ATHLETIC CODE - REPEALED — 1989 Pa. Act 28 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 1375, 1910, 2023, PRINTER'S NO. 2263
2137, 2193
INTRODUCED BY LINTON, OLIVER AND MILLER, APRIL 17, 1989
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 28, 1989
AN ACT
1 Reestablishing the State Athletic Commission; providing for an
2 Executive Director and a Medical Advisory Board; permitting
3 and regulating boxing contests and exhibitions; requiring
4 licenses and permits; providing for the granting, suspension
5 and revocation of licenses and permits issued by the State
6 Athletic Commission; preserving the rights of existing
7 licensees and permittees; prescribing penalties, fines,
8 forfeitures and misdemeanors; requiring bonds and insurance;
9 providing for rules and regulations; imposing a tax on
10 certain receipts; establishing a restricted account for such <--
11 receipts; ESTABLISHING A RESTRICTED REVENUE ACCOUNT FOR <--
12 RECEIPTS; and making an appropriation.
13 TABLE OF CONTENTS
14 Chapter 1. Preliminary Provisions
15 Section 101. Short title.
16 Section 102. Definitions.
17 Section 103. Act not to apply to schools.
18 Chapter 3. Commission; Staff; Medical Advisory Board
19 Section 301. State Athletic Commission.
20 Section 302. Duties of commission.
21 Section 303. Appointment and qualifications of executive
1 director.
2 Section 304. Powers and duties of executive director.
3 Section 305. Medical Advisory Board.
4 Chapter 5. Regulations of Boxing Contests and Exhibitions
5 Section 501. Boxing regulated.
6 Section 502. Age of participants.
7 Section 503. Fictitious names.
8 Section 504. Physician to be in attendance.
9 Section 505. Medical training seminars.
10 Section 506. Register.
11 Section 507. Medical equipment.
12 Section 508. Suspension.
13 Section 509. Examinations.
14 Section 510. Weights and classes.
15 Section 511. Limitation on difference in weights.
16 Section 512. Gloves.
17 Section 513. Duration of boxing bouts; length of rounds.
18 Section 514. Attendance of referee and judges; scoring.
19 Section 515. Seconds.
20 Section 516. Duty of disclosure.
21 Section 517. Sham or collusive contest prohibited.
22 Section 518. Minimum purses for boxers.
23 Section 519. Distribution of purses to boxers; statements.
24 Section 520. Withholding of moneys.
25 Section 521. Hearing regarding withheld purse.
26 Section 522. Hearing, disposition of withheld purse.
27 Section 523. Payments regulated.
28 Section 524. Insurance.
29 Chapter 7. Safety Regulations
30 Section 701. Mandatory eight count.
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1 Section 702. Knockout.
2 Section 703. Physician at knockout.
3 Section 704. Ring padding.
4 Section 705. Boxer knocked unconscious.
5 Section 706. Boxer repeatedly knocked out.
6 Section 707. Six consecutive defeats.
7 Chapter 9. Licenses and Permits
8 Section 901. Power of department to issue, withhold, suspend or
9 revoke licenses and permits.
10 Section 902. Promoters' licenses.
11 Section 903. Representative managers' licenses.
12 Section 904. Foreign copromoters to procure permits.
13 Section 905. Other licenses required.
14 Section 906. Permits required.
15 Section 907. Permits for amateurs.
16 Section 908. Restrictions.
17 Section 909. Permits not to be issued.
18 Section 910. Standards for the issuance of licenses and
19 permits.
20 Section 911. Duration of license.
21 Section 912. Applications for licenses and permits.
22 Section 913. Oral examinations.
23 Section 914. License fees.
24 Section 915. Permit fees.
25 Section 916. Additional license fees; penalties.
26 Chapter 11. Contracts, Advertising, Tickets and Spectators
27 Section 1101. Commission control of contracts.
28 Section 1102. Contracts subject to law.
29 Section 1103. Provisions in contracts between managers and
30 professional boxers.
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1 Section 1104. Approval of contracts.
2 Section 1105. Tickets.
3 Section 1106. Misdemeanor to destroy tickets.
4 Section 1107. Ticket refunds.
5 Section 1108. Advertising matter to state admission price.
6 Section 1109. Admissions not to exceed seating capacity.
7 Section 1110. Age of spectators.
8 Chapter 13. Bonds
9 Section 1301. Promoters and foreign copromoters required to
10 file bonds.
11 Section 1302. Deposit in lieu of surety bond.
12 Section 1303. Filing fee.
13 Section 1304. Recovery on bond.
14 Section 1305. Application and fees.
15 Chapter 15. Hearings and Temporary Suspensions
16 Section 1501. Commission hearings.
17 Section 1502. Subpoenas.
18 Section 1503. Temporary suspension of licenses or permits.
19 Section 1504. Suspension or revocation of licenses.
20 Chapter 17. Penalties
21 Section 1701. Misdemeanors.
22 Section 1702. Departmental fines.
23 Chapter 19. Financial Interests
24 Section 1901. Financial interest in boxer prohibited.
25 Section 1902. Financial interest in opponent prohibited.
26 Section 1903. Financial interest of matchmaker.
27 Section 1904. Fees, fines and forfeitures.
28 Section 1905. Rules and regulations.
29 Chapter 21. Prohibited Competitions
30 Section 2101. Prohibited competitions.
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1 Chapter 31. Miscellaneous Provisions
2 Section 3101. Repeals.
3 Section 3102. Status of existing licenses.
4 Section 3103. Effect of prior rules and regulations.
5 Section 3104. Saving clause.
6 Section 3105. Reestablishment of commission.
7 Section 3106. Athletic Commission Augmentation Account. <--
8 SECTION 3106. ATHLETIC COMMISSION AUGMENTATION ACCOUNT. <--
9 Section 3107 3106 3107. Appropriation. <--
10 Section 3108 3107 3108. Joint State Government Commission. <--
11 Section 3109 3108 3109. Retroactivity. <--
12 Section 3110 3109 3110. Effective date. <--
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 CHAPTER 1
16 PRELIMINARY PROVISIONS
17 Section 101. Short title.
18 This act shall be known and may be cited as the Athletic
19 Code.
20 Section 102. Definitions.
21 The following words and phrases when used in Chapters 1
22 through 17 of this act shall have the meanings given to them in
23 this section unless the context clearly indicates otherwise:
24 "Amateur." A person who has never received nor competed for
25 any purse or other article of value, either for participating in
26 any boxing contest or exhibition, or for the expenses of
27 training therefor other than a prize which does not exceed $50
28 in value.
29 "Boxing." The act of attack and defense with the fists,
30 practiced as a sport, subject to rules adopted by the
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1 commission. The term includes all variations of the sport
2 permitting or using other parts of the human body, including,
3 but not limited to, the foot, knee, leg, elbow or head.
4 "Commission." The State Athletic Commission.
5 "Contest." An engagement in which the boxers strive
6 earnestly in good faith to win.
7 "Department." The Department of State of the Commonwealth.
8 "Executive director." The Executive Director of the State
9 Athletic Commission.
10 "Exhibition." An engagement in which the boxers show or
11 display their skill without necessarily striving to win.
12 "Foreign copromoter." A promoter who has no place of
13 business within this Commonwealth.
14 "Judge." A person, other than a referee, who has a vote in
15 determining the winner of any boxing contest.
16 "Manager." A person who, directly or indirectly, controls or
17 administers the affairs of any boxer.
18 "Matchmaker." A person who brings together professional
19 boxers or arranges professional boxing contests or exhibitions.
20 "Participant." A boxer who takes part in a boxing contest or
21 exhibition.
22 "Physician." An individual licensed to practice medicine and
23 surgery or osteopathy or osteopathic surgery in this
24 Commonwealth.
25 "Professional." A person who has received or competed for,
26 or is receiving or competing for, any purse or other article of
27 value, other than a prize which does not exceed $50 in value,
28 either for participating in any boxing contest or exhibition or
29 for the expenses of training therefor.
30 "Promoter." Any person, and in the case of a corporate
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1 promoter, any officer, director, employee or stockholder
2 thereof, who produces, arranges or stages any professional
3 boxing contest or exhibition.
4 "Purse." The financial guarantee or any other remuneration,
5 or part thereof, for which professional boxers are participating
6 in a contest or exhibition. The term includes the participant's
7 share of any payment received for radio broadcasting, television
8 and motion picture rights.
9 "Secretary." The Secretary of the Commonwealth.
10 Section 103. Act not to apply to schools.
11 No provision of this act nor any rule or regulation
12 promulgated hereunder shall apply to any boxing contest or
13 exhibition conducted or sponsored by any university, college,
14 secondary school or group of universities, colleges or secondary
15 schools or the Department of Corrections when all the
16 participants are students regularly enrolled in such
17 institutions or inmates confined within a State or county
18 correctional facility.
19 CHAPTER 3
20 COMMISSION; STAFF; MEDICAL ADVISORY BOARD
21 Section 301. State Athletic Commission.
22 (a) Composition.--The commission shall be comprised of three
23 members appointed by the Governor with the advice and consent of
24 a majority of the members elected to the Senate, one of whom
25 shall be a medical doctor or doctor of osteopathy licensed to
26 practice in this Commonwealth, with experience in sports
27 medicine. The Governor shall designate one of the members as a
28 chairman for a term of two years. The secretary shall be an ex
29 officio member of the commission.
30 (b) Appointments.--Each appointment shall be for a term of
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1 two years. The terms of the members of the commission appointed
2 prior to the effective date of this act shall terminate on the
3 effective date of this act. Any commissioner so terminated shall
4 continue to hold office until his successor shall be appointed
5 pursuant to subsection (a).
6 (c) Compensation.--Each commissioner, except the secretary <--
7 and chairman, shall receive a salary of $10,000 annually. The
8 chairman shall receive a salary of $10,500 annually. THE <--
9 COMMISSIONERS SHALL RECEIVE A PER DIEM SALARY, THE AMOUNT OF
10 WHICH SHALL BE ESTABLISHED BY THE EXECUTIVE BOARD, ESTABLISHED
11 UNDER SECTION 204 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
12 KNOWN AS THE ADMINISTRATIVE CODE OF 1929. EACH COMMISSIONER, <--
13 EXCEPT THE SECRETARY AND CHAIRMAN, SHALL RECEIVE A SALARY OF
14 $10,000 ANNUALLY. THE CHAIRMAN SHALL RECEIVE A SALARY OF $10,500
15 ANNUALLY. The commissioners shall also receive reasonable and
16 necessary travel expenses incurred in the performance AS A <--
17 DIRECT RESULT of their duties as members of the commission. THE <--
18 EXPENSES INCURRED BY THE COMMISSIONERS SHALL BE ALLOWED AND PAID
19 ON THE PRESENTATION OF ITEMIZED VOUCHERS THEREFOR, WHICH
20 VOUCHERS SHALL BE SUBJECT TO THE APPROVAL OF THE SECRETARY.
21 (d) Removal.--Except as authorized pursuant to this section,
22 no commissioner may be removed from office during his term. The
23 Governor may, upon clear and convincing evidence of misfeasance
24 or malfeasance in office or neglect of duty, remove a
25 commissioner prior to the expiration of his or her term. The
26 Governor shall then provide the commissioner so removed with a
27 detailed written statement of the reasons for his removal.
28 (e) Quorum requirement.--Two members of the commission shall
29 constitute a quorum.
30 Section 302. Duties of commission.
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1 (a) Meetings.--The commission shall hold regular monthly
2 meetings to carry out the requirements of this act, which shall
3 include the consideration of any rules, regulations or
4 amendments thereto which are recommended by the executive
5 director. The meetings shall be open to the public. The meeting
6 times shall be scheduled one year in advance, and be published
7 in the Pennsylvania Bulletin.
8 (b) General duties.--Except as provided in section 103, the
9 commission is hereby granted authority to establish policy and
10 shall be directed to promulgate rules and regulations regarding
11 all the true sports of professional boxing and wrestling
12 contests, as distinguished from professional wrestling
13 exhibitions, held within this Commonwealth, except such contests
14 and exhibitions as are specifically exempted from the provisions
15 of this act.
16 Section 303. Appointment and qualifications of executive
17 director.
18 The secretary shall appoint an executive director of the
19 commission. The executive director shall have administrative
20 experience and other qualifications indicating he is familiar
21 with the activities to be regulated by this act and shall serve
22 at the pleasure of the secretary. The director's salary shall be
23 fixed by the secretary with the approval of the Governor, and
24 the director shall hold no other paid public position.
25 Section 304. Powers and duties of executive director.
26 The executive director shall supervise the administrative
27 work of the commission. The executive director shall have the
28 power and his duty shall be:
29 (1) To attend monthly meetings of the commission.
30 (2) To recommend to the commission suspension or
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1 revocation of any license or permit issued pursuant to this
2 act for violations of any provisions of this act or the rules
3 and regulations of the commission, or when such action is
4 necessary to protect the public welfare.
5 (3) To supervise and direct staff appointed by the
6 secretary engaged in work directly related to the
7 implementation of this act.
8 (4) To prepare and recommend to the commission rules and
9 regulations and amendments thereto.
10 (5) To implement and supervise a drug testing program of
11 all athletes licensed under this act, in consultation with
12 the Medical Advisory Board and the Secretary of Health or his
13 designee.
14 (6) To present the standing committees of both Houses of
15 the General Assembly with an annual review of the
16 commission's rules and regulations.
17 (7) To establish and maintain a record of all athletes
18 licensed under this act, showing for each licensee the
19 following: the date licensed, the results of prefight and
20 postfight physicals, any fictitious or assumed names by which
21 the licensee competes, the number and dates of any
22 suspensions of the athlete, the dates when the athlete is
23 knocked out and the athlete's record from other states.
24 (8) To administer and make effective the provisions of
25 this act and the rules made thereunder.
26 (9) To conduct a substantial portion of the activities
27 required by this act at a single central location, wherein
28 all records of the commission shall be maintained.
29 (10) To prepare an annual budget for the consideration
30 of the commission, showing the costs of operation and
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1 revenues received in the previous fiscal year and the
2 estimated costs of operations and revenues to be received in
3 the next fiscal year. The budget shall be approved by the
4 commission and forwarded to the secretary in a timely fashion
5 for his review and inclusion in the budget request of the
6 department.
7 (11) To aid the commission in the promotion of boxing
8 contests in the Commonwealth.
9 Section 305. Medical Advisory Board.
10 Within 60 days of the effective date of this act, the
11 commission shall appoint five physicians to serve on a Medical
12 Advisory Board for a term of two years. Each member shall be
13 paid a per diem rate to be established by the secretary, but not
14 in excess of $150 per day. The Medical Advisory Board shall
15 issue an annual report to the commission which shall include a
16 review of the health status of each boxer who actually competed
17 during the prior fiscal year to identify those who may be at
18 risk of serious physical impairment and a review of the health
19 and safety regulations promulgated by the commission to
20 recommend changes or additions thereto.
21 CHAPTER 5
22 REGULATIONS OF BOXING CONTESTS AND EXHIBITIONS
23 Section 501. Boxing regulated.
24 Professional boxing contests or exhibitions, including kick
25 boxing, shall be held within this Commonwealth only in
26 accordance with the provisions of this act and the rules and
27 regulations promulgated hereunder. The contests or exhibitions
28 may be held on Sundays.
29 Section 502. Age of participants.
30 (a) General rule.--No person under the age of 18 shall be a
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1 participant in any boxing contest or exhibition.
2 (b) Exception.--
3 (1) Any person between 12 and 17 years of age may
4 participate in amateur boxing contests or exhibitions under
5 such rules and regulations as the commission shall prescribe.
6 (2) Any person between 12 and 17 years of age may
7 participate after obtaining written permission from a parent
8 or legal guardian, as well as consent by the executive
9 director.
10 (3) Persons 12 to 16 years of age may only participate
11 in such contests with persons not more than one year older.
12 (c) Junior olympics.--The limitations set forth in
13 subsections (a) and (b) shall not apply to sanctioned boxing
14 events for the junior olympics under the direction of a national
15 governing organization certified by the commission. For purposes
16 of the junior olympic events, participants, with the written
17 permission of a parent or legal guardian, may box only in the
18 following age divisions:
19 (1) Ten and eleven years of age.
20 (2) Twelve and thirteen years of age.
21 (3) Fourteen and fifteen years of age.
22 Under no circumstances shall any participant take part in any
23 event outside of the approved division for such age group.
24 Section 503. Fictitious names.
25 No person shall participate in any amateur boxing contest or
26 exhibition under a fictitious or assumed name, unless such
27 fictitious or assumed name has first been registered with the
28 commission.
29 Section 504. Physician to be in attendance.
30 A physician shall be assigned to every boxing contest or
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1 exhibition by the executive director. The physician shall
2 observe and continue to observe the physical condition of the
3 participants and is authorized to stop any contest or exhibition
4 at any time to examine a contestant and to terminate a bout
5 when, in the judgment of the physician, severe injury could
6 result to a contestant if the contest or exhibition were to
7 continue. The commission shall establish by rule or regulation a
8 schedule of fees to be paid to physicians for their services.
9 The physician's fee shall be paid by the promoter of the contest
10 or exhibition attended by the physician.
11 Section 505. Medical training seminars.
12 The commission shall conduct frequent mandatory medical
13 training seminars at least three times a year for all ring
14 personnel, commission personnel and other designated persons
15 employed by the secretary.
16 Section 506. Register.
17 The executive director shall establish and maintain a
18 register for all professional boxers licensed in this
19 Commonwealth. The register shall include a photograph of the
20 boxer. In the register, the executive director shall record the
21 results of each boxing contest or exhibition the boxer is
22 involved in, including technical knockouts, knockouts and other
23 boxing-related injuries, as well as the dates of each contest or
24 exhibition and the record of wins and losses.
25 Section 507. Medical equipment.
26 No professional boxing event shall be started unless there is
27 on the premises:
28 (1) An ambulance, together with emergency equipment.
29 (2) A portable resuscitator with oxygen and appropriate
30 endotracheal tubes and a qualified operator.
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1 Section 508. Suspension.
2 For sound medical reasons and to protect the individual
3 boxers, the commission shall establish mandatory license
4 suspensions of those persons who sustain certain injuries. The
5 commission may suspend a boxer's license for up to:
6 (1) Sixty days for a laceration of the face.
7 (2) Thirty days for a technical knockout with minor
8 injuries.
9 (3) Forty-five days for head injuries.
10 (4) Ninety days for a boxer receiving a knockout. Such
11 boxer shall receive an EEG within 24 hours of the knockout.
12 Section 509. Examinations.
13 (a) Prefight physical.--
14 (1) In addition to any other examination required by
15 this act or the rules and regulations promulgated hereunder,
16 each boxer must be examined by the attending physician within
17 two hours before he enters the ring. If, in the opinion of
18 the physician, any boxer is physically or mentally unfit to
19 proceed, the physician shall notify the person in charge, who
20 shall immediately cancel the contest or exhibition.
21 (2) This required examination shall conform to the rules
22 and regulations promulgated by the commission.
23 (b) Postfight physical.--In addition to the examination
24 required in this act, every boxer shall be examined by a
25 physician designated by the executive director during the five
26 days following every contest or exhibition in which he was a
27 participant. Such examination shall be performed at the expense
28 of the promoter.
29 (c) Filing of results of physicals.--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 Section 510. Weights and classes.
4 The commission shall establish classes of boxers by rules and
5 regulations promulgated under this act. Such classes shall be
6 based upon weights.
7 Section 511. Limitation on difference in weights.
8 No contest or exhibition shall be lawful in which the
9 difference in weight of the participants exceeds ten pounds.
10 This limitation shall not apply to contests or exhibitions
11 between participants in the light-heavyweight and heavyweight
12 classes, as defined by the commission, nor to exhibitions held
13 solely for training purposes.
14 Section 512. Gloves.
15 (a) General rule.--All boxers licensed under this act shall
16 be required to use thumbless or thumb-attached gloves. The
17 appropriate weight boxing gloves shall be worn by boxers as
18 follows:
19 (1) One hundred thirty-five pounds or under, boxing
20 gloves weighing not less than five ounces each.
21 (2) Over 135 pounds but not exceeding 160 pounds, boxing
22 gloves weighing not less than six ounces each.
23 (3) Over 160 pounds, boxing gloves weighing not less
24 than ten ounces each.
25 (b) Violation.--A violation of this section may subject the
26 participant, promoter and/or manager to suspension of not less
27 than 30 days or revocation of their licenses, at the discretion
28 of the commission, pursuant to section 1504.
29 Section 513. Duration of boxing bouts; length of rounds.
30 (a) Length of contest.--No boxing contest or exhibition
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1 shall be more than 12 rounds in length, except for championship
2 contests sanctioned by recognized international or national
3 authorities, which may be up to 15 rounds in length.
4 (b) Duration of round.--No round shall be more than three
5 minutes in duration.
6 (c) Mandatory rest period.--There shall be at least a one
7 minute rest between consecutive rounds.
8 (d) Limitation on participation.--No boxer shall participate
9 in, nor be scheduled to participate in, more than 15 rounds
10 within 72 consecutive hours.
11 (e) Limitation on rounds.--The commission may, in respect to
12 any contest or exhibition or in respect to any class of
13 participants, limit the number of rounds in a contest or
14 exhibition to less than the maximum of 15 rounds.
15 Section 514. Attendance of referee and judges; scoring.
16 (a) Referee.--At each professional boxing contest or
17 exhibition, except an exhibition held solely for training
18 purposes, there shall be in attendance, at the expense of the
19 promoter, a duly licensed referee designated by the executive
20 director, who shall direct and control the contest or
21 exhibition.
22 (b) Judges.--There shall also be in attendance at every
23 boxing contest, at the expense of the promoter, two licensed
24 judges, each of whom shall, together with the referee, render
25 his individual decision, in writing, on a scorecard supplied by
26 the executive director at the end of every boxing contest which
27 continues for the scheduled number of rounds. Each judge and the
28 referee shall have one vote, and a majority of the votes cast
29 shall determine the winner.
30 (c) Scoring.--The commission shall by rule or regulation
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1 prescribe the methods of scoring.
2 Section 515. Seconds.
3 Before the start of any boxing contest or exhibition, the
4 referee shall ascertain from each participant the name of the
5 chief second. The chief second shall be held responsible for the
6 conduct of his assistants during the contest or exhibition.
7 Section 516. Duty of disclosure.
8 Every licensee shall, immediately after learning thereof,
9 disclose to the executive director or his designee, or to the
10 official in charge or the attending physician or referee if one
11 of these persons is in attendance at any contest or exhibition,
12 all knowledge or information in his possession concerning any
13 mental or physical disability, injury, illness or incapacity of
14 any boxer.
15 Section 517. Sham or collusive contest prohibited.
16 (a) General rule.--No licensee or other person shall
17 knowingly conduct, give, participate in or be in any way
18 connected with any sham or collusive boxing contest.
19 (b) Reports.--Any licensee who knows or has reason to
20 suspect that a boxing contest is, was or is going to be a sham
21 or collusive contest shall have a duty to promptly report this
22 to the executive director or his designee. Such a report shall
23 be in writing or, if oral, shall be reduced to writing and shall
24 contain all of the reporter's reasons for the conclusions set
25 forth in his report.
26 (c) Definition.--A sham or collusive contest is one in which
27 one or both of the participants does not use his best efforts
28 and skill or does not strive earnestly in good faith to win. It
29 includes, but is not limited to, any pseudo contest, the result
30 of which has been prearranged or any pseudo contest in which
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1 either participant does not, is not going to, or is unable to
2 use or is prevented from using his best efforts and skill as a
3 result of coercion, bribery, duress, threats, reward or promise
4 thereof, physical incapacity or disability, suggestion or
5 agreement, or any other improper or unlawful means.
6 (d) Penalty.--A violation of this section shall constitute a
7 misdemeanor of the third degree.
8 Section 518. Minimum purses for boxers.
9 No purse less than $50 shall be paid by the promoter to any
10 professional boxer for any contest or exhibition, other than a
11 training exhibition.
12 Section 519. Distribution of purses to boxers; statements.
13 (a) Promoter distribution.--Unless otherwise directed by the
14 executive director, all boxing purses shall be distributed by
15 the promoter not later than 24 hours after the conclusion of the
16 contest or exhibition for which the purse is being paid. A
17 written statement showing the distribution of the purse,
18 including each item of receipt and each expenditure or
19 deduction, shall be furnished to the boxer and his manager,
20 together with his share of the purse, and a copy thereof
21 certified by the promoter to be true and correct shall be filed
22 in the office of the executive director. Receipted vouchers for
23 every expenditure or deduction shall be attached to the copy
24 filed with the department.
25 (b) Manager distribution.--Unless otherwise directed by the
26 executive director, every manager shall furnish a statement of
27 distribution to the boxer he manages, together with the boxer's
28 share of the purse, not later than 24 hours after he receives
29 the purse and statement from the promoter. A copy thereof,
30 certified by the manager to be true and correct, shall be filed
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1 in the office of the department, and it shall have attached to
2 it receipted vouchers for every expenditure or deduction made by
3 the manager.
4 Section 520. Withholding of moneys.
5 (a) General rule.--The commission shall have the power to
6 order the promoter to withhold any purse, or any part thereof,
7 or any receipts or other funds belonging to or payable to any
8 contestant or for which any contestant is competing or of any
9 manager's share of, if it should appear that such contestant is
10 not competing honestly or is intentionally not competing to the
11 best of his ability and skill, or if it should appear that the
12 contestant, his manager or any of his seconds has violated any
13 provision of this act or the rules and regulations promulgated
14 under this act.
15 (b) Escrow.--The commission shall have the power to order
16 that the gross receipts shall be withheld and placed in escrow
17 if it should appear that the act has been violated.
18 Section 521. Hearing regarding withheld purse.
19 (a) Delivery to commission.--Any purse, or portion thereof,
20 so withheld shall be delivered by the promoter to the commission
21 within 48 hours after the end of the contest.
22 (b) Request for hearing.--Within ten days after the end of
23 the contest, the licensee from whom the sum was withheld shall
24 have the right to apply in writing to the commission for a
25 hearing. Upon receipt of such application, the commission shall
26 fix a date for a hearing.
27 Section 522. Hearing, disposition of withheld purse.
28 (a) General rule.--Within a reasonable time after the
29 hearing or after the expiration of ten days following the
30 contest, if no application for a hearing is filed, the
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1 commission shall determine the disposition to be made of the
2 withheld purse.
3 (b) Withholding.--If the commission finds the charge or
4 charges upon which the withholding order was based to be true
5 and to be sufficient lawful reason upon which to base such an
6 order, it may, in its discretion, declare the funds withheld, or
7 any part thereof, forfeited.
8 (c) Distribution.--If the commission finds the charge or
9 charges to be untrue or not to be sufficient lawful reason upon
10 which to base a withholding order, it shall distribute the
11 withheld funds to the persons entitled thereto.
12 Section 523. Payments regulated.
13 (a) General rule.--No promoter or foreign copromoter shall
14 pay, lend or give any money to a contestant before any boxing
15 contest as an advance against his purse or for a similar
16 purpose. A promoter may, with the prior written permission of
17 the commission, pay or advance to a contestant necessary
18 expenses for transportation and maintenance in preparation for a
19 contest.
20 (b) Forfeiture of purse.--If a contestant's purse is
21 forfeited, the commission may include such payments or advances
22 as part of the forfeiture, and, if he does not forward such
23 amount to the department, it may be recovered in the same manner
24 as a debt due the Commonwealth.
25 Section 524. Insurance.
26 The commission may, by rules and regulations, require
27 licensed boxers to be covered by insurance for:
28 (1) Medical, surgical and hospital care resulting from
29 injuries sustained while preparing for or engaged in boxing
30 contests or exhibitions with the insured being the
19890H1197B2263 - 20 -
1 beneficiary of such policies.
2 (2) Life, providing for payments to the estates or
3 beneficiaries of deceased boxers where death was caused by
4 injuries received while preparing for or engaged in boxing
5 contests or exhibitions.
6 The premiums for such insurance shall be paid by the insured's
7 manager.
8 CHAPTER 7
9 SAFETY REGULATIONS
10 Section 701. Mandatory eight count.
11 Whenever a boxer is knocked down, the boxer shall be required
12 to take a count of eight. The referee shall not permit the
13 contest or exhibition to be resumed until the count of eight has
14 actually been reached, except in professional championship
15 boxing contests and exhibitions.
16 Section 702. Knockout.
17 When a boxer is actually knocked out, the referee shall count
18 to ten, and shall not stop the count earlier and record a
19 technical knockout.
20 Section 703. Physician at knockout.
21 When a boxer has been knocked out, no one shall touch him,
22 except to remove his mouth protector, until after the attending
23 physician has entered the ring and issued such instructions as
24 he deems necessary.
25 Section 704. Ring padding.
26 All ring padding shall be subject to approval of the
27 commission. All padding shall be of soft felt, foam rubber or
28 similar material and shall be at least two inches thick.
29 Section 705. Boxer knocked unconscious.
30 A boxer who has been knocked unconscious or who has received
19890H1197B2263 - 21 -
1 a concussion shall not be allowed to box again for 90 days, and
2 then only after having been pronounced fit after a thorough
3 physical examination by a physician.
4 Section 706. Boxer repeatedly knocked out.
5 A boxer who has been knocked out or severely beaten shall be
6 retired and not permitted to box again if, after subjecting him
7 to a thorough examination by a physician, the commission decides
8 such action is necessary in order to protect the health and
9 welfare of the boxer.
10 Section 707. Six consecutive defeats.
11 A boxer who has suffered six consecutive defeats shall be
12 investigated by the commission and examined by a physician.
13 CHAPTER 9
14 LICENSES AND PERMITS
15 Section 901. Power of commission to issue, withhold, suspend or
16 revoke licenses and permits.
17 The commission is hereby granted sole control, authority and
18 jurisdiction to issue, withhold, suspend or revoke any license
19 or permit provided for in this act.
20 Section 902. Promoters' licenses.
21 No promoter shall, either directly or indirectly, conduct,
22 hold or promote any professional boxing contest or exhibition
23 unless he has first procured a promoter's license from the
24 commission. A violation of this section may subject the promoter
25 to suspension of not less than 30 days or revocation of his
26 license at the discretion of the commission pursuant to section
27 1504.
28 Section 903. Representative managers' licenses.
29 (a) General rule.--Before acting as such, every
30 representative manager shall procure a manager's license. He
19890H1197B2263 - 22 -
1 shall file with the department the name of each boxer whom he
2 represents, together with a written consent from each such boxer
3 and his manager authorizing him to transact business for such
4 manager or boxer or to act as or for the manager of such boxer.
5 (b) Presumption.--Every person other than the manager of a
6 professional boxer who performs any of the acts usually
7 performed by the manager or who aids, assists or substitutes for
8 the manager or who uses a licensed manager to conceal his own
9 actions as a manager shall be considered a representative
10 manager.
11 (c) Penalty.--A violation of this section may subject the
12 manager to suspension of not less than 30 days or revocation of
13 his license at the discretion of the commission pursuant to
14 section 1504.
15 Section 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 boxing contest or exhibition held within this
20 Commonwealth unless he has first been granted a permit therefor
21 by the commission. No promoter shall be associated with any
22 foreign copromoter in promoting any contest or exhibition unless
23 the 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 act and the rules and regulations promulgated
26 under this act.
27 (b) Penalty.--A violation of this section may subject the
28 promoter and/or foreign copromoter to suspension of not less
29 than 30 days or revocation of his license or permit at the
30 discretion of the commission pursuant to section 1504.
19890H1197B2263 - 23 -
1 Section 905. Other licenses required.
2 (a) Other licenses.--No professional boxer, manager, second,
3 trainer, matchmaker, timekeeper, referee, judge, announcer,
4 physician, booking agent or agency or representative of a
5 booking agent or agency shall directly or indirectly act in such
6 capacity in connection with any professional boxing contest or
7 exhibition unless he has first procured a license to act in such
8 a capacity from the commission.
9 (b) Penalty.--A violation of this section may subject the
10 boxer, manager, seconds, trainer, matchmaker, timekeeper,
11 referee, judge, announcer, physician, booking agent or agency or
12 representative of a booking agent or agency to suspension of not
13 less than 30 days or revocation of their licenses at the
14 discretion of the commission pursuant to section 1504.
15 Section 906. Permits required.
16 In addition to the promoter's license, each promoter shall be
17 required to procure a permit for each program of contests or
18 exhibitions before presenting that program. Each application for
19 a permit shall specify the premises where and time when the
20 program is to be held.
21 Section 907. Permits for amateurs.
22 (a) Permit required.--Except as otherwise provided in this
23 act, no amateur boxing contest or exhibition shall be held
24 without a permit having been first secured from the department.
25 (b) Eligibility.--Permits for amateur boxing contests or
26 exhibitions shall be issued only to bona fide recognized amateur
27 athletic associations, nonprofit organizations or other groups
28 or individuals approved by the commission.
29 (c) Miscellaneous.--Permits under this section may be issued
30 for a single contest or exhibition, a series of contests or
19890H1197B2263 - 24 -
1 exhibitions, or for a period not exceeding one year. The
2 commission may issue amateur permits without charging any fee or
3 for a fee of $5 per permit.
4 Section 908. Restrictions.
5 No officer, director, stockholder or employee of a licensed
6 promoter shall have any other interest in any professional boxer
7 or professional contests or exhibitions except as a matchmaker.
8 Section 909. Permits not to be issued.
9 No permit shall be issued for the holding of any boxing
10 contest or exhibition within any political subdivision of this
11 Commonwealth which has adopted, or which adopts, any local
12 ordinance or resolution prohibiting such contests or exhibitions
13 within its limits.
14 Section 910. Standards for the issuance of licenses and
15 permits.
16 (a) Consideration.--In determining whether to issue or renew
17 any license or permit, the commission shall consider the best
18 interest and welfare of the public, the preservation of the
19 safety and health of participants and the best interests of
20 boxing generally.
21 (b) Prerequisites.--Before being granted any permit or
22 license, the applicant must establish that the applicant is:
23 (1) Of a good moral character.
24 (2) Of good reputation.
25 (3) Physically fit and mentally sound.
26 (4) Skilled in his profession.
27 (5) Of requisite age and experience.
28 (6) Not addicted to the intemperate use of alcohol or to
29 the use of narcotic drugs.
30 In the case of a corporate applicant, these factors shall be
19890H1197B2263 - 25 -
1 considered with reference to its officers, directors, employees
2 and principal stockholders.
3 Section 911. Duration of license.
4 Each license issued under this act shall expire on December
5 31 next following the date on which it was issued.
6 Section 912. Applications for licenses and permits.
7 Every application for a license or a permit shall:
8 (1) Be in writing on a form supplied by the commission.
9 (2) Be verified by the applicant.
10 (3) Set forth such information and have attached thereto
11 such photographs and other exhibits as are required by this
12 act, the rules and regulations promulgated under this act,
13 and the form of application.
14 Section 913. Oral examinations.
15 The commission shall have the right to require any applicant
16 for a license or permit, or in the case of a corporate
17 applicant, any officer, director, employee or stockholder
18 thereof, to appear before the commission for an oral
19 examination, under oath, as to qualifications of the applicant
20 before taking actions on that application.
21 Section 914. License fees.
22 The annual license fees which shall accompany each
23 application for a license or the renewal of a license shall be
24 fixed by commission regulation.
25 Section 915. Permit fees.
26 (a) General rule.--The required fees, based upon the seating
27 capacity of the premises where the program is to be presented,
28 shall accompany each application for a permit to present a
29 program of contests or exhibitions. The amount of the fee shall
30 be fixed by commission regulation.
19890H1197B2263 - 26 -
1 (b) Foreign copromoter permit.--The fee for the issuance of
2 a foreign copromoter's permit for each program of contests or
3 exhibitions shall be fixed by commission regulation.
4 Section 916. Additional license fees; penalties.
5 (a) Gross receipts fees.--In addition to the payment of any
6 other fees and moneys due under this act, every promoter shall
7 pay an additional license fee of 5% of the total gross receipts
8 of any boxing contest or exhibition, exclusive of any Federal
9 tax or any tax imposed by any political subdivision of this
10 Commonwealth which was paid thereon. For the purposes of this
11 section, total gross receipts of every promoter upon which the
12 5% is to be computed shall include the gross price chargeable
13 for the sale, lease or other exploitation of broadcasting,
14 television and motion picture rights of such contest or
15 exhibition without any deductions whatsoever for commissions,
16 brokerage fees, distribution fees, advertising or other expenses
17 or charges in respect thereto. Gross receipts, for the purposes
18 of this section, shall also include the face value of all
19 tickets sold and complimentary tickets issued.
20 (b) Time period for payment.--The payment of the additional
21 license fee provided for in this section shall be made within 48
22 hours after the contest or exhibition and shall be accompanied
23 by a form prescribed by the Department of Revenue setting forth
24 the gross receipts received from the contest or exhibition,
25 together with such other information as the Department of
26 Revenue may require.
27 (c) Collection of fee.--The additional license fee provided
28 for in this section shall be collected by the department and
29 transmitted to the Department of Revenue, together with the
30 reports filed therewith.
19890H1197B2263 - 27 -
1 (d) Penalties.--
2 (1) Any promoter who willfully makes a false and
3 fraudulent report under this section commits perjury, and
4 shall, upon conviction, be subject to punishment as provided
5 by law. Such penalty shall be in addition to any other
6 penalties imposed by this act.
7 (2) Any promoter who willfully fails, neglects or
8 refuses to make a report, or to pay the license fees as
9 herein prescribed, or who refuses to permit the department to
10 examine the books, papers and records of any promotion
11 commits a misdemeanor of the third degree and may be subject
12 to suspension or loss of his license at the discretion of the
13 commission.
14 CHAPTER 11
15 CONTRACTS, ADVERTISING, TICKETS AND SPECTATORS
16 Section 1101. Commission control of contracts.
17 The commission, with the approval of the department, is
18 required to promulgate rules and regulations governing the form
19 and content of all contracts entered into between or among
20 promoters and foreign copromoters and professional boxers and
21 managers and all contracts between managers and professional
22 boxers. All contracts required under the provisions of this act
23 shall be in writing.
24 Section 1102. Contracts subject to law.
25 Every contract subject to the provisions of this chapter
26 shall contain the following clause:
27 This agreement is subject to the provisions of this act
28 and to the rules and regulations of the Department of
29 State, and to any future amendments of either of them.
30 Section 1103. Provisions in contracts between managers and
19890H1197B2263 - 28 -
1 professional boxers.
2 (a) General provisions.--Every contract between a manager
3 and a professional boxer shall contain provisions governing its
4 duration, division of the boxer's purses and the minimum sum to
5 be guaranteed annually to the boxer by the manager.
6 (b) Termination of contract.--Each contract shall further
7 provide that the contract shall be automatically terminated if
8 the license of either party is revoked by the commission or if
9 the manager fails to renew his license within 30 days after its
10 expiration. If the license of either party is suspended, the
11 contract shall not be binding upon the other party during the
12 period of such suspension.
13 Section 1104. Approval of contracts.
14 No contract between a manager and a professional boxer shall
15 be legally valid and binding until both parties to the contract
16 have appeared before the commission and have received its
17 approval which shall be endorsed on the contract.
18 Section 1105. Tickets.
19 (a) Scheduled date and price.--Every ticket of admission to
20 a boxing contest or exhibition shall clearly show on its face
21 the scheduled date of the contest or exhibition and its purchase
22 price, including any taxes thereon.
23 (b) Price limitation.--No ticket shall be sold by any
24 promoter or foreign copromoter for more than the price printed
25 thereon.
26 (c) Anti-scalping provision.--No other person shall sell any
27 ticket for more than 50¢ in excess of the price printed on the
28 ticket. No licensee under this act shall directly or indirectly
29 receive any part of any excess price.
30 (d) Numbering of tickets.--Tickets in each price range shall
19890H1197B2263 - 29 -
1 be consecutively numbered, and the number of each ticket shall
2 be clearly printed on both the stub and main portion of the
3 ticket.
4 (e) Schedule of tickets.--A schedule of the numbers of all
5 tickets in each price range shall be furnished to the
6 department.
7 Section 1106. Misdemeanor to destroy tickets.
8 Except upon receipt of prior written authorization from the
9 department, it shall be a misdemeanor of the second degree for
10 any promoter or person associated with or employed by any
11 promoter to destroy any ticket or ticket stub, whether sold or
12 unsold, within six months after the date of any contest or
13 exhibition.
14 Section 1107. Ticket refunds.
15 (a) Full refund.--Upon postponement or cancellation of the
16 main event or the entire program of contests or exhibitions, the
17 promoter shall refund the full purchase price of each ticket to
18 any person who presents such ticket for a refund within 30 days
19 after the scheduled date of the event. Within 10 days after the
20 expiration of this 30-day period, the promoter shall pay all
21 unclaimed ticket receipts to the department. The department
22 shall hold these funds for a period of one year for the purpose
23 of making additional refunds. Thereafter, the department shall
24 pay all remaining moneys from such ticket sale to the State
25 Treasurer for deposit into the General Fund, without escheat.
26 (b) Forfeiture of security.--Failure of any promoter or
27 foreign copromoter to comply with the provisions of subsection
28 (a) shall be sufficient cause to warrant a forfeiture of his
29 bond, or other security, and an imposition of a penalty or
30 suspension or revocation of his license by the department as
19890H1197B2263 - 30 -
1 provided in this act.
2 (c) Pro rata refunds.--From the fund produced by the
3 forfeiture, pro rata refunds shall be made by the department to
4 persons who purchased tickets, in accordance with the provisions
5 of subsection (a).
6 Section 1108. Advertising matter to state admission price.
7 Each showcard, bill, poster, newspaper or any other
8 advertisement of any contest or exhibition shall contain a
9 schedule of admission prices and a conspicuous statement of
10 whether a contest or exhibition is being presented. Failure to
11 comply with the provisions of this section shall constitute
12 grounds for the suspension or revocation of the promoter's
13 license.
14 Section 1109. Admissions not to exceed seating capacity.
15 It shall be a misdemeanor of the third degree for any
16 promoter to admit to any contest or exhibition more persons than
17 there are seats in the place where the contest or exhibition is
18 being held.
19 Section 1110. Age of spectators.
20 No minor 16 years of age or under shall be permitted to
21 attend any boxing contest or exhibition unless accompanied by an
22 adult.
23 CHAPTER 13
24 BONDS
25 Section 1301. Promoters and foreign copromoters required to
26 file bonds.
27 (a) General rule.--Before any license or renewal of a
28 license is issued to a promoter and before any permit is issued
29 to a foreign copromoter, he shall be required to execute and
30 file a surety bond with the department in such reasonable
19890H1197B2263 - 31 -
1 amount, but not less than $3,000, as the department shall
2 determine.
3 (b) Form of bond.--All such bonds shall be upon forms
4 supplied by the department, which shall have first adopted them
5 with the approval of the Office of Attorney General.
6 (c) Approval of sureties.--The sufficiency of the sureties
7 shall be subject to approval of the department and the Office of
8 Attorney General.
9 (d) Conditions.--The surety bond shall be conditioned upon
10 the faithful performance by the promoter or foreign copromoter
11 of his obligations under this act and the rules and regulations
12 promulgated pursuant hereto, including, but not limited to, the
13 fulfillment of his contractual obligations to contestants,
14 managers and other licensees, and the payment of all license and
15 permit fees provided for in this act. The aggregate annual
16 liability of the surety for all obligations and fees shall in no
17 event exceed the amount of the bond.
18 Section 1302. Deposit in lieu of surety bond.
19 In lieu of the surety bond required by section 1101, the
20 promoter may deposit with the department cash, a certified
21 check, or direct obligations of the United States or the
22 Commonwealth of Pennsylvania acceptable to the department, in an
23 equivalent amount and subject to the same conditions. Such
24 security shall not be returned to the promoter until one year
25 after the date on which it was deposited with the department,
26 unless a surety bond is substituted for the security. After the
27 expiration of one year from the date on which the security was
28 deposited, if no claim against the deposit is outstanding, it
29 shall be returned to the depositor.
30 Section 1303. Filing fee.
19890H1197B2263 - 32 -
1 A filing fee fixed by the department shall accompany each
2 bond filed or cash or security deposited in lieu of the bond
3 under the provisions of this act.
4 Section 1304. Recovery on bond.
5 Recovery may be had on such bond or against such deposit of
6 cash or security in the same manner as penalties are recoverable
7 at law.
8 Section 1305. Application and fees.
9 (a) Fee.--An application for a permit or license shall be
10 accompanied by a nonrefundable application fee in an amount
11 established by the commission by regulation, which fee shall be
12 subject to review in accordance with the act of June 25, 1982
13 (P.L.633, No.181), known as the Regulatory Review Act. If the <--
14 revenues generated by fees, fines and civil penalties imposed in
15 accordance with the provisions of this act are not sufficient to
16 match expenditures over a two-year period, the commission shall
17 increase those fees by regulation, subject to review in
18 accordance with the Regulatory Review Act, such that the
19 projected revenues will meet or exceed projected expenditures.
20 If the department determines that fees and/or fines established
21 by the commission are inadequate to meet the minimum enforcement
22 efforts required by this act, then the department, after
23 consultation with the commission, shall increase the fees and/or
24 fines by regulations, subject to review in accordance with the
25 Regulatory Review Act, such that adequate revenues are raised to
26 meet the minimum enforcement efforts required under this act. IF <--
27 THE REVENUES GENERATED BY FEES, FINES AND CIVIL PENALTIES
28 IMPOSED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT ARE NOT
29 SUFFICIENT TO MATCH EXPENDITURES OVER A TWO-YEAR PERIOD, THE
30 COMMISSION SHALL INCREASE THOSE FEES BY REGULATION, SUBJECT TO
19890H1197B2263 - 33 -
1 REVIEW IN ACCORDANCE WITH THE REGULATORY REVIEW ACT, SUCH THAT
2 THE PROJECTED REVENUES WILL MEET OR EXCEED PROJECTED
3 EXPENDITURES. IF THE DEPARTMENT DETERMINES THAT FEES AND/OR
4 FINES ESTABLISHED BY THE COMMISSION ARE INADEQUATE TO MEET THE
5 MINIMUM ENFORCEMENT EFFORTS REQUIRED BY THIS ACT, THEN THE
6 DEPARTMENT, AFTER CONSULTATION WITH THE COMMISSION, SHALL
7 INCREASE THE FEES AND/OR FINES BY REGULATIONS, SUBJECT TO REVIEW
8 IN ACCORDANCE WITH THE REGULATORY REVIEW ACT, SUCH THAT ADEQUATE
9 REVENUES ARE RAISED TO MEET THE MINIMUM ENFORCEMENT EFFORTS
10 REQUIRED UNDER THIS ACT.
11 (b) Affidavit.--Each application shall be accompanied by an
12 affidavit or affirmation of the applicant as to its verity.
13 (c) Disposition and use of fees.--Fees shall be collected by <--
14 the commission and shall be paid into the Athletic Commission
15 Augmentation Account.
16 (C) DISPOSITION AND USE OF FEES.--FEES SHALL BE COLLECTED BY <--
17 THE COMMISSION AND SHALL BE PAID INTO THE ATHLETIC COMMISSION
18 AUGMENTATION ACCOUNT.
19 CHAPTER 15
20 HEARINGS AND TEMPORARY SUSPENSIONS
21 Section 1501. Commission hearings.
22 The commission shall conduct all hearings under the
23 provisions of Title 2 of the Pennsylvania Consolidated Statutes
24 (relating to administrative law and procedure), and must conduct
25 a hearing within ten business days from the time any
26 recommendation is made by the executive director that a permit
27 or license be suspended or revoked.
28 Section 1502. Subpoenas.
29 The commission may issue subpoenas in connection with the
30 investigations, requiring the attendance and testimony of or the
19890H1197B2263 - 34 -
1 production of books and papers by any licensee or other person
2 whom the commission believes to have information, books or
3 papers of importance to it in making the investigation.
4 Section 1503. Temporary suspension of licenses or permits.
5 (a) General rule.--The commission shall have the power, upon
6 its own motion or upon the verified written complaint of any
7 person charging a licensee or permittee with violating any
8 provision of this act or the rules and regulations promulgated
9 under this act, to suspend temporarily any license or permit
10 until final determination by the commission, when such action is
11 necessary to protect the public welfare and the best interests
12 of boxing.
13 (b) Meetings.--Upon the request of the secretary and the <--
14 oral or written agreement of two members of the commission, the
15 commission may conduct meetings under subsection (a) by voice or
16 video electronic means, if the subject matter of the meeting is
17 so compelling or timely that considering the matter at the
18 commission's next regular meeting would render any decision
19 moot, adversely affect the rights of the aggrieved parties under
20 this act or threaten the safety or physical health of
21 participants. A stenographic record of such meetings shall be
22 made and maintained by the commission and be made available to
23 the parties upon request. The subject matter of any such meeting
24 shall then become the first item on the commission's agenda for
25 its next regularly scheduled meeting.
26 (c) Hearing date.--The commission shall hold a hearing
27 within ten business days after the date on which the license or
28 permit was suspended temporarily, at which time reasonable
29 efforts shall be made for the affected parties and the
30 commission to be physically present.
19890H1197B2263 - 35 -
1 Section 1504. Suspension or revocation of licenses.
2 (a) General rule.--The commission shall have the power to
3 suspend or revoke a license or permit in any case where the
4 commission finds that the licensee or permittee:
5 (1) Is guilty of gross immorality.
6 (2) Is unfit or incompetent by reason of negligence or
7 habits.
8 (3) Is guilty of violating any provision of this act or
9 of the rules and regulations of the department.
10 (4) Has committed fraud or deceit in securing his or
11 another's license or permit.
12 (5) Has been convicted of, or pleaded guilty or entered
13 a plea of nolo contendere to, or has been found guilty by a
14 judge or jury of, a crime in any jurisdiction within ten days
15 preceding the suspension or revocation.
16 (6) Is an habitual drunkard, or is addicted to the use
17 of morphine, cocaine or other drugs having a similar effect.
18 (7) Is or has become mentally incompetent.
19 (8) Has been guilty of unprofessional or unethical
20 conduct, or such conduct as to require a suspension or
21 revocation in the public interest.
22 (9) Has made a misstatement of a material fact or
23 fraudulently concealed a material fact, or has induced, aided
24 or abetted any other person in misstating or concealing any
25 material fact in any application or other proceeding under
26 this act.
27 (10) Has failed to account for or pay over moneys
28 belonging to others which have come into his possession in
29 connection with a boxing contest or exhibition.
30 (11) Has failed to furnish to the proper party a copy of
19890H1197B2263 - 36 -
1 any contract or statement required by this act or the rules
2 and regulations promulgated under this act, or has breached
3 such a contract.
4 (12) Has paid or agreed to pay any money or article of
5 value to any person not having a license or a permit for
6 soliciting or for business secured or for rendering of any
7 service or the doing of any of the acts forbidden by this act
8 and the rules and regulations promulgated under this act.
9 (13) Has loaned his license or permit to another person
10 or has borrowed or used the license or permit of another.
11 (14) Is guilty of any form of pretense which might
12 induce the public or citizens to become a prey to
13 professional exploitation.
14 (15) Has employed a person who has not been issued a
15 license or permit when so required by law.
16 (16) Has failed to maintain in force the bond required
17 by this act or has failed to deposit with the department the
18 required cash, check or securities required in lieu of the
19 bond.
20 (17) Has by act or omission conducted himself in a
21 manner detrimental to the best interests of boxing generally
22 or to the public interest and general welfare.
23 (18) Is associating or consorting with criminals,
24 bookmakers, gamblers or persons of similar ill repute, or
25 with persons of no known or visible means of livelihood, or
26 is himself engaged or engaging in similar pursuits or
27 conduct.
28 (19) Has been disciplined in any manner by the
29 department or similar agency or body of any jurisdiction.
30 (20) Has failed to pay a fine or any part thereof
19890H1197B2263 - 37 -
1 imposed by this act.
2 (b) Hearings.--Any licensee or permittee whose license or
3 permit is suspended or revoked pursuant to the provisions of
4 this section shall have a right to a hearing before the
5 commission within ten business days after the date on which the
6 license or permit was suspended or revoked.
7 CHAPTER 17
8 PENALTIES
9 Section 1701. Misdemeanors.
10 Any person convicted of any misdemeanor under Chapters 1
11 through 19 of this act shall be sentenced to pay a fine of not
12 more than $5,000, or to imprisonment, for not more than three
13 years, or both.
14 Section 1702. Fines.
15 The commission shall have the right to impose a fine of not
16 more than $5,000 for any violation of Chapters 1 through 19 of
17 this act or the rules and regulations promulgated under Chapters
18 1 through 19 of this act, or in addition to any other punishment
19 herein provided for such violation. Any licensee or permittee
20 upon whom a fine is imposed under this section shall have a
21 right to a hearing before the commission within ten days after
22 the date on which the fine was imposed.
23 CHAPTER 19
24 FINANCIAL INTERESTS
25 Section 1901. Financial interest in boxer prohibited.
26 No licensed physician, referee, judge or promoter shall have
27 any direct or indirect financial or pecuniary interest in any
28 boxer. A violation of this section shall constitute a
29 misdemeanor of the third degree.
30 Section 1902. Financial interest in opponent prohibited.
19890H1197B2263 - 38 -
1 No manager, trainer or second of any boxer shall have any
2 direct or indirect financial or pecuniary interest in the
3 opponent in any contest in which his own boxer participates. No
4 boxer shall have any direct or indirect financial or pecuniary
5 interest in his opponent in any contest. A violation of this
6 section shall constitute a misdemeanor.
7 Section 1903. Financial interest of matchmaker.
8 No matchmaker or promoter shall have any direct or indirect
9 financial or pecuniary interest in any boxer who is engaging in
10 a contest arranged by that matchmaker or promoter. A violation
11 of this section shall constitute a misdemeanor.
12 Section 1904. Fees, fines and forfeitures.
13 All fees, fines, forfeitures and other moneys collected under
14 the provisions of this act and the rules and regulations
15 promulgated under this act shall be collected by the commission
16 and transmitted to the Department of Revenue.
17 Section 1905. Rules and regulations.
18 The commission is hereby granted the power to promulgate
19 rules and regulations governing the presentation of professional
20 boxing and all matters pertaining thereto. Such rules and
21 regulations shall include those rules and regulations
22 specifically required by this act, together with such others as
23 the commission shall consider necessary in order to carry out
24 the provisions of this act.
25 CHAPTER 21
26 PROHIBITED COMPETITIONS
27 Section 2101. Prohibited competitions.
28 (a) Offense defined.--A person commits a misdemeanor of the
29 first degree if he promotes, sponsors or participates in any
30 manner in the staging of, or the conduct of, any tough guy
19890H1197B2263 - 39 -
1 contest or battle of the brawlers or in any similar competition.
2 (b) Application of section.--
3 (1) This section shall not apply to the news media,
4 including, but not limited to, television, radio, newspapers
5 and periodicals for their reporting activities relating to
6 tough guy contests or battles of the brawlers.
7 (2) This section shall not apply to amateur or
8 professional contests or exhibitions for which a permit has
9 been issued under Chapter 7 nor to professional wrestling
10 exhibitions, nor to contests staged in connection with
11 athletic training programs nor to amateur or professional
12 contests of the martial arts nor to any collegiate or
13 scholastic boxing, wrestling or martial arts contests.
14 (c) Definition.--As used in this section, the term "tough
15 guy contest" or "battle of the brawlers" means any competition
16 which involves any physical contact bout between two or more
17 individuals, who attempt to knock out their opponent by
18 employing boxing, wrestling, martial arts tactics or any
19 combination thereof and by using techniques, including, but not
20 limited to, punches, kicks and choking.
21 CHAPTER 31
22 MISCELLANEOUS PROVISIONS
23 Section 3101. Repeals.
24 (a) Specific repeals.--The following acts and parts of acts
25 are repealed:
26 (1) Sections 427 and 2503 of the act of April 9, 1929
27 (P.L.177, No.175), known as The Administrative Code of 1929.
28 (2) Act of August 31, 1955 (P.L.531, No.131), known as
29 the Pennsylvania Athletic Code.
30 (b) Partial repeals.--Sections 202 and 207.1(d) of the act
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1 of April 9, 1929 (P.L.177, No.175), known as The Administrative
2 Code of 1929, are repealed insofar as they relate to the State
3 Athletic Commission.
4 Section 3102. Status of existing licenses.
5 All licenses and permits issued pursuant to any act repealed
6 by this act, except with respect to professional and amateur
7 wrestling, shall continue with the same force and effect as if
8 such act had not been repealed, subject, however, to the power
9 of the department, as provided in this act, to suspend or revoke
10 the license or permit of any such person for any of the causes
11 or reasons set forth in this act and subject to the power of the
12 commission to require any such person to obtain a license or
13 permit pursuant to this act.
14 Section 3103. Effect of prior rules and regulations.
15 All rules and regulations made pursuant to any act repealed
16 by this act, except with respect to professional and amateur
17 wrestling, shall continue in full force and effect.
18 Section 3104. Saving clause.
19 The provisions of this act, so far as they are the same as
20 those of existing law, except with respect to professional and
21 amateur wrestling, are intended to be a continuation of such
22 existing law and not as new enactments. The provisions of this
23 act shall not affect any act done, liability incurred, right
24 accrued or vested or suit or prosecution pending as of the
25 effective date of this act, or any action to enforce any right
26 or penalty or punish any offense under authority of such
27 repealed laws.
28 Section 3105. Reestablishment of commission.
29 This act, with respect to the State Athletic Commission,
30 constitutes the legislation required to reestablish an agency
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1 under the act of December 22, 1981 (P.L.508, No.142), known as
2 the Sunset Act.
3 Section 3106. Athletic Commission Augmentation Account. <--
4 Beginning July 1, 1989 and thereafter, all funds collected by
5 the commission shall be paid into the Athletic Commission
6 Augmentation Account which is hereby created and which shall be
7 a special restricted receipts account within the General Fund.
8 This account shall be used only for the support and operation of
9 the commission unless a surplus arises after two consecutive
10 years, at which time the secretary shall transfer any amount in
11 excess of the commission's budget into the General Fund.
12 Section 3107 3106. Appropriation. <--
13 The sum of $350,000, or as much thereof as may be necessary,
14 is hereby appropriated from the Professional Licensure
15 Augmentation Account to the State Athletic Commission for the
16 payment of costs of processing permits, licenses and renewals,
17 for the operation of the commission and for other general costs
18 of the commission's operations relating to this act. The
19 appropriation granted shall be repaid by the commission within
20 three years of the beginning of issuance of licenses and permits
21 under this act.
22 SECTION 3106. ATHLETIC COMMISSION AUGMENTATION ACCOUNT. <--
23 BEGINNING JULY 1, 1989 AND THEREAFTER, ALL FUNDS COLLECTED BY
24 THE COMMISSION SHALL BE PAID INTO THE ATHLETIC COMMISSION
25 AUGMENTATION ACCOUNT WHICH IS HEREBY CREATED AND WHICH SHALL BE
26 A SPECIAL RESTRICTED RECEIPTS ACCOUNT WITHIN THE GENERAL FUND.
27 THIS ACCOUNT SHALL BE USED ONLY FOR THE SUPPORT AND OPERATION OF
28 THE COMMISSION UNLESS A SURPLUS ARISES AFTER TWO CONSECUTIVE
29 YEARS, AT WHICH TIME THE SECRETARY SHALL TRANSFER ANY AMOUNT IN
30 EXCESS OF THE COMMISSION'S BUDGET INTO THE GENERAL FUND.
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1 SECTION 3107. APPROPRIATION.
2 THE SUM OF $350,000, OR AS MUCH THEREOF AS MAY BE NECESSARY,
3 IS HEREBY APPROPRIATED FROM THE PROFESSIONAL LICENSURE
4 AUGMENTATION ACCOUNT TO THE STATE ATHLETIC COMMISSION FOR THE
5 PAYMENT OF COSTS OF PROCESSING PERMITS, LICENSES AND RENEWALS,
6 FOR THE OPERATION OF THE COMMISSION AND FOR OTHER GENERAL COSTS
7 OF THE COMMISSION'S OPERATIONS RELATING TO THIS ACT. THE
8 APPROPRIATION GRANTED SHALL BE REPAID BY THE COMMISSION WITHIN
9 THREE YEARS OF THE BEGINNING OF ISSUANCE OF LICENSES AND PERMITS
10 UNDER THIS ACT.
11 Section 3108 3107 3108. Joint State Government Commission. <--
12 The Joint State Government Commission shall establish a task
13 force to conduct a study on boxing in this Commonwealth AND <--
14 SHALL COMMUNICATE ITS FINDINGS AND RECOMMENDATIONS TO THE
15 GENERAL ASSEMBLY, THE GOVERNOR AND THE COMMISSION ON OR BEFORE
16 APRIL 1, 1990.
17 Section 3109 3108 3109. Retroactivity. <--
18 Section 3105 of this act shall be retroactive to December 31,
19 1988.
20 Section 3110 3109 3110. Effective date. <--
21 This act shall take effect immediately.
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