HOUSE AMENDED
PRIOR PRINTER'S NO. 1115 PRINTER'S NO. 2595
No. 970 Session of 1989
INTRODUCED BY RHOADES, MAY 23, 1989
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 1990
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.
1 AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED <--
2 "AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE
3 EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE
4 EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE
5 DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,
6 INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR
7 TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR
8 AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE
9 DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND
10 DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE
11 OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,
12 BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
13 GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
14 AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
15 CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
16 OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
17 AND COMMISSIONS; AND PRESCRIBING THE MANNER IN WHICH THE
18 NUMBER AND COMPENSATION OF THE DEPUTIES AND ALL OTHER
19 ASSISTANTS AND EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND
20 COMMISSIONS SHALL BE DETERMINED," PROVIDING FOR MENTAL HEALTH
21 OR MENTAL RETARDATION FACILITIES.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Short title. <--
25 This act shall be known and may be cited as the Professional
26 Wrestling Act.
27 Section 2. Definitions.
28 The following words and phrases when used in this act shall
29 have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
31 "Department." The Department of State of the Commonwealth.
32 "Promoter." Any person, and in the case of a corporation, an
33 officer, director, employee or shareholder thereof, who
34 produces, arranges or stages any professional wrestling
35 exhibition.
36 "Wrestling exhibition." An engagement in which the
37 participants display their skills in a struggle against each
38 other in the ring, with or without the use of substances and
39 objects, without necessarily striving to win, provided that
40 contests prohibited by section 223 of the act of August 31, 1955
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1 (P.L.531, No.131), known as the Pennsylvania Athletic Code,
2 shall not be considered exhibitions.
3 Section 3. Promoter's license.
4 (a) Requirement.--No promoter shall conduct, hold or promote
5 any wrestling exhibition unless the promoter has first obtained
6 a promoter's license from the department. A promoter licensed on
7 December 31, 1987 under the act of August 31, 1955 (P.L.531,
8 No.131), known as the Pennsylvania Athletic Code, shall be
9 deemed licensed under this act. A promoter's license shall be
10 issued by the department upon the filing by an applicant of the
11 following:
12 (1) A license fee of $100.
13 (2) A notarized copy of a surety bond for the first
14 planned exhibition, as required under section 4.
15 (3) An application form stating the name, address, phone
16 number, taxpayer identification number and the nature of the
17 entity applying for the license.
18 (b) Renewal.--A promoter's license shall be renewed annually
19 upon payment of a license fee of $100 to the Athletic Commission
20 Augmentation Account.
21 (c) Reports.--Before the scheduled date of any professional
22 wrestling exhibition, the promoter of the exhibition shall
23 notify the Secretary of the Commonwealth in writing of the date,
24 time and location of such event.
25 (d) Suspension.--Upon conviction and satisfaction or
26 execution of sentence of a promoter for any violation of this
27 act, the department shall suspend such promoter's license for a
28 period as follows:
29 (1) for 30 days; or
30 (2) for an offense committed within 12 months after
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1 conviction of a prior offense, 90 days.
2 (e) Revocation.--Upon conviction and satisfaction or
3 execution of sentence of a promoter for a violation of this act
4 committed within 12 months after conviction for a violation as
5 defined by subsection (d)(ii), the department shall revoke such
6 promoter's license. The license shall not be reissued prior to
7 the expiration of one year from the effective date of
8 revocation.
9 Section 4. Promoter's bonding requirements.
10 (a) General rule.--Before the scheduled date of any
11 professional wrestling exhibition, the promoter of the
12 exhibition shall be required to execute a surety bond with the
13 entity operating the arena or other facility in a reasonable
14 amount, but not less than $10,000, as the parties shall agree.
15 (b) Conditions of bond.--The surety bond shall be
16 conditioned upon the faithful performance by the promoter of his
17 obligations under this act and the contract with the entity in
18 charge of the arena or other facility.
19 Section 5. Admissions gross receipts tax.
20 (a) Imposition of tax.--In addition to any Federal tax or
21 tax imposed by any political subdivision of the Commonwealth to
22 be paid on gross receipts, every promoter shall pay a State tax
23 of 5% of the total gross receipts of any wrestling exhibition.
24 (b) Payment of tax.--The tax payment shall be made to the
25 department within 72 hours after the exhibition. The payment
26 shall be accompanied by a form prescribed by the department
27 setting forth the gross receipts received from the exhibition,
28 together with such other information the department may require.
29 All of the moneys received by the Commonwealth for payment of
30 the gross receipts tax enumerated in this section are hereby
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1 appropriated to the department to be placed in the Athletic
2 Commission Augmentation Account.
3 (c) Computation.--As used in this section, the total gross
4 receipts of every promoter upon which the 5% tax is to be
5 charged or to be computed shall include only the face value of
6 all the tickets sold.
7 Section 6. Physician to be in attendance.
8 The promoter and the operator of the arena or facility shall
9 be responsible to employ a physician from a list approved by the
10 Department of Health to be present at every wrestling
11 exhibition. The physician shall observe the physical condition
12 of the participants throughout the exhibition and shall be
13 authorized to terminate an exhibition when, in his judgment,
14 severe injury would result if the exhibition were to continue.
15 The physician's fee shall be paid by the promoter of the
16 exhibition.
17 Section 7. Ambulance available.
18 The promoter and the operator of the arena or facility shall
19 be responsible to have an ambulance or paramedical unit present
20 at the arena in case a serious injury were to occur. Where the
21 ambulance or paramedical unit is located within five miles of
22 the arena and that unit has been notified to be on call by the
23 promoter, the unit need not be present at the arena.
24 Section 8. Crowd control.
25 The promoter and the operator of the arena or facility shall
26 be responsible for ensuring that adequate security personnel are
27 in attendance at the wrestling exhibition to control fans in
28 attendance. The size of the security force is at the discretion
29 of the promoter and the owner or operator of the arena or
30 facility, as they shall agree.
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1 Section 9. Offenses.
2 (a) Arena owners or operators.--It shall be unlawful for an
3 owner or operator of an arena, hall or other facility at which a
4 professional wrestling exhibition takes place to destroy any
5 ticket or ticket stub, whether sold or unsold, within three
6 months after the date of any exhibition.
7 (b) Wrestlers.--It shall be unlawful for any wrestler to
8 deliberately cut or otherwise mutilate himself while
9 participating in a wrestling exhibition.
10 (c) Promoter.--It shall be unlawful for any promoter to:
11 (1) conduct any professional wrestling exhibition
12 without satisfying the bond requirements specified in section
13 4; or
14 (2) employ as a participant in a wrestling exhibition
15 any individual who is under 18 years of age.
16 Section 10. Enforcement.
17 (a) General rule.--The police chief of any municipal police
18 department, the troop commander of any Pennsylvania State Police
19 troop or the Attorney General or his designee may assign an on-
20 duty police officer, detective or investigator under his
21 jurisdiction to be present at any professional wrestling
22 exhibition within his respective jurisdiction. The police
23 officer, detective or investigator, upon display of a written
24 order of assignment, shall be admitted by the promoter without
25 fee or hindrance and shall monitor compliance with this act. The
26 attending police officer, detective or investigator shall then
27 be responsible for reporting any unlawful incident at the
28 exhibition to the department within 48 hours after the
29 exhibition.
30 (b) Municipal fee.--The promoter shall pay a fee of $100 for
19890S0970B2595 - 6 -
1 each wrestling exhibition to the municipality to cover the costs
2 of enforcement of this act.
3 Section 11. Penalties.
4 Except for a violation of sections 3 and 10, a knowing or
5 reckless violation of any provision of this act shall be a
6 summary offense. A knowing or reckless violation of sections 3
7 and 10 shall be a misdemeanor of the third degree.
8 Section 12. Repeals.
9 The act of August 31, 1955 (P.L.531, No.131), known as the
10 Pennsylvania Athletic Code, is repealed insofar as it applies to
11 professional wrestling exhibitions.
12 Section 13. Effective date.
13 This act shall take effect immediately.
14 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
15 AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING A
16 SECTION TO READ:
17 SECTION 2403-A.1. MENTAL HEALTH OR MENTAL RETARDATION
18 FACILITIES.--(A) FOR ALL REAL PROPERTY IDENTIFIED AS SURPLUS BY
19 AN AGENCY, THE LAST PRIOR USE OF WHICH WAS AS A MENTAL HEALTH OR
20 MENTAL RETARDATION FACILITY AND UNDER THE JURISDICTION OF THE
21 DEPARTMENT OF PUBLIC WELFARE, THE DEPARTMENT SHALL DEVELOP A
22 PLAN FOR THE DISPOSITION OF SAID PROPERTY PURSUANT TO SECTION
23 2403-A.
24 (B) THE PROCEEDS OF SUCH DISPOSITION SHALL BE PAID TO THE
25 PENNSYLVANIA HOUSING FINANCE AGENCY (PHFA) TO BE HELD BY THE
26 AGENCY IN A SPECIAL FUND TO FINANCE THE PURCHASE, CONSTRUCTION
27 OR SUBSTANTIAL REHABILITATION OF COMMUNITY-BASED HOUSING FOR THE
28 MENTALLY ILL OR MENTALLY RETARDED. SUCH FINANCING MAY TAKE THE
29 FORM OF GRANTS OR LOANS, OR ANY COMBINATION THEREOF AS PHFA IN
30 ITS DISCRETION DEEMS APPROPRIATE FOR THE FINANCIAL FEASIBILITY
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1 OF EACH HOUSING PROJECT.
2 (C) PHFA SHALL WORK IN COOPERATION WITH THE DEPARTMENT OF
3 PUBLIC WELFARE IN THE SELECTION OF PROJECTS ELIGIBLE FOR
4 FINANCING. TO THE MAXIMUM EXTENT POSSIBLE, THE PROCEEDS SHALL BE
5 INVESTED IN THOSE MUNICIPALITIES WHICH COMPRISED THE POPULATION
6 CATCHMENT AREA OF THE FACILITY BEING DISPOSED OF.
7 (D) THE COSTS AND FEES INCURRED BY THE DEPARTMENT OF GENERAL
8 SERVICES, INCLUDING, BUT NOT LIMITED TO, COSTS OF TITLE
9 SEARCHES, NOTICES, SURVEYS AND APPRAISALS, SHALL BE DEDUCTED
10 FROM THE PURCHASE PRICE AND THAT AMOUNT SHALL BE AN EXECUTIVELY
11 AUTHORIZED AUGMENTATION TO THE APPROPRIATION FROM WHICH THE
12 COSTS AND FEES WERE PAID BY THE DEPARTMENT.
13 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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