys due under this subpart, a
11 promoter or sponsor shall pay a tax of 5% of the gross receipts
12 of every contest or exhibition held in this Commonwealth. The OF <--
13 EVERY CONTEST OR EXHIBITION HELD IN THIS COMMONWEALTH.
14 (B) BROADCAST RIGHTS.--THE gross price paid to the promoters <--
15 or sponsors for the sale, lease or other exploitation of
16 broadcasting, television and motion picture rights of the
17 contest or exhibition shall be subject to a gross receipts tax
18 on a sliding scale, not to exceed 5%. The tax levied under this <--
19 section shall be fixed by commission regulation within 12 months
20 of the implementation of this subsection.
21 (b) Telecasts.--Any person who charges or receives an
22 admission fee for a contest on a closed-circuit telecast that
23 takes place in this Commonwealth shall pay a tax of 3% of the
24 person's gross receipts attributable to the fees. The tax under
25 this subsection shall apply whether or not the telecast
26 originates in this Commonwealth. AS FOLLOWS: <--
27 (1) FIVE PERCENT ON THE COST OF EXPLOITATION RIGHTS
28 OBTAINED FOR THE FIRST $60,000 OR LESS;
29 (2) THREE PERCENT ON THE COST OF EXPLOITATION RIGHTS
30 OBTAINED FOR THE NEXT $100,000;
19910H1174B3418 - 29 -
1 (3) TWO PERCENT ON THE COST OF EXPLOITATION RIGHTS
2 OBTAINED FOR THE NEXT $100,000; AND
3 (4) ONE PERCENT ON THE COST OF EXPLOITATION RIGHTS
4 OBTAINED FOR ANY AMOUNT OVER $260,000.
5 (C) PAY-PER-VIEW TELECASTS.--ANY PRODUCER WHO CHARGES OR
6 RECEIVES A FEE FOR HAVING A CONTEST SEEN ON A PAY-PER-VIEW
7 TELECAST THAT IS SHOWN IN THIS COMMONWEALTH, UTILIZING A CABLE
8 TELEVISION SYSTEM, SHALL PAY A TAX OF 3% OF THE PRODUCER'S GROSS
9 RECEIPTS ATTRIBUTABLE TO THE INDIVIDUAL PAY-PER-VIEW TELECAST
10 FEES. THE TAX UNDER THIS SUBSECTION SHALL BE COLLECTED FROM THE
11 PRODUCER BY THE CABLE TELEVISION SYSTEM OPERATOR WHOSE PAY-PER-
12 VIEW FACILITIES ARE BEING UTILIZED BY THE PRODUCER FOR THIS
13 PURPOSE AND SHALL BE FORWARDED TO THE COMMISSION. THE PRODUCER'S
14 GROSS RECEIPTS UPON WHICH THIS TAX IS IMPOSED SHALL NOT INCLUDE
15 FEDERAL, STATE AND LOCAL TAXES PAID BY THE INDIVIDUAL WHO VIEWS
16 THE CONTEST.
17 (c) (D) Payment.--Payment of the gross receipts tax provided <--
18 for in this section shall be made within 48 hours after the
19 contest or exhibition if the tax is payable under subsection (a)
20 or within ten 45 days if the tax is payable under subsection (b) <--
21 (C). The payment shall be accompanied by a form prescribed by <--
22 the commission setting forth the gross receipts received from
23 the contest or exhibition, EXHIBITION OR PAY-PER-VIEW TELECAST <--
24 AND SUCH OTHER INFORMATION AS THE COMMISSION MAY REQUIRE. The
25 form shall require the taxpayer to state the amount of gross
26 receipts, the number of tickets sold and such other information
27 as the commission may require. In the case of a live contest or
28 exhibition or a closed-circuit telecast, payment shall be <--
29 accompanied by a verified statement by the ticket printer
30 setting forth the number of tickets printed for use at the
19910H1174B3418 - 30 -
1 contest or exhibition.
2 (d) (E) Penalties.-- <--
3 (1) A person who intentionally makes a false report
4 under this section commits perjury and shall, upon
5 conviction, be subject to punishment under 18 Pa.C.S. § 4902
6 (relating to perjury). The penalty shall be in addition to
7 any other penalties imposed under this subpart.
8 (2) A person who intentionally fails, neglects or
9 refuses to file the form or pay the tax as prescribed in this
10 section, or who refuses to permit the department to examine
11 the books, papers and records pertaining to an event taxable
12 under this section, commits a misdemeanor of the third
13 degree, and shall, in addition, be subject to suspension or
14 loss of license or a civil penalty at the discretion of the
15 commission.
16 (e) (F) Gross receipts.--Gross receipts shall be calculated <--
17 without any deductions for commissions, brokerage fees,
18 distribution fees, advertising or other expenses or charges in
19 respect thereto, except that Federal taxes and taxes imposed by
20 a political subdivision may be deducted. Notwithstanding section
21 3 of the act of December 31, 1965 (P.L.1257, No.511), known as
22 The Local Tax Enabling Act, the tax levied under this subsection
23 does not vacate ordinances or resolutions passed under the
24 authority of that act. In the case of a live contest or
25 exhibition taxable under subsection (a), gross receipts includes
26 the face value of all tickets sold and complimentary tickets
27 issued. In the case of a closed-circuit PAY-PER-VIEW telecast <--
28 taxable under subsection (b) (C), gross receipts includes the <--
29 face TOTAL amount of all tickets sold without allocation for any <--
30 other event included in the admission price. FEES THAT WERE <--
19910H1174B3418 - 31 -
1 CHARGED IN ORDER TO VIEW THE EVENT.
2 § 917. Application and fees.
3 An application for a permit or license shall be verified and
4 shall be accompanied by a nonrefundable application fee in an
5 amount established by the commission by regulation, which fee
6 shall be subject to review in accordance with the act of June
7 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
8 If the revenues generated by fees and civil penalties imposed
9 pursuant to this subpart are not sufficient to match
10 expenditures over a two-year period, the commission shall adjust
11 those fees by regulation, subject to review in accordance with
12 the Regulatory Review Act, such that the projected revenues will
13 meet or exceed projected expenditures. If the department
14 determines that fees and civil penalties established by the
15 commission are inadequate to meet the costs of minimum
16 enforcement efforts required by this subpart, then the
17 department, after consultation with the commission, shall adjust
18 the fees or civil penalties or both by regulation, subject to
19 review in accordance with the Regulatory Review Act, such that
20 adequate revenues are raised to meet those costs.
21 CHAPTER 11
22 PROMOTION OF CONTESTS AND EXHIBITIONS
23 Subchapter
24 A. Contracts
25 B. Tickets and Advertising
26 C. Admission to Events
27 D. Bonds
28 SUBCHAPTER A
29 CONTRACTS
30 Sec.
19910H1174B3418 - 32 -
1 1101. Commission control of contracts.
2 1102. Notice clause.
3 1103. Provisions in contracts between managers and
4 professional boxers.
5 1104. Approval of contracts.
6 § 1101. Commission control of contracts.
7 The commission, with the approval of the department, shall
8 promulgate rules and regulations governing the form and content
9 of all contracts entered into between or among promoters and
10 foreign copromoters and professional boxers and managers and
11 all contracts between managers and professional boxers. All
12 contracts required under this subpart shall be in writing.
13 § 1102. Notice clause.
14 Every contract subject to the provisions of this subpart
15 shall contain the following clause:
16 This agreement is subject to the provisions of the Boxing
17 Act of the Commonwealth of Pennsylvania and to the rules
18 and regulations of the State Athletic Commission of
19 Pennsylvania, and to any future amendments of either of
20 them.
21 § 1103. Provisions in contracts between managers and
22 professional boxers.
23 (a) General provisions.--Every contract between a manager
24 and a professional boxer shall contain provisions governing its
25 duration, division of the boxer's purses and the minimum sum to
26 be guaranteed annually to the boxer by the manager.
27 (b) Termination of contract.--Each contract shall further
28 provide that the contract shall be automatically terminated if
29 the license of either party is revoked by the commission or if
30 the manager fails to renew his license within 30 days after its
19910H1174B3418 - 33 -
1 expiration. If the license of either party is suspended, the
2 contract shall not be binding upon the other party during the
3 period of the suspension.
4 § 1104. Approval of contracts.
5 No contract between a manager and a professional boxer shall
6 be legally valid until both parties to the contract appear
7 before the commission and have received its approval, which
8 shall be endorsed on the contract.
9 SUBCHAPTER B
10 TICKETS AND ADVERTISING
11 Sec.
12 1111. Tickets.
13 1112. Penalty for destroying tickets.
14 1113. Ticket refunds.
15 1114. Advertising matter to state admission price.
16 § 1111. Tickets.
17 (a) Scheduled date and price.--Every ticket of admission to
18 a contest or exhibition shall clearly show on its face the
19 scheduled date of the contest or exhibition and its purchase
20 price, including any taxes thereon.
21 (b) Price limitation.--No ticket shall be sold by any
22 promoter or foreign copromoter for more than the price printed
23 thereon.
24 (c) Antiscalping provision.--No other person shall sell any
25 ticket for more than 50¢ in excess of the price printed on the
26 ticket. No licensee shall directly or indirectly receive any
27 part of any excess price.
28 (d) Numbering of tickets.--Tickets in each price range shall
29 be consecutively numbered, and the number of each ticket shall
30 be clearly printed on both the stub and main portion of the
19910H1174B3418 - 34 -
1 ticket.
2 (e) Schedule of tickets.--A schedule of the numbers of all
3 tickets in each price range shall be furnished to the
4 commission.
5 § 1112. Penalty for destroying tickets.
6 Except upon receipt of prior written authorization from the
7 department, it shall be a misdemeanor of the second degree for
8 any promoter or person associated with or employed by any
9 promoter to destroy any ticket or ticket stub, whether sold or
10 unsold, within six months after the date of any contest or
11 exhibition.
12 § 1113. Ticket refunds.
13 (a) Full refund.--Upon postponement or cancellation of the
14 main event or the entire program of contests or exhibitions, the
15 promoter shall refund the full purchase price of each ticket to
16 any person who presents the entire ticket for a refund within
17 ten days after the scheduled date of the event. The promoter
18 shall announce the postponement or cancellation at the beginning
19 of the program and at other times during the event as the
20 commission shall prescribe and shall notify the ticketholders in
21 each announcement that they may present their ticket stubs for a
22 refund of the purchase price during the program. The commission
23 may require that written notice of the cancellation or
24 postponement and the right to refund be posted at the site of
25 the event in such manner as it may prescribe. After the event
26 has concluded, a promoter who has complied with this subsection
27 need not refund the purchase price upon presentation of a ticket
28 stub.
29 (b) Forfeiture of security.--Failure of any promoter or
30 foreign copromoter to comply with the provisions of subsection
19910H1174B3418 - 35 -
1 (a) shall be sufficient cause to warrant a forfeiture of his
2 bond or other security and an imposition of a penalty or
3 suspension or revocation of his license by the department as
4 provided under section 1304 (relating to suspension or
5 revocation of licenses or permits) or 1305 (relating to civil
6 penalties).
7 (c) Pro rata refunds.--From the fund produced by the
8 forfeiture, pro rata refunds shall be made by the department to
9 persons who purchased tickets, in accordance with subsection
10 (a).
11 § 1114. Advertising matter to state admission price.
12 Each showcard, bill, poster, newspaper or other advertisement
13 of any contest or exhibition shall contain a schedule of
14 admission prices and a conspicuous statement of whether a
15 contest or exhibition is being presented. Failure to comply with
16 the provisions of this section shall constitute grounds for the
17 suspension or revocation of the promoter's license.
18 SUBCHAPTER C
19 ADMISSION TO EVENTS
20 Sec.
21 1121. Admissions not to exceed seating capacity.
22 1122. Age of spectators.
23 § 1121. Admissions not to exceed seating capacity.
24 It shall be a misdemeanor of the third degree for any
25 promoter to admit to any contest or exhibition more persons than
26 there are seats in the place where the contest or exhibition is
27 being held.
28 § 1122. Age of spectators.
29 No minor 16 years of age or under shall be permitted to
30 attend any contest or exhibition unless accompanied by an adult.
19910H1174B3418 - 36 -
1 SUBCHAPTER D
2 BONDS
3 Sec.
4 1131. Promoters and foreign copromoters required to file bonds.
5 1132. Deposit in lieu of surety bond.
6 1133. Filing fee.
7 1134. Recovery on bond.
8 § 1131. Promoters and foreign copromoters required to file
9 bonds.
10 (a) General rule.--Before any license or renewal of a
11 license is issued to a promoter and before any permit is issued
12 to a foreign copromoter, he shall be required to execute and
13 file a surety bond with the department in such reasonable
14 amount, but not less than $3,000, as the department shall
15 determine.
16 (b) Form of bond.--All bonds shall be upon forms supplied by
17 the department, which shall have first adopted them with the
18 approval of the Office of Attorney General.
19 (c) Approval of sureties.--The sufficiency of the sureties
20 shall be subject to approval of the department and the Office of
21 Attorney General.
22 (d) Conditions.--The surety bond shall be conditioned upon
23 the faithful performance by the promoter or foreign copromoter
24 of his obligations under this subpart and the rules and
25 regulations promulgated pursuant to this subpart, including, but
26 not limited to, the fulfillment of his contractual obligations
27 to contestants, managers and other licensees, and the payment of
28 all license and permit fees provided for in this subpart. The
29 aggregate annual liability of the surety for all obligations and
30 fees shall not exceed the amount of the bond.
19910H1174B3418 - 37 -
1 § 1132. Deposit in lieu of surety bond.
2 In lieu of the surety bond required by section 1131 (relating
3 to promoters and foreign copromoters required to file bonds),
4 the promoter may deposit with the department cash, a certified
5 check, letter of credit or direct obligations of the United
6 States or the Commonwealth of Pennsylvania acceptable to the
7 department, in an equivalent amount and subject to the same
8 conditions. The security shall not be returned to the promoter
9 until one year after the date on which it was deposited with the
10 department, unless a surety bond is substituted for the
11 security. Upon the expiration of one year from the date on which
12 the security was deposited, it shall be returned to the
13 depositor if no claim against the deposit is outstanding.
14 § 1133. Filing fee.
15 A filing fee fixed by the commission shall accompany each
16 bond filed or cash or security deposited in lieu of the bond
17 under this subchapter.
18 § 1134. Recovery on bond.
19 Recovery may be had on the bond or against the deposit of
20 cash or security in the same manner as penalties are recoverable
21 at law.
22 CHAPTER 13
23 ENFORCEMENT
24 Sec.
25 1301. Commission hearings.
26 1302. Subpoenas.
27 1303. Preliminary suspension of licenses or permits.
28 1304. Suspension or revocation of licenses or permits.
29 1305. Civil penalties.
30 § 1301. Commission hearings.
19910H1174B3418 - 38 -
1 The commission shall conduct all hearings under the
2 provisions of Title 2 (relating to administrative law and
3 procedure). The commission shall conduct a hearing within ten
4 business days from the time any recommendation is made by the
5 executive director that a permit or license be suspended or
6 revoked.
7 § 1302. Subpoenas.
8 The commission may issue subpoenas in connection with the
9 investigation, requiring the attendance and testimony of or the
10 production of books and papers by any licensee or other person
11 whom the commission believes to have information, books or
12 papers of importance to it in making the investigation.
13 § 1303. Preliminary suspension of licenses or permits.
14 (a) General rule.--The commission may, upon its own motion
15 or upon the verified written complaint of any person charging a
16 licensee or permittee with violating any provision of this
17 subpart or the rules and regulations promulgated under this
18 subpart, order the preliminary suspension of any license or
19 permit until adjudication by the commission, if such action is
20 necessary to prevent immediate or irreparable harm to the public
21 welfare or to protect the health and safety of a boxer.
22 (b) Meetings.--Upon the oral or written agreement of two
23 members of the commission, the commission may conduct meetings
24 under subsection (a) by voice or video electronic means, if the
25 subject matter of the meeting is so compelling or timely that
26 considering the matter at the commission's next regular meeting
27 would render any decision moot, adversely affect the rights of
28 the aggrieved parties under this subpart or threaten the safety
29 or physical health of participants. A stenographic record of
30 such meetings shall be made and maintained by the commission and
19910H1174B3418 - 39 -
1 be made available to the parties upon request. The subject
2 matter of any such meeting shall then become the first item on
3 the commission's agenda for its next regularly scheduled
4 meeting.
5 (c) Hearing date.--The commission shall hold a hearing
6 within ten business days after the date on which the license or
7 permit was suspended preliminarily, at which time reasonable
8 efforts shall be made for the affected parties and the
9 commission to be physically present.
10 § 1304. Suspension or revocation of licenses or permits.
11 (a) General rule.--The commission may suspend or revoke a
12 license or permit in any case where the commission finds that
13 the licensee or permittee:
14 (1) Is guilty of gross immorality.
15 (2) Is unfit or incompetent by reason of negligence or
16 habits.
17 (3) Is guilty of violating any provision of this subpart
18 or of the rules and regulations promulgated under this
19 subpart.
20 (4) Has committed fraud or deceit in securing his or
21 another's license or permit.
22 (5) Has been convicted of, or pleaded guilty or entered
23 a plea of nolo contendere to, or has been found guilty by a
24 judge or jury of, a crime in any jurisdiction within ten
25 years preceding the suspension or revocation.
26 (6) Is an habitual drunkard or is addicted to the use of
27 morphine, cocaine or other drugs having a similar effect.
28 (7) Is or has become mentally incompetent.
29 (8) Has been guilty of unprofessional or unethical
30 conduct or such conduct as to require a suspension or
19910H1174B3418 - 40 -
1 revocation in the public interest.
2 (9) Has made a misstatement of a material fact or
3 fraudulently concealed a material fact or has induced, aided
4 or abetted any other person in misstating or concealing any
5 material fact in any application or other proceeding under
6 this subpart.
7 (10) Has failed to account for or pay over moneys
8 belonging to others which have come into his possession in
9 connection with a contest or exhibition.
10 (11) Has failed to furnish to the proper party a copy of
11 any contract or statement required by this subpart or the
12 rules and regulations promulgated under this subpart, or has
13 breached such a contract.
14 (12) Has paid or agreed to pay any money or article of
15 value to any person not having a license or a permit for
16 soliciting or for business secured or for rendering of any
17 service or the doing of any of the acts forbidden by this
18 subpart and the rules and regulations promulgated under this
19 subpart.
20 (13) Has loaned his license or permit to another person
21 or has borrowed or used the license or permit of another.
22 (14) Is guilty of any form of pretense which might
23 induce the public or citizens to become a prey to
24 professional exploitation.
25 (15) Has employed a person who has not been issued a
26 license or permit when so required by law.
27 (16) Has failed to maintain in force the bond required
28 by this subpart or has failed to forward a deposit in lieu of
29 the bond.
30 (17) Has by act or omission conducted himself in a
19910H1174B3418 - 41 -
1 manner detrimental to the best interests of boxing generally
2 or to the public interest and general welfare.
3 (18) Is associating or consorting with criminals,
4 bookmakers, gamblers or persons of similar ill repute, or
5 with persons of no known or visible means of livelihood, or
6 is himself engaged or engaging in similar pursuits or
7 conduct.
8 (19) Has been disciplined in any manner by the
9 commission or similar agency or body of any jurisdiction.
10 (20) Has failed to pay a fine or any part thereof
11 imposed pursuant to this subpart.
12 (21) Is or may be at risk of serious physical impairment
13 if allowed to participate in boxing engagements. The
14 commission may investigate the mental or physical fitness of
15 a licensee to participate in contests or exhibitions at any
16 time. This paragraph only applies to licensees or permittees
17 who are boxers.
18 (b) Hearings.--Any licensee or permittee whose license or
19 permit is suspended or revoked pursuant to this section shall
20 have a right to a hearing before the commission within ten
21 business days after the date on which the license or permit is
22 suspended or revoked.
23 § 1305. Civil penalties.
24 The commission may impose a civil penalty of not more than
25 $5,000 for any violation of any provision of this subpart, other
26 than section 1701 (relating to prohibited competitions), or the
27 rules and regulations promulgated under those provisions, in
28 addition to any other punishment provided under this subpart for
29 the violation. Any licensee or permittee upon whom a civil
30 penalty is imposed under this section shall have a right to a
19910H1174B3418 - 42 -
1 hearing before the commission within ten days after notice of
2 the commission's intent to impose the penalty is received.
3 CHAPTER 15
4 FINANCIAL PROVISIONS
5 Subchapter
6 A. Financial Interests
7 B. Commission Receipts
8 C. Purses
9 D. Insurance
10 SUBCHAPTER A
11 FINANCIAL INTERESTS
12 Sec.
13 1501. Financial interest in boxer prohibited.
14 1502. Financial interest in opponent prohibited.
15 1503. Financial interest of matchmaker.
16 § 1501. Financial interest in boxer prohibited.
17 No commission member or employee or physician, referee or
18 judge licensed under this subpart, shall have any direct or
19 indirect financial or pecuniary interest in any boxer. A
20 violation of this section shall constitute a misdemeanor of the
21 third degree.
22 § 1502. Financial interest in opponent prohibited.
23 No manager, trainer or second of any boxer shall have any
24 direct or indirect financial or pecuniary interest in the
25 opponent in any contest in which his own boxer participates. No
26 boxer shall have any direct or indirect financial or pecuniary
27 interest in his opponent in any contest. A violation of this
28 section shall constitute a misdemeanor of the third degree.
29 § 1503. Financial interest of matchmaker.
30 No matchmaker shall have any direct or indirect financial or
19910H1174B3418 - 43 -
1 pecuniary interest in any boxer who is engaging in a contest
2 arranged by that matchmaker. A violation of this section shall
3 constitute a misdemeanor of the third degree.
4 SUBCHAPTER B
5 COMMISSION RECEIPTS
6 Sec.
7 1511. Disposition of commission receipts.
8 1512. Athletic Commission Augmentation Account.
9 § 1511. Disposition of commission receipts.
10 All fees, taxes, civil penalties, forfeitures and other
11 moneys collected under the provisions of this subpart and the
12 rules and regulations promulgated under this subpart shall be
13 collected by the commission and transmitted to the Department of
14 Revenue.
15 § 1512. Athletic Commission Augmentation Account.
16 All funds collected by the commission shall be paid into the
17 Athletic Commission Augmentation Account, which shall be a
18 special restricted receipts account within the General Fund.
19 This account shall be used only for the support and operation of
20 the commission unless a surplus arises after two consecutive
21 years, at which time the secretary shall transfer any amount in
22 excess of the commission's budget into the General Fund.
23 SUBCHAPTER C
24 PURSES
25 Sec.
26 1521. Minimum purses for boxers.
27 1522. Distribution of purses to boxers.
28 1523. Withholding of purses.
29 1524. Hearing regarding withheld purse.
30 1525. Disposition of withheld purse.
19910H1174B3418 - 44 -
1 1526. Advances against purses.
2 § 1521. Minimum purses for boxers.
3 No purse less than $50 shall be paid by the promoter to any
4 professional boxer for any contest or exhibition, other than a
5 training exhibition.
6 § 1522. Distribution of purses to boxers.
7 (a) Promoter distribution.--Unless otherwise directed by the
8 commission or an authorized agent of the commission, all boxing
9 purses shall be distributed by the promoter immediately after
10 the conclusion of the contest or exhibition and, in any event,
11 not later than 24 hours after the conclusion. A written
12 statement showing the distribution of the purse, including each
13 item of receipt and each expenditure or deduction, shall be
14 furnished to the boxer and his manager, together with his share
15 of the purse. A copy of the statement, certified by the promoter
16 to be true and correct, shall be filed in the office of the
17 executive director and shall have attached to it receipted
18 vouchers for every expenditure or deduction.
19 (b) Manager distribution.--Unless otherwise directed by the
20 commission or an authorized agent of the commission, every
21 manager shall furnish a statement of distribution to the boxer
22 he manages, together with the boxer's share of the purse,
23 immediately after he receives the purse and statement from the
24 promoter and, in any event, not later than 24 hours after
25 receipt. A copy thereof, certified by the manager to be true and
26 correct, shall be filed in the office of the executive director
27 and shall have attached to it receipted vouchers for every
28 expenditure or deduction made by the manager.
29 § 1523. Withholding of purses.
30 (a) General rule.--The commission may order the promoter to
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1 withhold any purse, or any part thereof, or any receipts or
2 other funds belonging to or payable to any contestant or for
3 which any contestant is competing, or any manager's share
4 thereof, if it appears that the contestant is not competing
5 honestly or is intentionally not competing to the best of his
6 ability and skill, or if it appears that the contestant, his
7 manager or any of his seconds has violated any provision of this
8 subpart or the rules and regulations promulgated under this
9 subpart.
10 (b) Escrow.--The commission may order that the gross
11 receipts shall be withheld and placed in escrow if it appears
12 that this subpart has been violated.
13 § 1524. Hearing regarding withheld purse.
14 (a) Delivery to commission.--Any purse or portion thereof
15 withheld under section 1523 (relating to withholding of purses)
16 shall be delivered by the promoter to the commission within 48
17 hours after the end of the contest.
18 (b) Request for hearing.--Within ten days after the end of
19 the contest, the licensee from whom the sum was withheld may
20 apply in writing to the commission for a hearing. Upon receipt
21 of the application, the commission shall fix a date for a
22 hearing.
23 § 1525. Disposition of withheld purse.
24 (a) General rule.--Within a reasonable time after the
25 hearing or after the expiration of ten days following the
26 contest, if no application for a hearing is filed, the
27 commission shall determine the disposition to be made of the
28 withheld purse.
29 (b) Withholding.--If the commission finds the charges upon
30 which the withholding order was based to be true and to be
19910H1174B3418 - 46 -
1 sufficient lawful reason upon which to base such an order, it
2 may declare the funds, or any part thereof, withheld or
3 forfeited.
4 (c) Distribution.--If the commission finds the charge or
5 charges to be untrue or not to be sufficient lawful reason upon
6 which to base a withholding order, it shall distribute the
7 withheld funds to the persons entitled thereto.
8 § 1526. Advances against purses.
9 (a) General rule.--No promoter or foreign copromoter shall
10 pay, lend or give any money to a contestant before any contest
11 as an advance against his purse or for a similar purpose. A
12 promoter may, with the prior written permission of the
13 commission, pay or advance to a contestant necessary expenses
14 for transportation and maintenance in preparation for a contest.
15 (b) Forfeiture of purse.--If a contestant's purse is
16 forfeited, the commission may include such payments or advances
17 as part of the forfeiture, and, if he does not forward that
18 amount to the department, it may be recovered in the same manner
19 as a debt due the Commonwealth.
20 SUBCHAPTER D
21 INSURANCE
22 Sec.
23 1531. Insurance coverage of boxers.
24 § 1531. Insurance coverage of boxers.
25 The commission may promulgate rules and regulations requiring
26 licensed boxers to be covered by insurance for:
27 (1) Medical, surgical and hospital care resulting from
28 injuries sustained while preparing for or engaged in boxing
29 contests or exhibitions with the insured being the
30 beneficiary of the policies.
19910H1174B3418 - 47 -
1 (2) Life, providing for payments to the estates or
2 beneficiaries of deceased boxers where death was caused by
3 injuries received while preparing for or engaged in contests
4 or exhibitions.
5 The premiums for this insurance shall be paid by the insured's
6 manager.
7 CHAPTER 17
8 MISCELLANEOUS PROVISIONS
9 Sec.
10 1701. Prohibited competitions.
11 § 1701. Prohibited competitions.
12 (a) Offense defined.--A person commits a misdemeanor of the
13 first degree if he promotes, sponsors or participates in any
14 manner in the staging of, or the conduct of, any tough guy
15 contest.
16 (b) Application of section.--This section shall not apply
17 to:
18 (1) News media, including, but not limited to,
19 television, radio, newspapers and periodicals for their
20 reporting activities relating to any tough guy contest.
21 (2) Amateur or professional contests or exhibitions for
22 which a permit has been issued under Chapter 9 (relating to
23 licenses and permits).
24 (3) Professional wrestling exhibitions.
25 (4) Contests staged in connection with athletic training
26 programs.
27 (5) Amateur or professional martial arts contests.
28 (6) Collegiate or scholastic boxing, wrestling or
29 martial arts contests.
30 (7) Professional or amateur wrestling contests not
19910H1174B3418 - 48 -
1 prohibited by the commission under Subpart C (relating to
2 wrestling).
3 (c) Definition.--As used in this section, the term "tough
4 guy contest" means any competition which involves any physical
5 contact bout between two or more individuals who attempt to
6 knock out the opponent by employing boxing, wrestling, martial
7 arts tactics, kicking, choking or other techniques or any
8 combination thereof.
9 SUBPART C
10 WRESTLING
11 Chapter
12 19. Preliminary Provisions
13 21. Regulation of Professional Wrestling Contests and
14 Exhibitions
15 CHAPTER 19
16 PRELIMINARY PROVISIONS
17 Sec.
18 1901. Short title of subpart.
19 1902. Definitions.
20 1903. Applicability of subpart.
21 § 1901. Short title of subpart.
22 This subpart shall be known and may be cited as the Wrestling
23 Act.
24 § 1902. Definitions.
25 Subject to additional definitions contained in subsequent
26 provisions of this subpart which are applicable to specific
27 provisions of this subpart, the following words and phrases when
28 used in this subpart shall have the meanings given to them in
29 this section unless the context clearly indicates otherwise:
30 "Promoter." Any person and, in the case of a corporation, an
19910H1174B3418 - 49 -
1 officer, director, employee or shareholder thereof who produces,
2 arranges or stages any professional wrestling exhibition.
3 "Wrestling contest." A wrestling engagement in which the
4 wrestlers strive earnestly in good faith to win.
5 "Wrestling event." One or more wrestling exhibitions
6 conducted at the same location on the same day.
7 "Wrestling exhibition." An engagement in which the
8 participants display their skills in a struggle against each
9 other in the ring, with or without the use of accessories,
10 without necessarily striving to win, provided that contests
11 prohibited by law shall not be considered exhibitions.
12 § 1903. Applicability of subpart.
13 This subpart shall not apply to any amateur or professional
14 wrestling contest or exhibition held solely as a training event
15 for the Olympic Games and certified as such an event by the
16 commission.
17 CHAPTER 21
18 REGULATION OF PROFESSIONAL WRESTLING CONTESTS
19 AND EXHIBITIONS
20 Sec.
21 2101. Promoter's license.
22 2102. Promoter's bonding requirements.
23 2103. Gross receipts taxes.
24 2104. Physician to be in attendance.
25 2105. Ambulance available.
26 2106. Crowd control.
27 2107. Prohibited acts.
28 2108. Enforcement.
29 2109. Penalties.
30 2110. Disposition of commission receipts.
19910H1174B3418 - 50 -
1 § 2101. Promoter's license.
2 (a) Required.--No promoter shall conduct, hold or promote
3 any professional wrestling contest or exhibition unless the
4 promoter has first obtained a promoter's license from the
5 commission. A promoter licensed under the act of July 1, 1989
6 (P.L.160, No.29), known as the Professional Wrestling Act,
7 including a promoter deemed licensed under section 3(a) of that
8 act, shall be deemed licensed under this subpart, unless the
9 commission has suspended or revoked the license or the license
10 has expired. A promoter's license shall be issued by the
11 commission upon the filing by an applicant of the following:
12 (1) A license fee of $100.
13 (2) A surety bond as required under section 2102
14 (relating to promoter's bonding requirements).
15 (3) An application form stating the name, address, phone
16 number, taxpayer identification number and nature of the
17 entity applying for the license.
18 (b) Prohibition.--The commission shall not issue or renew a
19 promoter's license to a person who has been convicted of or
20 pleaded guilty or nolo contendere to any of the following
21 offenses during the ten years preceding the application date:
22 (1) Bribery.
23 (2) Corrupt solicitation.
24 (3) Extortion.
25 (4) Perjury or subornation of perjury.
26 (5) Carrying a deadly weapon.
27 (6) Any offense set forth in 18 Pa.C.S. Ch. 43 Subch. A
28 (relating to definition of offenses generally), 55 (relating
29 to riot, disorderly conduct and related offenses), 59
30 (relating to public indecency) or 63 (relating to minors).
19910H1174B3418 - 51 -
1 (7) Bribery in athletic contests.
2 (8) Soliciting or accepting a bribe in athletic
3 contests.
4 (9) Professional theft.
5 (10) Murder.
6 (11) Administering drugs.
7 (12) Rape.
8 (13) Indecent assault.
9 (14) Kidnapping.
10 (15) Any offense involving the use, sale or delivery of
11 narcotics.
12 (c) Renewal.--A promoter's license shall be renewed annually
13 upon payment of a license fee of $100 to the Athletic Commission
14 Augmentation Account. The license shall expire on December 31
15 next following issuance.
16 (d) Reports.--At least ten days before the scheduled date of
17 any professional wrestling contest or exhibition, the promoter
18 of the contest or exhibition shall notify the commission in
19 writing of the date, time and location of the event.
20 (e) Suspension.--Upon conviction of a promoter for any
21 violation of this subpart, the commission shall suspend the
22 promoter's license for a period as follows:
23 (1) For an offense other than as provided in paragraph
24 (2), 60 days.
25 (2) For an offense committed within 12 months after
26 conviction of a prior offense, 90 days.
27 (f) Revocation.--Upon conviction of a promoter of a
28 violation of this subpart committed within 12 months after
29 conviction of a violation as defined under subsection (e)(2),
30 the commission shall revoke the promoter's license. The license
19910H1174B3418 - 52 -
1 shall not be reissued prior to the expiration of one year from
2 the effective date of revocation.
3 (g) Promoting without a license.--The commission may issue
4 an order prohibiting a promoter from holding or promoting a
5 professional wrestling contest or exhibition without having
6 obtained the promoter's license required under subsection (a).
7 If it is determined the respondent has engaged in the promotion
8 of any professional contest or exhibition without having first
9 obtained a promoter's license from the commission, the court, on
10 petition by the commission, shall enjoin him from such
11 activities unless and until he has been duly licensed. The
12 procedure in such cases shall be the same as in any other
13 injunction suit. The remedies under this subsection are in
14 addition to any other remedies under this part.
15 § 2102. Promoter's bonding requirements.
16 (a) General rule.--Before the scheduled date of any
17 professional wrestling contest or exhibition, the promoter shall
18 provide the commission and shall maintain in effect a surety
19 bond in an amount of not less than $10,000, as the department
20 shall determine.
21 (b) Conditions of bond.--The surety bond shall be
22 conditioned upon the faithful performance by the promoter of his
23 obligations under this subpart and any contract with an entity
24 in charge of an arena or other facility at which the exhibition
25 is held. All bonds shall be on a form supplied by the department
26 and shall be accompanied by a filing fee fixed by the
27 commission.
28 (c) Recovery on bond.--Recovery may be had on the bond in
29 the same manner as penalties are recoverable at law.
30 § 2103. Gross receipts taxes.
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1 (a) Imposition of tax.--In addition to any Federal tax or
2 tax imposed by any political subdivision of this Commonwealth to
3 be paid on gross receipts, every promoter shall pay a State tax
4 of 5% of the face value of all tickets sold to any wrestling
5 contest or exhibition.
6 (b) Payment of tax.--The tax payment shall be made to the
7 commission within ten days after the contest or exhibition. The
8 payment shall be accompanied by a form prescribed by the
9 commission setting forth the taxable receipts received from the
10 contest or exhibition, together with such other information as
11 the department may require. Payment shall be accompanied by a
12 verified statement by the ticket printer showing the number of
13 tickets printed for use at the contest or exhibition. Any
14 payment not received by the commission within the ten-day period
15 shall be subject to a late fee fixed by the commission by
16 regulation, which shall be not more than $100.
17 § 2104. Physician to be in attendance.
18 Before any professional wrestling contest or exhibition shall
19 take place, the promoter and the operator of the arena or
20 facility shall employ a physician to be present at every
21 wrestling contest or exhibition. The physician shall observe the
22 physical condition of the participants throughout the contest or
23 exhibition and shall be authorized to terminate the contest or
24 exhibition when, in his judgment, severe injury would result if
25 the contest or exhibition were to continue. The physician's fee
26 shall be paid by the promoter.
27 § 2105. Ambulance available.
28 Before any professional wrestling contest or exhibition shall
29 take place, the promoter and the operator of the arena or
30 facility shall have an ambulance or paramedical unit present at
19910H1174B3418 - 54 -
1 the arena in case a serious injury were to occur. If the
2 ambulance or paramedical unit is located within five miles of
3 the arena and that unit has been notified to be on call by the
4 promoter, the unit need not be present at the arena.
5 § 2106. Crowd control.
6 Before any professional wrestling contest or exhibition shall
7 take place, the promoter and the operator of the arena or
8 facility shall ensure that adequate security personnel are in
9 attendance to control fans in attendance. The size of the
10 security force is at the discretion of the promoter and the
11 owner or operator of the arena or facility, as they shall agree.
12 § 2107. Prohibited acts.
13 (a) Arena owners or operators.--An owner or operator of an
14 arena or other facility at which a professional wrestling
15 contest or exhibition takes place shall not destroy any ticket
16 or ticket stub, whether sold or unsold, within three months
17 after the date of any exhibition.
18 (b) Wrestlers.--A wrestler shall not deliberately cut or
19 otherwise mutilate himself while participating in a wrestling
20 contest or exhibition.
21 (c) Promoter.--A promoter shall not do any of the following:
22 (1) Conduct any professional wrestling contest or
23 exhibition without satisfying the bond requirements specified
24 in section 2102 (relating to promoter's bonding
25 requirements).
26 (2) Employ as a participant in a wrestling contest or
27 exhibition any individual who is under 18 years of age.
28 § 2108. Enforcement.
29 (a) General rule.--The executive director may assign a
30 representative of the commission to any professional wrestling
19910H1174B3418 - 55 -
1 contest or exhibition to ensure compliance with this subpart.
2 This representative shall be admitted by the promoter without
3 fee. In place of a commission representative the executive
4 director may, upon notifying the police chief of any municipal
5 police department, request that a designee of the local police
6 department monitor the compliance of this subpart at the
7 exhibition.
8 (b) Enforcement fee.--The promoter shall pay a fee of $100
9 for each wrestling event to the enforcement entity attending the
10 event under subsection (a) to cover the costs of enforcement of
11 this subpart.
12 § 2109. Penalties.
13 Except for a violation of section 2101 (relating to
14 promoter's license) or 2107 (relating to prohibited acts), a
15 knowing or reckless violation of any provision of this subpart
16 shall be a summary offense. A knowing or reckless violation of
17 section 2101 or 2107 shall be a misdemeanor of the third degree.
18 In addition to any other procedure for instituting proceedings,
19 the executive director may, upon receiving a report of an
20 unlawful incident or a violation of this subpart, authorize the
21 filing of a complaint or citation pursuant to the Pennsylvania
22 Rules of Criminal Procedure.
23 § 2110. Disposition of commission receipts.
24 Fees, taxes, fines, forfeitures and other money collected
25 under the provisions of this subpart and the rules and
26 regulations promulgated under this part, including all fees
27 charged under this part and fines imposed and collected for
28 violations of this part, shall be collected by the commission,
29 transmitted to the Department of Revenue and paid into the
30 Athletic Commission Augmentation Account established in section
19910H1174B3418 - 56 -
1 1512 (relating to Athletic Commission Augmentation Account).
2 Section 2. Status of existing licenses and permits.
3 This act shall not adversely affect licenses or permits
4 issued under or otherwise valid under the act of July 1, 1989
5 (P.L.136, No.28), known as the Athletic Code, or the act of July
6 1, 1989 (P.L.160, No.29), known as the Professional Wrestling
7 Act. This act shall not affect any suspensions, revocations or
8 other action taken with respect to licenses and permits by the
9 Department of State or the State Athletic Commission under
10 applicable law.
11 Section 3. Current members of State Athletic Commission and
12 Medical Advisory Board.
13 Any person who is a member of the State Athletic Commission
14 or the Medical Advisory Board on the effective date of this act
15 shall serve on the commission or board for a term of four TWO <--
16 years from his date of appointment and until his successor is
17 appointed and qualified.
18 Section 4. Effect of prior rules and regulations.
19 (a) All rules and regulations made pursuant to or valid <--
20 under any act repealed by this act shall continue in force and
21 effect unless contrary to the provisions of 5 Pa.C.S. Pt. I
22 (relating to boxing and wrestling).
23 (b) Regulations promulgated under the act of April 12, 1951 <--
24 (P.L.90, No.21), known as the Liquor Code, are invalidated
25 insofar as they are inconsistent with section 1 (section 107).
26 Section 5. Repayment of appropriation.
27 The appropriation under section 3107 of the act of July 1,
28 1989 (P.L.136, No.28), known as the Athletic Code, shall be
29 repaid by the State Athletic Commission to the Professional
30 Licensure Augmentation Account by June 30, 1995.
19910H1174B3418 - 57 -
1 Section 6. Repeals.
2 The following acts and parts of acts are repealed in their
3 entirety:
4 Act of July 1, 1989 (P.L.136, No.28), known as the Athletic
5 Code.
6 Act of July 1, 1989 (P.L.160, No.29), known as the
7 Professional Wrestling Act.
8 SECTION 7. RETROACTIVITY. <--
9 THIS SECTION 916(B) OF THIS ACT SHALL BE RETROACTIVE TO <--
10 JANUARY 1, 1992.
11 Section 7 8. Effective date. <--
12 This act shall take effect immediately.
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