HOUSE AMENDED
PRIOR PRINTER'S NOS. 1116, 1296 PRINTER'S NO. 1829
No. 971 Session of 1989
INTRODUCED BY RHOADES, MAY 23, 1989
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 13, 1989
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.
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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.
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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.
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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 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 CHAPTER 1 <--
26 PRELIMINARY PROVISIONS
27 Section 101. Short title.
28 This act shall be known and may be cited as the Athletic
29 Code.
30 Section 102. Definitions.
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1 The following words and phrases when used in Chapters 1
2 through 17 of this act shall have the meanings given to them in
3 this section unless the context clearly indicates otherwise:
4 "Amateur." A person who has never received nor competed for
5 any purse or other article of value, either for participating in
6 any boxing contest or exhibition, or for the expenses of
7 training therefor other than a prize which does not exceed $50
8 in value.
9 "Boxing." The act of attack and defense with the fists,
10 practiced as a sport, subject to rules adopted by the
11 commission. The term includes all variations of the sport
12 permitting or using other parts of the human body, including,
13 but not limited to, the foot, knee, leg, elbow or head.
14 "Commission." The State Athletic Commission.
15 "Contest." An engagement in which the boxers strive
16 earnestly in good faith to win.
17 "Department." The Department of State of the Commonwealth.
18 "Executive Director." The Executive Director of the State
19 Athletic Commission.
20 "Exhibition." An engagement in which the boxers show or
21 display their skill without necessarily striving to win.
22 "Foreign copromoter." A promoter who has no place of
23 business within this Commonwealth.
24 "Judge." A person, other than a referee, who has a vote in
25 determining the winner of any boxing contest.
26 "Manager." A person who, directly or indirectly, controls or
27 administers the affairs of any boxer.
28 "Matchmaker." A person who brings together professional
29 boxers or arranges professional boxing contests or exhibitions.
30 "Participant." A boxer who takes part in a boxing contest or
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1 exhibition.
2 "Physician." An individual licensed to practice medicine and
3 surgery or osteopathy or osteopathic surgery in this
4 Commonwealth.
5 "Professional." A person who has received or competed for,
6 or is receiving or competing for, any purse or other article of
7 value, other than a prize which does not exceed $50 in value,
8 either for participating in any boxing contest or exhibition or
9 for the expenses of training therefor.
10 "Promoter." Any person, and in the case of a corporate
11 promoter, any officer, director, employee or stockholder
12 thereof, who produces, arranges or stages any professional
13 boxing contest or exhibition.
14 "Purse." The financial guarantee or any other remuneration,
15 or part thereof, for which professional boxers are participating
16 in a contest or exhibition. The term includes the participant's
17 share of any payment received for radio broadcasting, television
18 and motion picture rights.
19 "Secretary." The Secretary of the Department of State.
20 Section 103. Act not to apply to schools.
21 No provision of this act nor any rule or regulation
22 promulgated hereunder shall apply to any boxing contest or
23 exhibition conducted or sponsored by any university, college,
24 secondary school or group of universities, colleges or secondary
25 schools or the Department of Corrections when all the
26 participants are students regularly enrolled in such
27 institutions or inmates confined within a State or county
28 correctional facility.
29 CHAPTER 3
30 STATE ATHLETIC COMMISSION
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1 Section 301. State Athletic Commissioners.
2 (a) General rule.--The commission shall be comprised of
3 three members appointed by the Governor with the advice and
4 consent of a majority of the members elected to the Senate, one
5 of whom shall be a medical doctor or doctor of osteopathy
6 licensed to practice in the Commonwealth, with experience in
7 sports medicine. The Governor shall appoint a member to act as
8 chairman.
9 (b) Term.--Each appointment shall be for a term of two
10 years. The terms of the members of the commission appointed
11 prior to the effective date of this act shall terminate on the
12 effective date of this act. Any commissioner so terminated shall
13 continue to hold office until his successor shall be appointed
14 pursuant to subsection (a).
15 (c) Compensation.--The commissioners shall receive a per
16 diem salary, the amount of which shall be established by the
17 secretary. The commissioners shall also be entitled to
18 reimbursement for travel and other necessary expenses incurred
19 as a direct result of their duties as members of the commission.
20 The expenses incurred by the commissioners shall be allowed and
21 paid on the presentation of itemized vouchers therefore, which
22 vouchers shall be subject to the approval of the secretary.
23 (d) Quorum requirement.--A quorum shall consist of two
24 members.
25 Section 302. Duties of commission.
26 Except as provided in section 103, the commission is hereby
27 granted authority to establish policy and shall be directed to
28 promulgate rules and regulations regarding all the true sports
29 of professional boxing and wrestling contests, as distinguished
30 from professional wrestling exhibitions, held within the
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1 Commonwealth, except such contests and exhibitions as are
2 specifically exempted from the provisions of this act. The
3 commission shall hold regular meetings to carry out the
4 requirements of this act which shall include the consideration
5 of any rules, regulations or amendments thereto which are
6 recommended by the director.
7 Section 303. Appointment and qualifications of Executive
8 Director.
9 The secretary shall appoint an Executive Director of the
10 State Athletic Commission. The director shall have
11 administrative experience and other qualifications indicating he
12 is familiar with the activities to be regulated by this act and
13 shall serve at the pleasure of the secretary. The director's
14 salary shall be fixed by the secretary with the approval of the
15 Governor and the director shall hold no other paid public
16 position.
17 Section 304. Powers and duties of director.
18 The director shall supervise the administrative work of the
19 commission. The director shall have the power and the duties to:
20 (1) Attend monthly meetings of the commission.
21 (2) Recommend to the commission suspension or revocation
22 of any license or permit issued pursuant to this act for
23 violations of any provisions of this act or the rules and
24 regulations of the commission, or when such action is
25 necessary to protect the public welfare.
26 (3) Supervise and direct staff appointed by the
27 secretary engaged in work directly related to the
28 implementation of this act.
29 (4) Prepare and recommend to the commission rules and
30 regulations and amendments thereto.
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1 (5) Implement and supervise a drug testing program of
2 all athletes licensed under this act, in consultation with
3 the Medical Advisory Board and the Secretary of Health or his
4 designee.
5 (6) Present the standing committees of both houses of
6 the General Assembly with an annual review of the
7 commission's rules and regulations.
8 (7) Establish and maintain a record of all athletes
9 licensed under this act, showing for each licensee:
10 (i) the date licensed;
11 (ii) the results of prefight and postfight
12 physicals;
13 (iii) any fictitious or assumed names by which the
14 licensee competes;
15 (iv) the number and dates of any suspensions of the
16 athlete;
17 (v) the dates when the athlete is knocked out; and
18 (vi) the athletes' record from other states.
19 (8) Administer and make effective the provisions of this
20 act and the rules made thereunder.
21 (9) Conduct a substantial portion of the activities
22 required by this act at a single central location, wherein
23 all records of the commission shall be maintained.
24 (10) Prepare an annual budget for the consideration of
25 the commission, showing the costs of operation and revenues
26 received in the previous fiscal year and the estimated costs
27 of operations and revenues to be received in the next fiscal
28 year. The budget shall be approved by the commission and
29 forwarded to the Secretary of State in a timely fashion for
30 his review and inclusion in the budget request of the
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1 Department of State.
2 (11) Aid the commission in the promotion of boxing
3 contests in the Commonwealth.
4 Section 305. Medical Advisory Board.
5 Within 60 days of the effective date of this act, the
6 commission shall appoint five physicians to serve on a Medical
7 Advisory Board for a term of two years. Each member shall be
8 paid a per diem rate to be established by the secretary, but not
9 in excess of $150 per day. The Medical Advisory Board shall
10 issue an annual report to the commission which shall include a
11 review of the health status of each boxer who actually competed
12 during the prior fiscal year to identify those who may be at
13 risk of serious physical impairment and a review of the health
14 and safety regulations promulgated by the commission to
15 recommend changes or additions thereto.
16 CHAPTER 5
17 REGULATIONS OF BOXING CONTESTS AND EXHIBITIONS
18 Section 501. Boxing regulated.
19 Professional boxing contests or exhibitions, including kick
20 boxing, shall be held within this Commonwealth only in
21 accordance with the provisions of this act and the rules and
22 regulations promulgated hereunder. The contests or exhibitions
23 may be held on Sundays.
24 Section 502. Age of participants.
25 (a) General rule.--No person under the age of 18 shall be a
26 participant in any boxing contest or exhibition.
27 (b) Exception.--
28 (1) Any person between 12 and 17 years of age may
29 participate in amateur boxing contests or exhibitions under
30 such rules and regulations as the commission shall prescribe.
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1 (2) Persons between 12 and 17 years of age may
2 participate after obtaining written permission from a parent
3 or legal guardian, as well as consent by the commission.
4 (3) Persons 12 to 16 years of age may only participate
5 in such contests with persons not more than one year older.
6 (c) Junior olympics.--The limitations set forth in
7 subsections (a) and (b) shall not apply to sanctioned boxing
8 events for the junior olympics under the direction of a national
9 governing organization certified by the commission. For purposes
10 of the junior olympic events, participants, with the written
11 permission of a parent or legal guardian, may box only in the
12 following age divisions:
13 (1) Ten and eleven years of age.
14 (2) Twelve and thirteen years of age.
15 (3) Fourteen and fifteen years of age.
16 Under no circumstances shall any participant take part in any
17 event outside of the approved division for such age group.
18 Section 503. Fictitious names.
19 No person shall participate in any amateur boxing contest or
20 exhibition under a fictitious or assumed name, unless such
21 fictitious or assumed name has first been registered with the
22 commission.
23 Section 504. Physician to be in attendance.
24 A physician shall be assigned to every boxing contest or
25 exhibition by the executive director. The physician shall
26 observe and continue to observe the physical condition of the
27 participants and is authorized to stop any contest or exhibition
28 at any time to examine a contestant and to terminate a bout
29 when, in the judgment of the physician, severe injury could
30 result to a contestant if the contest or exhibition were to
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1 continue. The commission shall establish by rule or regulation a
2 schedule of fees to be paid to physicians for their services.
3 The physician's fee shall be paid by the promoter of the contest
4 or exhibition attended by the physician.
5 Section 505. Medical training seminars.
6 The commission shall conduct frequent mandatory medical
7 training seminars at least three times a year for all ring
8 personnel, commission personnel and other designated persons
9 employed by the secretary.
10 Section 506. Register.
11 The director shall establish and maintain a register for all
12 professional boxers licensed in this Commonwealth. The register
13 shall include a photograph of the boxer. In the register, the
14 director shall record the results of each boxing contest or
15 exhibition the boxer is involved in, including technical
16 knockouts, knockouts and other boxing-related injuries, as well
17 as the dates of each contest or exhibition and the record of
18 wins and losses.
19 Section 507. Medical equipment.
20 No professional boxing event shall be started unless there is
21 on the premises:
22 (1) An ambulance, together with emergency equipment.
23 (2) A portable resuscitator with oxygen and appropriate
24 endotracheal tubes and a qualified operator.
25 Section 508. Suspension.
26 For sound medical reasons and to protect the individual
27 boxers, the commission shall establish mandatory license
28 suspensions of those persons who sustain certain injuries. The
29 commission may suspend a boxer's license for up to:
30 (1) Sixty days for a laceration of the face.
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1 (2) Thirty days for a technical knockout with minor
2 injuries.
3 (3) Forty-five days for head injuries.
4 (4) Ninety days for a boxer receiving a knockout. Such
5 boxer shall receive an EEG within 24 hours of the knockout.
6 Section 509. Examinations.
7 (a) Prefight physical.--
8 (1) In addition to any other examination required by
9 this act or the rules and regulations promulgated hereunder,
10 each boxer must be examined by the attending physician within
11 two hours before he enters the ring. If, in the opinion of
12 the physician, any boxer is physically or mentally unfit to
13 proceed, the physician shall notify the person in charge, who
14 shall immediately cancel the contest or exhibition.
15 (2) This required examination shall conform to the rules
16 and regulations promulgated by the commission.
17 (b) Postfight physical.--In addition to the examination
18 required in this act, every boxer shall be examined by a
19 physician designated by the director during the five days
20 following every contest or exhibition in which he was a
21 participant. Such examination shall be performed at the expense
22 of the promoter.
23 (c) Filing of results of physicals.--The results of the
24 examinations required by this section shall be reduced to
25 writing by the physician, signed by him and filed with the
26 commission within 48 hours after they have been performed.
27 Section 510. Weights and classes.
28 The commission shall establish classes of boxers by rules and
29 regulations promulgated under this act. Such classes shall be
30 based upon weights.
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1 Section 511. Limitation on difference in weights.
2 No contest or exhibition shall be lawful in which the
3 difference in weight of the participants exceeds ten pounds.
4 This limitation shall not apply to contests or exhibitions
5 between participants in the light-heavyweight and heavyweight
6 classes, as defined by the commission, nor to exhibitions held
7 solely for training purposes.
8 Section 512. Gloves.
9 (a) General rule.--All boxers licensed under this act shall
10 be required to use thumbless or thumb-attached gloves. The
11 appropriate weight boxing gloves shall be worn by boxers as
12 follows:
13 (1) One hundred thirty-five pounds or under, boxing
14 gloves weighing not less than five ounces each.
15 (2) Over 135 pounds but not exceeding 160 pounds, boxing
16 gloves weighing not less than six ounces each.
17 (3) Over 160 pounds, boxing gloves weighing not less
18 than ten ounces each.
19 (b) Penalty.--A violation of this section may subject the
20 participant, promoter and/or manager to suspension of not less
21 than 30 days or revocation of their licenses, at the discretion
22 of the commission, pursuant to section 1504.
23 Section 513. Duration of boxing bouts; length of rounds.
24 (a) Length of contest.--No boxing contest or exhibition
25 shall be more than 12 rounds in length, except for championship
26 contests sanctioned by recognized international or national
27 authorities, which may be up to 15 rounds in length.
28 (b) Duration of round.--No round shall be more than three
29 minutes in duration.
30 (c) Mandatory rest period.--There shall be at least a one
19890S0971B1829 - 15 -
1 minute rest between consecutive rounds.
2 (d) Limitation on participation.--No boxer shall participate
3 in, nor be scheduled to participate in, more than 15 rounds
4 within 72 consecutive hours.
5 (e) Limitation on rounds.--The commission may, in respect to
6 any contest or exhibition or in respect to any class of
7 participants, limit the number of rounds in a contest or
8 exhibition to less than the maximum of 15 rounds.
9 Section 514. Attendance of referee and judges; scoring.
10 (a) Referee.--At each professional boxing contest or
11 exhibition, except an exhibition held solely for training
12 purposes, there shall be in attendance, at the expense of the
13 promoter, a duly licensed referee designated by the director,
14 who shall direct and control the contest or exhibition.
15 (b) Judges.--There shall also be in attendance at every
16 boxing contest, at the expense of the promoter, two licensed
17 judges, each of whom shall, together with the referee, render
18 his individual decision, in writing, on a scorecard supplied by
19 the director at the end of every boxing contest which continues
20 for the scheduled number of rounds. Each judge and the referee
21 shall have one vote, and a majority of the votes cast shall
22 determine the winner.
23 (c) Scoring.--The commission shall by rule or regulation
24 prescribe the methods of scoring.
25 Section 515. Seconds.
26 Before the start of any boxing contest or exhibition, the
27 referee shall ascertain from each participant the name of the
28 chief second. The chief second shall be held responsible for the
29 conduct of his assistants during the contest or exhibition.
30 Section 516. Duty of disclosure.
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1 Every licensee shall, immediately after learning thereof,
2 disclose to the director or his designee, or to the official in
3 charge or the attending physician or referee if one of these
4 persons is in attendance at any contest or exhibition, all
5 knowledge or information in his possession concerning any mental
6 or physical disability, injury, illness or incapacity of any
7 boxer.
8 Section 517. Sham or collusive contest prohibited.
9 (a) General rule.--No licensee or other person shall
10 knowingly conduct, give, participate in or be in any way
11 connected with any sham or collusive boxing contest.
12 (b) Reports.--Any licensee who knows or has reason to
13 suspect that a boxing contest is, was or is going to be a sham
14 or collusive contest shall have a duty to promptly report this
15 to the director or his designee or a representative thereof.
16 Such a report shall be in writing or, if oral, shall be reduced
17 to writing and shall contain all of the reporter's reasons for
18 the conclusions set forth in his report.
19 (c) Definition.--A sham or collusive contest is one in which
20 one or both of the participants does not use his best efforts
21 and skill or does not strive earnestly in good faith to win. It
22 includes, but is not limited to, any pseudo contest, the result
23 of which has been prearranged or any pseudo contest in which
24 either participant does not, is not going to, or is unable to
25 use or is prevented from using his best efforts and skill as a
26 result of coercion, bribery, duress, threats, reward or promise
27 thereof, physical incapacity or disability, suggestion or
28 agreement, or any other improper or unlawful means.
29 (d) Penalty.--A violation of this section shall constitute a
30 misdemeanor of the third degree.
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1 Section 518. Minimum purses for boxers.
2 No purse less than $50 shall be paid by the promoter to any
3 professional boxer for any contest or exhibition, other than a
4 training exhibition.
5 Section 519. Distribution of purses to boxers; statements.
6 (a) Promoter distribution.--Unless otherwise directed by the
7 director, all boxing purses shall be distributed by the promoter
8 not later than 24 hours after the conclusion of the contest or
9 exhibition for which the purse is being paid. A written
10 statement showing the distribution of the purse, including each
11 item of receipt and each expenditure or deduction, shall be
12 furnished to the boxer and his manager, together with his share
13 of the purse, and a copy thereof certified by the promoter to be
14 true and correct shall be filed in the office of the director.
15 Receipted vouchers for every expenditure or deduction shall be
16 attached to the copy filed with the department.
17 (b) Manager distribution.--Unless otherwise directed by the
18 director, every manager shall furnish a statement of
19 distribution to the boxer he manages, together with the boxer's
20 share of the purse, not later than 24 hours after he receives
21 the purse and statement from the promoter. A copy thereof,
22 certified by the manager to be true and correct, shall be filed
23 in the office of the department, and it shall have attached to
24 it receipted vouchers for every expenditure or deduction made by
25 the manager.
26 Section 520. Withholding of moneys.
27 (a) General rule.--The commission shall have the power to
28 order the promoter to withhold any purse, or any part thereof,
29 or any receipts or other funds belonging to or payable to any
30 contestant or for which any contestant is competing or of any
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1 manager's share of, if it should appear that such contestant is
2 not competing honestly or is intentionally not competing to the
3 best of his ability and skill, or if it should appear that the
4 contestant, his manager or any of his seconds has violated any
5 provision of this act or the rules and regulations promulgated
6 under this act.
7 (b) Escrow.--The commission shall have the power to order
8 that the gross receipts shall be withheld and placed in escrow
9 if it should appear that the act has been violated.
10 Section 521. Hearing regarding withheld purse.
11 (a) Delivery to commission.--Any purse, or portion thereof,
12 so withheld shall be delivered by the promoter to the commission
13 within 48 hours after the end of the contest.
14 (b) Request for hearing.--Within ten days after the end of
15 the contest, the licensee from whom the sum was withheld shall
16 have the right to apply in writing to the commission for a
17 hearing. Upon receipt of such application, the commission shall
18 fix a date for a hearing.
19 Section 522. Hearing, disposition of withheld purse.
20 (a) General rule.--Within a reasonable time after the
21 hearing or after the expiration of ten days following the
22 contest, if no application for a hearing is filed, the
23 commission shall determine the disposition to be made of the
24 withheld purse.
25 (b) Withholding.--If the commission finds the charge or
26 charges upon which the withholding order was based to be true
27 and to be sufficient lawful reason upon which to base such an
28 order, it may, in its discretion, declare the funds withheld, or
29 any part thereof, forfeited.
30 (c) Distribution.--If the commission finds the charge or
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1 charges to be untrue or not to be sufficient lawful reason upon
2 which to base a withholding order, it shall distribute the
3 withheld funds to the persons entitled thereto.
4 Section 523. Payments regulated.
5 (a) General rule.--No promoter or foreign copromoter shall
6 pay, lend or give any money to a contestant before any boxing
7 contest as an advance against his purse or for a similar
8 purpose. A promoter may, with the prior written permission of
9 the commission, pay or advance to a contestant necessary
10 expenses for transportation and maintenance in preparation for a
11 contest.
12 (b) Forfeiture of purse.--If a contestant's purse is
13 forfeited, the commission may include such payments or advances
14 as part of the forfeiture, and, if he does not forward such
15 amount to the department, it may be recovered in the same manner
16 as a debt due the Commonwealth.
17 Section 524. Insurance.
18 The commission may, by rules and regulations, require
19 licensed boxers to be covered by insurance for:
20 (1) Medical, surgical and hospital care resulting from
21 injuries sustained while preparing for or engaged in boxing
22 contests or exhibitions with the insured being the
23 beneficiary of such policies.
24 (2) Life, providing for payments to the estates or
25 beneficiaries of deceased boxers where death was caused by
26 injuries received while preparing for or engaged in boxing
27 contests or exhibitions.
28 The premiums for such insurance shall be paid by the insured's
29 manager.
30 CHAPTER 7
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1 SAFETY REGULATIONS
2 Section 701. Mandatory eight count.
3 Whenever a boxer is knocked down, the boxer shall be required
4 to take a count of eight. The referee shall not permit the
5 contest or exhibition to be resumed until the count of eight has
6 actually been reached, except in professional championship
7 boxing contests and exhibitions.
8 Section 702. Knockout.
9 When a boxer is actually knocked out, the referee shall count
10 to ten, and shall not stop the count earlier and record a
11 technical knockout.
12 Section 703. Physician at knockout.
13 When a boxer has been knocked out, no one shall touch him,
14 except to remove his mouth protector, until after the attending
15 physician has entered the ring and issued such instructions as
16 he deems necessary.
17 Section 704. Ring padding.
18 All ring padding shall be subject to approval of the
19 commission. All padding shall be of soft felt, foam rubber or
20 similar material and shall be at least two inches thick.
21 Section 705. Boxer knocked unconscious.
22 A boxer who has been knocked unconscious or who has received
23 a concussion shall not be allowed to box again for 90 days, and
24 then only after having been pronounced fit after a thorough
25 physical examination by a physician.
26 Section 706. Boxer repeatedly knocked out.
27 A boxer who has been knocked out or severely beaten shall be
28 retired and not permitted to box again if, after subjecting him
29 to a thorough examination by a physician, the commission decides
30 such action is necessary in order to protect the health and
19890S0971B1829 - 21 -
1 welfare of the boxer.
2 Section 707. Six consecutive defeats.
3 A boxer who has suffered six consecutive defeats shall be
4 investigated by the commission and examined by a physician.
5 CHAPTER 9
6 LICENSES AND PERMITS
7 Section 901. Power of commission to issue, withhold, suspend or
8 revoke licenses and permits.
9 The commission is hereby granted sole control, authority and
10 jurisdiction to issue, withhold, suspend or revoke any license
11 or permit provided for in this act.
12 Section 902. Promoters' licenses.
13 No promoter shall, either directly or indirectly, conduct,
14 hold or promote any professional boxing contest or exhibition
15 unless he has first procured a promoter's license from the
16 commission. A violation of this section may subject the promoter
17 to suspension of not less than 30 days or revocation of his
18 license at the discretion of the commission pursuant to section
19 1504.
20 Section 903. Representative managers' licenses.
21 (a) General rule.--Before acting as such, every
22 representative manager shall procure a manager's license. He
23 shall file with the department the name of each boxer whom he
24 represents, together with a written consent from each such boxer
25 and his manager authorizing him to transact business for such
26 manager or boxer or to act as or for the manager of such boxer.
27 (b) Presumption.--Every person other than the manager of a
28 professional boxer who performs any of the acts usually
29 performed by the manager or who aids, assists or substitutes for
30 the manager or who uses a licensed manager to conceal his own
19890S0971B1829 - 22 -
1 actions as a manager shall be considered a representative
2 manager.
3 (c) Penalty.--A violation of this section may subject the
4 manager to suspension of not less than 30 days or revocation of
5 his license at the discretion of the commission pursuant to
6 section 1504.
7 Section 904. Foreign copromoters to procure permits.
8 (a) General rule.--No foreign copromoter shall directly or
9 indirectly participate in the promotion of or receive any
10 remuneration from or render any services in connection with any
11 professional boxing contest or exhibition held within this
12 Commonwealth unless he has first been granted a permit therefor
13 by the commission. No promoter shall be associated with any
14 foreign copromoter in promoting any contest or exhibition unless
15 the foreign copromoter has first secured a permit. A foreign
16 copromoter by accepting a permit agrees to be subject to all the
17 provisions of this act and the rules and regulations promulgated
18 under this act.
19 (b) Penalty.--A violation of this section may subject the
20 promoter and/or foreign copromoter to suspension of not less
21 than 30 days or revocation of his license or permit at the
22 discretion of the commission pursuant to section 1504.
23 Section 905. Other licenses required.
24 (a) Other licenses.--No professional boxer, manager, second,
25 trainer, matchmaker, timekeeper, referee, judge, announcer,
26 physician, booking agent or agency or representative of a
27 booking agent or agency shall directly or indirectly act in such
28 capacity in connection with any professional boxing contest or
29 exhibition unless he has first procured a license to act in such
30 a capacity from the commission.
19890S0971B1829 - 23 -
1 (b) Penalty.--A violation of this section may subject the
2 boxer, manager, seconds, trainer, matchmaker, timekeeper,
3 referee, judge, announcer, physician, booking agent or agency or
4 representative of a booking agent or agency to suspension of not
5 less than 30 days or revocation of their licenses at the
6 discretion of the commission pursuant to section 1504.
7 Section 906. Permits required.
8 In addition to the promoter's license, each promoter shall be
9 required to procure a permit for each program of contests or
10 exhibitions before presenting that program. Each application for
11 a permit shall specify the premises where and time when the
12 program is to be held.
13 Section 907. Permits for amateurs.
14 (a) Permit required.--Except as otherwise provided in this
15 act, no amateur boxing contest or exhibition shall be held
16 without a permit having been first secured from the department.
17 (b) Eligibility.--Permits for amateur boxing contests or
18 exhibitions shall be issued only to bona fide recognized amateur
19 athletic associations, nonprofit organizations or other groups
20 or individuals approved by the commission.
21 (c) Miscellaneous.--Permits under this section may be issued
22 for a single contest or exhibition, a series of contests or
23 exhibitions, or for a period not exceeding one year. The
24 commission may issue amateur permits without charging any fee or
25 for a fee of $5 per permit.
26 Section 908. Restrictions.
27 No officer, director, stockholder or employee of a licensed
28 promoter shall have any other interest in any professional boxer
29 or professional contests or exhibitions except as a matchmaker.
30 Section 909. Permits not to be issued.
19890S0971B1829 - 24 -
1 No permit shall be issued for the holding of any boxing
2 contest or exhibition within any political subdivision of this
3 Commonwealth which has adopted, or which adopts, any local
4 ordinance or resolution prohibiting such contests or exhibitions
5 within its limits.
6 Section 910. Standards for the issuance of licenses and
7 permits.
8 (a) Consideration.--In determining whether to issue or renew
9 any license or permit, the commission shall consider the best
10 interest and welfare of the public, the preservation of the
11 safety and health of participants and the best interests of
12 boxing generally.
13 (b) Prerequisites.--Before being granted any permit or
14 license, the applicant must establish that the applicant is:
15 (1) Of a good moral character.
16 (2) Of good reputation.
17 (3) Physically fit and mentally sound.
18 (4) Skilled in his profession.
19 (5) Of requisite age and experience.
20 (6) Not addicted to the intemperate use of alcohol or to
21 the use of narcotic drugs.
22 In the case of a corporate applicant, these factors shall be
23 considered with reference to its officers, directors, employees
24 and principal stockholders.
25 Section 911. Duration of license.
26 Each license issued under this act shall expire on December
27 31 next following the date on which it was issued.
28 Section 912. Applications for licenses and permits.
29 Every application for a license or a permit shall:
30 (1) Be in writing on a form supplied by the commission.
19890S0971B1829 - 25 -
1 (2) Be verified by the applicant.
2 (3) Set forth such information and have attached thereto
3 such photographs and other exhibits as are required by this
4 act, the rules and regulations promulgated under this act,
5 and the form of application.
6 Section 913. Oral examinations.
7 The commission shall have the right to require any applicant
8 for a license or permit, or in the case of a corporate
9 applicant, any officer, director, employee or stockholder
10 thereof, to appear before the commission for an oral
11 examination, under oath, as to qualifications of the applicant
12 before taking actions on that application.
13 Section 914. License fees.
14 The annual license fees which shall accompany each
15 application for a license or the renewal of a license shall be
16 fixed by commission regulation.
17 Section 915. Permit fees.
18 (a) General rule.--The required fees, based upon the seating
19 capacity of the premises where the program is to be presented,
20 shall accompany each application for a permit to present a
21 program of contests or exhibitions. The amount of the fee shall
22 be fixed by commission regulation.
23 (b) Foreign copromoter permit.--The fee for the issuance of
24 a foreign copromoter's permit for each program of contests or
25 exhibitions shall be fixed by commission regulation.
26 Section 916. Additional license fees; penalties.
27 (a) Gross receipts fees.--In addition to the payment of any
28 other fees and moneys due under this act, every promoter shall
29 pay an additional license fee of 5% of the total gross receipts
30 of any boxing contest or exhibition, exclusive of any Federal
19890S0971B1829 - 26 -
1 tax or any tax imposed by any political subdivision of this
2 Commonwealth which was paid thereon. For the purposes of this
3 section, total gross receipts of every promoter upon which the
4 5% is to be computed shall include the gross price chargeable
5 for the sale, lease or other exploitation of broadcasting,
6 television and motion picture rights of such contest or
7 exhibition without any deductions whatsoever for commissions,
8 brokerage fees, distribution fees, advertising or other expenses
9 or charges in respect thereto. Gross receipts, for the purposes
10 of this section, shall also include the face value of all
11 tickets sold and complimentary tickets issued.
12 (b) Time period for payment.--The payment of the additional
13 license fee provided for in this section shall be made within 48
14 hours after the contest or exhibition and shall be accompanied
15 by a form prescribed by the Department of Revenue setting forth
16 the gross receipts received from the contest or exhibition,
17 together with such other information as the Department of
18 Revenue may require.
19 (c) Collection of fee.--The additional license fee provided
20 for in this section shall be collected by the department and
21 transmitted to the Department of Revenue, together with the
22 reports filed therewith.
23 (d) Penalties.--
24 (1) Any promoter who willfully makes a false and
25 fraudulent report under this section commits perjury, and
26 shall, upon conviction, be subject to punishment as provided
27 by law. Such penalty shall be in addition to any other
28 penalties imposed by this act.
29 (2) Any promoter who willfully fails, neglects or
30 refuses to make a report, or to pay the license fees as
19890S0971B1829 - 27 -
1 herein prescribed, or who refuses to permit the department to
2 examine the books, papers and records of any promotion
3 commits a misdemeanor of the third degree and may be subject
4 to suspension or loss of his license at the discretion of the
5 commission.
6 CHAPTER 11
7 CONTRACTS, ADVERTISING, TICKETS AND SPECTATORS
8 Section 1101. Commission control of contracts.
9 The commission, with the approval of the department, is
10 required to promulgate rules and regulations governing the form
11 and content of all contracts entered into between or among
12 promoters and foreign copromoters and professional boxers and
13 managers and all contracts between managers and professional
14 boxers. All contracts required under the provisions of this act
15 shall be in writing.
16 Section 1102. Contracts subject to law.
17 Every contract subject to the provisions of this chapter
18 shall contain the following clause:
19 This agreement is subject to the provisions of this act
20 and to the rules and regulations of the Department of
21 State, and to any future amendments of either of them.
22 Section 1103. Provisions in contracts between managers and
23 professional boxers.
24 (a) General provisions.--Every contract between a manager
25 and a professional boxer shall contain provisions governing its
26 duration, division of the boxer's purses and the minimum sum to
27 be guaranteed annually to the boxer by the manager.
28 (b) Termination of contract.--Each contract shall further
29 provide that the contract shall be automatically terminated if
30 the license of either party is revoked by the commission or if
19890S0971B1829 - 28 -
1 the manager fails to renew his license within 30 days after its
2 expiration. If the license of either party is suspended, the
3 contract shall not be binding upon the other party during the
4 period of such suspension.
5 Section 1104. Approval of contracts.
6 No contract between a manager and a professional boxer shall
7 be legally valid and binding until both parties to the contract
8 have appeared before the commission and have received its
9 approval which shall be endorsed on the contract.
10 Section 1105. Tickets.
11 (a) Scheduled date and price.--Every ticket of admission to
12 a boxing contest or exhibition shall clearly show on its face
13 the scheduled date of the contest or exhibition and its purchase
14 price, including any taxes thereon.
15 (b) Price limitation.--No ticket shall be sold by any
16 promoter or foreign copromoter for more than the price printed
17 thereon.
18 (c) Anti-scalping provision.--No other person shall sell any
19 ticket for more than 50¢ in excess of the price printed on the
20 ticket. No licensee under this act shall directly or indirectly
21 receive any part of any excess price.
22 (d) Numbering of tickets.--Tickets in each price range shall
23 be consecutively numbered, and the number of each ticket shall
24 be clearly printed on both the stub and main portion of the
25 ticket.
26 (e) Schedule of tickets.--A schedule of the numbers of all
27 tickets in each price range shall be furnished to the
28 department.
29 Section 1106. Misdemeanor to destroy tickets.
30 Except upon receipt of prior written authorization from the
19890S0971B1829 - 29 -
1 department, it shall be a misdemeanor of the second degree for
2 any promoter or person associated with or employed by any
3 promoter to destroy any ticket or ticket stub, whether sold or
4 unsold, within six months after the date of any contest or
5 exhibition.
6 Section 1107. Ticket refunds.
7 (a) Full refund.--Upon postponement or cancellation of the
8 main event or the entire program of contests or exhibitions, the
9 promoter shall refund the full purchase price of each ticket to
10 any person who presents such ticket for a refund within 30 days
11 after the scheduled date of the event. Within 10 days after the
12 expiration of this 30-day period, the promoter shall pay all
13 unclaimed ticket receipts to the department. The department
14 shall hold these funds for a period of one year for the purpose
15 of making additional refunds. Thereafter, the department shall
16 pay all remaining moneys from such ticket sale to the State
17 Treasurer for deposit into the General Fund, without escheat.
18 (b) Forfeiture of security.--Failure of any promoter or
19 foreign copromoter to comply with the provisions of subsection
20 (a) shall be sufficient cause to warrant a forfeiture of his
21 bond, or other security, and an imposition of a penalty or
22 suspension or revocation of his license by the department as
23 provided in this act.
24 (c) Pro rata refunds.--From the fund produced by the
25 forfeiture, pro rata refunds shall be made by the department to
26 persons who purchased tickets, in accordance with the provisions
27 of subsection (a).
28 Section 1108. Advertising matter to state admission price.
29 Each showcard, bill, poster, newspaper or any other
30 advertisement of any contest or exhibition shall contain a
19890S0971B1829 - 30 -
1 schedule of admission prices and a conspicuous statement of
2 whether a contest or exhibition is being presented. Failure to
3 comply with the provisions of this section shall constitute
4 grounds for the suspension or revocation of the promoter's
5 license.
6 Section 1109. Admissions not to exceed seating capacity.
7 It shall be a misdemeanor of the third degree for any
8 promoter to admit to any contest or exhibition more persons than
9 there are seats in the place where the contest or exhibition is
10 being held.
11 Section 1110. Age of spectators.
12 No minor 16 years of age or under shall be permitted to
13 attend any boxing contest or exhibition unless accompanied by an
14 adult.
15 CHAPTER 13
16 BONDS, APPLICATIONS AND FEES
17 Section 1301. Promoters and foreign copromoters required to
18 file bonds.
19 (a) General rule.--Before any license or renewal of a
20 license is issued to a promoter and before any permit is issued
21 to a foreign copromoter, he shall be required to execute and
22 file a surety bond with the department in such reasonable
23 amount, but not less than $3,000, as the department shall
24 determine.
25 (b) Form of bond.--All such bonds shall be upon forms
26 supplied by the department, which shall have first adopted them
27 with the approval of the Office of Attorney General.
28 (c) Approval of sureties.--The sufficiency of the sureties
29 shall be subject to approval of the department and the Office of
30 Attorney General.
19890S0971B1829 - 31 -
1 (d) Conditions.--The surety bond shall be conditioned upon
2 the faithful performance by the promoter or foreign copromoter
3 of his obligations under this act and the rules and regulations
4 promulgated pursuant hereto, including, but not limited to, the
5 fulfillment of his contractual obligations to contestants,
6 managers and other licensees, and the payment of all license and
7 permit fees provided for in this act. The aggregate annual
8 liability of the surety for all obligations and fees shall in no
9 event exceed the amount of the bond.
10 Section 1302. Deposit in lieu of surety bond.
11 In lieu of the surety bond required by section 1101, the
12 promoter may deposit with the department cash, a certified
13 check, or direct obligations of the United States or the
14 Commonwealth of Pennsylvania acceptable to the department, in an
15 equivalent amount and subject to the same conditions. Such
16 security shall not be returned to the promoter until one year
17 after the date on which it was deposited with the department,
18 unless a surety bond is substituted for the security. After the
19 expiration of one year from the date on which the security was
20 deposited, if no claim against the deposit is outstanding, it
21 shall be returned to the depositor.
22 Section 1303. Filing fee.
23 A filing fee fixed by the department shall accompany each
24 bond filed or cash or security deposited in lieu of the bond
25 under the provisions of this act.
26 Section 1304. Recovery on bond.
27 Recovery may be had on such bond or against such deposit of
28 cash or security in the same manner as penalties are recoverable
29 at law.
30 Section 1305. Application and fees.
19890S0971B1829 - 32 -
1 (a) Fee.--An application for a permit or license shall be
2 accompanied by a nonrefundable application fee in an amount
3 established by the commission by regulation. If the revenues
4 generated by fees, fines and civil penalties imposed in
5 accordance with the provisions of this act are not sufficient to
6 match expenditures over a two-year period, the commission shall
7 increase those fees by regulation such that the projected
8 revenues will meet or exceed projected expenditures. If the
9 Department of State determines that fees and/or fines
10 established by the commission are inadequate to meet the minimum
11 enforcement efforts required by this act, then the department,
12 after consultation with the commission, shall increase the fees
13 and/or fines by regulations, subject to review in accordance
14 with the Independent Regulatory Review Act, such that adequate
15 revenues are raised to meet the minimum enforcement efforts
16 required under this act.
17 (b) Affidavit.--Each application shall be accompanied by an
18 affidavit or affirmation of the applicant as to its verity.
19 (c) Disposition and use of fees.--Fees shall be collected by
20 the commission and shall be paid into the Athletic Commission
21 Augmentation Account.
22 CHAPTER 15
23 HEARINGS AND TEMPORARY SUSPENSIONS
24 Section 1501. Commission hearings.
25 The commission shall conduct all hearings under the
26 provisions of Title 2 of the Pennsylvania Consolidated Statutes
27 (relating to administrative law and procedure), and must conduct
28 a hearing within ten business days from the time any
29 recommendation is made by the director that a permit or license
30 be suspended or revoked.
19890S0971B1829 - 33 -
1 Section 1502. Subpoenas.
2 The commission may issue subpoenas in connection with the
3 investigations, requiring the attendance and testimony of or the
4 production of books and papers by any licensee or other person
5 whom the commission believes to have information, books or
6 papers of importance to it in making the investigation.
7 Section 1503. Temporary suspension of licenses or permits.
8 (a) General rule.--The commission shall have the power, upon
9 its own motion or upon the verified written complaint of any
10 person charging a licensee or permittee with violating any
11 provision of this act or the rules and regulations promulgated
12 under this act, to suspend temporarily any license or permit
13 until final determination by the commission, when such action is
14 necessary to protect the public welfare and the best interests
15 of boxing.
16 (b) Meetings.--Upon the oral or written agreement of two
17 members of the commission, the commission may conduct meetings
18 under subsection (a) by voice or video electronic means, if the
19 subject matter of the meeting is so compelling or timely that
20 considering the matter at the commission's next regular meeting
21 would render any decision moot, adversely affect the rights of
22 the aggrieved parties under this act or threatens the safety or
23 physical health of participants. A stenographic record of such
24 meetings shall be made and maintained by the commission and be
25 made available to the parties upon request.
26 (c) Hearing date.--The commission shall hold a hearing
27 within ten business days after the date on which the license or
28 permit was suspended temporarily at which time reasonable
29 efforts shall be made for the affected parties and the
30 commission to be physically present.
19890S0971B1829 - 34 -
1 Section 1504. Suspension or revocation of licenses.
2 (a) Power to suspend or revoke.--The commission shall have
3 the power to suspend or revoke a license or permit in any case
4 where the commission finds that the licensee or permittee:
5 (1) Is guilty of gross immorality.
6 (2) Is unfit or incompetent by reason of negligence or
7 habits.
8 (3) Is guilty of violating any provision of this act or
9 of the rules and regulations of the department.
10 (4) Has committed fraud or deceit in securing his or
11 another's license or permit.
12 (5) Has been convicted of, or pleaded guilty or entered
13 a plea of nolo contendere to, or has been found guilty by a
14 judge or jury of, a crime in any jurisdiction within ten days
15 preceding the suspension or revocation.
16 (6) Is an habitual drunkard, or is addicted to the use
17 of morphine, cocaine or other drugs having a similar effect.
18 (7) Is or has become mentally incompetent.
19 (8) Has been guilty of unprofessional or unethical
20 conduct, or such conduct as to require a suspension or
21 revocation in the public interest.
22 (9) Has made a misstatement of a material fact or
23 fraudulently concealed a material fact, or has induced, aided
24 or abetted any other person in misstating or concealing any
25 material fact in any application or other proceeding under
26 this act.
27 (10) Has failed to account for or pay over moneys
28 belonging to others which have come into his possession in
29 connection with a boxing contest or exhibition.
30 (11) Has failed to furnish to the proper party a copy of
19890S0971B1829 - 35 -
1 any contract or statement required by this act or the rules
2 and regulations promulgated under this act, or has breached
3 such a contract.
4 (12) Has paid or agreed to pay any money or article of
5 value to any person not having a license or a permit for
6 soliciting or for business secured or for rendering of any
7 service or the doing of any of the acts forbidden by this act
8 and the rules and regulations promulgated under this act.
9 (13) Has loaned his license or permit to another person
10 or has borrowed or used the license or permit of another.
11 (14) Is guilty of any form of pretense which might
12 induce the public or citizens to become a prey to
13 professional exploitation.
14 (15) Has employed a person who has not been issued a
15 license or permit when so required by law.
16 (16) Has failed to maintain in force the bond required
17 by this act or has failed to deposit with the department the
18 required cash, check or securities required in lieu of the
19 bond.
20 (17) Has by act or omission conducted himself in a
21 manner detrimental to the best interests of boxing generally
22 or to the public interest and general welfare.
23 (18) Is associating or consorting with criminals,
24 bookmakers, gamblers or persons of similar ill repute, or
25 with persons of no known or visible means of livelihood, or
26 is himself engaged or engaging in similar pursuits or
27 conduct.
28 (19) Has been disciplined in any manner by the
29 department or similar agency or body of any jurisdiction.
30 (20) Has failed to pay a fine or any part thereof
19890S0971B1829 - 36 -
1 imposed by this act.
2 (b) Meetings.--Upon the oral or written agreement of two
3 members of the commission, the commission may conduct meetings
4 under subsection (a) by voice or video electronic means, if the
5 subject matter of the meeting is so compelling or timely that
6 considering the matter at the commission's next regular meeting
7 would render any decision moot, adversely affect the rights of
8 the aggrieved parties under this act or threaten the safety or
9 physical health of participants. A stenographic record of such
10 meetings shall be made and maintained by the commission and be
11 made available to the parties upon request.
12 (c) Hearings.--Any licensee or permittee whose license or
13 permit is suspended or revoked pursuant to the provisions of
14 this section shall have a right to a hearing before the
15 commission within ten business days after the date on which the
16 license or permit was suspended or revoked.
17 CHAPTER 17
18 PENALTIES
19 Section 1701. Misdemeanors.
20 Any person convicted of any misdemeanor under Chapters 1
21 through 19 of this act shall be sentenced to pay a fine of not
22 more than $5,000, or to imprisonment, for not more than three
23 years, or both.
24 Section 1702. Fines.
25 The commission shall have the right to impose a fine of not
26 more than $5,000 for any violation of Chapters 1 through 19 of
27 this act or the rules and regulations promulgated under Chapters
28 1 through 19 of this act in addition to any other punishment
29 herein provided for such violation. Any licensee or permittee
30 upon whom a fine is imposed under this section shall have a
19890S0971B1829 - 37 -
1 right to a hearing before the commission within ten days after
2 the date on which the fine was imposed.
3 CHAPTER 19
4 FINANCIAL INTERESTS
5 Section 1901. Financial interest in boxer prohibited.
6 No licensed physician, referee, judge or promoter shall have
7 any direct or indirect financial or pecuniary interest in any
8 boxer. A violation of this section shall constitute a
9 misdemeanor of the third degree.
10 Section 1902. Financial interest in opponent prohibited.
11 No manager, trainer or second of any boxer shall have any
12 direct or indirect financial or pecuniary interest in the
13 opponent in any contest in which his own boxer participates. No
14 boxer shall have any direct or indirect financial or pecuniary
15 interest in his opponent in any contest. A violation of this
16 section shall constitute a misdemeanor.
17 Section 1903. Financial interest of matchmaker.
18 No matchmaker or promoter shall have any direct or indirect
19 financial or pecuniary interest in any boxer who is engaging in
20 a contest arranged by that matchmaker or promoter. A violation
21 of this section shall constitute a misdemeanor.
22 Section 1904. Rules and regulations.
23 The commission is hereby granted the power to promulgate
24 rules and regulations governing the presentation of professional
25 boxing and all matters pertaining thereto. Such rules and
26 regulations shall include those rules and regulations
27 specifically required by this act, together with such others as
28 the commission shall consider necessary in order to carry out
29 the provisions of this act.
30 CHAPTER 21
19890S0971B1829 - 38 -
1 PROHIBITED COMPETITIONS
2 Section 2101. Prohibited competitions.
3 (a) Offense defined.--A person commits a misdemeanor of the
4 first degree if he promotes, sponsors or participates in any
5 manner in the staging of, or the conduct of, any tough guy
6 contest or battle of the brawlers or in any similar competition.
7 (b) Application of section.--
8 (1) This section shall not apply to the news media,
9 including, but not limited to, television, radio, newspapers
10 and periodicals for their reporting activities relating to
11 tough guy contests or battles of the brawlers.
12 (2) This section shall not apply to amateur or
13 professional contests or exhibitions for which a permit has
14 been issued under Chapter 9 nor to professional wrestling
15 exhibitions, nor to contests staged in connection with
16 athletic training programs nor to amateur or professional
17 contests of the martial arts nor to any collegiate or
18 scholastic boxing, wrestling or martial arts contests.
19 (c) Definition.--As used in this section, the term "tough
20 guy contest" or "battle of the brawlers" means any competition
21 which involves any physical contact bout between two or more
22 individuals, who attempt to knock out their opponent by
23 employing boxing, wrestling, martial arts tactics or any
24 combination thereof and by using techniques, including, but not
25 limited to, punches, kicks and choking.
26 CHAPTER 31
27 MISCELLANEOUS PROVISIONS
28 Section 3101. Repeals.
29 (a) Specific repeals.--The following acts and parts of acts
30 are repealed:
19890S0971B1829 - 39 -
1 (1) Sections 427 and 2503 of the act of April 9, 1929
2 (P.L.177, No.175), known as The Administrative Code of 1929.
3 (2) Act of August 31, 1955 (P.L.531, No.131), known as
4 the Pennsylvania Athletic Code.
5 (b) Partial repeals.--Sections 202 and 207.1(d) of the act
6 of April 9, 1929 (P.L.177, No.175), known as The Administrative
7 Code of 1929, are repealed insofar as they relate to the State
8 Athletic Commission.
9 Section 3102. Transfer of functions, records, etc.
10 All allocations, appropriations, equipment, files, records,
11 contracts, agreements, obligations and other materials which are
12 used, employed or expended in connection with the powers, duties
13 or functions of the State Athletic Commission transferred by
14 this act to the commission, the director or the Department of
15 State are hereby transferred to the commission, the director or
16 the Department of State with the same force and effect as if the
17 allocations and appropriations had been made to and said items
18 had been the personnel and property of the commission in the
19 first instance and if the contracts, agreements and obligations
20 had been incurred or entered into by the department.
21 Section 3103. Status of existing licenses.
22 All licenses and permits issued pursuant to any act repealed
23 by this act, except with respect to professional and amateur
24 wrestling, shall continue with the same force and effect as if
25 such act had not been repealed, subject, however, to the power
26 of the commission, as provided in this act, to suspend or revoke
27 the license or permit of any such person for any of the causes
28 or reasons set forth in this act and subject to the power of the
29 commission to require any such person to obtain a license or
30 permit pursuant to this act.
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1 Section 3104. Effect of prior rules and regulations.
2 All rules and regulations made pursuant to any act repealed
3 by this act, except with respect to professional and amateur
4 wrestling, shall continue in full force and effect.
5 Section 3105. Saving clause.
6 The provisions of this act, so far as they are the same as
7 those of existing law, except with respect to amateur wrestling,
8 are intended to be a continuation of such existing law and not
9 as new enactments. The provisions of this act shall not affect
10 any act done, liability incurred, right accrued or vested or
11 suit or prosecution pending as of the effective date of this
12 act, or any action to enforce any right or penalty or punish any
13 offense under authority of such repealed laws.
14 Section 3106. Athletic Commission Augmentation Account.
15 Beginning July 1, 1989 and thereafter, all funds collected by
16 the Athletic Commission shall be paid into the Athletic
17 Commission Augmentation Account which is hereby created and
18 which shall be a special restricted receipts account within the
19 General Fund. This account shall be used only for the support
20 and operation of the commission unless a surplus arises after
21 two consecutive years, at which time the secretary shall
22 transfer any amount in excess of the commission's budget into
23 the General Fund.
24 Section 3107. Appropriation.
25 The sum of $350,000, or as much thereof as may be necessary,
26 is hereby appropriated from the General Fund to the Athletic
27 Commission in the Department of State for the payment of costs
28 of processing permits, licenses and renewals, for the operation
29 of the commission and for other general costs of the
30 commission's operations relating to this act. The appropriation
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1 granted shall be repaid by the commission within five years of
2 the beginning of issuance of licenses and permits under this
3 act.
4 Section 3108. Reestablishment of commission.
5 This act, with respect to the State Athletic Commission,
6 constitutes the legislation required to reestablish an agency
7 under the act of December 22, 1981 (P.L.508, No.142), known as
8 the Sunset Act.
9 Section 3109. Retroactivity.
10 Section 3108 shall be retroactive to December 31, 1988.
11 Section 3110. Effective date.
12 This act shall take effect immediately.
13 SECTION 1. SECTION 301(A) OF THE ACT OF JULY 1, 1989 <--
14 (P.L.136, NO.28), KNOWN AS THE ATHLETIC CODE, IS AMENDED TO
15 READ:
16 SECTION 301. STATE ATHLETIC COMMISSION.
17 (A) COMPOSITION.--THE COMMISSION SHALL BE COMPRISED OF
18 [THREE] FIVE MEMBERS APPOINTED BY THE GOVERNOR WITH THE ADVICE
19 AND CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE,
20 ONE OF WHOM SHALL BE A MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHY
21 LICENSED TO PRACTICE IN THIS COMMONWEALTH, WITH EXPERIENCE IN
22 SPORTS MEDICINE. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS
23 AS A CHAIRMAN FOR A TERM OF TWO YEARS. THE SECRETARY SHALL BE AN
24 EX OFFICIO MEMBER OF THE COMMISSION.
25 * * *
26 SECTION 2. THIS ACT SHALL NOT APPLY TO REGULATIONS WHICH ARE
27 DEPOSITED WITH THE LEGISLATIVE REFERENCE BUREAU PRIOR TO THE
28 EFFECTIVE DATE OF THIS ACT.
29 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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