A04146 Summary:

BILL NO    A04146A

SAME AS    SAME AS S01707-A

SPONSOR    Englebright

COSPNSR    Hevesi, Peoples-Stokes, Zebrowski, Rivera J, Linares, Simotas, Moya,
           Murray, Titus, Titone, Gabryszak

MLTSPNSR   Boyle, Braunstein, Crouch, Curran, Graf, Katz, Lupardo, McKevitt,
           Rabbitt, Raia, Saladino, Wright

Amd SS4, 5-a & 6, Chap 912 of 1920; amd SS451 & 452, Tax L

Establishes protocols for combative sports; authorizes mixed martial arts
events in this state; establishes procedures for applications for licenses;
establishes penalties for violations; imposes taxes on gross receipts of such
events.
Go to top

A04146 Actions:

BILL NO    A04146A

02/01/2011 referred to tourism, parks, arts and sports development
05/26/2011 amend and recommit to tourism, parks, arts and sports development
05/26/2011 print number 4146a
06/06/2011 reported referred to codes
06/13/2011 reported referred to ways and means
01/04/2012 referred to tourism, parks, arts and sports development
03/30/2012 enacting clause stricken
Go to top

A04146 Votes:

There are no votes for this bill in this legislative session.
Go to top

A04146 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4146A
 
SPONSOR: Englebright
  TITLE OF BILL: An act to amend chapter 912 of the laws of 1920 relat- ing to the regulation of boxing, sparring and wrestling, in relation to establishing protocols for combative sports and authorizing mixed martial arts events in this state; to amend the tax law, in relation to the imposition of a tax on the gross receipts of any person holding any professional or amateur boxing, sparring or wrestling match or exhibi- tion, or professional combative sports match or exhibition; and provid- ing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to ensure that the New York State Athletic Commission regularly updates the list of single discipline martial arts organizations that are approved by the commission to sanction martial arts matches or exhibitions; and to allow professional mixed martial arts to be permitted in this State and set forth the jurisdiction of the commission in regulating profes- sional mixed martial arts promotion, participants, bouts and exhibi- tions.   SUMMARY OF PROVISIONS: Section one of the bill amends subdivisions 2-6 of section 4 of chapter 912 of 1920 to give the NYSAC medical advi- sory board jurisdiction over professional combative sports participants. Section two of the bill amends subdivision 1 of section s-a of chapter 912 of the Laws of 1920 by expanding the term "martial arts" to include any professional match or exhibition that is sanctioned by an organiza- tion approved by the commission. Professional mixed martial arts is separated from single discipline martial arts and defined mixed martial arts and the jurisdiction of the New York State Athletic Commission (NYSAC) in relation to holding mixed martial arts exhibitions or bouts is set forth. This section also specifies that no nonprofessional or amateur bout, exhibition, or participant will be authorized by this bill. Section three of the bill amends chapter 912 of the Laws of 1920 as it relates to the jurisdiction of the NYSAC as it relates to mixed martial arts. Section four of the bill amends section 451 of the tax law to allow professional combative sports to be taxed on the gross receipts from ticket sales. Section five of the bill amends section 452 of the tax law to impose a 8.5% tax on receipts on ticket sales as well as 3% of gross receipts from broadcasting rights. Section six provides for an effective date of 90 days after it shall have become a law, and shall expire and be deemed repealed 3 years after it shall take effect.   JUSTIFICATION: Chapter 912 of 1920 needs to be amended to accomplish two goals. First, to allow single discipline martial arts organizations, that are not listed in the law, to have a process for the NYSAC to approve them as being able to hold martial arts bouts and exhibitions. Second, to allow the very popular and professional sport of mixed martial arts to legally take place in NYS. Thirty-one states currently allow mixed marital arts and the NYSAC needs to be properly empowered to maintain both the dignity of the sport and the best interest of the safety and welfare of the professional combative sports participants.   LEGISLATIVE HISTORY: 2007-08 A11458A 2009-10 A2009C referred to ways and means   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: 90 days after it becomes a law and expires and is repealed 3 years after it takes effect.
Go to top

A04146 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4146--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT,  BING,  HEVESI, PEOPLES-STOKES,
          ZEBROWSKI, J. RIVERA, SCHROEDER, LINARES,  SIMOTAS,  MOYA,  MURRAY  --
          Multi-Sponsored  by -- M. of A. BOYLE, CROUCH, CURRAN, KATZ, McKEVITT,
          RABBITT, RAIA, SALADINO, WRIGHT --  read  once  and  referred  to  the
          Committee  on Tourism, Parks, Arts and Sports Development -- committee

          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend chapter 912 of the laws of 1920 relating  to  the  regu-
          lation  of boxing, sparring and wrestling, in relation to establishing
          protocols for combative sports  and  authorizing  mixed  martial  arts
          events in this state; to amend the tax law, in relation to the imposi-
          tion  of a tax on the gross receipts of any person holding any profes-
          sional or amateur boxing, sparring or wrestling match  or  exhibition,
          or  professional  combative  sports match or exhibition; and providing
          for the repeal of such provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions 2, 3, 4, 5 and 6 of section 4 of chapter 912

     2  of the laws of 1920 relating to the regulation of boxing,  sparring  and
     3  wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of
     4  2002  and subdivisions 3, 4 and 5 as added by chapter 603 of the laws of
     5  1981, are amended to read as follows:
     6    2. The advisory board shall have power and it shall be the duty of the
     7  board to prepare and submit to the commission for  approval  regulations
     8  and  standards  for  the physical examination of professional boxers and
     9  professional combative sports participants  including,  without  limita-
    10  tion,  pre-fight  and/or post-fight examinations and periodic comprehen-
    11  sive examinations. The board shall continue  to  serve  in  an  advisory
    12  capacity  to  the commission and from time to time prepare and submit to
    13  the commission for approval, such additional regulations  and  standards

    14  of  examination as in their judgment will safeguard the physical welfare
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01323-04-1

        A. 4146--A                          2
 
     1  of professional boxers licensed by the commission.  The  advisory  board
     2  shall  recommend  to  the  commission  from  time to time such qualified
     3  physicians, for the  purpose  of  conducting  physical  examinations  of
     4  professional  boxers  and professional combative sports participants and
     5  other services as the rules of the commission shall provide;  and  shall
     6  recommend  to the commission a schedule of fees to be paid to physicians
     7  for such examinations and other services as required by this act.

     8    3. The advisory board  shall  develop  appropriate  medical  education
     9  programs  for all commission personnel involved in the conduct of boxing
    10  and sparring matches or exhibitions  or  professional  combative  sports
    11  matches or exhibitions so that such personnel can recognize and act upon
    12  evidence of potential or actual adverse medical indications in a partic-
    13  ipant prior to or during the course of a match or exhibition.
    14    4.  The advisory board shall review the credentials and performance of
    15  each commission physician on an annual basis as  a  condition  of  reap-
    16  pointment  of  each  such  physician,  including  each  such physician's
    17  comprehension of the medical literature on boxing or professional comba-
    18  tive sports referred to in subdivision five of this section.

    19    5. The advisory board shall recommend to the commission a  compilation
    20  of medical publications on the medical aspects of boxing or professional
    21  combative sports which shall be maintained by the commission and be made
    22  available for review to all commission personnel involved in the conduct
    23  of  any boxing or sparring match or exhibition or professional combative
    24  sports match or exhibition.
    25    6. The advisory board shall also advise the commission on any study of
    26  equipment, procedures or personnel which will, in their opinion, promote
    27  the safety of boxing  participants  and  professional  combative  sports
    28  participants.
    29    §  2.  Section  5-a of chapter 912 of the laws of 1920 relating to the
    30  regulation of boxing, sparring and wrestling, as added by chapter 14  of

    31  the laws of 1997, is amended to read as follows:
    32    § 5-a. Combative sports. 1. Definitions. As used in this section:
    33    (a)  "Board"  means  medical  advisory board as established in section
    34  four of this act.
    35    (b) A "combative sport" shall mean any professional match  or  exhibi-
    36  tion  other than boxing, sparring, wrestling or martial arts wherein the
    37  contestants deliver, or are not forbidden by the applicable rules there-
    38  of from delivering kicks, punches or blows of any kind to the body of an
    39  opponent or opponents. For  the  purposes  of  this  section,  the  term
    40  "martial  arts"  shall include any professional match or exhibition of a
    41  single discipline sanctioned by an organization approved by the  commis-

    42  sion, including, but not limited to, any of the following organizations:
    43  U.S.  Judo  Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae
    44  Kwon Do Union, North American Sport Karate  Association,  U.S.A.  Karate
    45  Foundation,  U.S.  Karate,  Inc., World Karate Association, Professional
    46  Karate Association, Karate International,  International  Kenpo  Associ-
    47  ation,  or  World  Wide Kenpo Association. The commission [is authorized
    48  to] shall promulgate regulations which  would  establish  a  process  to
    49  allow  for  the  inclusion or removal of martial arts organizations from
    50  the above list. Such process shall include but not be limited to consid-
    51  eration of the following factors:    [(a)]  (1)  is  the  organization's
    52  primary purpose to provide instruction in self defense techniques; [(b)]

    53  (2)  does  the  organization  require  the  use  of hand, feet and groin
    54  protection during any competition or bout; and [(c)] (3) does the organ-
    55  ization have an established set of  rules  that  require  the  immediate

        A. 4146--A                          3
 
     1  termination of any competition or bout when any participant has received
     2  severe punishment or is in danger of suffering serious physical injury.
     3    (c)  "Commission"  means the state athletic commission as provided for
     4  in section one of this chapter or an agent of the commission  acting  on
     5  its behalf.
     6    (d)  "Mixed  martial  arts"  means  any  professional combative sports
     7  competition wherein the rules of such competition subject to the  appli-

     8  cable  limitations as set forth by the commission authorize professional
     9  combative sports matches or exhibitions between various fighting  disci-
    10  plines,  including the utilization of permitted martial arts techniques,
    11  including  striking,  kicking  and  grappling.  No  non-professional  or
    12  amateur  bout,  exhibition  or  participant  shall be authorized by this
    13  section.
    14    (e) "Professional combative sports participant" or "participant" shall
    15  mean a combative sports fighter who competes for a money prize or teach-
    16  es or pursues or assists in the practice of  mixed  martial  arts  as  a
    17  means  of  obtaining  a  livelihood  or  pecuniary gain, and any contest
    18  conforming to the rules, regulations and requirements of this section.

    19    (f) "Professional combative sports match or exhibition" shall mean any
    20  match or exhibition that  must  be  approved  by  the  commission  where
    21  professional  combative sports participants receive consideration of any
    22  value or an admission is charged.
    23    1-a. Commission review. The commission shall review each martial  arts
    24  sanctioning  organization,  including those listed in subdivision one of
    25  this section, at least biennially, or  sooner  if  determined  necessary
    26  based  upon  the periodic compliance checks or complaints to the commis-
    27  sion, to  determine  continuation  of  the  commission's  approval.  The
    28  commission  shall  continue approval or shall suspend or revoke approval

    29  based upon compliance of the organization with the approved  sanctioning
    30  standards  and  its  ability  to  supervise  matches in the state.   The
    31  commission shall act upon any application for inclusion in the  list  in
    32  paragraph  (b)  of  subdivision one of this section within sixty days of
    33  the date such application is made to the commission.
    34    1-b. Mixed martial arts competition. The commission  shall  promulgate
    35  rules and regulations to allow for mixed martial arts competitions to be
    36  conducted,  held,  or given within the state of New York and shall allow
    37  for licenses to be approved by the commission for such matches or  exhi-
    38  bitions.  The  commission  is  authorized  to promulgate rules and regu-

    39  lations to carry out the provisions of this subdivision. Such rules  and
    40  regulations  shall  include,  but  not  be  limited  to, the adoption of
    41  unified rules of mixed martial arts, a licensing process for matches and
    42  exhibitions, a fee schedule for such licenses, procedures to  allow  for
    43  the participation, promotion, and advancement of such events, the health
    44  and safety of participants, and the best interests of mixed martial arts
    45  and  the  adoption of rules and regulations for licensing and regulation
    46  of any and all gyms, clubs, training camps and other organizations  that
    47  maintain  training facilities providing contact sparring for persons who
    48  prepare for participation in such professional combative sports or exhi-

    49  bitions, except as otherwise provided in this section.
    50    (b) The commission is authorized and  directed  to  require  that  all
    51  sites  wherein  professional combative sports are conducted shall comply
    52  with state and applicable local sanitary  codes  appropriate  to  school
    53  athletic facilities.
    54    2.  [No  combative  sport shall be conducted, held or given within the
    55  state of New York, and no licenses may be approved by the commission for
    56  such matches or exhibitions.

        A. 4146--A                          4

     1    3. (a) A person who knowingly advances or  profits  from  a  combative
     2  sport  activity  shall  be guilty of a class A misdemeanor, and shall be

     3  guilty of a class E felony if he or she has been convicted in the previ-
     4  ous five years of violating this subdivision.
     5    (b)  A  person  advances a combative sport activity when, acting other
     6  than as a spectator, he or she engages in conduct which materially  aids
     7  any combative sport. Such conduct includes but is not limited to conduct
     8  directed  toward  the creation, establishment or performance of a comba-
     9  tive sport, toward the acquisition or maintenance of premises, parapher-
    10  nalia, equipment or  apparatus  therefor,  toward  the  solicitation  or
    11  inducement of persons to attend or participate therein, toward the actu-
    12  al  conduct of the performance thereof, toward the arrangement of any of

    13  its financial or promotional phases, or toward  any  other  phase  of  a
    14  combative  sport.  One  advances a combative sport activity when, having
    15  substantial proprietary or other  authoritative  control  over  premises
    16  being  used  with his or her knowledge for purposes of a combative sport
    17  activity, he or she permits such to occur or continue or makes no effort
    18  to prevent its occurrence or continuation.
    19    (c) A person profits from a combative sport activity when  he  or  she
    20  accepts  or  receives money or other property with intent to participate
    21  in the proceeds of a combative sport activity, or pursuant to an  agree-
    22  ment  or understanding with any person whereby he or she participates or

    23  is to participate in the proceeds of a combative sport activity.
    24    (d) Any person who knowingly advances  or  profits  from  a  combative
    25  sport  activity  shall  also be subject to a civil penalty not to exceed
    26  for the first violation ten thousand dollars or twice the amount of gain
    27  derived therefrom whichever is greater, or for  a  subsequent  violation
    28  twenty  thousand  dollars  or twice the amount of gain derived therefrom
    29  whichever is greater.  The  attorney  general  is  hereby  empowered  to
    30  commence  judicial  proceedings  to recover such penalties and to obtain
    31  injunctive relief to enforce the provisions of  this  section.]  Profes-
    32  sional combative sports matches and exhibitions authorized. No combative

    33  sports  match or exhibition shall be conducted, held or given within the
    34  state except in accordance with the provisions of this section  and  the
    35  rules  and  regulations  promulgated by the commission pursuant thereto.
    36  The commission shall direct a representative to be present at each place
    37  where combative sports are to be held pursuant to the provisions of this
    38  section.  Such  representative  shall  ascertain  the  exact  conditions
    39  surrounding  such  match  or exhibition and make a written report of the
    40  same in the manner and form prescribed by the commission. Such combative
    41  sports matches or exhibitions may be held in any building for which  the
    42  commission  in  its  discretion may issue a license. Where such match or

    43  exhibition is authorized to be held in a state or city owned armory, the
    44  provision of the military law in respect thereto must be complied  with,
    45  but  no such match or exhibition shall be held in a building wholly used
    46  for religious services.
    47    3. Jurisdiction of commission. (a) The commission shall have and here-
    48  by is vested with the sole direction, management, control and  jurisdic-
    49  tion over all professional combative sports matches or exhibitions to be
    50  conducted,  held  or  given  within  the  state of New York and over all
    51  licenses to any and all persons who participate in such combative sports
    52  matches or exhibitions and over any and all gyms, clubs, training  camps
    53  and  other  organizations  that  maintain  training facilities providing

    54  contact sparring for persons  who  prepare  for  participation  in  such
    55  professional  combative  sports  or  exhibitions,  except  as  otherwise
    56  provided in this section.

        A. 4146--A                          5
 
     1    (b) The commission is authorized and  directed  to  require  that  all
     2  sites  wherein  professional combative sports are conducted shall comply
     3  with state and applicable local sanitary  codes  appropriate  to  school
     4  athletic facilities.
     5    4.  Entities  required  to  procure  licenses;  professional combative
     6  sports participants defined. Except as otherwise provided in subdivision
     7  six of this section, all corporations, persons, limited liability compa-

     8  nies, referees, judges, corporation treasurers,  professional  combative
     9  sports  participants,  their  managers,  promoters,  trainers  and chief
    10  seconds shall be licensed by the commission, and no such entity shall be
    11  permitted to participate, either directly or indirectly, in any  profes-
    12  sional  combative  sports  match  or exhibition, or the holding thereof,
    13  unless such entity shall have first procured a license from the  commis-
    14  sion.  The  commission  shall establish by rule and regulation licensing
    15  standards for referees, judges, managers, promoters, trainers and  chief
    16  seconds.    Any match or exhibition conforming to the rules, regulations
    17  and requirements of this section shall be deemed to  be  a  professional

    18  combative sports match or exhibition.
    19    5.  License  to  entities.  (a) The commission may, in its discretion,
    20  issue a license to conduct or hold professional combative sports matches
    21  or exhibitions, subject to the provisions hereof, to any person,  corpo-
    22  ration or limited liability company duly incorporated or formed, herein-
    23  after referred to as "entity".
    24    (b) A prospective licensee must submit to the commission proof that it
    25  can furnish suitable premises in which such match or exhibition is to be
    26  held.
    27    (c)  Upon written application and the payment of a fee of five hundred
    28  dollars which must accompany the application, the commission  may  grant
    29  to any entity holding a license issued hereunder, the privilege of hold-

    30  ing such a match or exhibition on a specified date in other premises, or
    31  in  another  location, than the premises of location previously approved
    32  by the commission, subject however to approval of the commission and the
    33  rules and regulations of the commission.
    34    (d) All penalties imposed and collected by  the  commission  from  any
    35  entity licensed under the provisions of this act, which fines and penal-
    36  ties  are  imposed and collected under the authority hereby vested shall
    37  within thirty days after the receipt thereof by the commission  be  paid
    38  by them into the state treasury.
    39    6. Temporary working permits for professional combative sports partic-
    40  ipants,  managers,  trainers and chief seconds. The commission may issue

    41  temporary working permits to professional combative sports participants,
    42  their managers, trainers and chief seconds. A temporary  working  permit
    43  shall authorize the employment of the holder of such permit to engage in
    44  a  single match or exhibition at a specified time and place. A temporary
    45  working permit may be issued if in the judgment of  the  commission  the
    46  participation  of  the holder thereof in a professional combative sports
    47  match or exhibition will be consistent with the purposes and  provisions
    48  of  this  section, the best interests of combative sports generally, and
    49  the public  interest,  convenience  or  necessity.  The  commission  may
    50  require  that  professional  combative  sports participants applying for

    51  temporary working permits undergo a physical  examination,  neurological
    52  or  neuropsychological  test or procedure, including computed tomography
    53  or medically equivalent procedure. The fee for  such  temporary  working
    54  permit shall be twenty dollars.
    55    7.  License  fees;  term  of  licenses; renewals. Each applicant for a
    56  promoter license shall, before a license is issued  by  the  commission,

        A. 4146--A                          6
 
     1  pay  to  the  commission,  an  annual license fee as follows:  where the
     2  seating capacity is not  more  than  two  thousand  five  hundred,  five
     3  hundred  dollars;  where  the seating capacity is more than two thousand
     4  five  hundred  but  not  more  than five thousand, one thousand dollars;

     5  where the seating capacity is more than five thousand but not more  than
     6  fifteen  thousand,  one thousand five hundred dollars; where the seating
     7  capacity is more than fifteen thousand but  not  more  than  twenty-five
     8  thousand,  two thousand five hundred dollars; where the seating capacity
     9  is more than twenty-five thousand, three thousand five hundred  dollars;
    10  referee,  one hundred dollars; judges, one hundred dollars; professional
    11  combative sports participants, fifty dollars; managers,  fifty  dollars;
    12  trainers,  fifty dollars; and chief seconds, forty dollars. Each license
    13  or renewal thereof issued pursuant to this subdivision on or after Octo-
    14  ber first shall be effective for a license year expiring on the  thirti-

    15  eth  day  of  September  following  the date of its issuance. The annual
    16  license fee prescribed by this subdivision shall be the license fee  due
    17  and  payable  therefor and shall be paid in advance at the time applica-
    18  tion is made therefor, and each such license may be renewed for  periods
    19  of  one  year  upon  the payment of the annual license fee prescribed by
    20  this subdivision. Within three years from the date of payment  and  upon
    21  the  audit of the comptroller, the commission may refund any fee, unfor-
    22  feited posted guarantee or tax paid pursuant to this section, for  which
    23  no  license  is  issued or no service rendered or refund that portion of
    24  the payment that is in excess of the amount prescribed by statute.

    25    8. Application for license; fingerprints. (a) Every application for  a
    26  license shall be in writing, shall be addressed to the commission, shall
    27  be  subscribed  by  the applicant, and affirmed by him as true under the
    28  penalties of perjury, and shall set forth such facts as  the  provisions
    29  hereof and the rules and regulations of the commission may require.
    30    (b)  When an application is made for a license under this section, the
    31  commission may cause the fingerprints of  such  applicant,  or  if  such
    32  applicant  be  a corporation, of the officers of such corporation, or if
    33  such applicant be a limited  liability  company,  the  manager  of  such
    34  limited  liability company to be taken in duplicate. The applicant shall

    35  be responsible for the cost of having his fingerprints taken.   If  such
    36  fingerprints are taken, one copy shall be transmitted to the division of
    37  criminal  justice  services in accordance with the rules and regulations
    38  of the division of criminal justice services and  one  shall  remain  on
    39  file  in  the  office  of  the  commission.  No  such fingerprint may be
    40  inspected by any person, other than a peace officer, except on order  of
    41  a judge or justice of a court of record.  The division is hereby author-
    42  ized  to transmit criminal history information to the commission for the
    43  purposes of this paragraph.  The information obtained by any such  fing-
    44  erprint  examination  shall be for the guidance of the commission in the

    45  exercise of its discretion in granting or withholding the license.   The
    46  commission shall provide such applicant with a copy of his or her crimi-
    47  nal  history  record,  if  any,  together with a copy of article twenty-
    48  three-A of the correction law, and inform such applicant of his  or  her
    49  right  to seek correction of any incorrect information contained in such
    50  record pursuant to regulations and procedures established by  the  divi-
    51  sion  of  criminal justice services. All determinations to issue, renew,
    52  suspend or revoke a license shall be made in accordance with subdivision
    53  sixteen of section two hundred ninety-six of the executive law and arti-
    54  cle twenty-three-A of the correction law.

    55    9. Standards for the issuance of licenses. (a) If in the  judgment  of
    56  the  commission  the financial responsibility, experience, character and

        A. 4146--A                          7
 
     1  general fitness of an applicant, including in the case  of  corporations
     2  its  officers  and stockholders, are such that the participation of such
     3  applicant will be  consistent  with  the  best  interests  of  combative
     4  sports,  the  purposes  of  this section including the safety of profes-
     5  sional combative  sports  participants,  and  in  the  public  interest,
     6  convenience  or  necessity,  the  commission  shall  grant  a license in
     7  accordance with the provisions contained in this subdivision.

     8    (b) Any professional  combative  sports  participant  applying  for  a
     9  license  or  renewal of a license under this subdivision shall undergo a
    10  comprehensive physical examination including clinical  neurological  and
    11  neuropsychological  examinations  by a physician approved by the commis-
    12  sion. If, at the time of such examination, there is  any  indication  of
    13  brain  injury,  or for any other reason the physician deems it appropri-
    14  ate, the professional combative sports participant shall be required  to
    15  undergo  further  neurological  and neuropsychological examinations by a
    16  neurologist including, but not limited  to,  a  computed  tomography  or
    17  medically equivalent procedure. The commission shall not issue a license

    18  to  a  professional combative sports participant until such examinations
    19  are completed and reviewed by the commission. The results  of  all  such
    20  examinations  herein  required  shall  become a part of the professional
    21  combative sports participant's permanent medical record as maintained by
    22  the commission. The cost of all such examinations  called  for  in  this
    23  subdivision  shall  be  assumed  by  the  state if such examinations are
    24  performed by a physician or neurologist approved by the commission.
    25    (c) Any professional combative sports participant licensed under  this
    26  chapter shall, as a condition of licensure, waive right of confidential-
    27  ity  of  medical records relating to treatment of any physical condition

    28  which relates to his ability to fight. All medical reports submitted to,
    29  and all medical records of the medical advisory board or the  commission
    30  relative  to  the  physical examination or condition of combative sports
    31  participants shall be considered confidential,  and  shall  be  open  to
    32  examination  only to the commission or its authorized representative, to
    33  the licensed participant, manager or chief second upon written  applica-
    34  tion  to examine said records, or upon the order of a court of competent
    35  jurisdiction in an appropriate case.
    36    10. Financial interest in professional combative  sports  participants
    37  prohibited.  No  entity  shall  have, either directly or indirectly, any

    38  financial  interest  in  a  professional  combative  sports  participant
    39  competing  on  premises  owned or leased by the entity, or in which such
    40  entity is otherwise interested except pursuant to the  specific  written
    41  authorization of the commission.
    42    11. Payments not to be made before contests. No professional combative
    43  sports  participant  shall  be paid for services before the contest, and
    44  should it be determined by the commission that such participant did  not
    45  give  an  honest exhibition of his skill, such service shall not be paid
    46  for.
    47    12. Sham or collusive events. (a) Any  person,  including  any  corpo-
    48  ration and the officers thereof, any physician, limited liability compa-

    49  ny,  referee, judge, professional combative sports participant, manager,
    50  trainer or chief second, who shall promote, conduct, give or participate
    51  in any sham or collusive professional combative sports match or  exhibi-
    52  tion, shall be deprived of his license by the commission.
    53    (b)  No  licensed entity shall knowingly engage in a course of conduct
    54  in which  professional  combative  sports  matches  or  exhibitions  are
    55  arranged  where one professional combative sports participant has skills
    56  or experience significantly in excess of the other  professional  comba-

        A. 4146--A                          8
 
     1  tive sports participant so that a mismatch results with the potential of

     2  physical  harm to the professional combative sports participant. If such
     3  action occurs, the commission may  exercise  its  powers  to  discipline
     4  under  subdivisions thirteen and fourteen of this section, provided that
     5  nothing in this subdivision shall authorize the commission to  intervene
     6  or  prohibit  a professional combative sports match or exhibition solely
     7  on the basis of the difference between respective participant's  martial
     8  arts disciplines.
     9    13. Imposition of penalties for violations. Any entity, licensed under
    10  the provisions of this section, that shall knowingly violate any rule or
    11  order of the commission or any provision of this section, in addition to
    12  any  other penalty by law prescribed, shall be liable to a civil penalty

    13  not exceeding five thousand dollars to be imposed by the commission,  to
    14  be  sued  for  by  the attorney general in the name of the people of the
    15  state of New York if directed by  the  commission.  The  amount  of  the
    16  penalty  collected by the commission or recovered in any such action, or
    17  paid to the commission upon a compromise as hereinafter provided,  shall
    18  be  transmitted  by  the department of state into the state treasury and
    19  credited to the general fund.  The  commission,  for  cause  shown,  may
    20  extend  the time for the payment of such penalty and, by compromise, may
    21  accept less than the amount of such penalty  as  imposed  in  settlement
    22  thereof.
    23    14. Revocation or suspension of licenses. (a) Any license issued under

    24  the  provisions  of  this  section  may  be  revoked or suspended by the
    25  commission for the reason therein stated, that the licensee has, in  the
    26  judgment  of  the  commission,  been guilty of an act detrimental to the
    27  interests of combative sports  generally  or  to  the  public  interest,
    28  convenience or necessity.
    29    (b)  Without  otherwise  limiting  the discretion of the commission as
    30  provided in this section, the commission may suspend or revoke a license
    31  or refuse to renew or issue a license, if it shall find that the  appli-
    32  cant  or participant: (1) has been convicted of a crime in any jurisdic-
    33  tion; (2) is associating or  consorting  with  any  person  who  has  or
    34  persons who have been convicted of a crime or crimes in any jurisdiction

    35  or  jurisdictions;  (3)  has  been  guilty  of or attempted any fraud or
    36  misrepresentation in connection with combative sports; (4) has  violated
    37  or  attempted to violate any law with respect to combative sports in any
    38  jurisdiction or any rule, regulation or  order  of  the  commission,  or
    39  shall  have  violated any rule of combative sports which shall have been
    40  approved or adopted by the commission, or has been guilty of or  engaged
    41  in  similar, related or like practices; or (5) has not acted in the best
    42  interest of mixed martial arts.   All determinations  to  issue,  renew,
    43  suspend or revoke a license shall be made in accordance with subdivision
    44  sixteen of section two hundred ninety-six of the executive law and arti-

    45  cle twenty-three-A of the correction law as applicable.
    46    (c)  No  such  participant  may, under any   circumstances, compete or
    47  appear in a professional combative sports  match  or  exhibition  within
    48  ninety  days  of having suffered a knockout or technical knockout in any
    49  such match or exhibition without clearance by the board, or within nine-
    50  ty days of being rendered unconscious in any such  match  or  exhibition
    51  where  there  is  evidence of head trauma as determined by the attending
    52  commission physician and shall undergo  such  examinations  as  required
    53  under  paragraph  (b) of subdivision twenty of this section. The profes-
    54  sional combative sports participant shall be considered  suspended  from

    55  professional  combative  sports matches or exhibitions by the commission
    56  and shall forfeit his license to the commission during such  period  and

        A. 4146--A                          9
 
     1  such  license shall not be returned to the participant until the partic-
     2  ipant has met all requirements, medical and otherwise, for reinstatement
     3  of such license. All such suspensions shall be recorded in  the  partic-
     4  ipant's license by a commission official.
     5    (d)  The  commission may at any time suspend, revoke or deny a partic-
     6  ipant's license or temporary working permit for medical reasons  at  the
     7  recommendation of the board.
     8    (e)  Notwithstanding  any  other  provision of law, if any other state

     9  shall revoke a licensee's license to compete or appear in a professional
    10  combative sports match or exhibition in that state based  on  a  knowing
    11  and  intentional  engagement  in any prohibited practices of such state,
    12  the commission may act to revoke any license to compete or appear  in  a
    13  professional  combative sports match or exhibition issued to such licen-
    14  see pursuant to the provisions of this section.
    15    (f) The commission may suspend any license it has issued  by  a  dated
    16  notice  to that effect to the suspended licensee, mailed or delivered to
    17  the licensee, and specifying the effective date and term of the  suspen-
    18  sion, provided however that the commission representative in charge of a

    19  contest or exhibition may then and there temporarily suspend any license
    20  issued  by  the commission without such notice. In the event of a tempo-
    21  rary suspension, the commission shall mail or deliver the notice to  the
    22  suspended  licensee  within  three  business  days  after  the temporary
    23  suspension. In either case such suspension may be  without  any  advance
    24  hearing.  Upon  the  receipt of such notice of suspension, the suspended
    25  licensee may apply to the commission for a  hearing  on  the  matter  to
    26  determine  whether such suspension should be rescinded. Such application
    27  for a hearing must be in writing and must be received by the  commission
    28  within  thirty  days after the date of notice of suspension. The commis-

    29  sion shall have the authority to revoke any license issued by it. Before
    30  any license is so revoked, the licensee will be offered the  opportunity
    31  at  a  hearing  held by or on behalf of the commission to show cause why
    32  the license should not be revoked. The commission shall offer the oppor-
    33  tunity for a hearing to an  affected  person  before  taking  any  final
    34  action negatively affecting such person's individual privileges or prop-
    35  erty  granted  by  a license duly issued by the commission or a contract
    36  approved by and filed with the commission. In all such hearings,  licen-
    37  sees  and other witnesses shall testify under oath or affirmation, which
    38  may be administered by any commissioner or authorized representative  of

    39  the  commission actually present. The commission shall be the sole judge
    40  of the relevancy and competency of testimony  and  other  evidence,  the
    41  credibility  of witnesses, and the sufficiency of evidence. Hearings may
    42  be conducted by representatives of the commission in the  discretion  of
    43  the commission. In such cases, the commission representatives conducting
    44  the  hearing  shall  submit  findings of fact and recommendations to the
    45  commission, which shall not be binding on the commission.
    46    15. Advertising matter to state admission price. It shall be the  duty
    47  of  every entity promoting or conducting a professional combative sports
    48  match or exhibition subject to the provisions of this section  to  cause

    49  to  be inserted in each show card, bill, poster, newspaper advertisement
    50  of any professional combative sports match or exhibition  given  by  it,
    51  the  price  of  admission  thereto.  Violation of the provisions of this
    52  subdivision shall subject the entity to a fine of one hundred dollars.
    53    16. Tickets to indicate purchase price. All tickets  of  admission  to
    54  any such combative sports match or exhibition shall be controlled by the
    55  provisions  of article twenty-five of the arts and cultural affairs law.
    56  It shall be unlawful for any entity to admit to such match or exhibition

        A. 4146--A                         10
 
     1  a number of people greater than the seating capacity of the place  where

     2  such match or exhibition is held. Violation of this subdivision shall be
     3  a  misdemeanor  and  shall  be  punishable as such and in addition shall
     4  incur forfeiture of license.
     5    17.  Equipment  of buildings for matches or exhibitions. All buildings
     6  or structures used or intended to be used for  holding  or  giving  such
     7  professional  combative  sports matches or exhibitions shall be properly
     8  ventilated and provided with fire exits and fire  escapes,  and  in  all
     9  manner  conform  to  the  laws, ordinances and regulations pertaining to
    10  buildings in the city, town or village where situated.
    11    18. Age of participants and spectators.  No person under  the  age  of
    12  eighteen  years  shall  participate in any professional combative sports

    13  match or exhibition, and no person under sixteen years of age  shall  be
    14  permitted  to  attend  as  a spectator; provided, however, that a person
    15  under the age of sixteen shall be permitted to attend as a spectator  if
    16  accompanied by a parent or guardian.
    17    19.  Regulation  of  conduct of matches or exhibitions. (a) Except for
    18  championship matches, which shall not  be  more  than  five  rounds,  no
    19  combative  sports match or exhibition shall be more than three rounds in
    20  length.  No participant shall be allowed to  participate  in  more  than
    21  three  matches  or  exhibitions  or  compete for more than sixty minutes
    22  within seventy-two consecutive hours.  No participant shall  be  allowed

    23  to  compete in any such match or exhibition without wearing a mouthguard
    24  and a protective groin cup.  At each professional combative sports match
    25  or exhibition, there shall be in attendance a duly licensed referee  who
    26  shall  direct  and  control  the  same. Before starting such contest the
    27  referee shall ascertain from each participant the name of his manager or
    28  chief second, and shall hold such manager or  chief  second  responsible
    29  for  the  conduct  of  his  assistant seconds during the progress of the
    30  match or exhibition.   The  commission  shall  have  the  power  in  its
    31  discretion to declare forfeited any prize, remuneration or purse, or any
    32  part thereof, belonging to the participants or one of them, or the share

    33  thereof  of any manager or chief second if in its judgment, such partic-
    34  ipant or participants are not honestly competing or the  participant  or
    35  manager  or  chief  second  of  a  participant,  as the case may be, has
    36  committed an act in the premises in violation  of  any  rule,  order  or
    37  regulation  of  the  commission.  The  amount so forfeited shall be paid
    38  within forty-eight hours to the  commission.  There  shall  also  be  in
    39  attendance,  three  duly licensed judges who shall at the termination of
    40  each such combative sports match or exhibition  render  their  decision.
    41  The winner of such match or exhibition shall be determined in accordance
    42  with  a scoring system prescribed by the commission.  Provided, however,

    43  that a participant may terminate the contest by signalling to the refer-
    44  ee that such participant submits to the opponent.
    45    (b) The commission may by rule, regulation or order, require the pres-
    46  ence of any medical equipment and personnel at each professional  comba-
    47  tive  sports  match  or exhibition as is necessary or beneficial for the
    48  safety and protection of the contestants; and may also require the pres-
    49  ence of an ambulance or other apparatus at the site of any such match or
    50  exhibition or the promulgation of an  emergency  medical  plan  in  lieu
    51  thereof.
    52    (c) The commission shall prescribe by rule or regulation the responsi-
    53  bilities  of  managers,  trainers and chief seconds prior to, during and

    54  after a combative sports match or exhibition in  order  to  promote  the
    55  safety of the participants at all times.

        A. 4146--A                         11
 
     1    (d)  The  commission  shall  require  by  rule  or regulation that any
     2  professional combative sports participant licensed  under  this  section
     3  present  to a designated commission official, before each match or exhi-
     4  bition in which he fights in this state, a license which  shall  include
     5  but  not  be limited to the following information: (1) the participant's
     6  name, photograph, social security number, date of birth, and other iden-
     7  tifying information; (2) the participant's  prior  match  or  exhibition

     8  history  including  the dates, location, and decision of such matches or
     9  exhibitions; and (3) the participant's medical history, relating to  any
    10  physical condition, medical test or procedure which relates to his abil-
    11  ity to fight, and a record of all medical suspensions.
    12    20. Examination by physician; cost. (a) All participants must be exam-
    13  ined  by  a  physician  designated by the commission before entering the
    14  ring and each such physician shall immediately file with the  commission
    15  a  written report of such examination. The cost of any such examination,
    16  as prescribed by a schedule of fees established by the commission, shall
    17  be paid by the entity conducting the match or exhibition to the  commis-

    18  sion,  which  shall then pay the fee covering such cost to the examining
    19  physician, in accordance with the rules of the commission.
    20    (b) Any professional combative sports participant licensed or  permit-
    21  ted  under this section rendered unconscious or suffering head trauma as
    22  determined by the attending physician shall be immediately  examined  by
    23  the  attending  commission  physician  and  shall be required to undergo
    24  neurological  and  neuropsychological  examinations  by  a   neurologist
    25  including  but  not limited to a computed tomography or medically equiv-
    26  alent procedure. Any participant so injured  shall  not  appear  in  any
    27  match  or  exhibition until results of such examinations are reviewed by

    28  the commission. The results of all  such  examinations  herein  required
    29  shall  become  a  part of the participant's permanent medical records as
    30  maintained by the commission and shall be  used  by  the  commission  to
    31  determine  whether  a  participant  shall  be permitted to appear in any
    32  future professional combative sports match or exhibition.  The costs  of
    33  all  such  examinations called for in this paragraph shall be assumed by
    34  the entity or promoter if such examinations are performed by a physician
    35  approved by the commission.
    36    (c) The commission may at any time require  a  licensed  or  permitted
    37  participant  to undergo a physical examination, including any neurologi-
    38  cal or neuropsychological test or procedure. The cost of such exam shall

    39  be assumed by the state.
    40    21. Physician to be in attendance; powers of such  physician.  (a)  It
    41  shall be the duty of every entity licensed to conduct a combative sports
    42  match  or exhibition, to have in attendance at every match or exhibition
    43  at least one physician designated by the commission as the  rules  shall
    44  provide.  The  commission may establish a schedule of fees to be paid by
    45  the licensee to cover the cost of such attendance. Such  fees  shall  be
    46  paid to the commission, which shall then pay such fees to the physicians
    47  entitled thereto, in accordance with the rules of the commission.
    48    (b)  The  physician  shall terminate any professional combative sports
    49  match or exhibition if in the opinion of such physician any  participant

    50  has received severe punishment or is in danger of serious physical inju-
    51  ry.  In  the  event of any serious physical injury, such physician shall
    52  immediately render any emergency treatment necessary, recommend  further
    53  treatment  or  hospitalization  if required, and fully report the entire
    54  matter to the commission within  twenty-four  hours  and  if  necessary,
    55  subsequently  thereafter.  Such  physician  may  also  require  that the
    56  injured participant and his manager or chief second remain in  the  ring

        A. 4146--A                         12
 
     1  or  on  the  premises or report to a hospital after the contest for such
     2  period of time as such physician deems advisable.

     3    (c)  Such  physician  may  enter the ring at any time during a profes-
     4  sional combative sports match or exhibition and may terminate the  match
     5  or  exhibition if in his opinion the same is necessary to prevent severe
     6  punishment or serious physical injury to a participant.
     7    22. Bond. Before a license shall be granted to an entity to conduct  a
     8  professional  combative  sports match or exhibition, the applicant shall
     9  execute and file with the comptroller a bond in an amount to  be  deter-
    10  mined  by  the  commission, to be approved as to form and sufficiency of
    11  sureties thereon  by  the  comptroller,  conditioned  for  the  faithful
    12  performance  by  such  entity  of the provisions of this section and the

    13  rules and regulations  of  the  commission,  and  upon  the  filing  and
    14  approval  of  such  bond the comptroller shall issue to such applicant a
    15  certificate of such filing and approval, which shall be by  such  appli-
    16  cant  filed  in  the  office  of the commission with its application for
    17  license, and no such license shall  be  issued  until  such  certificate
    18  shall  be  filed. In case of default in such performance, the commission
    19  may impose upon the delinquent a penalty in the sum of not more than one
    20  thousand dollars for each offense, which may be recovered by the  attor-
    21  ney  general  in  the name of the people of the state of New York in the
    22  same manner as other penalties are  recovered  by  law;  any  amount  so

    23  recovered shall be paid into the treasury.
    24    23.  Bond  for purses, salaries and other expenses. In addition to the
    25  bond required by subdivision twenty-two of this section, each  applicant
    26  for  a license to conduct professional combative sports matches or exhi-
    27  bitions shall execute and file with the comptroller a bond in an  amount
    28  to  be determined by the commission to be approved as to form and suffi-
    29  ciency of sureties thereon by the comptroller, conditioned for and guar-
    30  anteeing the payment  of  professional  combative  sports  participants'
    31  purses,  salaries  of club employees licensed by the commission, and the
    32  legitimate expenses of printing tickets and all advertising material.

    33    24. Duty to provide  insurance  for  licensed  professional  combative
    34  sports  participants.    (a)  All  entities having licenses as promoters
    35  shall continuously provide insurance  for  the  protection  of  licensed
    36  professional  combative  sports  participants, appearing in professional
    37  combative sports matches or exhibitions.  Such insurance coverage  shall
    38  provide  for reimbursement to the licensed athlete for medical, surgical
    39  and hospital care, with a minimum limit of fifty  thousand  dollars  for
    40  injuries sustained while participating in any program operated under the
    41  control of such licensed promoter and for a payment of one hundred thou-
    42  sand  dollars  to the estate of any deceased athlete where such death is

    43  occasioned by injuries received during the course of a match or  exhibi-
    44  tion  in which such licensed athlete participated under the promotion or
    45  control of any licensed promoter.  The commission may from time to time,
    46  in its discretion, increase the amount of such minimum limits.
    47    (b) The failure to pay premiums on such insurance as  is  required  by
    48  paragraph  (a)  of this subdivision shall be cause for the suspension or
    49  the revocation of the license of such defaulting promoter.
    50    25. Notice of contest; collection of tax. (a) Every entity holding any
    51  professional combative sports match or exhibition for which an admission
    52  fee is charged or received, shall notify  the  athletic  commission  ten

    53  days in advance of the holding of such contest. All tickets of admission
    54  to  any  such  match or exhibition shall be procured from a printer duly
    55  authorized by the state athletic commission to print  such  tickets  and
    56  shall bear clearly upon the face thereof the purchase price and location

        A. 4146--A                         13
 
     1  of  same.  An  entity failing to fully comply with this section shall be
     2  subject to a penalty of five hundred dollars to be collected by and paid
     3  to the department of state. An entity is prohibited from  operating  any
     4  matches or exhibitions until all penalties due pursuant to this subdivi-
     5  sion  and taxes, interest and penalties due pursuant to article nineteen
     6  of the tax law have been paid.

     7    (b) Pursuant to direction by the commissioner of taxation and finance,
     8  employees or officers of the athletic commission shall act as agents  of
     9  the  commissioner  of taxation and finance to collect the tax imposed by
    10  article nineteen of the tax law. The athletic commission  shall  provide
    11  the commissioner of taxation and finance with such information and tech-
    12  nical  assistance  as  may be necessary for the proper administration of
    13  such tax.
    14    26. Regulation of judges. (a) Judges for  any  professional  combative
    15  sports  match  or  exhibition  under  the jurisdiction of the commission
    16  shall be selected by the commission from a list  of  qualified  licensed
    17  judges maintained by the commission.

    18    (b)  Any  professional  combative  sport participant, manager or chief
    19  second may protest the assignment of a judge to a professional combative
    20  sports match or exhibition and  the  protesting  professional  combative
    21  sports  participant, manager or chief second may be heard by the commis-
    22  sion or its designee if such  protest  is  timely.  If  the  protest  is
    23  untimely it shall be summarily rejected.
    24    (c)  Each  person  seeking to be licensed as a judge by the commission
    25  shall be required to submit to or provide proof of  an  eye  examination
    26  and  annually  thereafter  on  the  anniversary  of  the issuance of the
    27  license. Each person seeking to be a professional combative sports judge

    28  in the state shall be certified as having completed a  training  program
    29  as  approved  by the commission and shall have passed a written examina-
    30  tion approved by the commission covering aspects of professional  comba-
    31  tive  sports  including, but not limited to, the rules of the sport, the
    32  law of the state relating to the commission, and basic  first  aid.  The
    33  commission  shall establish continuing education programs to keep licen-
    34  sees current on areas of required knowledge.
    35    (d) Each person seeking a  license  to  be  a  professional  combative
    36  sports  judge  in  this  state shall be required to fill out a financial
    37  questionnaire certifying under penalty of perjury full disclosure of the

    38  judge's financial situation on a questionnaire to be promulgated by  the
    39  commission. Such questionnaire shall be in a form and manner approved by
    40  the  commission  and  shall provide information as to areas of actual or
    41  potential  conflicts  of  interest  as  well  as  appearances  of   such
    42  conflicts,  including financial responsibility. Within forty-eight hours
    43  of any professional combative sports match or exhibition, each combative
    44  sports judge shall file  with  the  commission  a  financial  disclosure
    45  statement  in such form and manner as shall be acceptable to the commis-
    46  sion.
    47    (e) Only a person licensed by the commission may judge a  professional
    48  combative sports match or exhibition.

    49    27. Training facilities. (a) The commission may, in its discretion and
    50  in  accordance with regulations adopted by the commission to protect the
    51  health and safety of professional combative sport participants in train-
    52  ing, issue a license to operate a training  facility  providing  contact
    53  sparring maintained either exclusively or in part for the use of profes-
    54  sional  combative  sport participants. The regulations of the commission
    55  shall include, but not be limited to, the following subjects to  protect
    56  the health and safety of professional combative sport participants:

        A. 4146--A                         14
 
     1    (1) requirements for first aid materials to be stored in an accessible

     2  location  on  the  premises  and  for  the presence on the premises of a
     3  person trained and certified in the use of such materials and procedures
     4  for cardio-pulmonary resuscitation at all times during which the facili-
     5  ty is open for training purposes;
     6    (2) prominent posting adjacent to an accessible telephone of the tele-
     7  phone number for emergency medical services at the nearest hospital;
     8    (3)  clean and sanitary bathrooms, shower rooms, locker rooms and food
     9  serving and storage areas;
    10    (4) adequate ventilation and  lighting  of  accessible  areas  of  the
    11  training facility;
    12    (5) establishment of a policy concerning the restriction of smoking in
    13  training areas, including provisions for its enforcement by the facility

    14  operator;
    15    (6) compliance with state and local fire ordinances;
    16    (7) inspection and approval of rings as required by subdivision thirty
    17  of this section; and
    18    (8)  establishment  of  a  policy  for  posting all commission license
    19  suspensions and license revocations received from the commission includ-
    20  ing provisions for enforcement of such suspensions  and  revocations  by
    21  the facility operator.
    22    (b)  A  prospective licensee shall submit to the commission proof that
    23  it can furnish suitable facilities  in  which  the  training  is  to  be
    24  conducted,  including  the  making of such training facilities available
    25  for inspection by the commission at any time during which training is in
    26  progress.

    27    28. Temporary training facilities.  Any  training  facility  providing
    28  contact sparring established and maintained on a temporary basis for the
    29  purpose  of  preparing  a professional combative sport participant for a
    30  specific  professional  combative  sports  match  or  exhibition  to  be
    31  conducted,  held  or  given within the state of New York shall be exempt
    32  from this act insofar as it concerns the licensing  of  such  facilities
    33  if,  in the judgment of the commission, establishment and maintenance of
    34  such facility will be consistent with the  purposes  and  provisions  of
    35  this chapter, the best interests of professional combative sports gener-
    36  ally, and the public interest, convenience or necessity.

    37    29.  Weights;  classes and rules. The weights and classes of combative
    38  sport participants and the rules and regulations of professional  comba-
    39  tive sports shall be prescribed by the commission.
    40    30.  Rings  or fighting areas.  No professional combative sports match
    41  or exhibition or training activity shall be permitted  in  any  ring  or
    42  fighting  area  unless such ring or fighting area has been inspected and
    43  approved by the commission.  The  commission  shall  prescribe  standard
    44  acceptable size and quality requirements for rings or fighting areas and
    45  appurtenances thereto.
    46    31.  Misdemeanor. Any entity who intentionally, directly or indirectly
    47  conducts, holds or gives a professional combative sports match or  exhi-

    48  bition  or  participates either directly or indirectly in any such match
    49  or exhibition as a referee, judge, corporation  treasurer,  professional
    50  combative  sports  participant,  manager,  promoter,  trainer  or  chief
    51  second, without first having procured an appropriate license  or  permit
    52  as prescribed in this section shall be guilty of a misdemeanor.
    53    §  3.  Section  6  of  chapter 912 of the laws of 1920 relating to the
    54  regulation of boxing, sparring and wrestling, as amended by chapter  437
    55  of the laws of 2002 and subdivision 1 as designated and subdivision 2 as
    56  added by chapter 673 of the laws of 2003, is amended to read as follows:

        A. 4146--A                         15
 
     1    §  6.  Jurisdiction  of  commission.  1. The commission shall have and

     2  hereby is vested with the sole direction, management, control and juris-
     3  diction over all such boxing and  sparring  matches  or  exhibitions  or
     4  professional  combative  sports  matches or exhibitions to be conducted,
     5  held  or given within the state of New York and over all licenses to any
     6  and all persons who participate in such boxing or  sparring  matches  or
     7  exhibitions  or professional combative sports matches or exhibitions and
     8  over any and all gyms, clubs, training  camps  and  other  organizations
     9  that maintain training facilities providing contact sparring for persons
    10  who  prepare  for  participation  in  such boxing or sparring matches or
    11  exhibitions or professional combative sports matches or exhibitions, and
    12  over the promotion of professional wrestling exhibitions or professional

    13  combative sports matches or exhibitions to the extent  provided  for  in
    14  sections  5,  9, 19, 20, 28-a, 28-b and 33 of this act, except as other-
    15  wise provided in this act.
    16    2. The commission is authorized and directed to require that all sites
    17  wherein boxing,  sparring  and  wrestling  matches  and  exhibitions  or
    18  professional combative sports matches or exhibitions are conducted shall
    19  comply  with  state  and  applicable local sanitary codes appropriate to
    20  school athletic facilities.
    21    § 4. Subdivision 1 of section 451  of  the  tax  law,  as  amended  by
    22  section  1  of  part F of chapter 407 of the laws of 1999, is amended to
    23  read as follows:
    24    1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
    25  receipts of every person from the sale of tickets to any professional or

    26  amateur boxing, sparring or wrestling match or exhibition or any profes-
    27  sional  combative  sports  match  or  exhibition held in this state, and
    28  without any deduction whatsoever for  commissions,  brokerage,  distrib-
    29  ution  fees,  advertising or any other expenses, charges and recoupments
    30  in respect thereto.
    31    § 5. Section 452 of the tax law, as amended by section 2 of part F  of
    32  chapter 407 of the laws of 1999, is amended to read as follows:
    33    §  452.  Imposition  of  tax.  1. On and after October first, nineteen
    34  hundred ninety-nine, a tax is hereby imposed and shall be paid upon  the
    35  gross  receipts  of  every  person  holding  any professional or amateur
    36  boxing, sparring or wrestling match or exhibition in  this  state.  Such
    37  tax  shall  be  imposed on such gross receipts, exclusive of any federal
    38  taxes, as follows:

    39    (a) three percent of gross receipts from ticket sales, except that  in
    40  no  event  shall  the tax imposed by this [subdivision] paragraph exceed
    41  fifty thousand dollars for any match or exhibition;
    42    (b) three percent of gross receipts from broadcasting  rights,  except
    43  that  in  no event shall the tax imposed by this [subdivision] paragraph
    44  exceed fifty thousand dollars for any match or exhibition.
    45    2. On and after the effective date of this subdivision, a tax is here-
    46  by imposed and shall be paid upon the gross  receipts  of  every  person
    47  holding  any  professional  combative sports match or exhibition in this
    48  state. Such tax shall be imposed on such gross  receipts,  exclusive  of
    49  any federal taxes, as follows:

    50    (a)  eight  and  one-half percent of gross receipts from ticket sales;
    51  and
    52    (b) three percent of gross receipts from broadcasting  rights,  except
    53  that  in  no  event shall the tax imposed by this paragraph exceed fifty
    54  thousand dollars for any match or exhibition.
    55    § 6. This act shall take effect on the ninetieth day  after  it  shall
    56  have become a law, and shall expire and be deemed repealed 3 years after

        A. 4146--A                         16
 
     1  it shall take effect; provided, however, that effective immediately, the
     2  addition,  amendment  and/or  repeal of any rule or regulation necessary
     3  for the implementation of this act on its effective date  is  authorized
     4  and directed to be made and completed on or before such effective date.
Go to top
Page display time = 0.1807 sec