PRINTER'S NO. 1115
No. 970 Session of 1989
INTRODUCED BY RHOADES, MAY 23, 1989
REFERRED TO STATE GOVERNMENT, MAY 23, 1989
AN ACT
1 Providing for the regulation of professional wrestlers and
2 promoters; imposing a tax on certain receipts; requiring the
3 posting of performance bonds; and providing penalties.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Definitions.
7 Section 3. Promoter's license.
8 Section 4. Promoter's bonding requirements.
9 Section 5. Admissions gross receipts tax.
10 Section 6. Physician to be in attendance.
11 Section 7. Ambulance available.
12 Section 8. Crowd control.
13 Section 9. Offenses.
14 Section 10. Enforcement.
15 Section 11. Penalties.
16 Section 12. Repeals.
17 Section 13. Effective date.
18 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Short title.
3 This act shall be known and may be cited as the Professional
4 Wrestling Act.
5 Section 2. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Department." The Department of State of the Commonwealth.
10 "Promoter." Any person, and in the case of a corporation, an
11 officer, director, employee or shareholder thereof, who
12 produces, arranges or stages any professional wrestling
13 exhibition.
14 "Wrestling exhibition." An engagement in which the
15 participants display their skills in a struggle against each
16 other in the ring, with or without the use of substances and
17 objects, without necessarily striving to win, provided that
18 contests prohibited by section 223 of the act of August 31, 1955
19 (P.L.531, No.131), known as the Pennsylvania Athletic Code,
20 shall not be considered exhibitions.
21 Section 3. Promoter's license.
22 (a) Requirement.--No promoter shall conduct, hold or promote
23 any wrestling exhibition unless the promoter has first obtained
24 a promoter's license from the department. A promoter licensed on
25 December 31, 1987 under the act of August 31, 1955 (P.L.531,
26 No.131), known as the Pennsylvania Athletic Code, shall be
27 deemed licensed under this act. A promoter's license shall be
28 issued by the department upon the filing by an applicant of the
29 following:
30 (1) A license fee of $100.
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1 (2) A notarized copy of a surety bond for the first
2 planned exhibition, as required under section 4.
3 (3) An application form stating the name, address, phone
4 number, taxpayer identification number and the nature of the
5 entity applying for the license.
6 (b) Renewal.--A promoter's license shall be renewed annually
7 upon payment of a license fee of $100 to the Athletic Commission
8 Augmentation Account.
9 (c) Reports.--Before the scheduled date of any professional
10 wrestling exhibition, the promoter of the exhibition shall
11 notify the Secretary of the Commonwealth in writing of the date,
12 time and location of such event.
13 (d) Suspension.--Upon conviction and satisfaction or
14 execution of sentence of a promoter for any violation of this
15 act, the department shall suspend such promoter's license for a
16 period as follows:
17 (1) for 30 days; or
18 (2) for an offense committed within 12 months after
19 conviction of a prior offense, 90 days.
20 (e) Revocation.--Upon conviction and satisfaction or
21 execution of sentence of a promoter for a violation of this act
22 committed within 12 months after conviction for a violation as
23 defined by subsection (d)(ii), the department shall revoke such
24 promoter's license. The license shall not be reissued prior to
25 the expiration of one year from the effective date of
26 revocation.
27 Section 4. Promoter's bonding requirements.
28 (a) General rule.--Before the scheduled date of any
29 professional wrestling exhibition, the promoter of the
30 exhibition shall be required to execute a surety bond with the
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1 entity operating the arena or other facility in a reasonable
2 amount, but not less than $10,000, as the parties shall agree.
3 (b) Conditions of bond.--The surety bond shall be
4 conditioned upon the faithful performance by the promoter of his
5 obligations under this act and the contract with the entity in
6 charge of the arena or other facility.
7 Section 5. Admissions gross receipts tax.
8 (a) Imposition of tax.--In addition to any Federal tax or
9 tax imposed by any political subdivision of the Commonwealth to
10 be paid on gross receipts, every promoter shall pay a State tax
11 of 5% of the total gross receipts of any wrestling exhibition.
12 (b) Payment of tax.--The tax payment shall be made to the
13 department within 72 hours after the exhibition. The payment
14 shall be accompanied by a form prescribed by the department
15 setting forth the gross receipts received from the exhibition,
16 together with such other information the department may require.
17 All of the moneys received by the Commonwealth for payment of
18 the gross receipts tax enumerated in this section are hereby
19 appropriated to the department to be placed in the Athletic
20 Commission Augmentation Account.
21 (c) Computation.--As used in this section, the total gross
22 receipts of every promoter upon which the 5% tax is to be
23 charged or to be computed shall include only the face value of
24 all the tickets sold.
25 Section 6. Physician to be in attendance.
26 The promoter and the operator of the arena or facility shall
27 be responsible to employ a physician from a list approved by the
28 Department of Health to be present at every wrestling
29 exhibition. The physician shall observe the physical condition
30 of the participants throughout the exhibition and shall be
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1 authorized to terminate an exhibition when, in his judgment,
2 severe injury would result if the exhibition were to continue.
3 The physician's fee shall be paid by the promoter of the
4 exhibition.
5 Section 7. Ambulance available.
6 The promoter and the operator of the arena or facility shall
7 be responsible to have an ambulance or paramedical unit present
8 at the arena in case a serious injury were to occur. Where the
9 ambulance or paramedical unit is located within five miles of
10 the arena and that unit has been notified to be on call by the
11 promoter, the unit need not be present at the arena.
12 Section 8. Crowd control.
13 The promoter and the operator of the arena or facility shall
14 be responsible for ensuring that adequate security personnel are
15 in attendance at the wrestling exhibition to control fans in
16 attendance. The size of the security force is at the discretion
17 of the promoter and the owner or operator of the arena or
18 facility, as they shall agree.
19 Section 9. Offenses.
20 (a) Arena owners or operators.--It shall be unlawful for an
21 owner or operator of an arena, hall or other facility at which a
22 professional wrestling exhibition takes place to destroy any
23 ticket or ticket stub, whether sold or unsold, within three
24 months after the date of any exhibition.
25 (b) Wrestlers.--It shall be unlawful for any wrestler to
26 deliberately cut or otherwise mutilate himself while
27 participating in a wrestling exhibition.
28 (c) Promoter.--It shall be unlawful for any promoter to:
29 (1) conduct any professional wrestling exhibition
30 without satisfying the bond requirements specified in section
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1 4; or
2 (2) employ as a participant in a wrestling exhibition
3 any individual who is under 18 years of age.
4 Section 10. Enforcement.
5 (a) General rule.--The police chief of any municipal police
6 department, the troop commander of any Pennsylvania State Police
7 troop or the Attorney General or his designee may assign an on-
8 duty police officer, detective or investigator under his
9 jurisdiction to be present at any professional wrestling
10 exhibition within his respective jurisdiction. The police
11 officer, detective or investigator, upon display of a written
12 order of assignment, shall be admitted by the promoter without
13 fee or hindrance and shall monitor compliance with this act. The
14 attending police officer, detective or investigator shall then
15 be responsible for reporting any unlawful incident at the
16 exhibition to the department within 48 hours after the
17 exhibition.
18 (b) Municipal fee.--The promoter shall pay a fee of $100 for
19 each wrestling exhibition to the municipality to cover the costs
20 of enforcement of this act.
21 Section 11. Penalties.
22 Except for a violation of sections 3 and 10, a knowing or
23 reckless violation of any provision of this act shall be a
24 summary offense. A knowing or reckless violation of sections 3
25 and 10 shall be a misdemeanor of the third degree.
26 Section 12. Repeals.
27 The act of August 31, 1955 (P.L.531, No.131), known as the
28 Pennsylvania Athletic Code, is repealed insofar as it applies to
29 professional wrestling exhibitions.
30 Section 13. Effective date.
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1 This act shall take effect immediately.
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