HOUSE AMENDED
PRIOR PRINTER'S NOS. 1115, 2595 PRINTER'S NO. 2618
No. 970 Session of 1989
INTRODUCED BY RHOADES, MAY 23, 1989
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 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 AUTHORIZING THE STATE ARMORY BOARD OF THE DEPARTMENT OF MILITARY <--
23 AFFAIRS AND THE DEPARTMENT OF GENERAL SERVICES WITH THE
24 APPROVAL OF THE GOVERNOR, TO SELL AND CONVEY A TRACT OF LAND,
25 TOGETHER WITH THE BUILDING AND STRUCTURES THERETO, IN THE
26 CITY OF CHESTER, DELAWARE COUNTY, PENNSYLVANIA.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. Short title. <--
30 This act shall be known and may be cited as the Professional
31 Wrestling Act.
32 Section 2. Definitions.
33 The following words and phrases when used in this act shall
34 have the meanings given to them in this section unless the
35 context clearly indicates otherwise:
36 "Department." The Department of State of the Commonwealth.
37 "Promoter." Any person, and in the case of a corporation, an
38 officer, director, employee or shareholder thereof, who
39 produces, arranges or stages any professional wrestling
40 exhibition.
41 "Wrestling exhibition." An engagement in which the
42 participants display their skills in a struggle against each
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1 other in the ring, with or without the use of substances and
2 objects, without necessarily striving to win, provided that
3 contests prohibited by section 223 of the act of August 31, 1955
4 (P.L.531, No.131), known as the Pennsylvania Athletic Code,
5 shall not be considered exhibitions.
6 Section 3. Promoter's license.
7 (a) Requirement.--No promoter shall conduct, hold or promote
8 any wrestling exhibition unless the promoter has first obtained
9 a promoter's license from the department. A promoter licensed on
10 December 31, 1987 under the act of August 31, 1955 (P.L.531,
11 No.131), known as the Pennsylvania Athletic Code, shall be
12 deemed licensed under this act. A promoter's license shall be
13 issued by the department upon the filing by an applicant of the
14 following:
15 (1) A license fee of $100.
16 (2) A notarized copy of a surety bond for the first
17 planned exhibition, as required under section 4.
18 (3) An application form stating the name, address, phone
19 number, taxpayer identification number and the nature of the
20 entity applying for the license.
21 (b) Renewal.--A promoter's license shall be renewed annually
22 upon payment of a license fee of $100 to the Athletic Commission
23 Augmentation Account.
24 (c) Reports.--Before the scheduled date of any professional
25 wrestling exhibition, the promoter of the exhibition shall
26 notify the Secretary of the Commonwealth in writing of the date,
27 time and location of such event.
28 (d) Suspension.--Upon conviction and satisfaction or
29 execution of sentence of a promoter for any violation of this
30 act, the department shall suspend such promoter's license for a
19890S0970B2618 - 3 -
1 period as follows:
2 (1) for 30 days; or
3 (2) for an offense committed within 12 months after
4 conviction of a prior offense, 90 days.
5 (e) Revocation.--Upon conviction and satisfaction or
6 execution of sentence of a promoter for a violation of this act
7 committed within 12 months after conviction for a violation as
8 defined by subsection (d)(ii), the department shall revoke such
9 promoter's license. The license shall not be reissued prior to
10 the expiration of one year from the effective date of
11 revocation.
12 Section 4. Promoter's bonding requirements.
13 (a) General rule.--Before the scheduled date of any
14 professional wrestling exhibition, the promoter of the
15 exhibition shall be required to execute a surety bond with the
16 entity operating the arena or other facility in a reasonable
17 amount, but not less than $10,000, as the parties shall agree.
18 (b) Conditions of bond.--The surety bond shall be
19 conditioned upon the faithful performance by the promoter of his
20 obligations under this act and the contract with the entity in
21 charge of the arena or other facility.
22 Section 5. Admissions gross receipts tax.
23 (a) Imposition of tax.--In addition to any Federal tax or
24 tax imposed by any political subdivision of the Commonwealth to
25 be paid on gross receipts, every promoter shall pay a State tax
26 of 5% of the total gross receipts of any wrestling exhibition.
27 (b) Payment of tax.--The tax payment shall be made to the
28 department within 72 hours after the exhibition. The payment
29 shall be accompanied by a form prescribed by the department
30 setting forth the gross receipts received from the exhibition,
19890S0970B2618 - 4 -
1 together with such other information the department may require.
2 All of the moneys received by the Commonwealth for payment of
3 the gross receipts tax enumerated in this section are hereby
4 appropriated to the department to be placed in the Athletic
5 Commission Augmentation Account.
6 (c) Computation.--As used in this section, the total gross
7 receipts of every promoter upon which the 5% tax is to be
8 charged or to be computed shall include only the face value of
9 all the tickets sold.
10 Section 6. Physician to be in attendance.
11 The promoter and the operator of the arena or facility shall
12 be responsible to employ a physician from a list approved by the
13 Department of Health to be present at every wrestling
14 exhibition. The physician shall observe the physical condition
15 of the participants throughout the exhibition and shall be
16 authorized to terminate an exhibition when, in his judgment,
17 severe injury would result if the exhibition were to continue.
18 The physician's fee shall be paid by the promoter of the
19 exhibition.
20 Section 7. Ambulance available.
21 The promoter and the operator of the arena or facility shall
22 be responsible to have an ambulance or paramedical unit present
23 at the arena in case a serious injury were to occur. Where the
24 ambulance or paramedical unit is located within five miles of
25 the arena and that unit has been notified to be on call by the
26 promoter, the unit need not be present at the arena.
27 Section 8. Crowd control.
28 The promoter and the operator of the arena or facility shall
29 be responsible for ensuring that adequate security personnel are
30 in attendance at the wrestling exhibition to control fans in
19890S0970B2618 - 5 -
1 attendance. The size of the security force is at the discretion
2 of the promoter and the owner or operator of the arena or
3 facility, as they shall agree.
4 Section 9. Offenses.
5 (a) Arena owners or operators.--It shall be unlawful for an
6 owner or operator of an arena, hall or other facility at which a
7 professional wrestling exhibition takes place to destroy any
8 ticket or ticket stub, whether sold or unsold, within three
9 months after the date of any exhibition.
10 (b) Wrestlers.--It shall be unlawful for any wrestler to
11 deliberately cut or otherwise mutilate himself while
12 participating in a wrestling exhibition.
13 (c) Promoter.--It shall be unlawful for any promoter to:
14 (1) conduct any professional wrestling exhibition
15 without satisfying the bond requirements specified in section
16 4; or
17 (2) employ as a participant in a wrestling exhibition
18 any individual who is under 18 years of age.
19 Section 10. Enforcement.
20 (a) General rule.--The police chief of any municipal police
21 department, the troop commander of any Pennsylvania State Police
22 troop or the Attorney General or his designee may assign an on-
23 duty police officer, detective or investigator under his
24 jurisdiction to be present at any professional wrestling
25 exhibition within his respective jurisdiction. The police
26 officer, detective or investigator, upon display of a written
27 order of assignment, shall be admitted by the promoter without
28 fee or hindrance and shall monitor compliance with this act. The
29 attending police officer, detective or investigator shall then
30 be responsible for reporting any unlawful incident at the
19890S0970B2618 - 6 -
1 exhibition to the department within 48 hours after the
2 exhibition.
3 (b) Municipal fee.--The promoter shall pay a fee of $100 for
4 each wrestling exhibition to the municipality to cover the costs
5 of enforcement of this act.
6 Section 11. Penalties.
7 Except for a violation of sections 3 and 10, a knowing or
8 reckless violation of any provision of this act shall be a
9 summary offense. A knowing or reckless violation of sections 3
10 and 10 shall be a misdemeanor of the third degree.
11 Section 12. Repeals.
12 The act of August 31, 1955 (P.L.531, No.131), known as the
13 Pennsylvania Athletic Code, is repealed insofar as it applies to
14 professional wrestling exhibitions.
15 Section 13. Effective date.
16 This act shall take effect immediately.
17 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
18 AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING A
19 SECTION TO READ:
20 SECTION 2403-A.1. MENTAL HEALTH OR MENTAL RETARDATION
21 FACILITIES.--(A) FOR ALL REAL PROPERTY IDENTIFIED AS SURPLUS BY
22 AN AGENCY, THE LAST PRIOR USE OF WHICH WAS AS A MENTAL HEALTH OR
23 MENTAL RETARDATION FACILITY AND UNDER THE JURISDICTION OF THE
24 DEPARTMENT OF PUBLIC WELFARE, THE DEPARTMENT SHALL DEVELOP A
25 PLAN FOR THE DISPOSITION OF SAID PROPERTY PURSUANT TO SECTION
26 2403-A.
27 (B) THE PROCEEDS OF SUCH DISPOSITION SHALL BE PAID TO THE
28 PENNSYLVANIA HOUSING FINANCE AGENCY (PHFA) TO BE HELD BY THE
29 AGENCY IN A SPECIAL FUND TO FINANCE THE PURCHASE, CONSTRUCTION
30 OR SUBSTANTIAL REHABILITATION OF COMMUNITY-BASED HOUSING FOR THE
19890S0970B2618 - 7 -
1 MENTALLY ILL OR MENTALLY RETARDED. SUCH FINANCING MAY TAKE THE
2 FORM OF GRANTS OR LOANS, OR ANY COMBINATION THEREOF AS PHFA IN
3 ITS DISCRETION DEEMS APPROPRIATE FOR THE FINANCIAL FEASIBILITY
4 OF EACH HOUSING PROJECT.
5 (C) PHFA SHALL WORK IN COOPERATION WITH THE DEPARTMENT OF
6 PUBLIC WELFARE IN THE SELECTION OF PROJECTS ELIGIBLE FOR
7 FINANCING. TO THE MAXIMUM EXTENT POSSIBLE, THE PROCEEDS SHALL BE
8 INVESTED IN THOSE MUNICIPALITIES WHICH COMPRISED THE POPULATION
9 CATCHMENT AREA OF THE FACILITY BEING DISPOSED OF.
10 (D) THE COSTS AND FEES INCURRED BY THE DEPARTMENT OF GENERAL
11 SERVICES, INCLUDING, BUT NOT LIMITED TO, COSTS OF TITLE
12 SEARCHES, NOTICES, SURVEYS AND APPRAISALS, SHALL BE DEDUCTED
13 FROM THE PURCHASE PRICE AND THAT AMOUNT SHALL BE AN EXECUTIVELY
14 AUTHORIZED AUGMENTATION TO THE APPROPRIATION FROM WHICH THE
15 COSTS AND FEES WERE PAID BY THE DEPARTMENT.
16 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
17 SECTION 1. THE STATE ARMORY BOARD OF THE DEPARTMENT OF <--
18 MILITARY AFFAIRS HAVING DETERMINED IN ACCORDANCE WITH 51 PA.C.S.
19 § 1507 (RELATING TO SALE OF UNUSABLE ARMORIES AND LAND), THAT
20 CHESTER ARMORY AND THE REAL ESTATE TO WHICH IT IS APPURTENANT
21 ARE NO LONGER SUITABLE FOR MILITARY SERVICES DUE TO CHANGES IN
22 THE NEEDS OF THE MILITARY SERVICE, IT AND THE DEPARTMENT OF
23 GENERAL SERVICES WITH THE APPROVAL OF THE GOVERNOR, ARE HEREBY
24 AUTHORIZED TO SELL AND CONVEY, BY GENERAL WARRANTY DEED, ACTING
25 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, FOR A
26 CONSIDERATION OF $82,500, WHICH CONSIDERATION IS HEREBY
27 DETERMINED TO BE THE FAIR MARKET VALUE OF THE REAL ESTATE AND
28 STRUCTURES HEREINAFTER DESCRIBED, TO THE HIGHEST RESPONSIBLE
29 BIDDER, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, TITLE AND
30 INTEREST OF THE COMMONWEALTH IN A TRACT OF LAND, AND THE ARMORY
19890S0970B2618 - 8 -
1 BUILDING KNOWN AS CHESTER ARMORY, APPURTENANT THERETO, IN THE
2 CITY OF CHESTER, DELAWARE COUNTY, COMMONWEALTH OF PENNSYLVANIA,
3 CONTAINING APPROXIMATELY 16,000 SQUARE FEET WITH AN ARMORY
4 BUILDING THEREON ERECTED, MORE PARTICULARLY DESCRIBED AS
5 FOLLOWS:
6 ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATED IN THE CITY
7 OF CHESTER AFORESAID, DESCRIBED ACCORDING TO A SURVEY THEREOF
8 MADE BY B. G. LADOMUS, CITY ENGINEER, ON THE THIRTEENTH DAY OF
9 NOVEMBER A.D. 1906, AS FOLLOWS, TO WIT:
10 SITUATE ON THE SOUTHWEST CORNER OF EIGHTH STREET (SIXTY FEET
11 WIDE) AND MARKET STREET (FIFTY FEET WIDE) CONTAINING IN FRONT OR
12 BREADTH ON THE SAID EIGHTH STREET ONE HUNDRED AND SIXTY (160)
13 FEET AND EXTENDING OF THAT WIDTH IN LENGTH OR DEPTH SOUTHWARD
14 BETWEEN LINES AT RIGHT ANGLES TO THE SAID EIGHTH STREET, AND
15 ALONG THE WEST SIDE OF SAID MARKET STREET ONE HUNDRED (100) FEET
16 TO A CERTAIN TWENTY (20) FEET WIDE ALLEY LEADING EASTWARD INTO
17 THE SAID MARKET STREET (THE SMALLER PART OF THE LOT OF GROUND)
18 ABOVE DESCRIBED (BEING PART OF A LARGE LOT OR PIECE OF GROUND)
19 WHICH JOHN D. LEAR BY INDENTURE DATED THE FOURTH DAY OF
20 SEPTEMBER A.D. 1906 AND RECORDED IN THE OFFICE FOR RECORDING OF
21 DEEDS IN AND FOR THE COUNTY OF DELAWARE AFORESAID IN DEED BOOK
22 L. NO. 12 PAGE 52400 GRANTED AND CONVEYED UNTO THE SAID J. IRVIN
23 TAYLOR IN FEE. SUBJECT TO THE PAYMENT OF A CERTAIN MORTGAGE FOR
24 TWO THOUSAND DOLLARS THEREIN MENTIONED WHICH HAS SINCE BEEN
25 FULLY PAID OFF AND SATISFIED OF INDENTURE DATED THE TWENTY-
26 EIGHTH DAY OF DECEMBER A.D. 1906 AND INTENDED TO BE FORTHWITH
27 RECORDED, GRANTED AND CONVEYED UNTO THE SAID J. IRVIN TAYLOR IN
28 FEE TOGETHER WITH THE RIGHT AND USE OF SAID ALLEY IN COMMON WITH
29 THE OWNERS OF OTHER LANDS ABUTTING THEREON.
30 THE ABOVE DESCRIBED TRACT BEING THE WHOLE, OR PART OF, THE
19890S0970B2618 - 9 -
1 SITE OF CHESTER ARMORY.
2 BEING THE SAME PREMISES WHICH THE COMMONWEALTH OF
3 PENNSYLVANIA, ACTING BY AND THROUGH THE DEPARTMENT OF PROPERTY
4 AND SUPPLIES, BY ITS DEED BEARING DATE MARCH 16, 1907, AND
5 RECORDED IN THE OFFICE FOR RECORDING OF DEEDS IN AND FOR
6 DELAWARE COUNTY, PENNSYLVANIA IN DEED BOOK P NO. 12, PAGE 270,
7 GRANTED CONVEYED AND CONFIRMED UNTO THE GENERAL STATE AUTHORITY
8 (FIRST PARTY HERETO), ITS SUCCESSORS AND ASSIGNS.
9 THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT, NEVERTHELESS,
10 TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING,
11 BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY
12 TELEPHONE, TELEGRAPH, WATER, ELECTRIC, GAS OR PIPELINE
13 COMPANIES, AS WELL AS UNDER AND SUBJECT, NEVERTHELESS, TO ANY
14 ESTATE OR TENANCIES VESTED IN THIRD PERSONS, WHETHER OR NOT
15 APPEARING OF RECORD, FOR ANY PORTION OF THE SAID LAND OR
16 IMPROVEMENTS ERECTED THEREON.
17 THE CONVEYANCE SHALL ALSO BE MADE UNDER AND SUBJECT TO ANY
18 RESERVATIONS SET FORTH IN THE AFOREMENTIONED DEEDS TO THE
19 COMMONWEALTH OF PENNSYLVANIA.
20 SECTION 2. THE DEED OF CONVEYANCE SHALL BE APPROVED AS
21 PROVIDED BY LAW AND SHALL BE EXECUTED BY THE ADJUTANT GENERAL
22 FOR THE STATE ARMORY BOARD OF THE DEPARTMENT OF MILITARY AFFAIRS
23 AND THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
24 COMMONWEALTH OF PENNSYLVANIA.
25 SECTION 3. ALL MONEYS RECEIVED FROM THE SALE OF THE LAND AND
26 ARMORY HEREIN AUTHORIZED TO BE CONVEYED SHALL BE DEPOSITED IN
27 THE STATE TREASURY ARMORY FUND.
28 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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