HOUSE AMENDED
PRIOR PRINTER'S NOS. 1116, 1296, 1829 PRINTER'S NO. 1951
No. 971 Session of 1989
INTRODUCED BY RHOADES, MAY 23, 1989
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 13, 1990
AN ACT
1 Reestablishing a State Athletic Commission; establishing 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; and creating an Athletic
10 Commission Augmentation Account.
11 TABLE OF CONTENTS
12 Chapter 1. Preliminary Provisions
13 Section 101. Short title.
14 Section 102. Definitions.
15 Section 103. Act not to apply to schools.
16 Chapter 3. State Athletic Commission
17 Section 301. Commissioners.
18 Section 302. Duties of commission.
19 Section 303. Appointment and qualifications of Executive
20 Director.
1 Section 304. Powers and duties of director.
2 Section 305. Medical Advisory Board.
3 Chapter 5. Regulations of Boxing Contests and Exhibitions
4 Section 501. Boxing regulated.
5 Section 502. Age of participants.
6 Section 503. Fictitious names.
7 Section 504. Physician to be in attendance.
8 Section 505. Medical training seminars.
9 Section 506. Register.
10 Section 507. Medical equipment.
11 Section 508. Suspension.
12 Section 509. Examinations.
13 Section 510. Weights and classes.
14 Section 511. Limitation on difference in weights.
15 Section 512. Gloves.
16 Section 513. Duration of boxing bouts; length of rounds.
17 Section 514. Attendance of referee and judges; scoring.
18 Section 515. Seconds.
19 Section 516. Duty of disclosure.
20 Section 517. Sham or collusive contest prohibited.
21 Section 518. Minimum purses for boxers.
22 Section 519. Distribution of purses to boxers; statements.
23 Section 520. Withholding of moneys.
24 Section 521. Hearing regarding withheld purse.
25 Section 522. Hearing, disposition of withheld purse.
26 Section 523. Payments regulated.
27 Section 524. Insurance.
28 Chapter 7. Safety Regulations
29 Section 701. Mandatory eight count.
30 Section 702. Knockout.
19890S0971B1951 - 2 -
1 Section 703. Physician at knockout.
2 Section 704. Ring padding.
3 Section 705. Boxer knocked unconscious.
4 Section 706. Boxer repeatedly knocked out.
5 Section 707. Six consecutive defeats.
6 Chapter 9. Licenses and Permits
7 Section 901. Power of commission to issue, withhold,
8 suspend or revoke licenses and permits.
9 Section 902. Promoters' licenses.
10 Section 903. Representative managers' licenses.
11 Section 904. Foreign copromoters to procure permits.
12 Section 905. Other licenses required.
13 Section 906. Permits required.
14 Section 907. Permits for amateurs.
15 Section 908. Restrictions.
16 Section 909. Permits not to be issued.
17 Section 910. Standards for the issuance of licenses and
18 permits.
19 Section 911. Duration of license.
20 Section 912. Applications for licenses and permits.
21 Section 913. Oral examinations.
22 Section 914. License fees.
23 Section 915. Permit fees.
24 Section 916. Additional license fees; penalties.
25 Chapter 11. Contracts, Advertising, Tickets and Spectators
26 Section 1101. Commission control of contracts.
27 Section 1102. Contracts subject to law.
28 Section 1103. Provisions in contracts between managers and
29 professional boxers.
30 Section 1104. Approval of contracts.
19890S0971B1951 - 3 -
1 Section 1105. Tickets.
2 Section 1106. Misdemeanor to destroy tickets.
3 Section 1107. Ticket refunds.
4 Section 1108. Advertising matter to state admission price.
5 Section 1109. Admissions not to exceed seating capacity.
6 Section 1110. Age of spectators.
7 Chapter 13. Bonds, Applications and Fees
8 Section 1301. Promoters and foreign copromoters required to
9 file bonds.
10 Section 1302. Deposit in lieu of surety bond.
11 Section 1303. Filing fee.
12 Section 1304. Recovery on bond.
13 Section 1305. Application and fees.
14 Chapter 15. Hearings and Temporary Suspensions
15 Section 1501. Commission hearings.
16 Section 1502. Subpoenas.
17 Section 1503. Temporary suspension of licenses or permits.
18 Section 1504. Suspension or revocation of licenses.
19 Chapter 17. Penalties
20 Section 1701. Misdemeanors.
21 Section 1702. Fines.
22 Chapter 19. Financial Interests
23 Section 1901. Financial interest in boxer prohibited.
24 Section 1902. Financial interest in opponent prohibited.
25 Section 1903. Financial interest of matchmaker.
26 Section 1904. Rules and regulations.
27 Chapter 21. Prohibited Competitions
28 Section 2101. Prohibited competitions.
29 Chapter 31. Miscellaneous Provisions
30 Section 3101. Repeals.
19890S0971B1951 - 4 -
1 Section 3102. Transfer of functions, records, etc.
2 Section 3103. Status of existing licenses.
3 Section 3104. Effect of prior rules and regulations.
4 Section 3105. Saving clause.
5 Section 3106. Athletic Commission Augmentation Account.
6 Section 3107. Appropriation.
7 Section 3108. Reestablishment of commission.
8 Section 3109. Retroactivity.
9 Section 3110. Effective date.
10 AMENDING THE ACT OF JULY 1, 1989 (P.L.136, NO.28), ENTITLED "AN <--
11 ACT REESTABLISHING THE STATE ATHLETIC COMMISSION; PROVIDING
12 FOR AN EXECUTIVE DIRECTOR AND A MEDICAL ADVISORY BOARD;
13 PERMITTING AND REGULATING BOXING CONTESTS AND EXHIBITIONS;
14 REQUIRING LICENSES AND PERMITS; PROVIDING FOR THE GRANTING,
15 SUSPENSION AND REVOCATION OF LICENSES AND PERMITS ISSUED BY
16 THE STATE ATHLETIC COMMISSION; PRESERVING THE RIGHTS OF
17 EXISTING LICENSEES AND PERMITTEES; PRESCRIBING PENALTIES,
18 FINES, FORFEITURES AND MISDEMEANORS; REQUIRING BONDS AND
19 INSURANCE; PROVIDING FOR RULES AND REGULATIONS; IMPOSING A
20 TAX ON CERTAIN RECEIPTS; ESTABLISHING A RESTRICTED REVENUE
21 ACCOUNT FOR RECEIPTS; AND MAKING AN APPROPRIATION," FURTHER
22 PROVIDING FOR THE STATE ATHLETIC COMMISSION AND ITS DUTIES; <--
23 AND FURTHER PROVIDING FOR THE MEDICAL ADVISORY BOARD.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 CHAPTER 1 <--
27 PRELIMINARY PROVISIONS
28 Section 101. Short title.
29 This act shall be known and may be cited as the Athletic
30 Code.
19890S0971B1951 - 5 -
1 Section 102. Definitions.
2 The following words and phrases when used in Chapters 1
3 through 17 of this act shall have the meanings given to them in
4 this section unless the context clearly indicates otherwise:
5 "Amateur." A person who has never received nor competed for
6 any purse or other article of value, either for participating in
7 any boxing contest or exhibition, or for the expenses of
8 training therefor other than a prize which does not exceed $50
9 in value.
10 "Boxing." The act of attack and defense with the fists,
11 practiced as a sport, subject to rules adopted by the
12 commission. The term includes all variations of the sport
13 permitting or using other parts of the human body, including,
14 but not limited to, the foot, knee, leg, elbow or head.
15 "Commission." The State Athletic Commission.
16 "Contest." An engagement in which the boxers strive
17 earnestly in good faith to win.
18 "Department." The Department of State of the Commonwealth.
19 "Executive Director." The Executive Director of the State
20 Athletic Commission.
21 "Exhibition." An engagement in which the boxers show or
22 display their skill without necessarily striving to win.
23 "Foreign copromoter." A promoter who has no place of
24 business within this Commonwealth.
25 "Judge." A person, other than a referee, who has a vote in
26 determining the winner of any boxing contest.
27 "Manager." A person who, directly or indirectly, controls or
28 administers the affairs of any boxer.
29 "Matchmaker." A person who brings together professional
30 boxers or arranges professional boxing contests or exhibitions.
19890S0971B1951 - 6 -
1 "Participant." A boxer who takes part in a boxing contest or
2 exhibition.
3 "Physician." An individual licensed to practice medicine and
4 surgery or osteopathy or osteopathic surgery in this
5 Commonwealth.
6 "Professional." A person who has received or competed for,
7 or is receiving or competing for, any purse or other article of
8 value, other than a prize which does not exceed $50 in value,
9 either for participating in any boxing contest or exhibition or
10 for the expenses of training therefor.
11 "Promoter." Any person, and in the case of a corporate
12 promoter, any officer, director, employee or stockholder
13 thereof, who produces, arranges or stages any professional
14 boxing contest or exhibition.
15 "Purse." The financial guarantee or any other remuneration,
16 or part thereof, for which professional boxers are participating
17 in a contest or exhibition. The term includes the participant's
18 share of any payment received for radio broadcasting, television
19 and motion picture rights.
20 "Secretary." The Secretary of the Department of State.
21 Section 103. Act not to apply to schools.
22 No provision of this act nor any rule or regulation
23 promulgated hereunder shall apply to any boxing contest or
24 exhibition conducted or sponsored by any university, college,
25 secondary school or group of universities, colleges or secondary
26 schools or the Department of Corrections when all the
27 participants are students regularly enrolled in such
28 institutions or inmates confined within a State or county
29 correctional facility.
30 CHAPTER 3
19890S0971B1951 - 7 -
1 STATE ATHLETIC COMMISSION
2 Section 301. State Athletic Commissioners.
3 (a) General rule.--The commission shall be comprised of
4 three members appointed by the Governor with the advice and
5 consent of a majority of the members elected to the Senate, one
6 of whom shall be a medical doctor or doctor of osteopathy
7 licensed to practice in the Commonwealth, with experience in
8 sports medicine. The Governor shall appoint a member to act as
9 chairman.
10 (b) Term.--Each appointment shall be for a term of two
11 years. The terms of the members of the commission appointed
12 prior to the effective date of this act shall terminate on the
13 effective date of this act. Any commissioner so terminated shall
14 continue to hold office until his successor shall be appointed
15 pursuant to subsection (a).
16 (c) Compensation.--The commissioners shall receive a per
17 diem salary, the amount of which shall be established by the
18 secretary. The commissioners shall also be entitled to
19 reimbursement for travel and other necessary expenses incurred
20 as a direct result of their duties as members of the commission.
21 The expenses incurred by the commissioners shall be allowed and
22 paid on the presentation of itemized vouchers therefore, which
23 vouchers shall be subject to the approval of the secretary.
24 (d) Quorum requirement.--A quorum shall consist of two
25 members.
26 Section 302. Duties of commission.
27 Except as provided in section 103, the commission is hereby
28 granted authority to establish policy and shall be directed to
29 promulgate rules and regulations regarding all the true sports
30 of professional boxing and wrestling contests, as distinguished
19890S0971B1951 - 8 -
1 from professional wrestling exhibitions, held within the
2 Commonwealth, except such contests and exhibitions as are
3 specifically exempted from the provisions of this act. The
4 commission shall hold regular meetings to carry out the
5 requirements of this act which shall include the consideration
6 of any rules, regulations or amendments thereto which are
7 recommended by the director.
8 Section 303. Appointment and qualifications of Executive
9 Director.
10 The secretary shall appoint an Executive Director of the
11 State Athletic Commission. The director shall have
12 administrative experience and other qualifications indicating he
13 is familiar with the activities to be regulated by this act and
14 shall serve at the pleasure of the secretary. The director's
15 salary shall be fixed by the secretary with the approval of the
16 Governor and the director shall hold no other paid public
17 position.
18 Section 304. Powers and duties of director.
19 The director shall supervise the administrative work of the
20 commission. The director shall have the power and the duties to:
21 (1) Attend monthly meetings of the commission.
22 (2) Recommend to the commission suspension or revocation
23 of any license or permit issued pursuant to this act for
24 violations of any provisions of this act or the rules and
25 regulations of the commission, or when such action is
26 necessary to protect the public welfare.
27 (3) Supervise and direct staff appointed by the
28 secretary engaged in work directly related to the
29 implementation of this act.
30 (4) Prepare and recommend to the commission rules and
19890S0971B1951 - 9 -
1 regulations and amendments thereto.
2 (5) Implement and supervise a drug testing program of
3 all athletes licensed under this act, in consultation with
4 the Medical Advisory Board and the Secretary of Health or his
5 designee.
6 (6) Present the standing committees of both houses of
7 the General Assembly with an annual review of the
8 commission's rules and regulations.
9 (7) Establish and maintain a record of all athletes
10 licensed under this act, showing for each licensee:
11 (i) the date licensed;
12 (ii) the results of prefight and postfight
13 physicals;
14 (iii) any fictitious or assumed names by which the
15 licensee competes;
16 (iv) the number and dates of any suspensions of the
17 athlete;
18 (v) the dates when the athlete is knocked out; and
19 (vi) the athletes' record from other states.
20 (8) Administer and make effective the provisions of this
21 act and the rules made thereunder.
22 (9) Conduct a substantial portion of the activities
23 required by this act at a single central location, wherein
24 all records of the commission shall be maintained.
25 (10) Prepare an annual budget for the consideration of
26 the commission, showing the costs of operation and revenues
27 received in the previous fiscal year and the estimated costs
28 of operations and revenues to be received in the next fiscal
29 year. The budget shall be approved by the commission and
30 forwarded to the Secretary of State in a timely fashion for
19890S0971B1951 - 10 -
1 his review and inclusion in the budget request of the
2 Department of State.
3 (11) Aid the commission in the promotion of boxing
4 contests in the Commonwealth.
5 Section 305. Medical Advisory Board.
6 Within 60 days of the effective date of this act, the
7 commission shall appoint five physicians to serve on a Medical
8 Advisory Board for a term of two years. Each member shall be
9 paid a per diem rate to be established by the secretary, but not
10 in excess of $150 per day. The Medical Advisory Board shall
11 issue an annual report to the commission which shall include a
12 review of the health status of each boxer who actually competed
13 during the prior fiscal year to identify those who may be at
14 risk of serious physical impairment and a review of the health
15 and safety regulations promulgated by the commission to
16 recommend changes or additions thereto.
17 CHAPTER 5
18 REGULATIONS OF BOXING CONTESTS AND EXHIBITIONS
19 Section 501. Boxing regulated.
20 Professional boxing contests or exhibitions, including kick
21 boxing, shall be held within this Commonwealth only in
22 accordance with the provisions of this act and the rules and
23 regulations promulgated hereunder. The contests or exhibitions
24 may be held on Sundays.
25 Section 502. Age of participants.
26 (a) General rule.--No person under the age of 18 shall be a
27 participant in any boxing contest or exhibition.
28 (b) Exception.--
29 (1) Any person between 12 and 17 years of age may
30 participate in amateur boxing contests or exhibitions under
19890S0971B1951 - 11 -
1 such rules and regulations as the commission shall prescribe.
2 (2) Persons between 12 and 17 years of age may
3 participate after obtaining written permission from a parent
4 or legal guardian, as well as consent by the commission.
5 (3) Persons 12 to 16 years of age may only participate
6 in such contests with persons not more than one year older.
7 (c) Junior olympics.--The limitations set forth in
8 subsections (a) and (b) shall not apply to sanctioned boxing
9 events for the junior olympics under the direction of a national
10 governing organization certified by the commission. For purposes
11 of the junior olympic events, participants, with the written
12 permission of a parent or legal guardian, may box only in the
13 following age divisions:
14 (1) Ten and eleven years of age.
15 (2) Twelve and thirteen years of age.
16 (3) Fourteen and fifteen years of age.
17 Under no circumstances shall any participant take part in any
18 event outside of the approved division for such age group.
19 Section 503. Fictitious names.
20 No person shall participate in any amateur boxing contest or
21 exhibition under a fictitious or assumed name, unless such
22 fictitious or assumed name has first been registered with the
23 commission.
24 Section 504. Physician to be in attendance.
25 A physician shall be assigned to every boxing contest or
26 exhibition by the executive director. The physician shall
27 observe and continue to observe the physical condition of the
28 participants and is authorized to stop any contest or exhibition
29 at any time to examine a contestant and to terminate a bout
30 when, in the judgment of the physician, severe injury could
19890S0971B1951 - 12 -
1 result to a contestant if the contest or exhibition were to
2 continue. The commission shall establish by rule or regulation a
3 schedule of fees to be paid to physicians for their services.
4 The physician's fee shall be paid by the promoter of the contest
5 or exhibition attended by the physician.
6 Section 505. Medical training seminars.
7 The commission shall conduct frequent mandatory medical
8 training seminars at least three times a year for all ring
9 personnel, commission personnel and other designated persons
10 employed by the secretary.
11 Section 506. Register.
12 The director shall establish and maintain a register for all
13 professional boxers licensed in this Commonwealth. The register
14 shall include a photograph of the boxer. In the register, the
15 director shall record the results of each boxing contest or
16 exhibition the boxer is involved in, including technical
17 knockouts, knockouts and other boxing-related injuries, as well
18 as the dates of each contest or exhibition and the record of
19 wins and losses.
20 Section 507. Medical equipment.
21 No professional boxing event shall be started unless there is
22 on the premises:
23 (1) An ambulance, together with emergency equipment.
24 (2) A portable resuscitator with oxygen and appropriate
25 endotracheal tubes and a qualified operator.
26 Section 508. Suspension.
27 For sound medical reasons and to protect the individual
28 boxers, the commission shall establish mandatory license
29 suspensions of those persons who sustain certain injuries. The
30 commission may suspend a boxer's license for up to:
19890S0971B1951 - 13 -
1 (1) Sixty days for a laceration of the face.
2 (2) Thirty days for a technical knockout with minor
3 injuries.
4 (3) Forty-five days for head injuries.
5 (4) Ninety days for a boxer receiving a knockout. Such
6 boxer shall receive an EEG within 24 hours of the knockout.
7 Section 509. Examinations.
8 (a) Prefight physical.--
9 (1) In addition to any other examination required by
10 this act or the rules and regulations promulgated hereunder,
11 each boxer must be examined by the attending physician within
12 two hours before he enters the ring. If, in the opinion of
13 the physician, any boxer is physically or mentally unfit to
14 proceed, the physician shall notify the person in charge, who
15 shall immediately cancel the contest or exhibition.
16 (2) This required examination shall conform to the rules
17 and regulations promulgated by the commission.
18 (b) Postfight physical.--In addition to the examination
19 required in this act, every boxer shall be examined by a
20 physician designated by the director during the five days
21 following every contest or exhibition in which he was a
22 participant. Such examination shall be performed at the expense
23 of the promoter.
24 (c) Filing of results of physicals.--The results of the
25 examinations required by this section shall be reduced to
26 writing by the physician, signed by him and filed with the
27 commission within 48 hours after they have been performed.
28 Section 510. Weights and classes.
29 The commission shall establish classes of boxers by rules and
30 regulations promulgated under this act. Such classes shall be
19890S0971B1951 - 14 -
1 based upon weights.
2 Section 511. Limitation on difference in weights.
3 No contest or exhibition shall be lawful in which the
4 difference in weight of the participants exceeds ten pounds.
5 This limitation shall not apply to contests or exhibitions
6 between participants in the light-heavyweight and heavyweight
7 classes, as defined by the commission, nor to exhibitions held
8 solely for training purposes.
9 Section 512. Gloves.
10 (a) General rule.--All boxers licensed under this act shall
11 be required to use thumbless or thumb-attached gloves. The
12 appropriate weight boxing gloves shall be worn by boxers as
13 follows:
14 (1) One hundred thirty-five pounds or under, boxing
15 gloves weighing not less than five ounces each.
16 (2) Over 135 pounds but not exceeding 160 pounds, boxing
17 gloves weighing not less than six ounces each.
18 (3) Over 160 pounds, boxing gloves weighing not less
19 than ten ounces each.
20 (b) Penalty.--A violation of this section may subject the
21 participant, promoter and/or manager to suspension of not less
22 than 30 days or revocation of their licenses, at the discretion
23 of the commission, pursuant to section 1504.
24 Section 513. Duration of boxing bouts; length of rounds.
25 (a) Length of contest.--No boxing contest or exhibition
26 shall be more than 12 rounds in length, except for championship
27 contests sanctioned by recognized international or national
28 authorities, which may be up to 15 rounds in length.
29 (b) Duration of round.--No round shall be more than three
30 minutes in duration.
19890S0971B1951 - 15 -
1 (c) Mandatory rest period.--There shall be at least a one
2 minute rest between consecutive rounds.
3 (d) Limitation on participation.--No boxer shall participate
4 in, nor be scheduled to participate in, more than 15 rounds
5 within 72 consecutive hours.
6 (e) Limitation on rounds.--The commission may, in respect to
7 any contest or exhibition or in respect to any class of
8 participants, limit the number of rounds in a contest or
9 exhibition to less than the maximum of 15 rounds.
10 Section 514. Attendance of referee and judges; scoring.
11 (a) Referee.--At each professional boxing contest or
12 exhibition, except an exhibition held solely for training
13 purposes, there shall be in attendance, at the expense of the
14 promoter, a duly licensed referee designated by the director,
15 who shall direct and control the contest or exhibition.
16 (b) Judges.--There shall also be in attendance at every
17 boxing contest, at the expense of the promoter, two licensed
18 judges, each of whom shall, together with the referee, render
19 his individual decision, in writing, on a scorecard supplied by
20 the director at the end of every boxing contest which continues
21 for the scheduled number of rounds. Each judge and the referee
22 shall have one vote, and a majority of the votes cast shall
23 determine the winner.
24 (c) Scoring.--The commission shall by rule or regulation
25 prescribe the methods of scoring.
26 Section 515. Seconds.
27 Before the start of any boxing contest or exhibition, the
28 referee shall ascertain from each participant the name of the
29 chief second. The chief second shall be held responsible for the
30 conduct of his assistants during the contest or exhibition.
19890S0971B1951 - 16 -
1 Section 516. Duty of disclosure.
2 Every licensee shall, immediately after learning thereof,
3 disclose to the director or his designee, or to the official in
4 charge or the attending physician or referee if one of these
5 persons is in attendance at any contest or exhibition, all
6 knowledge or information in his possession concerning any mental
7 or physical disability, injury, illness or incapacity of any
8 boxer.
9 Section 517. Sham or collusive contest prohibited.
10 (a) General rule.--No licensee or other person shall
11 knowingly conduct, give, participate in or be in any way
12 connected with any sham or collusive boxing contest.
13 (b) Reports.--Any licensee who knows or has reason to
14 suspect that a boxing contest is, was or is going to be a sham
15 or collusive contest shall have a duty to promptly report this
16 to the director or his designee or a representative thereof.
17 Such a report shall be in writing or, if oral, shall be reduced
18 to writing and shall contain all of the reporter's reasons for
19 the conclusions set forth in his report.
20 (c) Definition.--A sham or collusive contest is one in which
21 one or both of the participants does not use his best efforts
22 and skill or does not strive earnestly in good faith to win. It
23 includes, but is not limited to, any pseudo contest, the result
24 of which has been prearranged or any pseudo contest in which
25 either participant does not, is not going to, or is unable to
26 use or is prevented from using his best efforts and skill as a
27 result of coercion, bribery, duress, threats, reward or promise
28 thereof, physical incapacity or disability, suggestion or
29 agreement, or any other improper or unlawful means.
30 (d) Penalty.--A violation of this section shall constitute a
19890S0971B1951 - 17 -
1 misdemeanor of the third degree.
2 Section 518. Minimum purses for boxers.
3 No purse less than $50 shall be paid by the promoter to any
4 professional boxer for any contest or exhibition, other than a
5 training exhibition.
6 Section 519. Distribution of purses to boxers; statements.
7 (a) Promoter distribution.--Unless otherwise directed by the
8 director, all boxing purses shall be distributed by the promoter
9 not later than 24 hours after the conclusion of the contest or
10 exhibition for which the purse is being paid. A written
11 statement showing the distribution of the purse, including each
12 item of receipt and each expenditure or deduction, shall be
13 furnished to the boxer and his manager, together with his share
14 of the purse, and a copy thereof certified by the promoter to be
15 true and correct shall be filed in the office of the director.
16 Receipted vouchers for every expenditure or deduction shall be
17 attached to the copy filed with the department.
18 (b) Manager distribution.--Unless otherwise directed by the
19 director, every manager shall furnish a statement of
20 distribution to the boxer he manages, together with the boxer's
21 share of the purse, not later than 24 hours after he receives
22 the purse and statement from the promoter. A copy thereof,
23 certified by the manager to be true and correct, shall be filed
24 in the office of the department, and it shall have attached to
25 it receipted vouchers for every expenditure or deduction made by
26 the manager.
27 Section 520. Withholding of moneys.
28 (a) General rule.--The commission shall have the power to
29 order the promoter to withhold any purse, or any part thereof,
30 or any receipts or other funds belonging to or payable to any
19890S0971B1951 - 18 -
1 contestant or for which any contestant is competing or of any
2 manager's share of, if it should appear that such contestant is
3 not competing honestly or is intentionally not competing to the
4 best of his ability and skill, or if it should appear that the
5 contestant, his manager or any of his seconds has violated any
6 provision of this act or the rules and regulations promulgated
7 under this act.
8 (b) Escrow.--The commission shall have the power to order
9 that the gross receipts shall be withheld and placed in escrow
10 if it should appear that the act has been violated.
11 Section 521. Hearing regarding withheld purse.
12 (a) Delivery to commission.--Any purse, or portion thereof,
13 so withheld shall be delivered by the promoter to the commission
14 within 48 hours after the end of the contest.
15 (b) Request for hearing.--Within ten days after the end of
16 the contest, the licensee from whom the sum was withheld shall
17 have the right to apply in writing to the commission for a
18 hearing. Upon receipt of such application, the commission shall
19 fix a date for a hearing.
20 Section 522. Hearing, disposition of withheld purse.
21 (a) General rule.--Within a reasonable time after the
22 hearing or after the expiration of ten days following the
23 contest, if no application for a hearing is filed, the
24 commission shall determine the disposition to be made of the
25 withheld purse.
26 (b) Withholding.--If the commission finds the charge or
27 charges upon which the withholding order was based to be true
28 and to be sufficient lawful reason upon which to base such an
29 order, it may, in its discretion, declare the funds withheld, or
30 any part thereof, forfeited.
19890S0971B1951 - 19 -
1 (c) Distribution.--If the commission finds the charge or
2 charges to be untrue or not to be sufficient lawful reason upon
3 which to base a withholding order, it shall distribute the
4 withheld funds to the persons entitled thereto.
5 Section 523. Payments regulated.
6 (a) General rule.--No promoter or foreign copromoter shall
7 pay, lend or give any money to a contestant before any boxing
8 contest as an advance against his purse or for a similar
9 purpose. A promoter may, with the prior written permission of
10 the commission, pay or advance to a contestant necessary
11 expenses for transportation and maintenance in preparation for a
12 contest.
13 (b) Forfeiture of purse.--If a contestant's purse is
14 forfeited, the commission may include such payments or advances
15 as part of the forfeiture, and, if he does not forward such
16 amount to the department, it may be recovered in the same manner
17 as a debt due the Commonwealth.
18 Section 524. Insurance.
19 The commission may, by rules and regulations, require
20 licensed boxers to be covered by insurance for:
21 (1) Medical, surgical and hospital care resulting from
22 injuries sustained while preparing for or engaged in boxing
23 contests or exhibitions with the insured being the
24 beneficiary of such policies.
25 (2) Life, providing for payments to the estates or
26 beneficiaries of deceased boxers where death was caused by
27 injuries received while preparing for or engaged in boxing
28 contests or exhibitions.
29 The premiums for such insurance shall be paid by the insured's
30 manager.
19890S0971B1951 - 20 -
1 CHAPTER 7
2 SAFETY REGULATIONS
3 Section 701. Mandatory eight count.
4 Whenever a boxer is knocked down, the boxer shall be required
5 to take a count of eight. The referee shall not permit the
6 contest or exhibition to be resumed until the count of eight has
7 actually been reached, except in professional championship
8 boxing contests and exhibitions.
9 Section 702. Knockout.
10 When a boxer is actually knocked out, the referee shall count
11 to ten, and shall not stop the count earlier and record a
12 technical knockout.
13 Section 703. Physician at knockout.
14 When a boxer has been knocked out, no one shall touch him,
15 except to remove his mouth protector, until after the attending
16 physician has entered the ring and issued such instructions as
17 he deems necessary.
18 Section 704. Ring padding.
19 All ring padding shall be subject to approval of the
20 commission. All padding shall be of soft felt, foam rubber or
21 similar material and shall be at least two inches thick.
22 Section 705. Boxer knocked unconscious.
23 A boxer who has been knocked unconscious or who has received
24 a concussion shall not be allowed to box again for 90 days, and
25 then only after having been pronounced fit after a thorough
26 physical examination by a physician.
27 Section 706. Boxer repeatedly knocked out.
28 A boxer who has been knocked out or severely beaten shall be
29 retired and not permitted to box again if, after subjecting him
30 to a thorough examination by a physician, the commission decides
19890S0971B1951 - 21 -
1 such action is necessary in order to protect the health and
2 welfare of the boxer.
3 Section 707. Six consecutive defeats.
4 A boxer who has suffered six consecutive defeats shall be
5 investigated by the commission and examined by a physician.
6 CHAPTER 9
7 LICENSES AND PERMITS
8 Section 901. Power of commission to issue, withhold, suspend or
9 revoke licenses and permits.
10 The commission is hereby granted sole control, authority and
11 jurisdiction to issue, withhold, suspend or revoke any license
12 or permit provided for in this act.
13 Section 902. Promoters' licenses.
14 No promoter shall, either directly or indirectly, conduct,
15 hold or promote any professional boxing contest or exhibition
16 unless he has first procured a promoter's license from the
17 commission. A violation of this section may subject the promoter
18 to suspension of not less than 30 days or revocation of his
19 license at the discretion of the commission pursuant to section
20 1504.
21 Section 903. Representative managers' licenses.
22 (a) General rule.--Before acting as such, every
23 representative manager shall procure a manager's license. He
24 shall file with the department the name of each boxer whom he
25 represents, together with a written consent from each such boxer
26 and his manager authorizing him to transact business for such
27 manager or boxer or to act as or for the manager of such boxer.
28 (b) Presumption.--Every person other than the manager of a
29 professional boxer who performs any of the acts usually
30 performed by the manager or who aids, assists or substitutes for
19890S0971B1951 - 22 -
1 the manager or who uses a licensed manager to conceal his own
2 actions as a manager shall be considered a representative
3 manager.
4 (c) Penalty.--A violation of this section may subject the
5 manager to suspension of not less than 30 days or revocation of
6 his license at the discretion of the commission pursuant to
7 section 1504.
8 Section 904. Foreign copromoters to procure permits.
9 (a) General rule.--No foreign copromoter shall directly or
10 indirectly participate in the promotion of or receive any
11 remuneration from or render any services in connection with any
12 professional boxing contest or exhibition held within this
13 Commonwealth unless he has first been granted a permit therefor
14 by the commission. No promoter shall be associated with any
15 foreign copromoter in promoting any contest or exhibition unless
16 the foreign copromoter has first secured a permit. A foreign
17 copromoter by accepting a permit agrees to be subject to all the
18 provisions of this act and the rules and regulations promulgated
19 under this act.
20 (b) Penalty.--A violation of this section may subject the
21 promoter and/or foreign copromoter to suspension of not less
22 than 30 days or revocation of his license or permit at the
23 discretion of the commission pursuant to section 1504.
24 Section 905. Other licenses required.
25 (a) Other licenses.--No professional boxer, manager, second,
26 trainer, matchmaker, timekeeper, referee, judge, announcer,
27 physician, booking agent or agency or representative of a
28 booking agent or agency shall directly or indirectly act in such
29 capacity in connection with any professional boxing contest or
30 exhibition unless he has first procured a license to act in such
19890S0971B1951 - 23 -
1 a capacity from the commission.
2 (b) Penalty.--A violation of this section may subject the
3 boxer, manager, seconds, trainer, matchmaker, timekeeper,
4 referee, judge, announcer, physician, booking agent or agency or
5 representative of a booking agent or agency to suspension of not
6 less than 30 days or revocation of their licenses at the
7 discretion of the commission pursuant to section 1504.
8 Section 906. Permits required.
9 In addition to the promoter's license, each promoter shall be
10 required to procure a permit for each program of contests or
11 exhibitions before presenting that program. Each application for
12 a permit shall specify the premises where and time when the
13 program is to be held.
14 Section 907. Permits for amateurs.
15 (a) Permit required.--Except as otherwise provided in this
16 act, no amateur boxing contest or exhibition shall be held
17 without a permit having been first secured from the department.
18 (b) Eligibility.--Permits for amateur boxing contests or
19 exhibitions shall be issued only to bona fide recognized amateur
20 athletic associations, nonprofit organizations or other groups
21 or individuals approved by the commission.
22 (c) Miscellaneous.--Permits under this section may be issued
23 for a single contest or exhibition, a series of contests or
24 exhibitions, or for a period not exceeding one year. The
25 commission may issue amateur permits without charging any fee or
26 for a fee of $5 per permit.
27 Section 908. Restrictions.
28 No officer, director, stockholder or employee of a licensed
29 promoter shall have any other interest in any professional boxer
30 or professional contests or exhibitions except as a matchmaker.
19890S0971B1951 - 24 -
1 Section 909. Permits not to be issued.
2 No permit shall be issued for the holding of any boxing
3 contest or exhibition within any political subdivision of this
4 Commonwealth which has adopted, or which adopts, any local
5 ordinance or resolution prohibiting such contests or exhibitions
6 within its limits.
7 Section 910. Standards for the issuance of licenses and
8 permits.
9 (a) Consideration.--In determining whether to issue or renew
10 any license or permit, the commission shall consider the best
11 interest and welfare of the public, the preservation of the
12 safety and health of participants and the best interests of
13 boxing generally.
14 (b) Prerequisites.--Before being granted any permit or
15 license, the applicant must establish that the applicant is:
16 (1) Of a good moral character.
17 (2) Of good reputation.
18 (3) Physically fit and mentally sound.
19 (4) Skilled in his profession.
20 (5) Of requisite age and experience.
21 (6) Not addicted to the intemperate use of alcohol or to
22 the use of narcotic drugs.
23 In the case of a corporate applicant, these factors shall be
24 considered with reference to its officers, directors, employees
25 and principal stockholders.
26 Section 911. Duration of license.
27 Each license issued under this act shall expire on December
28 31 next following the date on which it was issued.
29 Section 912. Applications for licenses and permits.
30 Every application for a license or a permit shall:
19890S0971B1951 - 25 -
1 (1) Be in writing on a form supplied by the commission.
2 (2) Be verified by the applicant.
3 (3) Set forth such information and have attached thereto
4 such photographs and other exhibits as are required by this
5 act, the rules and regulations promulgated under this act,
6 and the form of application.
7 Section 913. Oral examinations.
8 The commission shall have the right to require any applicant
9 for a license or permit, or in the case of a corporate
10 applicant, any officer, director, employee or stockholder
11 thereof, to appear before the commission for an oral
12 examination, under oath, as to qualifications of the applicant
13 before taking actions on that application.
14 Section 914. License fees.
15 The annual license fees which shall accompany each
16 application for a license or the renewal of a license shall be
17 fixed by commission regulation.
18 Section 915. Permit fees.
19 (a) General rule.--The required fees, based upon the seating
20 capacity of the premises where the program is to be presented,
21 shall accompany each application for a permit to present a
22 program of contests or exhibitions. The amount of the fee shall
23 be fixed by commission regulation.
24 (b) Foreign copromoter permit.--The fee for the issuance of
25 a foreign copromoter's permit for each program of contests or
26 exhibitions shall be fixed by commission regulation.
27 Section 916. Additional license fees; penalties.
28 (a) Gross receipts fees.--In addition to the payment of any
29 other fees and moneys due under this act, every promoter shall
30 pay an additional license fee of 5% of the total gross receipts
19890S0971B1951 - 26 -
1 of any boxing contest or exhibition, exclusive of any Federal
2 tax or any tax imposed by any political subdivision of this
3 Commonwealth which was paid thereon. For the purposes of this
4 section, total gross receipts of every promoter upon which the
5 5% is to be computed shall include the gross price chargeable
6 for the sale, lease or other exploitation of broadcasting,
7 television and motion picture rights of such contest or
8 exhibition without any deductions whatsoever for commissions,
9 brokerage fees, distribution fees, advertising or other expenses
10 or charges in respect thereto. Gross receipts, for the purposes
11 of this section, shall also include the face value of all
12 tickets sold and complimentary tickets issued.
13 (b) Time period for payment.--The payment of the additional
14 license fee provided for in this section shall be made within 48
15 hours after the contest or exhibition and shall be accompanied
16 by a form prescribed by the Department of Revenue setting forth
17 the gross receipts received from the contest or exhibition,
18 together with such other information as the Department of
19 Revenue may require.
20 (c) Collection of fee.--The additional license fee provided
21 for in this section shall be collected by the department and
22 transmitted to the Department of Revenue, together with the
23 reports filed therewith.
24 (d) Penalties.--
25 (1) Any promoter who willfully makes a false and
26 fraudulent report under this section commits perjury, and
27 shall, upon conviction, be subject to punishment as provided
28 by law. Such penalty shall be in addition to any other
29 penalties imposed by this act.
30 (2) Any promoter who willfully fails, neglects or
19890S0971B1951 - 27 -
1 refuses to make a report, or to pay the license fees as
2 herein prescribed, or who refuses to permit the department to
3 examine the books, papers and records of any promotion
4 commits a misdemeanor of the third degree and may be subject
5 to suspension or loss of his license at the discretion of the
6 commission.
7 CHAPTER 11
8 CONTRACTS, ADVERTISING, TICKETS AND SPECTATORS
9 Section 1101. Commission control of contracts.
10 The commission, with the approval of the department, is
11 required to promulgate rules and regulations governing the form
12 and content of all contracts entered into between or among
13 promoters and foreign copromoters and professional boxers and
14 managers and all contracts between managers and professional
15 boxers. All contracts required under the provisions of this act
16 shall be in writing.
17 Section 1102. Contracts subject to law.
18 Every contract subject to the provisions of this chapter
19 shall contain the following clause:
20 This agreement is subject to the provisions of this act
21 and to the rules and regulations of the Department of
22 State, and to any future amendments of either of them.
23 Section 1103. Provisions in contracts between managers and
24 professional boxers.
25 (a) General provisions.--Every contract between a manager
26 and a professional boxer shall contain provisions governing its
27 duration, division of the boxer's purses and the minimum sum to
28 be guaranteed annually to the boxer by the manager.
29 (b) Termination of contract.--Each contract shall further
30 provide that the contract shall be automatically terminated if
19890S0971B1951 - 28 -
1 the license of either party is revoked by the commission or if
2 the manager fails to renew his license within 30 days after its
3 expiration. If the license of either party is suspended, the
4 contract shall not be binding upon the other party during the
5 period of such suspension.
6 Section 1104. Approval of contracts.
7 No contract between a manager and a professional boxer shall
8 be legally valid and binding until both parties to the contract
9 have appeared before the commission and have received its
10 approval which shall be endorsed on the contract.
11 Section 1105. Tickets.
12 (a) Scheduled date and price.--Every ticket of admission to
13 a boxing contest or exhibition shall clearly show on its face
14 the scheduled date of the contest or exhibition and its purchase
15 price, including any taxes thereon.
16 (b) Price limitation.--No ticket shall be sold by any
17 promoter or foreign copromoter for more than the price printed
18 thereon.
19 (c) Anti-scalping provision.--No other person shall sell any
20 ticket for more than 50¢ in excess of the price printed on the
21 ticket. No licensee under this act shall directly or indirectly
22 receive any part of any excess price.
23 (d) Numbering of tickets.--Tickets in each price range shall
24 be consecutively numbered, and the number of each ticket shall
25 be clearly printed on both the stub and main portion of the
26 ticket.
27 (e) Schedule of tickets.--A schedule of the numbers of all
28 tickets in each price range shall be furnished to the
29 department.
30 Section 1106. Misdemeanor to destroy tickets.
19890S0971B1951 - 29 -
1 Except upon receipt of prior written authorization from the
2 department, it shall be a misdemeanor of the second degree for
3 any promoter or person associated with or employed by any
4 promoter to destroy any ticket or ticket stub, whether sold or
5 unsold, within six months after the date of any contest or
6 exhibition.
7 Section 1107. Ticket refunds.
8 (a) Full refund.--Upon postponement or cancellation of the
9 main event or the entire program of contests or exhibitions, the
10 promoter shall refund the full purchase price of each ticket to
11 any person who presents such ticket for a refund within 30 days
12 after the scheduled date of the event. Within 10 days after the
13 expiration of this 30-day period, the promoter shall pay all
14 unclaimed ticket receipts to the department. The department
15 shall hold these funds for a period of one year for the purpose
16 of making additional refunds. Thereafter, the department shall
17 pay all remaining moneys from such ticket sale to the State
18 Treasurer for deposit into the General Fund, without escheat.
19 (b) Forfeiture of security.--Failure of any promoter or
20 foreign copromoter to comply with the provisions of subsection
21 (a) shall be sufficient cause to warrant a forfeiture of his
22 bond, or other security, and an imposition of a penalty or
23 suspension or revocation of his license by the department as
24 provided in this act.
25 (c) Pro rata refunds.--From the fund produced by the
26 forfeiture, pro rata refunds shall be made by the department to
27 persons who purchased tickets, in accordance with the provisions
28 of subsection (a).
29 Section 1108. Advertising matter to state admission price.
30 Each showcard, bill, poster, newspaper or any other
19890S0971B1951 - 30 -
1 advertisement of any contest or exhibition shall contain a
2 schedule of admission prices and a conspicuous statement of
3 whether a contest or exhibition is being presented. Failure to
4 comply with the provisions of this section shall constitute
5 grounds for the suspension or revocation of the promoter's
6 license.
7 Section 1109. Admissions not to exceed seating capacity.
8 It shall be a misdemeanor of the third degree for any
9 promoter to admit to any contest or exhibition more persons than
10 there are seats in the place where the contest or exhibition is
11 being held.
12 Section 1110. Age of spectators.
13 No minor 16 years of age or under shall be permitted to
14 attend any boxing contest or exhibition unless accompanied by an
15 adult.
16 CHAPTER 13
17 BONDS, APPLICATIONS AND FEES
18 Section 1301. Promoters and foreign copromoters required to
19 file bonds.
20 (a) General rule.--Before any license or renewal of a
21 license is issued to a promoter and before any permit is issued
22 to a foreign copromoter, he shall be required to execute and
23 file a surety bond with the department in such reasonable
24 amount, but not less than $3,000, as the department shall
25 determine.
26 (b) Form of bond.--All such bonds shall be upon forms
27 supplied by the department, which shall have first adopted them
28 with the approval of the Office of Attorney General.
29 (c) Approval of sureties.--The sufficiency of the sureties
30 shall be subject to approval of the department and the Office of
19890S0971B1951 - 31 -
1 Attorney General.
2 (d) Conditions.--The surety bond shall be conditioned upon
3 the faithful performance by the promoter or foreign copromoter
4 of his obligations under this act and the rules and regulations
5 promulgated pursuant hereto, including, but not limited to, the
6 fulfillment of his contractual obligations to contestants,
7 managers and other licensees, and the payment of all license and
8 permit fees provided for in this act. The aggregate annual
9 liability of the surety for all obligations and fees shall in no
10 event exceed the amount of the bond.
11 Section 1302. Deposit in lieu of surety bond.
12 In lieu of the surety bond required by section 1101, the
13 promoter may deposit with the department cash, a certified
14 check, or direct obligations of the United States or the
15 Commonwealth of Pennsylvania acceptable to the department, in an
16 equivalent amount and subject to the same conditions. Such
17 security shall not be returned to the promoter until one year
18 after the date on which it was deposited with the department,
19 unless a surety bond is substituted for the security. After the
20 expiration of one year from the date on which the security was
21 deposited, if no claim against the deposit is outstanding, it
22 shall be returned to the depositor.
23 Section 1303. Filing fee.
24 A filing fee fixed by the department shall accompany each
25 bond filed or cash or security deposited in lieu of the bond
26 under the provisions of this act.
27 Section 1304. Recovery on bond.
28 Recovery may be had on such bond or against such deposit of
29 cash or security in the same manner as penalties are recoverable
30 at law.
19890S0971B1951 - 32 -
1 Section 1305. Application and fees.
2 (a) Fee.--An application for a permit or license shall be
3 accompanied by a nonrefundable application fee in an amount
4 established by the commission by regulation. If the revenues
5 generated by fees, fines and civil penalties imposed in
6 accordance with the provisions of this act are not sufficient to
7 match expenditures over a two-year period, the commission shall
8 increase those fees by regulation such that the projected
9 revenues will meet or exceed projected expenditures. If the
10 Department of State determines that fees and/or fines
11 established by the commission are inadequate to meet the minimum
12 enforcement efforts required by this act, then the department,
13 after consultation with the commission, shall increase the fees
14 and/or fines by regulations, subject to review in accordance
15 with the Independent Regulatory Review Act, such that adequate
16 revenues are raised to meet the minimum enforcement efforts
17 required under this act.
18 (b) Affidavit.--Each application shall be accompanied by an
19 affidavit or affirmation of the applicant as to its verity.
20 (c) Disposition and use of fees.--Fees shall be collected by
21 the commission and shall be paid into the Athletic Commission
22 Augmentation Account.
23 CHAPTER 15
24 HEARINGS AND TEMPORARY SUSPENSIONS
25 Section 1501. Commission hearings.
26 The commission shall conduct all hearings under the
27 provisions of Title 2 of the Pennsylvania Consolidated Statutes
28 (relating to administrative law and procedure), and must conduct
29 a hearing within ten business days from the time any
30 recommendation is made by the director that a permit or license
19890S0971B1951 - 33 -
1 be suspended or revoked.
2 Section 1502. Subpoenas.
3 The commission may issue subpoenas in connection with the
4 investigations, requiring the attendance and testimony of or the
5 production of books and papers by any licensee or other person
6 whom the commission believes to have information, books or
7 papers of importance to it in making the investigation.
8 Section 1503. Temporary suspension of licenses or permits.
9 (a) General rule.--The commission shall have the power, upon
10 its own motion or upon the verified written complaint of any
11 person charging a licensee or permittee with violating any
12 provision of this act or the rules and regulations promulgated
13 under this act, to suspend temporarily any license or permit
14 until final determination by the commission, when such action is
15 necessary to protect the public welfare and the best interests
16 of boxing.
17 (b) Meetings.--Upon the oral or written agreement of two
18 members of the commission, the commission may conduct meetings
19 under subsection (a) by voice or video electronic means, if the
20 subject matter of the meeting is so compelling or timely that
21 considering the matter at the commission's next regular meeting
22 would render any decision moot, adversely affect the rights of
23 the aggrieved parties under this act or threatens the safety or
24 physical health of participants. A stenographic record of such
25 meetings shall be made and maintained by the commission and be
26 made available to the parties upon request.
27 (c) Hearing date.--The commission shall hold a hearing
28 within ten business days after the date on which the license or
29 permit was suspended temporarily at which time reasonable
30 efforts shall be made for the affected parties and the
19890S0971B1951 - 34 -
1 commission to be physically present.
2 Section 1504. Suspension or revocation of licenses.
3 (a) Power to suspend or revoke.--The commission shall have
4 the power to suspend or revoke a license or permit in any case
5 where the commission finds that the licensee or permittee:
6 (1) Is guilty of gross immorality.
7 (2) Is unfit or incompetent by reason of negligence or
8 habits.
9 (3) Is guilty of violating any provision of this act or
10 of the rules and regulations of the department.
11 (4) Has committed fraud or deceit in securing his or
12 another's license or permit.
13 (5) Has been convicted of, or pleaded guilty or entered
14 a plea of nolo contendere to, or has been found guilty by a
15 judge or jury of, a crime in any jurisdiction within ten days
16 preceding the suspension or revocation.
17 (6) Is an habitual drunkard, or is addicted to the use
18 of morphine, cocaine or other drugs having a similar effect.
19 (7) Is or has become mentally incompetent.
20 (8) Has been guilty of unprofessional or unethical
21 conduct, or such conduct as to require a suspension or
22 revocation in the public interest.
23 (9) Has made a misstatement of a material fact or
24 fraudulently concealed a material fact, or has induced, aided
25 or abetted any other person in misstating or concealing any
26 material fact in any application or other proceeding under
27 this act.
28 (10) Has failed to account for or pay over moneys
29 belonging to others which have come into his possession in
30 connection with a boxing contest or exhibition.
19890S0971B1951 - 35 -
1 (11) Has failed to furnish to the proper party a copy of
2 any contract or statement required by this act or the rules
3 and regulations promulgated under this act, or has breached
4 such a contract.
5 (12) Has paid or agreed to pay any money or article of
6 value to any person not having a license or a permit for
7 soliciting or for business secured or for rendering of any
8 service or the doing of any of the acts forbidden by this act
9 and the rules and regulations promulgated under this act.
10 (13) Has loaned his license or permit to another person
11 or has borrowed or used the license or permit of another.
12 (14) Is guilty of any form of pretense which might
13 induce the public or citizens to become a prey to
14 professional exploitation.
15 (15) Has employed a person who has not been issued a
16 license or permit when so required by law.
17 (16) Has failed to maintain in force the bond required
18 by this act or has failed to deposit with the department the
19 required cash, check or securities required in lieu of the
20 bond.
21 (17) Has by act or omission conducted himself in a
22 manner detrimental to the best interests of boxing generally
23 or to the public interest and general welfare.
24 (18) Is associating or consorting with criminals,
25 bookmakers, gamblers or persons of similar ill repute, or
26 with persons of no known or visible means of livelihood, or
27 is himself engaged or engaging in similar pursuits or
28 conduct.
29 (19) Has been disciplined in any manner by the
30 department or similar agency or body of any jurisdiction.
19890S0971B1951 - 36 -
1 (20) Has failed to pay a fine or any part thereof
2 imposed by this act.
3 (b) Meetings.--Upon the oral or written agreement of two
4 members of the commission, the commission may conduct meetings
5 under subsection (a) by voice or video electronic means, if the
6 subject matter of the meeting is so compelling or timely that
7 considering the matter at the commission's next regular meeting
8 would render any decision moot, adversely affect the rights of
9 the aggrieved parties under this act or threaten the safety or
10 physical health of participants. A stenographic record of such
11 meetings shall be made and maintained by the commission and be
12 made available to the parties upon request.
13 (c) Hearings.--Any licensee or permittee whose license or
14 permit is suspended or revoked pursuant to the provisions of
15 this section shall have a right to a hearing before the
16 commission within ten business days after the date on which the
17 license or permit was suspended or revoked.
18 CHAPTER 17
19 PENALTIES
20 Section 1701. Misdemeanors.
21 Any person convicted of any misdemeanor under Chapters 1
22 through 19 of this act shall be sentenced to pay a fine of not
23 more than $5,000, or to imprisonment, for not more than three
24 years, or both.
25 Section 1702. Fines.
26 The commission shall have the right to impose a fine of not
27 more than $5,000 for any violation of Chapters 1 through 19 of
28 this act or the rules and regulations promulgated under Chapters
29 1 through 19 of this act in addition to any other punishment
30 herein provided for such violation. Any licensee or permittee
19890S0971B1951 - 37 -
1 upon whom a fine is imposed under this section shall have a
2 right to a hearing before the commission within ten days after
3 the date on which the fine was imposed.
4 CHAPTER 19
5 FINANCIAL INTERESTS
6 Section 1901. Financial interest in boxer prohibited.
7 No licensed physician, referee, judge or promoter shall have
8 any direct or indirect financial or pecuniary interest in any
9 boxer. A violation of this section shall constitute a
10 misdemeanor of the third degree.
11 Section 1902. Financial interest in opponent prohibited.
12 No manager, trainer or second of any boxer shall have any
13 direct or indirect financial or pecuniary interest in the
14 opponent in any contest in which his own boxer participates. No
15 boxer shall have any direct or indirect financial or pecuniary
16 interest in his opponent in any contest. A violation of this
17 section shall constitute a misdemeanor.
18 Section 1903. Financial interest of matchmaker.
19 No matchmaker or promoter shall have any direct or indirect
20 financial or pecuniary interest in any boxer who is engaging in
21 a contest arranged by that matchmaker or promoter. A violation
22 of this section shall constitute a misdemeanor.
23 Section 1904. Rules and regulations.
24 The commission is hereby granted the power to promulgate
25 rules and regulations governing the presentation of professional
26 boxing and all matters pertaining thereto. Such rules and
27 regulations shall include those rules and regulations
28 specifically required by this act, together with such others as
29 the commission shall consider necessary in order to carry out
30 the provisions of this act.
19890S0971B1951 - 38 -
1 CHAPTER 21
2 PROHIBITED COMPETITIONS
3 Section 2101. Prohibited competitions.
4 (a) Offense defined.--A person commits a misdemeanor of the
5 first degree if he promotes, sponsors or participates in any
6 manner in the staging of, or the conduct of, any tough guy
7 contest or battle of the brawlers or in any similar competition.
8 (b) Application of section.--
9 (1) This section shall not apply to the news media,
10 including, but not limited to, television, radio, newspapers
11 and periodicals for their reporting activities relating to
12 tough guy contests or battles of the brawlers.
13 (2) This section shall not apply to amateur or
14 professional contests or exhibitions for which a permit has
15 been issued under Chapter 9 nor to professional wrestling
16 exhibitions, nor to contests staged in connection with
17 athletic training programs nor to amateur or professional
18 contests of the martial arts nor to any collegiate or
19 scholastic boxing, wrestling or martial arts contests.
20 (c) Definition.--As used in this section, the term "tough
21 guy contest" or "battle of the brawlers" means any competition
22 which involves any physical contact bout between two or more
23 individuals, who attempt to knock out their opponent by
24 employing boxing, wrestling, martial arts tactics or any
25 combination thereof and by using techniques, including, but not
26 limited to, punches, kicks and choking.
27 CHAPTER 31
28 MISCELLANEOUS PROVISIONS
29 Section 3101. Repeals.
30 (a) Specific repeals.--The following acts and parts of acts
19890S0971B1951 - 39 -
1 are repealed:
2 (1) Sections 427 and 2503 of the act of April 9, 1929
3 (P.L.177, No.175), known as The Administrative Code of 1929.
4 (2) Act of August 31, 1955 (P.L.531, No.131), known as
5 the Pennsylvania Athletic Code.
6 (b) Partial repeals.--Sections 202 and 207.1(d) of the act
7 of April 9, 1929 (P.L.177, No.175), known as The Administrative
8 Code of 1929, are repealed insofar as they relate to the State
9 Athletic Commission.
10 Section 3102. Transfer of functions, records, etc.
11 All allocations, appropriations, equipment, files, records,
12 contracts, agreements, obligations and other materials which are
13 used, employed or expended in connection with the powers, duties
14 or functions of the State Athletic Commission transferred by
15 this act to the commission, the director or the Department of
16 State are hereby transferred to the commission, the director or
17 the Department of State with the same force and effect as if the
18 allocations and appropriations had been made to and said items
19 had been the personnel and property of the commission in the
20 first instance and if the contracts, agreements and obligations
21 had been incurred or entered into by the department.
22 Section 3103. Status of existing licenses.
23 All licenses and permits issued pursuant to any act repealed
24 by this act, except with respect to professional and amateur
25 wrestling, shall continue with the same force and effect as if
26 such act had not been repealed, subject, however, to the power
27 of the commission, as provided in this act, to suspend or revoke
28 the license or permit of any such person for any of the causes
29 or reasons set forth in this act and subject to the power of the
30 commission to require any such person to obtain a license or
19890S0971B1951 - 40 -
1 permit pursuant to this act.
2 Section 3104. Effect of prior rules and regulations.
3 All rules and regulations made pursuant to any act repealed
4 by this act, except with respect to professional and amateur
5 wrestling, shall continue in full force and effect.
6 Section 3105. Saving clause.
7 The provisions of this act, so far as they are the same as
8 those of existing law, except with respect to amateur wrestling,
9 are intended to be a continuation of such existing law and not
10 as new enactments. The provisions of this act shall not affect
11 any act done, liability incurred, right accrued or vested or
12 suit or prosecution pending as of the effective date of this
13 act, or any action to enforce any right or penalty or punish any
14 offense under authority of such repealed laws.
15 Section 3106. Athletic Commission Augmentation Account.
16 Beginning July 1, 1989 and thereafter, all funds collected by
17 the Athletic Commission shall be paid into the Athletic
18 Commission Augmentation Account which is hereby created and
19 which shall be a special restricted receipts account within the
20 General Fund. This account shall be used only for the support
21 and operation of the commission unless a surplus arises after
22 two consecutive years, at which time the secretary shall
23 transfer any amount in excess of the commission's budget into
24 the General Fund.
25 Section 3107. Appropriation.
26 The sum of $350,000, or as much thereof as may be necessary,
27 is hereby appropriated from the General Fund to the Athletic
28 Commission in the Department of State for the payment of costs
29 of processing permits, licenses and renewals, for the operation
30 of the commission and for other general costs of the
19890S0971B1951 - 41 -
1 commission's operations relating to this act. The appropriation
2 granted shall be repaid by the commission within five years of
3 the beginning of issuance of licenses and permits under this
4 act.
5 Section 3108. Reestablishment of commission.
6 This act, with respect to the State Athletic Commission,
7 constitutes the legislation required to reestablish an agency
8 under the act of December 22, 1981 (P.L.508, No.142), known as
9 the Sunset Act.
10 Section 3109. Retroactivity.
11 Section 3108 shall be retroactive to December 31, 1988.
12 Section 3110. Effective date.
13 This act shall take effect immediately.
14 SECTION 1. SECTION 301(A) SECTIONS 301(A) AND 305 OF THE ACT <--
15 OF JULY 1, 1989 (P.L.136, NO.28), KNOWN AS THE ATHLETIC CODE, IS <--
16 ARE AMENDED TO READ: <--
17 SECTION 301. STATE ATHLETIC COMMISSION.
18 (A) COMPOSITION.--THE COMMISSION SHALL BE COMPRISED OF
19 [THREE] FIVE MEMBERS APPOINTED BY THE GOVERNOR WITH THE ADVICE <--
20 AND CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE[, <--
21 ONE OF WHOM SHALL BE A MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHY
22 LICENSED TO PRACTICE IN THIS COMMONWEALTH, WITH EXPERIENCE IN
23 SPORTS MEDICINE]. THE GOVERNOR SHALL DESIGNATE ONE OF THE <--
24 MEMBERS AS A CHAIRMAN FOR A TERM OF TWO YEARS. THE SECRETARY
25 [SHALL BE AN EX OFFICIO MEMBER OF THE COMMISSION] AND CHAIRMAN <--
26 OF THE MEDICAL ADVISORY BOARD SHALL BE EX OFFICIO MEMBERS OF THE
27 COMMISSION.
28 * * *
29 SECTION 305. MEDICAL ADVISORY BOARD. <--
30 WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE
19890S0971B1951 - 42 -
1 COMMISSION SHALL APPOINT FIVE PHYSICIANS TO SERVE ON A MEDICAL
2 ADVISORY BOARD FOR A TERM OF TWO YEARS. THE GOVERNOR SHALL
3 APPOINT A MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHY LICENSED IN
4 THIS COMMONWEALTH, WITH EXPERIENCE IN SPORTS MEDICINE, TO BE
5 CHAIRMAN OF THE MEDICAL ADVISORY BOARD. EACH MEMBER SHALL BE
6 PAID A PER DIEM RATE TO BE ESTABLISHED BY THE SECRETARY, BUT NOT
7 IN EXCESS OF $150 PER DAY. THE MEDICAL ADVISORY BOARD SHALL
8 ISSUE AN ANNUAL REPORT TO THE COMMISSION WHICH SHALL INCLUDE A
9 REVIEW OF THE HEALTH STATUS OF EACH BOXER WHO ACTUALLY COMPETED
10 DURING THE PRIOR FISCAL YEAR TO IDENTIFY THOSE WHO MAY BE AT
11 RISK OF SERIOUS PHYSICAL IMPAIRMENT AND A REVIEW OF THE HEALTH
12 AND SAFETY REGULATIONS PROMULGATED BY THE COMMISSION TO
13 RECOMMEND CHANGES OR ADDITIONS THERETO.
14 SECTION 2. THIS ACT SHALL NOT APPLY TO REGULATIONS WHICH ARE
15 DEPOSITED WITH THE LEGISLATIVE REFERENCE BUREAU PRIOR TO THE
16 EFFECTIVE DATE OF THIS ACT.
17 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
E23L04RDG/19890S0971B1951 - 43 -