PROFESSIONAL WRESTLING ACT - REPEALED — 1989 Pa. Act 29 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 1376, 1911, 2113, PRINTER'S NO. 2359
2194, 2264, 2298
INTRODUCED BY LINTON, OLIVER AND MILLER, APRIL 17, 1989
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 30, 1989
AN ACT
1 Providing for the regulation of professional wrestlers and <--
2 promoters LICENSING OF PROMOTERS OF PROFESSIONAL WRESTLING <--
3 EXHIBITIONS; imposing a tax on certain receipts; requiring
4 the posting of performance bonds; and providing penalties.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. Promoter's license.
9 Section 4. Promoter's bonding requirements.
10 Section 5. Admissions gross receipts tax.
11 Section 6. Physician to be in attendance.
12 Section 7. Ambulance available.
13 Section 8. Crowd control.
14 Section 9. Offenses.
15 Section 10. Enforcement.
16 Section 11. Penalties.
17 Section 12. Repeals.
1 Section 13. Effective date.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Professional
6 Wrestling Act.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Commission." The State Athletic Commission. <--
12 "COMMISSION." THE STATE ATHLETIC COMMISSION. <--
13 "Department." The Department of State of the Commonwealth.
14 "Promoter." Any person, and in the case of a corporation, an
15 officer, director, employee or shareholder thereof, who
16 produces, arranges or stages any professional wrestling
17 exhibition.
18 "SECRETARY." THE SECRETARY OF THE COMMONWEALTH. <--
19 "SECRETARY." THE SECRETARY OF THE COMMONWEALTH.
20 "WRESTLING EVENT." ONE OR MORE WRESTLING EXHIBITIONS
21 CONDUCTED AT THE SAME LOCATION ON THE SAME DAY.
22 "Wrestling exhibition." An engagement in which the
23 participants display their skills in a struggle against each
24 other in the ring, with or without the use of substances and <--
25 objects ACCESSORIES, without necessarily striving to win, <--
26 provided that contests prohibited under section 223 of the act <--
27 of August 31, 1955 (P.L.531, No.131), known as the Pennsylvania
28 Athletic Code, BY LAW shall not be considered exhibitions. <--
29 Section 3. Promoter's license.
30 (a) Required.--No promoter shall conduct, hold or promote
19890H1198B2359 - 2 -
1 any wrestling exhibition unless the promoter has first obtained
2 a promoter's license from the commission. A promoter licensed on
3 December 31, 1987, under the act of August 31, 1955 (P.L.531,
4 No.131), known as the Pennsylvania Athletic Code, shall be
5 deemed licensed under this act. A promoter's license shall be
6 issued by the commission DEPARTMENT COMMISSION DEPARTMENT <--
7 COMMISSION upon the filing by an applicant of the following:
8 (1) A license fee of $100.
9 (2) A notarized copy of a surety bond for the first
10 planned exhibition, as required under section 4.
11 (3) An application form stating the name, address, phone
12 number, taxpayer identification number and the nature of the
13 entity applying for the license.
14 (b) Prohibition.--The commission DEPARTMENT COMMISSION <--
15 DEPARTMENT COMMISSION shall not issue or renew a promoter's
16 license to a person who has been convicted of or pleaded guilty
17 or nolo contendere to any of the following offenses during the
18 ten years preceding the application date:
19 (1) Bribery.
20 (2) Corrupt solicitations.
21 (3) Extortion.
22 (4) Perjury and subornation of perjury.
23 (5) Carrying deadly weapons.
24 (6) All offenses set forth in 18 Pa.C.S. Chs. 43(A), 55,
25 59 and 63.
26 (7) Bribery in athletic contests.
27 (8) Soliciting or accepting a bribe in athletic
28 contests.
29 (9) Blackmail.
30 (10) Professional theft.
19890H1198B2359 - 3 -
1 (11) Murder.
2 (12) Administering drugs.
3 (13) Rape.
4 (14) Indecent assault.
5 (15) Kidnapping.
6 (16) All offenses involving the use, sale or delivery of
7 narcotics.
8 (c) Renewal.--A promoter's license shall be renewed annually
9 upon payment of a license fee of $100 to the Athletic Commission <--
10 Augmentation Account. SECRETARY. LICENSE FEES COLLECTED BY THE <--
11 SECRETARY SHALL BE TRANSMITTED TO THE DEPARTMENT OF REVENUE ON A
12 REGULAR BASIS. ATHLETIC COMMISSION AUGMENTATION ACCOUNT. <--
13 (d) Reports.--At least 20 TEN days before the scheduled date <--
14 of any professional wrestling exhibition, the promoter of the
15 exhibition shall notify the commission DEPARTMENT COMMISSION <--
16 DEPARTMENT COMMISSION in writing of the date, time and location
17 of such event.
18 (e) Suspension.--
19 (1) Upon conviction of a promoter for any violation of <--
20 this act, the department shall suspend such promoter's
21 license for a period as follows:
22 (i) thirty days; or <--
23 (ii) for an offense committed within 12 months after
24 conviction of a prior offense, 90 days.
25 (2) The commission may suspend, for a period not longer
26 than 30 days, a promoter who violates section 3(c) or 5(b).
27 (1) FOR AN OFFENSE OTHER THAN AS PROVIDED IN PARAGRAPH <--
28 (2), 30 DAYS.
29 (2) FOR AN OFFENSE COMMITTED WITHIN 12 MONTHS AFTER
30 CONVICTION OF A PRIOR OFFENSE, 90 DAYS.
19890H1198B2359 - 4 -
1 (f) Revocation.--Upon conviction of a promoter for a
2 violation of this act committed within 12 months after
3 conviction for a violation as defined under subsection
4 (e)(1)(ii), the department shall revoke the promoter's license.
5 The license shall not be reissued prior to the expiration of one
6 year from the effective date of revocation.
7 (g) Collections.--The commission may designate an individual <--
8 to attend an event to verify and collect the amount of tax
9 receipts payable to the Commonwealth.
10 Section 4. Promoter's bonding requirements.
11 (a) General rule.--Before the scheduled date of any
12 professional wrestling exhibition, the promoter of the
13 exhibition shall be required to execute a surety bond with the
14 entity operating the arena or other facility in a reasonable
15 amount, but not less than $10,000, as the parties shall agree.
16 (b) Conditions of bond.--The surety bond shall be
17 conditioned upon the faithful performance by the promoter of his
18 obligations under this act and the contract with the entity in
19 charge of the arena or other facility.
20 Section 5. Admissions gross receipts tax.
21 (a) Imposition of tax.--In addition to any Federal tax or
22 tax imposed by any political subdivision of the Commonwealth to
23 be paid on gross receipts, every promoter shall pay a State tax
24 of 5% 3% 5% of the total gross receipts of any wrestling <--
25 exhibition.
26 (b) Payment of tax.--The tax payment shall be made to the
27 department DEPARTMENT OF REVENUE COMMISSION DEPARTMENT <--
28 COMMISSION within five days after the exhibition. The payment
29 shall be accompanied by a form prescribed by the commission <--
30 DEPARTMENT OF STATE COMMISSION DEPARTMENT COMMISSION setting <--
19890H1198B2359 - 5 -
1 forth the gross receipts received from the exhibition, together
2 with such other information the department may require. All of <--
3 the moneys received by the Commonwealth for payment of the gross
4 receipts tax enumerated in this section are hereby appropriated
5 to the commission to be placed in the Athletic Commission
6 Augmentation Account. ALL OF THE MONEYS RECEIVED BY THE <--
7 COMMONWEALTH FOR PAYMENT OF THE GROSS RECEIPTS TAX ENUMERATED IN
8 THIS SECTION ARE HEREBY APPROPRIATED TO THE COMMISSION TO BE
9 PLACED IN THE ATHLETIC COMMISSION AUGMENTATION ACCOUNT.
10 (c) Computation.--As used in this section, the total gross
11 receipts of every promoter upon which the 5% tax TAX LEVIED IN <--
12 SUBSECTION (A) is to be charged or to be computed shall include
13 only the face value of all the tickets sold.
14 Section 6. Physician to be in attendance.
15 The promoter and the operator of the arena or facility shall
16 be responsible to employ a physician from a list approved by the
17 Department of Health to be present at every wrestling
18 exhibition. The physician shall observe the physical condition
19 of the participants throughout the exhibition and shall be
20 authorized to terminate an exhibition when, in his judgment,
21 severe injury would result if the exhibition were to continue.
22 The physician's fee shall be paid by the promoter of the
23 exhibition.
24 Section 7. Ambulance available.
25 The promoter and the operator of the arena or facility shall
26 be responsible to have an ambulance or paramedical unit present
27 at the arena in case a serious injury were to occur. Where the
28 ambulance or paramedical unit is located within five miles of
29 the arena and that unit has been notified to be on call by the
30 promoter, the unit need not be present at the arena.
19890H1198B2359 - 6 -
1 Section 8. Crowd control.
2 The promoter and the operator of the arena or facility shall
3 be responsible for ensuring that adequate security personnel are
4 in attendance at the wrestling exhibition to control fans in
5 attendance. The size of the security force is at the discretion
6 of the promoter and the owner or operator of the arena or
7 facility, as they shall agree.
8 Section 9. Offenses.
9 (a) Arena owners or operators.--It shall be unlawful for an
10 owner or operator of an arena, hall or other facility at which a
11 professional wrestling exhibition takes place to destroy any
12 ticket or ticket stub, whether sold or unsold, within three
13 months after the date of any exhibition.
14 (b) Wrestlers.--It shall be unlawful for any wrestler to
15 deliberately cut or otherwise mutilate himself while
16 participating in a wrestling exhibition.
17 (c) Promoter.--It shall be unlawful for any promoter to:
18 (1) conduct any professional wrestling exhibition
19 without satisfying the bond requirements specified in section
20 4; and
21 (2) employ as a participant in a wrestling exhibition
22 any individual who is under 18 years of age.
23 Section 10. Enforcement.
24 (a) General rule.--The police chief of any municipal police
25 department, the troop commander of any Pennsylvania State Police
26 troop or the Attorney General or his designee may assign an on-
27 duty police officer, detective or investigator under his
28 jurisdiction to be present at any professional wrestling
29 exhibition within his respective jurisdiction. The police
30 officer, detective or investigator, upon display of a written
19890H1198B2359 - 7 -
1 order of assignment, shall be admitted by the promoter without
2 fee or hindrance and shall monitor compliance with this act. The
3 attending police officer, detective or investigator shall then
4 be responsible for reporting any unlawful incident at the
5 exhibition EVENT to the department within 48 hours after the <--
6 exhibition EVENT. <--
7 (b) Municipal fee.--The promoter shall pay a fee of $100 for
8 each wrestling exhibition EVENT to the municipality to cover the <--
9 costs of enforcement of this act.
10 Section 11. Penalties.
11 Except for a violation of section 3 or 10, a knowing or
12 reckless violation of any provision of this act shall be a
13 summary offense. A knowing or reckless violation of section 3 or
14 10 shall be a misdemeanor of the third degree.
15 Section 12. Repeals.
16 The act of August 31, 1955 (P.L.531, No.131), known as the
17 Pennsylvania Athletic Code, is repealed insofar as it applies to
18 professional wrestling exhibitions.
19 SECTION 13. APPROPRIATION. <--
20 THE SUM OF $25,000, OR AS MUCH THEREOF AS MAY BE NECESSARY,
21 IS HEREBY APPROPRIATED TO THE DEPARTMENT OF STATE TO CARRY OUT
22 THE PROVISIONS OF THIS ACT.
23 Section 13 14 13. Effective date. <--
24 This act shall take effect immediately.
C14L04RDG/19890H1198B2359 - 8 -