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A06506 Summary:

BILL NO    A06506 

SAME AS    SAME AS S02755

SPONSOR    Morelle (MS)

COSPNSR    Wright, Moya, Heastie, Simotas, Englebright, Peoples-Stokes, Hevesi,
           Perry, Titone, Titus, Rivera, Paulin, Cook

MLTSPNSR   Barclay, Borelli, Braunstein, Brindisi, Brook-Krasny, Camara,
           Ceretto, Crespo, Crouch, Curran, Cusick, Cymbrowitz, Garbarino,
           Gjonaj, Goldfeder, Graf, Jacobs, Katz, Kearns, Kellner, Kim, Lavine,
           Lupardo, McDonough, McKevitt, McLaughlin, Miller, Mosley, Pretlow,
           Quart, Ra, Raia, Ramos, Roberts, Rodriguez, Saladino, Sepulveda,
           Simanowitz, Skartados, Stirpe, Walter, Weprin, Zebrowski

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.
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A06506 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6506

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     April 4, 2013
                                      ___________

       Introduced  by  M. of A. MORELLE, WRIGHT, MOYA, HEASTIE, SIMOTAS, ENGLE-
         BRIGHT, PEOPLES-STOKES, HEVESI, PERRY, TITONE, TITUS, RIVERA,  PAULIN,
         COOK  -- Multi-Sponsored by -- M.  of A. BARCLAY, BORELLI, BRAUNSTEIN,
         BRINDISI,  BROOK-KRASNY,  CAMARA,  CERETTO,  CRESPO,  CROUCH,  CURRAN,
         CUSICK,  CYMBROWITZ,  ESPINAL,  GABRYSZAK,  GIBSON, GJONAJ, GOLDFEDER,
         GRAF, GUNTHER, JACOBS, JORDAN, KATZ,  KEARNS,  KELLNER,  KIM,  LAVINE,
         LUPARDO,  MAISEL,  McDONALD,  McDONOUGH, McKEVITT, McLAUGHLIN, MILLER,
         MOSLEY, PRETLOW, QUART, RA, RABBITT, RAIA, RAMOS, ROBERTS,  RODRIGUEZ,
         SALADINO, SEPULVEDA, SIMANOWITZ, SKARTADOS, STEVENSON, STIRPE, WEPRIN,
         ZEBROWSKI  --  read  once  and  referred  to the Committee on Tourism,
         Parks, Arts and Sports Development

       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-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06445-01-3
       A. 6506                             2

    1  sive examinations. The board shall continue  to  serve  in  an  advisory
    2  capacity  to  the commission and from time to time prepare and submit to
    3  the commission for approval, such additional regulations  and  standards
    4  of  examination as in their judgment will safeguard the physical welfare
    5  of professional boxers licensed by the commission.  The  advisory  board
    6  shall  recommend  to  the  commission  from  time to time such qualified
    7  physicians, for the  purpose  of  conducting  physical  examinations  of
    8  professional  boxers  AND PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS and
    9  other services as the rules of the commission shall provide;  and  shall
   10  recommend  to the commission a schedule of fees to be paid to physicians
   11  for such examinations and other services as required by this act.
   12    3. The advisory board  shall  develop  appropriate  medical  education
   13  programs  for all commission personnel involved in the conduct of boxing
   14  and sparring matches or exhibitions  OR  PROFESSIONAL  COMBATIVE  SPORTS
   15  MATCHES OR EXHIBITIONS so that such personnel can recognize and act upon
   16  evidence of potential or actual adverse medical indications in a partic-
   17  ipant prior to or during the course of a match OR EXHIBITION.
   18    4.  The advisory board shall review the credentials and performance of
   19  each commission physician on an annual basis as  a  condition  of  reap-
   20  pointment  of  each  such  physician,  including  each  such physician's
   21  comprehension of the medical literature on boxing OR PROFESSIONAL COMBA-
   22  TIVE SPORTS referred to in subdivision five of this section.
   23    5. The advisory board shall recommend to the commission a  compilation
   24  of medical publications on the medical aspects of boxing OR PROFESSIONAL
   25  COMBATIVE SPORTS which shall be maintained by the commission and be made
   26  available for review to all commission personnel involved in the conduct
   27  of  any boxing or sparring match or exhibition OR PROFESSIONAL COMBATIVE
   28  SPORTS MATCH OR EXHIBITION.
   29    6. The advisory board shall also advise the commission on any study of
   30  equipment, procedures or personnel which will, in their opinion, promote
   31  the safety of boxing  participants  AND  PROFESSIONAL  COMBATIVE  SPORTS
   32  PARTICIPANTS.
   33    S  2.  Section  5-a of chapter 912 of the laws of 1920 relating to the
   34  regulation of boxing, sparring and wrestling, as added by chapter 14  of
   35  the laws of 1997, is amended to read as follows:
   36    S 5-a. Combative sports. 1. DEFINITIONS. AS USED IN THIS SECTION:
   37    (A)  "BOARD"  MEANS  MEDICAL  ADVISORY BOARD AS ESTABLISHED IN SECTION
   38  FOUR OF THIS ACT.
   39    (B) A "combative sport" shall mean any professional match  or  exhibi-
   40  tion  other than boxing, sparring, wrestling or martial arts wherein the
   41  contestants deliver, or are not forbidden by the applicable rules there-
   42  of from delivering kicks, punches or blows of any kind to the body of an
   43  opponent or opponents. For  the  purposes  of  this  section,  the  term
   44  "martial  arts"  shall include any professional match or exhibition OF A
   45  SINGLE DISCIPLINE sanctioned by AN ORGANIZATION APPROVED BY THE  COMMIS-
   46  SION, INCLUDING, BUT NOT LIMITED TO, any of the following organizations:
   47  U.S.  Judo  Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae
   48  Kwon Do Union, North American Sport Karate  Association,  U.S.A.  Karate
   49  Foundation,  U.S.  Karate,  Inc., World Karate Association, Professional
   50  Karate Association, Karate International,  International  Kenpo  Associ-
   51  ation,  or  World  Wide Kenpo Association. The commission [is authorized
   52  to] SHALL promulgate regulations which  would  establish  a  process  to
   53  allow  for  the  inclusion or removal of martial arts organizations from
   54  the above list. Such process shall include but not be limited to consid-
   55  eration of the following factors:    [(a)]  (1)  is  the  organization's
   56  primary purpose to provide instruction in self defense techniques; [(b)]
       A. 6506                             3

    1  (2)  does  the  organization  require  the  use  of hand, feet and groin
    2  protection during any competition or bout; and [(c)] (3) does the organ-
    3  ization have an established set of  rules  that  require  the  immediate
    4  termination of any competition or bout when any participant has received
    5  severe punishment or is in danger of suffering serious physical injury.
    6    (C)  "COMMISSION"  MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR
    7  IN SECTION ONE OF THIS CHAPTER OR AN AGENT OF THE COMMISSION  ACTING  ON
    8  ITS BEHALF.
    9    (D)  "MIXED  MARTIAL  ARTS"  MEANS  ANY  PROFESSIONAL COMBATIVE SPORTS
   10  COMPETITION WHEREIN THE RULES OF SUCH COMPETITION SUBJECT TO THE  APPLI-
   11  CABLE  LIMITATIONS AS SET FORTH BY THE COMMISSION AUTHORIZE PROFESSIONAL
   12  COMBATIVE SPORTS MATCHES OR EXHIBITIONS BETWEEN VARIOUS FIGHTING  DISCI-
   13  PLINES,  INCLUDING THE UTILIZATION OF PERMITTED MARTIAL ARTS TECHNIQUES,
   14  INCLUDING  STRIKING,  KICKING  AND  GRAPPLING.  NO  NON-PROFESSIONAL  OR
   15  AMATEUR  BOUT,  EXHIBITION  OR  PARTICIPANT  SHALL BE AUTHORIZED BY THIS
   16  SECTION.
   17    (E) "PROFESSIONAL COMBATIVE SPORTS PARTICIPANT" OR "PARTICIPANT" SHALL
   18  MEAN A COMBATIVE SPORTS FIGHTER WHO COMPETES FOR A MONEY PRIZE OR TEACH-
   19  ES OR PURSUES OR ASSISTS IN THE PRACTICE OF  MIXED  MARTIAL  ARTS  AS  A
   20  MEANS  OF  OBTAINING  A  LIVELIHOOD  OR  PECUNIARY GAIN, AND ANY CONTEST
   21  CONFORMING TO THE RULES, REGULATIONS AND REQUIREMENTS OF THIS SECTION.
   22    (F) "PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION" SHALL MEAN ANY
   23  MATCH OR EXHIBITION THAT  MUST  BE  APPROVED  BY  THE  COMMISSION  WHERE
   24  PROFESSIONAL  COMBATIVE SPORTS PARTICIPANTS RECEIVE CONSIDERATION OF ANY
   25  VALUE OR AN ADMISSION IS CHARGED.
   26    1-A. COMMISSION REVIEW. THE COMMISSION SHALL REVIEW EACH MARTIAL  ARTS
   27  SANCTIONING  ORGANIZATION,  INCLUDING THOSE LISTED IN SUBDIVISION ONE OF
   28  THIS SECTION, AT LEAST BIENNIALLY, OR  SOONER  IF  DETERMINED  NECESSARY
   29  BASED  UPON  THE PERIODIC COMPLIANCE CHECKS OR COMPLAINTS TO THE COMMIS-
   30  SION, TO  DETERMINE  CONTINUATION  OF  THE  COMMISSION'S  APPROVAL.  THE
   31  COMMISSION  SHALL  CONTINUE APPROVAL OR SHALL SUSPEND OR REVOKE APPROVAL
   32  BASED UPON COMPLIANCE OF THE ORGANIZATION WITH THE APPROVED  SANCTIONING
   33  STANDARDS  AND  ITS  ABILITY  TO  SUPERVISE  MATCHES IN THE STATE.   THE
   34  COMMISSION SHALL ACT UPON ANY APPLICATION FOR INCLUSION IN THE  LIST  IN
   35  PARAGRAPH  (B)  OF  SUBDIVISION ONE OF THIS SECTION WITHIN SIXTY DAYS OF
   36  THE DATE SUCH APPLICATION IS MADE TO THE COMMISSION.
   37    1-B. MIXED MARTIAL ARTS COMPETITION. THE COMMISSION  SHALL  PROMULGATE
   38  RULES AND REGULATIONS TO ALLOW FOR MIXED MARTIAL ARTS COMPETITIONS TO BE
   39  CONDUCTED,  HELD,  OR GIVEN WITHIN THE STATE OF NEW YORK AND SHALL ALLOW
   40  FOR LICENSES TO BE APPROVED BY THE COMMISSION FOR SUCH MATCHES OR  EXHI-
   41  BITIONS.  THE  COMMISSION  IS  AUTHORIZED  TO PROMULGATE RULES AND REGU-
   42  LATIONS TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION. SUCH RULES  AND
   43  REGULATIONS  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO, THE ADOPTION OF
   44  UNIFIED RULES OF MIXED MARTIAL ARTS, A LICENSING PROCESS FOR MATCHES AND
   45  EXHIBITIONS, A FEE SCHEDULE FOR SUCH LICENSES, PROCEDURES TO  ALLOW  FOR
   46  THE PARTICIPATION, PROMOTION, AND ADVANCEMENT OF SUCH EVENTS, THE HEALTH
   47  AND SAFETY OF PARTICIPANTS, AND THE BEST INTERESTS OF MIXED MARTIAL ARTS
   48  AND  THE  ADOPTION OF RULES AND REGULATIONS FOR LICENSING AND REGULATION
   49  OF ANY AND ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS  THAT
   50  MAINTAIN  TRAINING FACILITIES PROVIDING CONTACT SPARRING FOR PERSONS WHO
   51  PREPARE FOR PARTICIPATION IN SUCH PROFESSIONAL COMBATIVE SPORTS OR EXHI-
   52  BITIONS, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
   53    (B) THE COMMISSION IS AUTHORIZED AND  DIRECTED  TO  REQUIRE  THAT  ALL
   54  SITES  WHEREIN  PROFESSIONAL COMBATIVE SPORTS ARE CONDUCTED SHALL COMPLY
   55  WITH STATE AND APPLICABLE LOCAL SANITARY  CODES  APPROPRIATE  TO  SCHOOL
   56  ATHLETIC FACILITIES.
       A. 6506                             4

    1    2.  [No  combative  sport shall be conducted, held or given within the
    2  state of New York, and no licenses may be approved by the commission for
    3  such matches or exhibitions.
    4    3.  (a)  A  person  who knowingly advances or profits from a combative
    5  sport activity shall be guilty of a class A misdemeanor,  and  shall  be
    6  guilty of a class E felony if he or she has been convicted in the previ-
    7  ous five years of violating this subdivision.
    8    (b)  A  person  advances a combative sport activity when, acting other
    9  than as a spectator, he or she engages in conduct which materially  aids
   10  any combative sport. Such conduct includes but is not limited to conduct
   11  directed  toward  the creation, establishment or performance of a comba-
   12  tive sport, toward the acquisition or maintenance of premises, parapher-
   13  nalia, equipment or  apparatus  therefor,  toward  the  solicitation  or
   14  inducement of persons to attend or participate therein, toward the actu-
   15  al  conduct of the performance thereof, toward the arrangement of any of
   16  its financial or promotional phases, or toward  any  other  phase  of  a
   17  combative  sport.  One  advances a combative sport activity when, having
   18  substantial proprietary or other  authoritative  control  over  premises
   19  being  used  with his or her knowledge for purposes of a combative sport
   20  activity, he or she permits such to occur or continue or makes no effort
   21  to prevent its occurrence or continuation.
   22    (c) A person profits from a combative sport activity when  he  or  she
   23  accepts  or  receives money or other property with intent to participate
   24  in the proceeds of a combative sport activity, or pursuant to an  agree-
   25  ment  or understanding with any person whereby he or she participates or
   26  is to participate in the proceeds of a combative sport activity.
   27    (d) Any person who knowingly advances  or  profits  from  a  combative
   28  sport  activity  shall  also be subject to a civil penalty not to exceed
   29  for the first violation ten thousand dollars or twice the amount of gain
   30  derived therefrom whichever is greater, or for  a  subsequent  violation
   31  twenty  thousand  dollars  or twice the amount of gain derived therefrom
   32  whichever is greater.  The  attorney  general  is  hereby  empowered  to
   33  commence  judicial  proceedings  to recover such penalties and to obtain
   34  injunctive relief to enforce the provisions of  this  section.]  PROFES-
   35  SIONAL COMBATIVE SPORTS MATCHES AND EXHIBITIONS AUTHORIZED. NO COMBATIVE
   36  SPORTS  MATCH OR EXHIBITION SHALL BE CONDUCTED, HELD OR GIVEN WITHIN THE
   37  STATE EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION  AND  THE
   38  RULES  AND  REGULATIONS  PROMULGATED BY THE COMMISSION PURSUANT THERETO.
   39  THE COMMISSION SHALL DIRECT A REPRESENTATIVE TO BE PRESENT AT EACH PLACE
   40  WHERE COMBATIVE SPORTS ARE TO BE HELD PURSUANT TO THE PROVISIONS OF THIS
   41  SECTION.  SUCH  REPRESENTATIVE  SHALL  ASCERTAIN  THE  EXACT  CONDITIONS
   42  SURROUNDING  SUCH  MATCH  OR EXHIBITION AND MAKE A WRITTEN REPORT OF THE
   43  SAME IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. SUCH COMBATIVE
   44  SPORTS MATCHES OR EXHIBITIONS MAY BE HELD IN ANY BUILDING FOR WHICH  THE
   45  COMMISSION  IN  ITS  DISCRETION MAY ISSUE A LICENSE. WHERE SUCH MATCH OR
   46  EXHIBITION IS AUTHORIZED TO BE HELD IN A STATE OR CITY OWNED ARMORY, THE
   47  PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST BE COMPLIED  WITH,
   48  BUT  NO SUCH MATCH OR EXHIBITION SHALL BE HELD IN A BUILDING WHOLLY USED
   49  FOR RELIGIOUS SERVICES.
   50    3. JURISDICTION OF COMMISSION. (A) THE COMMISSION SHALL HAVE AND HERE-
   51  BY IS VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND  JURISDIC-
   52  TION OVER ALL PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS TO BE
   53  CONDUCTED,  HELD  OR  GIVEN  WITHIN  THE  STATE OF NEW YORK AND OVER ALL
   54  LICENSES TO ANY AND ALL PERSONS WHO PARTICIPATE IN SUCH COMBATIVE SPORTS
   55  MATCHES OR EXHIBITIONS AND OVER ANY AND ALL GYMS, CLUBS, TRAINING  CAMPS
   56  AND  OTHER  ORGANIZATIONS  THAT  MAINTAIN  TRAINING FACILITIES PROVIDING
       A. 6506                             5

    1  CONTACT SPARRING FOR PERSONS  WHO  PREPARE  FOR  PARTICIPATION  IN  SUCH
    2  PROFESSIONAL  COMBATIVE  SPORTS  OR  EXHIBITIONS,  EXCEPT  AS  OTHERWISE
    3  PROVIDED IN THIS SECTION.
    4    (B)  THE  COMMISSION  IS  AUTHORIZED  AND DIRECTED TO REQUIRE THAT ALL
    5  SITES WHEREIN PROFESSIONAL COMBATIVE SPORTS ARE CONDUCTED  SHALL  COMPLY
    6  WITH  STATE  AND  APPLICABLE  LOCAL SANITARY CODES APPROPRIATE TO SCHOOL
    7  ATHLETIC FACILITIES.
    8    4. ENTITIES  REQUIRED  TO  PROCURE  LICENSES;  PROFESSIONAL  COMBATIVE
    9  SPORTS PARTICIPANTS DEFINED. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
   10  SIX OF THIS SECTION, ALL CORPORATIONS, PERSONS, LIMITED LIABILITY COMPA-
   11  NIES,  REFEREES,  JUDGES, CORPORATION TREASURERS, PROFESSIONAL COMBATIVE
   12  SPORTS PARTICIPANTS,  THEIR  MANAGERS,  PROMOTERS,  TRAINERS  AND  CHIEF
   13  SECONDS SHALL BE LICENSED BY THE COMMISSION, AND NO SUCH ENTITY SHALL BE
   14  PERMITTED  TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY PROFES-
   15  SIONAL COMBATIVE SPORTS MATCH OR EXHIBITION,  OR  THE  HOLDING  THEREOF,
   16  UNLESS  SUCH ENTITY SHALL HAVE FIRST PROCURED A LICENSE FROM THE COMMIS-
   17  SION. THE COMMISSION SHALL ESTABLISH BY RULE  AND  REGULATION  LICENSING
   18  STANDARDS  FOR REFEREES, JUDGES, MANAGERS, PROMOTERS, TRAINERS AND CHIEF
   19  SECONDS.  ANY MATCH OR EXHIBITION CONFORMING TO THE  RULES,  REGULATIONS
   20  AND  REQUIREMENTS  OF  THIS SECTION SHALL BE DEEMED TO BE A PROFESSIONAL
   21  COMBATIVE SPORTS MATCH OR EXHIBITION.
   22    5. LICENSE TO ENTITIES. (A) THE COMMISSION  MAY,  IN  ITS  DISCRETION,
   23  ISSUE A LICENSE TO CONDUCT OR HOLD PROFESSIONAL COMBATIVE SPORTS MATCHES
   24  OR  EXHIBITIONS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON, CORPO-
   25  RATION OR LIMITED LIABILITY COMPANY DULY INCORPORATED OR FORMED, HEREIN-
   26  AFTER REFERRED TO AS "ENTITY".
   27    (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
   28  CAN FURNISH SUITABLE PREMISES IN WHICH SUCH MATCH OR EXHIBITION IS TO BE
   29  HELD.
   30    (C) UPON WRITTEN APPLICATION AND THE PAYMENT OF A FEE OF FIVE  HUNDRED
   31  DOLLARS  WHICH  MUST ACCOMPANY THE APPLICATION, THE COMMISSION MAY GRANT
   32  TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLD-
   33  ING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR
   34  IN ANOTHER LOCATION, THAN THE PREMISES OF LOCATION  PREVIOUSLY  APPROVED
   35  BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE
   36  RULES AND REGULATIONS OF THE COMMISSION.
   37    (D)  ALL  PENALTIES  IMPOSED  AND COLLECTED BY THE COMMISSION FROM ANY
   38  ENTITY LICENSED UNDER THE PROVISIONS OF THIS ACT, WHICH FINES AND PENAL-
   39  TIES ARE IMPOSED AND COLLECTED UNDER THE AUTHORITY HEREBY  VESTED  SHALL
   40  WITHIN  THIRTY  DAYS AFTER THE RECEIPT THEREOF BY THE COMMISSION BE PAID
   41  BY THEM INTO THE STATE TREASURY.
   42    6. TEMPORARY WORKING PERMITS FOR PROFESSIONAL COMBATIVE SPORTS PARTIC-
   43  IPANTS, MANAGERS, TRAINERS AND CHIEF SECONDS. THE COMMISSION  MAY  ISSUE
   44  TEMPORARY WORKING PERMITS TO PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS,
   45  THEIR  MANAGERS,  TRAINERS AND CHIEF SECONDS. A TEMPORARY WORKING PERMIT
   46  SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER OF SUCH PERMIT TO ENGAGE IN
   47  A SINGLE MATCH OR EXHIBITION AT A SPECIFIED TIME AND PLACE. A  TEMPORARY
   48  WORKING  PERMIT  MAY  BE ISSUED IF IN THE JUDGMENT OF THE COMMISSION THE
   49  PARTICIPATION OF THE HOLDER THEREOF IN A PROFESSIONAL  COMBATIVE  SPORTS
   50  MATCH  OR EXHIBITION WILL BE CONSISTENT WITH THE PURPOSES AND PROVISIONS
   51  OF THIS SECTION, THE BEST INTERESTS OF COMBATIVE SPORTS  GENERALLY,  AND
   52  THE  PUBLIC  INTEREST,  CONVENIENCE  OR  NECESSITY.  THE  COMMISSION MAY
   53  REQUIRE THAT PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS  APPLYING  FOR
   54  TEMPORARY  WORKING  PERMITS UNDERGO A PHYSICAL EXAMINATION, NEUROLOGICAL
   55  OR NEUROPSYCHOLOGICAL TEST OR PROCEDURE, INCLUDING  COMPUTED  TOMOGRAPHY
       A. 6506                             6

    1  OR  MEDICALLY  EQUIVALENT  PROCEDURE. THE FEE FOR SUCH TEMPORARY WORKING
    2  PERMIT SHALL BE TWENTY DOLLARS.
    3    7.  LICENSE  FEES;  TERM  OF  LICENSES; RENEWALS. EACH APPLICANT FOR A
    4  PROMOTER LICENSE SHALL, BEFORE A LICENSE IS ISSUED  BY  THE  COMMISSION,
    5  PAY  TO  THE  COMMISSION,  AN  ANNUAL LICENSE FEE AS FOLLOWS:  WHERE THE
    6  SEATING CAPACITY IS NOT  MORE  THAN  TWO  THOUSAND  FIVE  HUNDRED,  FIVE
    7  HUNDRED  DOLLARS;  WHERE  THE SEATING CAPACITY IS MORE THAN TWO THOUSAND
    8  FIVE HUNDRED BUT NOT MORE THAN  FIVE  THOUSAND,  ONE  THOUSAND  DOLLARS;
    9  WHERE  THE SEATING CAPACITY IS MORE THAN FIVE THOUSAND BUT NOT MORE THAN
   10  FIFTEEN THOUSAND, ONE THOUSAND FIVE HUNDRED DOLLARS; WHERE  THE  SEATING
   11  CAPACITY  IS  MORE  THAN  FIFTEEN THOUSAND BUT NOT MORE THAN TWENTY-FIVE
   12  THOUSAND, TWO THOUSAND FIVE HUNDRED DOLLARS; WHERE THE SEATING  CAPACITY
   13  IS  MORE THAN TWENTY-FIVE THOUSAND, THREE THOUSAND FIVE HUNDRED DOLLARS;
   14  REFEREE, ONE HUNDRED DOLLARS; JUDGES, ONE HUNDRED DOLLARS;  PROFESSIONAL
   15  COMBATIVE  SPORTS  PARTICIPANTS, FIFTY DOLLARS; MANAGERS, FIFTY DOLLARS;
   16  TRAINERS, FIFTY DOLLARS; AND CHIEF SECONDS, FORTY DOLLARS. EACH  LICENSE
   17  OR RENEWAL THEREOF ISSUED PURSUANT TO THIS SUBDIVISION ON OR AFTER OCTO-
   18  BER  FIRST SHALL BE EFFECTIVE FOR A LICENSE YEAR EXPIRING ON THE THIRTI-
   19  ETH DAY OF SEPTEMBER FOLLOWING THE DATE  OF  ITS  ISSUANCE.  THE  ANNUAL
   20  LICENSE  FEE PRESCRIBED BY THIS SUBDIVISION SHALL BE THE LICENSE FEE DUE
   21  AND PAYABLE THEREFOR AND SHALL BE PAID IN ADVANCE AT THE  TIME  APPLICA-
   22  TION  IS MADE THEREFOR, AND EACH SUCH LICENSE MAY BE RENEWED FOR PERIODS
   23  OF ONE YEAR UPON THE PAYMENT OF THE ANNUAL  LICENSE  FEE  PRESCRIBED  BY
   24  THIS  SUBDIVISION.  WITHIN THREE YEARS FROM THE DATE OF PAYMENT AND UPON
   25  THE AUDIT OF THE COMPTROLLER, THE COMMISSION MAY REFUND ANY FEE,  UNFOR-
   26  FEITED  POSTED GUARANTEE OR TAX PAID PURSUANT TO THIS SECTION, FOR WHICH
   27  NO LICENSE IS ISSUED OR NO SERVICE RENDERED OR REFUND  THAT  PORTION  OF
   28  THE PAYMENT THAT IS IN EXCESS OF THE AMOUNT PRESCRIBED BY STATUTE.
   29    8.  APPLICATION FOR LICENSE; FINGERPRINTS. (A) EVERY APPLICATION FOR A
   30  LICENSE SHALL BE IN WRITING, SHALL BE ADDRESSED TO THE COMMISSION, SHALL
   31  BE SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM AS  TRUE  UNDER  THE
   32  PENALTIES  OF  PERJURY, AND SHALL SET FORTH SUCH FACTS AS THE PROVISIONS
   33  HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY REQUIRE.
   34    (B) WHEN AN APPLICATION IS MADE FOR A LICENSE UNDER THIS SECTION,  THE
   35  COMMISSION  MAY  CAUSE  THE  FINGERPRINTS  OF SUCH APPLICANT, OR IF SUCH
   36  APPLICANT BE A CORPORATION, OF THE OFFICERS OF SUCH CORPORATION,  OR  IF
   37  SUCH  APPLICANT  BE  A  LIMITED  LIABILITY  COMPANY, THE MANAGER OF SUCH
   38  LIMITED LIABILITY COMPANY TO BE TAKEN IN DUPLICATE. THE APPLICANT  SHALL
   39  BE  RESPONSIBLE  FOR THE COST OF HAVING HIS FINGERPRINTS TAKEN.  IF SUCH
   40  FINGERPRINTS ARE TAKEN, ONE COPY SHALL BE TRANSMITTED TO THE DIVISION OF
   41  CRIMINAL JUSTICE SERVICES IN ACCORDANCE WITH THE RULES  AND  REGULATIONS
   42  OF  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AND ONE SHALL REMAIN ON
   43  FILE IN THE OFFICE  OF  THE  COMMISSION.  NO  SUCH  FINGERPRINT  MAY  BE
   44  INSPECTED  BY ANY PERSON, OTHER THAN A PEACE OFFICER, EXCEPT ON ORDER OF
   45  A JUDGE OR JUSTICE OF A COURT OF RECORD.  THE DIVISION IS HEREBY AUTHOR-
   46  IZED TO TRANSMIT CRIMINAL HISTORY INFORMATION TO THE COMMISSION FOR  THE
   47  PURPOSES  OF THIS PARAGRAPH.  THE INFORMATION OBTAINED BY ANY SUCH FING-
   48  ERPRINT EXAMINATION SHALL BE FOR THE GUIDANCE OF THE COMMISSION  IN  THE
   49  EXERCISE  OF ITS DISCRETION IN GRANTING OR WITHHOLDING THE LICENSE.  THE
   50  COMMISSION SHALL PROVIDE SUCH APPLICANT WITH A COPY OF HIS OR HER CRIMI-
   51  NAL  HISTORY  RECORD,  IF  ANY,  TOGETHER  WITH  A   COPY   OF   ARTICLE
   52  TWENTY-THREE-A  OF  THE CORRECTION LAW, AND INFORM SUCH APPLICANT OF HIS
   53  OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT  INFORMATION  CONTAINED
   54  IN SUCH RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE
   55  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES.  ALL DETERMINATIONS TO ISSUE,
   56  RENEW, SUSPEND OR REVOKE A LICENSE SHALL  BE  MADE  IN  ACCORDANCE  WITH
       A. 6506                             7

    1  SUBDIVISION  SIXTEEN  OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
    2  LAW AND ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
    3    9.  STANDARDS  FOR THE ISSUANCE OF LICENSES. (A) IF IN THE JUDGMENT OF
    4  THE COMMISSION THE FINANCIAL RESPONSIBILITY, EXPERIENCE,  CHARACTER  AND
    5  GENERAL  FITNESS  OF AN APPLICANT, INCLUDING IN THE CASE OF CORPORATIONS
    6  ITS OFFICERS AND STOCKHOLDERS, ARE SUCH THAT THE PARTICIPATION  OF  SUCH
    7  APPLICANT  WILL  BE  CONSISTENT  WITH  THE  BEST  INTERESTS OF COMBATIVE
    8  SPORTS, THE PURPOSES OF THIS SECTION INCLUDING  THE  SAFETY  OF  PROFES-
    9  SIONAL  COMBATIVE  SPORTS  PARTICIPANTS,  AND  IN  THE  PUBLIC INTEREST,
   10  CONVENIENCE OR NECESSITY,  THE  COMMISSION  SHALL  GRANT  A  LICENSE  IN
   11  ACCORDANCE WITH THE PROVISIONS CONTAINED IN THIS SUBDIVISION.
   12    (B)  ANY  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT  APPLYING FOR A
   13  LICENSE OR RENEWAL OF A LICENSE UNDER THIS SUBDIVISION SHALL  UNDERGO  A
   14  COMPREHENSIVE  PHYSICAL  EXAMINATION INCLUDING CLINICAL NEUROLOGICAL AND
   15  NEUROPSYCHOLOGICAL EXAMINATIONS BY A PHYSICIAN APPROVED BY  THE  COMMIS-
   16  SION.  IF,  AT  THE TIME OF SUCH EXAMINATION, THERE IS ANY INDICATION OF
   17  BRAIN INJURY, OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS  IT  APPROPRI-
   18  ATE,  THE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT SHALL BE REQUIRED TO
   19  UNDERGO FURTHER NEUROLOGICAL AND NEUROPSYCHOLOGICAL  EXAMINATIONS  BY  A
   20  NEUROLOGIST  INCLUDING,  BUT  NOT  LIMITED  TO, A COMPUTED TOMOGRAPHY OR
   21  MEDICALLY EQUIVALENT PROCEDURE. THE COMMISSION SHALL NOT ISSUE A LICENSE
   22  TO A PROFESSIONAL COMBATIVE SPORTS PARTICIPANT UNTIL  SUCH  EXAMINATIONS
   23  ARE  COMPLETED  AND  REVIEWED BY THE COMMISSION. THE RESULTS OF ALL SUCH
   24  EXAMINATIONS HEREIN REQUIRED SHALL BECOME A  PART  OF  THE  PROFESSIONAL
   25  COMBATIVE SPORTS PARTICIPANT'S PERMANENT MEDICAL RECORD AS MAINTAINED BY
   26  THE  COMMISSION.  THE  COST  OF ALL SUCH EXAMINATIONS CALLED FOR IN THIS
   27  SUBDIVISION SHALL BE ASSUMED BY  THE  STATE  IF  SUCH  EXAMINATIONS  ARE
   28  PERFORMED BY A PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION.
   29    (C)  ANY PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED UNDER THIS
   30  CHAPTER SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIAL-
   31  ITY OF MEDICAL RECORDS RELATING TO TREATMENT OF ANY  PHYSICAL  CONDITION
   32  WHICH RELATES TO HIS ABILITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO,
   33  AND  ALL MEDICAL RECORDS OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION
   34  RELATIVE TO THE PHYSICAL EXAMINATION OR CONDITION  OF  COMBATIVE  SPORTS
   35  PARTICIPANTS  SHALL  BE  CONSIDERED  CONFIDENTIAL,  AND SHALL BE OPEN TO
   36  EXAMINATION ONLY TO THE COMMISSION OR ITS AUTHORIZED REPRESENTATIVE,  TO
   37  THE  LICENSED PARTICIPANT, MANAGER OR CHIEF SECOND UPON WRITTEN APPLICA-
   38  TION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF  COMPETENT
   39  JURISDICTION IN AN APPROPRIATE CASE.
   40    10.  FINANCIAL  INTEREST IN PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS
   41  PROHIBITED. NO ENTITY SHALL HAVE, EITHER  DIRECTLY  OR  INDIRECTLY,  ANY
   42  FINANCIAL  INTEREST  IN  A  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT
   43  COMPETING ON PREMISES OWNED OR LEASED BY THE ENTITY, OR  IN  WHICH  SUCH
   44  ENTITY  IS  OTHERWISE INTERESTED EXCEPT PURSUANT TO THE SPECIFIC WRITTEN
   45  AUTHORIZATION OF THE COMMISSION.
   46    11. PAYMENTS NOT TO BE MADE BEFORE CONTESTS. NO PROFESSIONAL COMBATIVE
   47  SPORTS PARTICIPANT SHALL BE PAID FOR SERVICES BEFORE  THE  CONTEST,  AND
   48  SHOULD  IT BE DETERMINED BY THE COMMISSION THAT SUCH PARTICIPANT DID NOT
   49  GIVE AN HONEST EXHIBITION OF HIS SKILL, SUCH SERVICE SHALL NOT  BE  PAID
   50  FOR.
   51    12.  SHAM  OR  COLLUSIVE  EVENTS. (A) ANY PERSON, INCLUDING ANY CORPO-
   52  RATION AND THE OFFICERS THEREOF, ANY PHYSICIAN, LIMITED LIABILITY COMPA-
   53  NY, REFEREE, JUDGE, PROFESSIONAL COMBATIVE SPORTS PARTICIPANT,  MANAGER,
   54  TRAINER OR CHIEF SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE
   55  IN  ANY SHAM OR COLLUSIVE PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBI-
   56  TION, SHALL BE DEPRIVED OF HIS LICENSE BY THE COMMISSION.
       A. 6506                             8

    1    (B) NO LICENSED ENTITY SHALL KNOWINGLY ENGAGE IN A COURSE  OF  CONDUCT
    2  IN  WHICH  PROFESSIONAL  COMBATIVE  SPORTS  MATCHES  OR  EXHIBITIONS ARE
    3  ARRANGED WHERE ONE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT HAS  SKILLS
    4  OR  EXPERIENCE  SIGNIFICANTLY IN EXCESS OF THE OTHER PROFESSIONAL COMBA-
    5  TIVE SPORTS PARTICIPANT SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF
    6  PHYSICAL  HARM TO THE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT. IF SUCH
    7  ACTION OCCURS, THE COMMISSION MAY  EXERCISE  ITS  POWERS  TO  DISCIPLINE
    8  UNDER  SUBDIVISIONS THIRTEEN AND FOURTEEN OF THIS SECTION, PROVIDED THAT
    9  NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE THE COMMISSION TO  INTERVENE
   10  OR  PROHIBIT  A PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION SOLELY
   11  ON THE BASIS OF THE DIFFERENCE BETWEEN RESPECTIVE PARTICIPANT'S  MARTIAL
   12  ARTS DISCIPLINES.
   13    13. IMPOSITION OF PENALTIES FOR VIOLATIONS. ANY ENTITY, LICENSED UNDER
   14  THE PROVISIONS OF THIS SECTION, THAT SHALL KNOWINGLY VIOLATE ANY RULE OR
   15  ORDER OF THE COMMISSION OR ANY PROVISION OF THIS SECTION, IN ADDITION TO
   16  ANY  OTHER PENALTY BY LAW PRESCRIBED, SHALL BE LIABLE TO A CIVIL PENALTY
   17  NOT EXCEEDING FIVE THOUSAND DOLLARS TO BE IMPOSED BY THE COMMISSION,  TO
   18  BE  SUED  FOR  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
   19  STATE OF NEW YORK IF DIRECTED BY  THE  COMMISSION.  THE  AMOUNT  OF  THE
   20  PENALTY  COLLECTED BY THE COMMISSION OR RECOVERED IN ANY SUCH ACTION, OR
   21  PAID TO THE COMMISSION UPON A COMPROMISE AS HEREINAFTER PROVIDED,  SHALL
   22  BE  TRANSMITTED  BY  THE DEPARTMENT OF STATE INTO THE STATE TREASURY AND
   23  CREDITED TO THE GENERAL FUND.  THE  COMMISSION,  FOR  CAUSE  SHOWN,  MAY
   24  EXTEND  THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY
   25  ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY  AS  IMPOSED  IN  SETTLEMENT
   26  THEREOF.
   27    14. REVOCATION OR SUSPENSION OF LICENSES. (A) ANY LICENSE ISSUED UNDER
   28  THE  PROVISIONS  OF  THIS  SECTION  MAY  BE  REVOKED OR SUSPENDED BY THE
   29  COMMISSION FOR THE REASON THEREIN STATED, THAT THE LICENSEE HAS, IN  THE
   30  JUDGMENT  OF  THE  COMMISSION,  BEEN GUILTY OF AN ACT DETRIMENTAL TO THE
   31  INTERESTS OF COMBATIVE SPORTS  GENERALLY  OR  TO  THE  PUBLIC  INTEREST,
   32  CONVENIENCE OR NECESSITY.
   33    (B)  WITHOUT  OTHERWISE  LIMITING  THE DISCRETION OF THE COMMISSION AS
   34  PROVIDED IN THIS SECTION, THE COMMISSION MAY SUSPEND OR REVOKE A LICENSE
   35  OR REFUSE TO RENEW OR ISSUE A LICENSE, IF IT SHALL FIND THAT THE  APPLI-
   36  CANT  OR PARTICIPANT: (1) HAS BEEN CONVICTED OF A CRIME IN ANY JURISDIC-
   37  TION; (2) IS ASSOCIATING OR  CONSORTING  WITH  ANY  PERSON  WHO  HAS  OR
   38  PERSONS WHO HAVE BEEN CONVICTED OF A CRIME OR CRIMES IN ANY JURISDICTION
   39  OR  JURISDICTIONS;  (3)  HAS  BEEN  GUILTY  OF OR ATTEMPTED ANY FRAUD OR
   40  MISREPRESENTATION IN CONNECTION WITH COMBATIVE SPORTS; (4) HAS  VIOLATED
   41  OR  ATTEMPTED TO VIOLATE ANY LAW WITH RESPECT TO COMBATIVE SPORTS IN ANY
   42  JURISDICTION OR ANY RULE, REGULATION OR  ORDER  OF  THE  COMMISSION,  OR
   43  SHALL  HAVE  VIOLATED ANY RULE OF COMBATIVE SPORTS WHICH SHALL HAVE BEEN
   44  APPROVED OR ADOPTED BY THE COMMISSION, OR HAS BEEN GUILTY OF OR  ENGAGED
   45  IN  SIMILAR, RELATED OR LIKE PRACTICES; OR (5) HAS NOT ACTED IN THE BEST
   46  INTEREST OF MIXED MARTIAL ARTS.   ALL DETERMINATIONS  TO  ISSUE,  RENEW,
   47  SUSPEND OR REVOKE A LICENSE SHALL BE MADE IN ACCORDANCE WITH SUBDIVISION
   48  SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI-
   49  CLE TWENTY-THREE-A OF THE CORRECTION LAW AS APPLICABLE.
   50    (C)  NO  SUCH  PARTICIPANT  MAY, UNDER ANY   CIRCUMSTANCES, COMPETE OR
   51  APPEAR IN A PROFESSIONAL COMBATIVE SPORTS  MATCH  OR  EXHIBITION  WITHIN
   52  NINETY  DAYS  OF HAVING SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN ANY
   53  SUCH MATCH OR EXHIBITION WITHOUT CLEARANCE BY THE BOARD, OR WITHIN NINE-
   54  TY DAYS OF BEING RENDERED UNCONSCIOUS IN ANY SUCH  MATCH  OR  EXHIBITION
   55  WHERE  THERE  IS  EVIDENCE OF HEAD TRAUMA AS DETERMINED BY THE ATTENDING
   56  COMMISSION PHYSICIAN AND SHALL UNDERGO  SUCH  EXAMINATIONS  AS  REQUIRED
       A. 6506                             9

    1  UNDER  PARAGRAPH  (B) OF SUBDIVISION TWENTY OF THIS SECTION. THE PROFES-
    2  SIONAL COMBATIVE SPORTS PARTICIPANT SHALL BE CONSIDERED  SUSPENDED  FROM
    3  PROFESSIONAL  COMBATIVE  SPORTS MATCHES OR EXHIBITIONS BY THE COMMISSION
    4  AND  SHALL  FORFEIT HIS LICENSE TO THE COMMISSION DURING SUCH PERIOD AND
    5  SUCH LICENSE SHALL NOT BE RETURNED TO THE PARTICIPANT UNTIL THE  PARTIC-
    6  IPANT HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR REINSTATEMENT
    7  OF  SUCH  LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN THE PARTIC-
    8  IPANT'S LICENSE BY A COMMISSION OFFICIAL.
    9    (D) THE COMMISSION MAY AT ANY TIME SUSPEND, REVOKE OR DENY  A  PARTIC-
   10  IPANT'S  LICENSE  OR TEMPORARY WORKING PERMIT FOR MEDICAL REASONS AT THE
   11  RECOMMENDATION OF THE BOARD.
   12    (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  IF  ANY  OTHER  STATE
   13  SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE OR APPEAR IN A PROFESSIONAL
   14  COMBATIVE  SPORTS  MATCH  OR EXHIBITION IN THAT STATE BASED ON A KNOWING
   15  AND INTENTIONAL ENGAGEMENT IN ANY PROHIBITED PRACTICES  OF  SUCH  STATE,
   16  THE  COMMISSION  MAY ACT TO REVOKE ANY LICENSE TO COMPETE OR APPEAR IN A
   17  PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION ISSUED TO SUCH  LICEN-
   18  SEE PURSUANT TO THE PROVISIONS OF THIS SECTION.
   19    (F)  THE  COMMISSION  MAY SUSPEND ANY LICENSE IT HAS ISSUED BY A DATED
   20  NOTICE TO THAT EFFECT TO THE SUSPENDED LICENSEE, MAILED OR DELIVERED  TO
   21  THE  LICENSEE, AND SPECIFYING THE EFFECTIVE DATE AND TERM OF THE SUSPEN-
   22  SION, PROVIDED HOWEVER THAT THE COMMISSION REPRESENTATIVE IN CHARGE OF A
   23  CONTEST OR EXHIBITION MAY THEN AND THERE TEMPORARILY SUSPEND ANY LICENSE
   24  ISSUED BY THE COMMISSION WITHOUT SUCH NOTICE. IN THE EVENT OF  A  TEMPO-
   25  RARY  SUSPENSION, THE COMMISSION SHALL MAIL OR DELIVER THE NOTICE TO THE
   26  SUSPENDED LICENSEE  WITHIN  THREE  BUSINESS  DAYS  AFTER  THE  TEMPORARY
   27  SUSPENSION.  IN  EITHER  CASE SUCH SUSPENSION MAY BE WITHOUT ANY ADVANCE
   28  HEARING. UPON THE RECEIPT OF SUCH NOTICE OF  SUSPENSION,  THE  SUSPENDED
   29  LICENSEE  MAY  APPLY  TO  THE  COMMISSION FOR A HEARING ON THE MATTER TO
   30  DETERMINE WHETHER SUCH SUSPENSION SHOULD BE RESCINDED. SUCH  APPLICATION
   31  FOR  A HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE COMMISSION
   32  WITHIN THIRTY DAYS AFTER THE DATE OF NOTICE OF SUSPENSION.  THE  COMMIS-
   33  SION SHALL HAVE THE AUTHORITY TO REVOKE ANY LICENSE ISSUED BY IT. BEFORE
   34  ANY  LICENSE IS SO REVOKED, THE LICENSEE WILL BE OFFERED THE OPPORTUNITY
   35  AT A HEARING HELD BY OR ON BEHALF OF THE COMMISSION TO  SHOW  CAUSE  WHY
   36  THE LICENSE SHOULD NOT BE REVOKED. THE COMMISSION SHALL OFFER THE OPPOR-
   37  TUNITY  FOR  A  HEARING  TO  AN  AFFECTED PERSON BEFORE TAKING ANY FINAL
   38  ACTION NEGATIVELY AFFECTING SUCH PERSON'S INDIVIDUAL PRIVILEGES OR PROP-
   39  ERTY GRANTED BY A LICENSE DULY ISSUED BY THE COMMISSION  OR  A  CONTRACT
   40  APPROVED  BY AND FILED WITH THE COMMISSION. IN ALL SUCH HEARINGS, LICEN-
   41  SEES AND OTHER WITNESSES SHALL TESTIFY UNDER OATH OR AFFIRMATION,  WHICH
   42  MAY  BE ADMINISTERED BY ANY COMMISSIONER OR AUTHORIZED REPRESENTATIVE OF
   43  THE COMMISSION ACTUALLY PRESENT. THE COMMISSION SHALL BE THE SOLE  JUDGE
   44  OF  THE  RELEVANCY  AND  COMPETENCY OF TESTIMONY AND OTHER EVIDENCE, THE
   45  CREDIBILITY OF WITNESSES, AND THE SUFFICIENCY OF EVIDENCE. HEARINGS  MAY
   46  BE  CONDUCTED  BY REPRESENTATIVES OF THE COMMISSION IN THE DISCRETION OF
   47  THE COMMISSION. IN SUCH CASES, THE COMMISSION REPRESENTATIVES CONDUCTING
   48  THE HEARING SHALL SUBMIT FINDINGS OF FACT  AND  RECOMMENDATIONS  TO  THE
   49  COMMISSION, WHICH SHALL NOT BE BINDING ON THE COMMISSION.
   50    15.  ADVERTISING MATTER TO STATE ADMISSION PRICE. IT SHALL BE THE DUTY
   51  OF EVERY ENTITY PROMOTING OR CONDUCTING A PROFESSIONAL COMBATIVE  SPORTS
   52  MATCH  OR  EXHIBITION SUBJECT TO THE PROVISIONS OF THIS SECTION TO CAUSE
   53  TO BE INSERTED IN EACH SHOW CARD, BILL, POSTER, NEWSPAPER  ADVERTISEMENT
   54  OF  ANY  PROFESSIONAL  COMBATIVE SPORTS MATCH OR EXHIBITION GIVEN BY IT,
   55  THE PRICE OF ADMISSION THERETO. VIOLATION  OF  THE  PROVISIONS  OF  THIS
   56  SUBDIVISION SHALL SUBJECT THE ENTITY TO A FINE OF ONE HUNDRED DOLLARS.
       A. 6506                            10

    1    16.  TICKETS  TO  INDICATE PURCHASE PRICE. ALL TICKETS OF ADMISSION TO
    2  ANY SUCH COMBATIVE SPORTS MATCH OR EXHIBITION SHALL BE CONTROLLED BY THE
    3  PROVISIONS OF ARTICLE TWENTY-FIVE OF THE ARTS AND CULTURAL AFFAIRS  LAW.
    4  IT SHALL BE UNLAWFUL FOR ANY ENTITY TO ADMIT TO SUCH MATCH OR EXHIBITION
    5  A  NUMBER OF PEOPLE GREATER THAN THE SEATING CAPACITY OF THE PLACE WHERE
    6  SUCH MATCH OR EXHIBITION IS HELD. VIOLATION OF THIS SUBDIVISION SHALL BE
    7  A MISDEMEANOR AND SHALL BE PUNISHABLE AS  SUCH  AND  IN  ADDITION  SHALL
    8  INCUR FORFEITURE OF LICENSE.
    9    17.  EQUIPMENT  OF BUILDINGS FOR MATCHES OR EXHIBITIONS. ALL BUILDINGS
   10  OR STRUCTURES USED OR INTENDED TO BE USED FOR  HOLDING  OR  GIVING  SUCH
   11  PROFESSIONAL  COMBATIVE  SPORTS MATCHES OR EXHIBITIONS SHALL BE PROPERLY
   12  VENTILATED AND PROVIDED WITH FIRE EXITS AND FIRE  ESCAPES,  AND  IN  ALL
   13  MANNER  CONFORM  TO  THE  LAWS, ORDINANCES AND REGULATIONS PERTAINING TO
   14  BUILDINGS IN THE CITY, TOWN OR VILLAGE WHERE SITUATED.
   15    18. AGE OF PARTICIPANTS AND SPECTATORS.  NO PERSON UNDER  THE  AGE  OF
   16  EIGHTEEN  YEARS  SHALL  PARTICIPATE IN ANY PROFESSIONAL COMBATIVE SPORTS
   17  MATCH OR EXHIBITION, AND NO PERSON UNDER SIXTEEN YEARS OF AGE  SHALL  BE
   18  PERMITTED  TO  ATTEND  AS  A SPECTATOR; PROVIDED, HOWEVER, THAT A PERSON
   19  UNDER THE AGE OF SIXTEEN SHALL BE PERMITTED TO ATTEND AS A SPECTATOR  IF
   20  ACCOMPANIED BY A PARENT OR GUARDIAN.
   21    19.  REGULATION  OF  CONDUCT OF MATCHES OR EXHIBITIONS. (A) EXCEPT FOR
   22  CHAMPIONSHIP MATCHES, WHICH SHALL NOT  BE  MORE  THAN  FIVE  ROUNDS,  NO
   23  COMBATIVE  SPORTS MATCH OR EXHIBITION SHALL BE MORE THAN THREE ROUNDS IN
   24  LENGTH.  NO PARTICIPANT SHALL BE ALLOWED TO  PARTICIPATE  IN  MORE  THAN
   25  THREE  MATCHES  OR  EXHIBITIONS  OR  COMPETE FOR MORE THAN SIXTY MINUTES
   26  WITHIN SEVENTY-TWO CONSECUTIVE HOURS.  NO PARTICIPANT SHALL  BE  ALLOWED
   27  TO  COMPETE IN ANY SUCH MATCH OR EXHIBITION WITHOUT WEARING A MOUTHGUARD
   28  AND A PROTECTIVE GROIN CUP.  AT EACH PROFESSIONAL COMBATIVE SPORTS MATCH
   29  OR EXHIBITION, THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE  WHO
   30  SHALL  DIRECT  AND  CONTROL  THE  SAME. BEFORE STARTING SUCH CONTEST THE
   31  REFEREE SHALL ASCERTAIN FROM EACH PARTICIPANT THE NAME OF HIS MANAGER OR
   32  CHIEF SECOND, AND SHALL HOLD SUCH MANAGER OR  CHIEF  SECOND  RESPONSIBLE
   33  FOR  THE  CONDUCT  OF  HIS  ASSISTANT SECONDS DURING THE PROGRESS OF THE
   34  MATCH OR EXHIBITION.   THE  COMMISSION  SHALL  HAVE  THE  POWER  IN  ITS
   35  DISCRETION TO DECLARE FORFEITED ANY PRIZE, REMUNERATION OR PURSE, OR ANY
   36  PART THEREOF, BELONGING TO THE PARTICIPANTS OR ONE OF THEM, OR THE SHARE
   37  THEREOF  OF ANY MANAGER OR CHIEF SECOND IF IN ITS JUDGMENT, SUCH PARTIC-
   38  IPANT OR PARTICIPANTS ARE NOT HONESTLY COMPETING OR THE  PARTICIPANT  OR
   39  MANAGER  OR  CHIEF  SECOND  OF  A  PARTICIPANT,  AS THE CASE MAY BE, HAS
   40  COMMITTED AN ACT IN THE PREMISES IN VIOLATION  OF  ANY  RULE,  ORDER  OR
   41  REGULATION  OF  THE  COMMISSION.  THE  AMOUNT SO FORFEITED SHALL BE PAID
   42  WITHIN FORTY-EIGHT HOURS TO THE  COMMISSION.  THERE  SHALL  ALSO  BE  IN
   43  ATTENDANCE,  THREE  DULY LICENSED JUDGES WHO SHALL AT THE TERMINATION OF
   44  EACH SUCH COMBATIVE SPORTS MATCH OR EXHIBITION  RENDER  THEIR  DECISION.
   45  THE WINNER OF SUCH MATCH OR EXHIBITION SHALL BE DETERMINED IN ACCORDANCE
   46  WITH  A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.  PROVIDED, HOWEVER,
   47  THAT A PARTICIPANT MAY TERMINATE THE CONTEST BY SIGNALLING TO THE REFER-
   48  EE THAT SUCH PARTICIPANT SUBMITS TO THE OPPONENT.
   49    (B) THE COMMISSION MAY BY RULE, REGULATION OR ORDER, REQUIRE THE PRES-
   50  ENCE OF ANY MEDICAL EQUIPMENT AND PERSONNEL AT EACH PROFESSIONAL  COMBA-
   51  TIVE  SPORTS  MATCH  OR EXHIBITION AS IS NECESSARY OR BENEFICIAL FOR THE
   52  SAFETY AND PROTECTION OF THE CONTESTANTS; AND MAY ALSO REQUIRE THE PRES-
   53  ENCE OF AN AMBULANCE OR OTHER APPARATUS AT THE SITE OF ANY SUCH MATCH OR
   54  EXHIBITION OR THE PROMULGATION OF AN  EMERGENCY  MEDICAL  PLAN  IN  LIEU
   55  THEREOF.
       A. 6506                            11

    1    (C) THE COMMISSION SHALL PRESCRIBE BY RULE OR REGULATION THE RESPONSI-
    2  BILITIES  OF  MANAGERS,  TRAINERS AND CHIEF SECONDS PRIOR TO, DURING AND
    3  AFTER A COMBATIVE SPORTS MATCH OR EXHIBITION IN  ORDER  TO  PROMOTE  THE
    4  SAFETY OF THE PARTICIPANTS AT ALL TIMES.
    5    (D)  THE  COMMISSION  SHALL  REQUIRE  BY  RULE  OR REGULATION THAT ANY
    6  PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED  UNDER  THIS  SECTION
    7  PRESENT  TO A DESIGNATED COMMISSION OFFICIAL, BEFORE EACH MATCH OR EXHI-
    8  BITION IN WHICH HE FIGHTS IN THIS STATE, A LICENSE WHICH  SHALL  INCLUDE
    9  BUT  NOT  BE LIMITED TO THE FOLLOWING INFORMATION: (1) THE PARTICIPANT'S
   10  NAME, PHOTOGRAPH, SOCIAL SECURITY NUMBER, DATE OF BIRTH, AND OTHER IDEN-
   11  TIFYING INFORMATION; (2) THE PARTICIPANT'S  PRIOR  MATCH  OR  EXHIBITION
   12  HISTORY  INCLUDING  THE DATES, LOCATION, AND DECISION OF SUCH MATCHES OR
   13  EXHIBITIONS; AND (3) THE PARTICIPANT'S MEDICAL HISTORY, RELATING TO  ANY
   14  PHYSICAL CONDITION, MEDICAL TEST OR PROCEDURE WHICH RELATES TO HIS ABIL-
   15  ITY TO FIGHT, AND A RECORD OF ALL MEDICAL SUSPENSIONS.
   16    20. EXAMINATION BY PHYSICIAN; COST. (A) ALL PARTICIPANTS MUST BE EXAM-
   17  INED  BY  A  PHYSICIAN  DESIGNATED BY THE COMMISSION BEFORE ENTERING THE
   18  RING AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE  COMMISSION
   19  A  WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH EXAMINATION,
   20  AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE COMMISSION, SHALL
   21  BE PAID BY THE ENTITY CONDUCTING THE MATCH OR EXHIBITION TO THE  COMMIS-
   22  SION,  WHICH  SHALL THEN PAY THE FEE COVERING SUCH COST TO THE EXAMINING
   23  PHYSICIAN, IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
   24    (B) ANY PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED OR  PERMIT-
   25  TED  UNDER THIS SECTION RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA AS
   26  DETERMINED BY THE ATTENDING PHYSICIAN SHALL BE IMMEDIATELY  EXAMINED  BY
   27  THE  ATTENDING  COMMISSION  PHYSICIAN  AND  SHALL BE REQUIRED TO UNDERGO
   28  NEUROLOGICAL  AND  NEUROPSYCHOLOGICAL  EXAMINATIONS  BY  A   NEUROLOGIST
   29  INCLUDING  BUT  NOT LIMITED TO A COMPUTED TOMOGRAPHY OR MEDICALLY EQUIV-
   30  ALENT PROCEDURE. ANY PARTICIPANT SO INJURED  SHALL  NOT  APPEAR  IN  ANY
   31  MATCH  OR  EXHIBITION UNTIL RESULTS OF SUCH EXAMINATIONS ARE REVIEWED BY
   32  THE COMMISSION. THE RESULTS OF ALL  SUCH  EXAMINATIONS  HEREIN  REQUIRED
   33  SHALL  BECOME  A  PART OF THE PARTICIPANT'S PERMANENT MEDICAL RECORDS AS
   34  MAINTAINED BY THE COMMISSION AND SHALL BE  USED  BY  THE  COMMISSION  TO
   35  DETERMINE  WHETHER  A  PARTICIPANT  SHALL  BE PERMITTED TO APPEAR IN ANY
   36  FUTURE PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION.  THE COSTS  OF
   37  ALL  SUCH  EXAMINATIONS CALLED FOR IN THIS PARAGRAPH SHALL BE ASSUMED BY
   38  THE ENTITY OR PROMOTER IF SUCH EXAMINATIONS ARE PERFORMED BY A PHYSICIAN
   39  APPROVED BY THE COMMISSION.
   40    (C) THE COMMISSION MAY AT ANY TIME REQUIRE  A  LICENSED  OR  PERMITTED
   41  PARTICIPANT  TO UNDERGO A PHYSICAL EXAMINATION, INCLUDING ANY NEUROLOGI-
   42  CAL OR NEUROPSYCHOLOGICAL TEST OR PROCEDURE. THE COST OF SUCH EXAM SHALL
   43  BE ASSUMED BY THE STATE.
   44    21. PHYSICIAN TO BE IN ATTENDANCE; POWERS OF SUCH  PHYSICIAN.  (A)  IT
   45  SHALL BE THE DUTY OF EVERY ENTITY LICENSED TO CONDUCT A COMBATIVE SPORTS
   46  MATCH  OR EXHIBITION, TO HAVE IN ATTENDANCE AT EVERY MATCH OR EXHIBITION
   47  AT LEAST ONE PHYSICIAN DESIGNATED BY THE COMMISSION AS THE  RULES  SHALL
   48  PROVIDE.  THE  COMMISSION MAY ESTABLISH A SCHEDULE OF FEES TO BE PAID BY
   49  THE LICENSEE TO COVER THE COST OF SUCH ATTENDANCE. SUCH  FEES  SHALL  BE
   50  PAID TO THE COMMISSION, WHICH SHALL THEN PAY SUCH FEES TO THE PHYSICIANS
   51  ENTITLED THERETO, IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
   52    (B)  THE  PHYSICIAN  SHALL TERMINATE ANY PROFESSIONAL COMBATIVE SPORTS
   53  MATCH OR EXHIBITION IF IN THE OPINION OF SUCH PHYSICIAN ANY  PARTICIPANT
   54  HAS RECEIVED SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJU-
   55  RY.  IN  THE  EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL
   56  IMMEDIATELY RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND  FURTHER
       A. 6506                            12

    1  TREATMENT  OR  HOSPITALIZATION  IF REQUIRED, AND FULLY REPORT THE ENTIRE
    2  MATTER TO THE COMMISSION WITHIN  TWENTY-FOUR  HOURS  AND  IF  NECESSARY,
    3  SUBSEQUENTLY  THEREAFTER.  SUCH  PHYSICIAN  MAY  ALSO  REQUIRE  THAT THE
    4  INJURED  PARTICIPANT  AND HIS MANAGER OR CHIEF SECOND REMAIN IN THE RING
    5  OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER THE  CONTEST  FOR  SUCH
    6  PERIOD OF TIME AS SUCH PHYSICIAN DEEMS ADVISABLE.
    7    (C)  SUCH  PHYSICIAN  MAY  ENTER THE RING AT ANY TIME DURING A PROFES-
    8  SIONAL COMBATIVE SPORTS MATCH OR EXHIBITION AND MAY TERMINATE THE  MATCH
    9  OR  EXHIBITION IF IN HIS OPINION THE SAME IS NECESSARY TO PREVENT SEVERE
   10  PUNISHMENT OR SERIOUS PHYSICAL INJURY TO A PARTICIPANT.
   11    22. BOND. BEFORE A LICENSE SHALL BE GRANTED TO AN ENTITY TO CONDUCT  A
   12  PROFESSIONAL  COMBATIVE  SPORTS MATCH OR EXHIBITION, THE APPLICANT SHALL
   13  EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT TO  BE  DETER-
   14  MINED  BY  THE  COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY OF
   15  SURETIES THEREON  BY  THE  COMPTROLLER,  CONDITIONED  FOR  THE  FAITHFUL
   16  PERFORMANCE  BY  SUCH  ENTITY  OF THE PROVISIONS OF THIS SECTION AND THE
   17  RULES AND REGULATIONS  OF  THE  COMMISSION,  AND  UPON  THE  FILING  AND
   18  APPROVAL  OF  SUCH  BOND THE COMPTROLLER SHALL ISSUE TO SUCH APPLICANT A
   19  CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE BY  SUCH  APPLI-
   20  CANT  FILED  IN  THE  OFFICE  OF THE COMMISSION WITH ITS APPLICATION FOR
   21  LICENSE, AND NO SUCH LICENSE SHALL  BE  ISSUED  UNTIL  SUCH  CERTIFICATE
   22  SHALL  BE  FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE COMMISSION
   23  MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE
   24  THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE  ATTOR-
   25  NEY  GENERAL  IN  THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN THE
   26  SAME MANNER AS OTHER PENALTIES ARE  RECOVERED  BY  LAW;  ANY  AMOUNT  SO
   27  RECOVERED SHALL BE PAID INTO THE TREASURY.
   28    23.  BOND  FOR PURSES, SALARIES AND OTHER EXPENSES. IN ADDITION TO THE
   29  BOND REQUIRED BY SUBDIVISION TWENTY-TWO OF THIS SECTION, EACH  APPLICANT
   30  FOR  A LICENSE TO CONDUCT PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHI-
   31  BITIONS SHALL EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN  AMOUNT
   32  TO  BE DETERMINED BY THE COMMISSION TO BE APPROVED AS TO FORM AND SUFFI-
   33  CIENCY OF SURETIES THEREON BY THE COMPTROLLER, CONDITIONED FOR AND GUAR-
   34  ANTEEING THE PAYMENT  OF  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS'
   35  PURSES,  SALARIES  OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, AND THE
   36  LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL.
   37    24. DUTY TO PROVIDE  INSURANCE  FOR  LICENSED  PROFESSIONAL  COMBATIVE
   38  SPORTS  PARTICIPANTS.    (A)  ALL  ENTITIES HAVING LICENSES AS PROMOTERS
   39  SHALL CONTINUOUSLY PROVIDE INSURANCE  FOR  THE  PROTECTION  OF  LICENSED
   40  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS, APPEARING IN PROFESSIONAL
   41  COMBATIVE SPORTS MATCHES OR EXHIBITIONS.  SUCH INSURANCE COVERAGE  SHALL
   42  PROVIDE  FOR REIMBURSEMENT TO THE LICENSED ATHLETE FOR MEDICAL, SURGICAL
   43  AND HOSPITAL CARE, WITH A MINIMUM LIMIT OF FIFTY  THOUSAND  DOLLARS  FOR
   44  INJURIES SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE
   45  CONTROL OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF ONE HUNDRED THOU-
   46  SAND  DOLLARS  TO THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS
   47  OCCASIONED BY INJURIES RECEIVED DURING THE COURSE OF A MATCH OR  EXHIBI-
   48  TION  IN WHICH SUCH LICENSED ATHLETE PARTICIPATED UNDER THE PROMOTION OR
   49  CONTROL OF ANY LICENSED PROMOTER.  THE COMMISSION MAY FROM TIME TO TIME,
   50  IN ITS DISCRETION, INCREASE THE AMOUNT OF SUCH MINIMUM LIMITS.
   51    (B) THE FAILURE TO PAY PREMIUMS ON SUCH INSURANCE AS  IS  REQUIRED  BY
   52  PARAGRAPH  (A)  OF THIS SUBDIVISION SHALL BE CAUSE FOR THE SUSPENSION OR
   53  THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING PROMOTER.
   54    25. NOTICE OF CONTEST; COLLECTION OF TAX. (A) EVERY ENTITY HOLDING ANY
   55  PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION FOR WHICH AN ADMISSION
   56  FEE IS CHARGED OR RECEIVED, SHALL NOTIFY  THE  ATHLETIC  COMMISSION  TEN
       A. 6506                            13

    1  DAYS IN ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION
    2  TO  ANY  SUCH  MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY
    3  AUTHORIZED BY THE STATE ATHLETIC COMMISSION TO PRINT  SUCH  TICKETS  AND
    4  SHALL BEAR CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION
    5  OF  SAME.  AN  ENTITY FAILING TO FULLY COMPLY WITH THIS SECTION SHALL BE
    6  SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS TO BE COLLECTED BY AND PAID
    7  TO THE DEPARTMENT OF STATE. AN ENTITY IS PROHIBITED FROM  OPERATING  ANY
    8  MATCHES OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS SUBDIVI-
    9  SION  AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINETEEN
   10  OF THE TAX LAW HAVE BEEN PAID.
   11    (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
   12  EMPLOYEES OR OFFICERS OF THE ATHLETIC COMMISSION SHALL ACT AS AGENTS  OF
   13  THE  COMMISSIONER  OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY
   14  ARTICLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION  SHALL  PROVIDE
   15  THE COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECH-
   16  NICAL  ASSISTANCE  AS  MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF
   17  SUCH TAX.
   18    26. REGULATION OF JUDGES. (A) JUDGES FOR  ANY  PROFESSIONAL  COMBATIVE
   19  SPORTS  MATCH  OR  EXHIBITION  UNDER  THE JURISDICTION OF THE COMMISSION
   20  SHALL BE SELECTED BY THE COMMISSION FROM A LIST  OF  QUALIFIED  LICENSED
   21  JUDGES MAINTAINED BY THE COMMISSION.
   22    (B)  ANY  PROFESSIONAL  COMBATIVE  SPORT PARTICIPANT, MANAGER OR CHIEF
   23  SECOND MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A PROFESSIONAL COMBATIVE
   24  SPORTS MATCH OR EXHIBITION AND  THE  PROTESTING  PROFESSIONAL  COMBATIVE
   25  SPORTS  PARTICIPANT, MANAGER OR CHIEF SECOND MAY BE HEARD BY THE COMMIS-
   26  SION OR ITS DESIGNEE IF SUCH  PROTEST  IS  TIMELY.  IF  THE  PROTEST  IS
   27  UNTIMELY IT SHALL BE SUMMARILY REJECTED.
   28    (C)  EACH  PERSON  SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION
   29  SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF  AN  EYE  EXAMINATION
   30  AND  ANNUALLY  THEREAFTER  ON  THE  ANNIVERSARY  OF  THE ISSUANCE OF THE
   31  LICENSE. EACH PERSON SEEKING TO BE A PROFESSIONAL COMBATIVE SPORTS JUDGE
   32  IN THE STATE SHALL BE CERTIFIED AS HAVING COMPLETED A  TRAINING  PROGRAM
   33  AS  APPROVED  BY THE COMMISSION AND SHALL HAVE PASSED A WRITTEN EXAMINA-
   34  TION APPROVED BY THE COMMISSION COVERING ASPECTS OF PROFESSIONAL  COMBA-
   35  TIVE  SPORTS  INCLUDING, BUT NOT LIMITED TO, THE RULES OF THE SPORT, THE
   36  LAW OF THE STATE RELATING TO THE COMMISSION, AND BASIC  FIRST  AID.  THE
   37  COMMISSION  SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS TO KEEP LICEN-
   38  SEES CURRENT ON AREAS OF REQUIRED KNOWLEDGE.
   39    (D) EACH PERSON SEEKING A  LICENSE  TO  BE  A  PROFESSIONAL  COMBATIVE
   40  SPORTS  JUDGE  IN  THIS  STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL
   41  QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
   42  JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY  THE
   43  COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY
   44  THE  COMMISSION  AND  SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
   45  POTENTIAL  CONFLICTS  OF  INTEREST  AS  WELL  AS  APPEARANCES  OF   SUCH
   46  CONFLICTS,  INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS
   47  OF ANY PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION, EACH COMBATIVE
   48  SPORTS JUDGE SHALL FILE  WITH  THE  COMMISSION  A  FINANCIAL  DISCLOSURE
   49  STATEMENT  IN SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE COMMIS-
   50  SION.
   51    (E) ONLY A PERSON LICENSED BY THE COMMISSION MAY JUDGE A  PROFESSIONAL
   52  COMBATIVE SPORTS MATCH OR EXHIBITION.
   53    27. TRAINING FACILITIES. (A) THE COMMISSION MAY, IN ITS DISCRETION AND
   54  IN  ACCORDANCE WITH REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE
   55  HEALTH AND SAFETY OF PROFESSIONAL COMBATIVE SPORT PARTICIPANTS IN TRAIN-
   56  ING, ISSUE A LICENSE TO OPERATE A TRAINING  FACILITY  PROVIDING  CONTACT
       A. 6506                            14

    1  SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFES-
    2  SIONAL  COMBATIVE  SPORT PARTICIPANTS. THE REGULATIONS OF THE COMMISSION
    3  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING SUBJECTS TO  PROTECT
    4  THE HEALTH AND SAFETY OF PROFESSIONAL COMBATIVE SPORT PARTICIPANTS:
    5    (1) REQUIREMENTS FOR FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE
    6  LOCATION  ON  THE  PREMISES  AND  FOR  THE PRESENCE ON THE PREMISES OF A
    7  PERSON TRAINED AND CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES
    8  FOR CARDIO-PULMONARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILI-
    9  TY IS OPEN FOR TRAINING PURPOSES;
   10    (2) PROMINENT POSTING ADJACENT TO AN ACCESSIBLE TELEPHONE OF THE TELE-
   11  PHONE NUMBER FOR EMERGENCY MEDICAL SERVICES AT THE NEAREST HOSPITAL;
   12    (3) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, LOCKER ROOMS AND  FOOD
   13  SERVING AND STORAGE AREAS;
   14    (4)  ADEQUATE  VENTILATION  AND  LIGHTING  OF  ACCESSIBLE AREAS OF THE
   15  TRAINING FACILITY;
   16    (5) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING IN
   17  TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE FACILITY
   18  OPERATOR;
   19    (6) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
   20    (7) INSPECTION AND APPROVAL OF RINGS AS REQUIRED BY SUBDIVISION THIRTY
   21  OF THIS SECTION; AND
   22    (8) ESTABLISHMENT OF A  POLICY  FOR  POSTING  ALL  COMMISSION  LICENSE
   23  SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
   24  ING  PROVISIONS  FOR  ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY
   25  THE FACILITY OPERATOR.
   26    (B) A PROSPECTIVE LICENSEE SHALL SUBMIT TO THE COMMISSION  PROOF  THAT
   27  IT  CAN  FURNISH  SUITABLE  FACILITIES  IN  WHICH  THE TRAINING IS TO BE
   28  CONDUCTED, INCLUDING THE MAKING OF SUCH  TRAINING  FACILITIES  AVAILABLE
   29  FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
   30  PROGRESS.
   31    28.  TEMPORARY  TRAINING  FACILITIES.  ANY TRAINING FACILITY PROVIDING
   32  CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY BASIS FOR THE
   33  PURPOSE OF PREPARING A PROFESSIONAL COMBATIVE SPORT  PARTICIPANT  FOR  A
   34  SPECIFIC  PROFESSIONAL  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION  TO  BE
   35  CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF NEW YORK  SHALL  BE  EXEMPT
   36  FROM  THIS  ACT  INSOFAR AS IT CONCERNS THE LICENSING OF SUCH FACILITIES
   37  IF, IN THE JUDGMENT OF THE COMMISSION, ESTABLISHMENT AND MAINTENANCE  OF
   38  SUCH  FACILITY  WILL  BE  CONSISTENT WITH THE PURPOSES AND PROVISIONS OF
   39  THIS CHAPTER, THE BEST INTERESTS OF PROFESSIONAL COMBATIVE SPORTS GENER-
   40  ALLY, AND THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY.
   41    29. WEIGHTS; CLASSES AND RULES. THE WEIGHTS AND CLASSES  OF  COMBATIVE
   42  SPORT  PARTICIPANTS AND THE RULES AND REGULATIONS OF PROFESSIONAL COMBA-
   43  TIVE SPORTS SHALL BE PRESCRIBED BY THE COMMISSION.
   44    30. RINGS OR FIGHTING AREAS.  NO PROFESSIONAL COMBATIVE  SPORTS  MATCH
   45  OR  EXHIBITION  OR  TRAINING  ACTIVITY SHALL BE PERMITTED IN ANY RING OR
   46  FIGHTING AREA UNLESS SUCH RING OR FIGHTING AREA HAS BEEN  INSPECTED  AND
   47  APPROVED  BY  THE  COMMISSION.  THE  COMMISSION SHALL PRESCRIBE STANDARD
   48  ACCEPTABLE SIZE AND QUALITY REQUIREMENTS FOR RINGS OR FIGHTING AREAS AND
   49  APPURTENANCES THERETO.
   50    31. MISDEMEANOR. ANY ENTITY WHO INTENTIONALLY, DIRECTLY OR  INDIRECTLY
   51  CONDUCTS,  HOLDS OR GIVES A PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHI-
   52  BITION OR PARTICIPATES EITHER DIRECTLY OR INDIRECTLY IN ANY  SUCH  MATCH
   53  OR  EXHIBITION  AS A REFEREE, JUDGE, CORPORATION TREASURER, PROFESSIONAL
   54  COMBATIVE  SPORTS  PARTICIPANT,  MANAGER,  PROMOTER,  TRAINER  OR  CHIEF
   55  SECOND,  WITHOUT  FIRST HAVING PROCURED AN APPROPRIATE LICENSE OR PERMIT
   56  AS PRESCRIBED IN THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.
       A. 6506                            15

    1    S 3. Section 6 of chapter 912 of the laws  of  1920  relating  to  the
    2  regulation  of boxing, sparring and wrestling, as amended by chapter 437
    3  of the laws of 2002 and subdivision 1 as designated and subdivision 2 as
    4  added by chapter 673 of the laws of 2003, is amended to read as follows:
    5    S  6.  Jurisdiction  of  commission.  1. The commission shall have and
    6  hereby is vested with the sole direction, management, control and juris-
    7  diction over all such boxing and  sparring  matches  or  exhibitions  OR
    8  PROFESSIONAL  COMBATIVE  SPORTS  MATCHES OR EXHIBITIONS to be conducted,
    9  held or given within the state of New York and over all licenses to  any
   10  and  all  persons  who participate in such boxing or sparring matches or
   11  exhibitions OR PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS  and
   12  over  any  and  all  gyms, clubs, training camps and other organizations
   13  that maintain training facilities providing contact sparring for persons
   14  who prepare for participation in such  boxing  or  sparring  matches  or
   15  exhibitions OR PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS, and
   16  over the promotion of professional wrestling exhibitions OR PROFESSIONAL
   17  COMBATIVE  SPORTS  MATCHES  OR EXHIBITIONS to the extent provided for in
   18  sections 5, 9, 19, 20, 28-a, 28-b and 33 of this act, except  as  other-
   19  wise provided in this act.
   20    2. The commission is authorized and directed to require that all sites
   21  wherein  boxing,  sparring  and  wrestling  matches  and  exhibitions OR
   22  PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS are conducted shall
   23  comply with state and applicable local  sanitary  codes  appropriate  to
   24  school athletic facilities.
   25    S  4.  Subdivision  1  of  section  451  of the tax law, as amended by
   26  section 1 of part F of chapter 407 of the laws of 1999,  is  amended  to
   27  read as follows:
   28    1.  "Gross  receipts  from  ticket  sales"  shall mean the total gross
   29  receipts of every person from the sale of tickets to any professional or
   30  amateur boxing, sparring or wrestling match or exhibition OR ANY PROFES-
   31  SIONAL COMBATIVE SPORTS MATCH OR EXHIBITION  held  in  this  state,  and
   32  without  any  deduction  whatsoever for commissions, brokerage, distrib-
   33  ution fees, advertising or any other expenses, charges  and  recoupments
   34  in respect thereto.
   35    S  5. Section 452 of the tax law, as amended by section 2 of part F of
   36  chapter 407 of the laws of 1999, is amended to read as follows:
   37    S 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
   38  hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
   39  gross receipts of every  person  holding  any  professional  or  amateur
   40  boxing,  sparring  or  wrestling match or exhibition in this state. Such
   41  tax shall be imposed on such gross receipts, exclusive  of  any  federal
   42  taxes, as follows:
   43    (a)  three percent of gross receipts from ticket sales, except that in
   44  no event shall the tax imposed by this  [subdivision]  PARAGRAPH  exceed
   45  fifty thousand dollars for any match or exhibition;
   46    (b)  three  percent of gross receipts from broadcasting rights, except
   47  that in no event shall the tax imposed by this  [subdivision]  PARAGRAPH
   48  exceed fifty thousand dollars for any match or exhibition.
   49    2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
   50  BY  IMPOSED  AND  SHALL  BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
   51  HOLDING ANY PROFESSIONAL COMBATIVE SPORTS MATCH OR  EXHIBITION  IN  THIS
   52  STATE.  SUCH  TAX  SHALL BE IMPOSED ON SUCH GROSS RECEIPTS, EXCLUSIVE OF
   53  ANY FEDERAL TAXES, AS FOLLOWS:
   54    (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS  FROM  TICKET  SALES;
   55  AND
       A. 6506                            16

    1    (B)  THREE  PERCENT OF GROSS RECEIPTS FROM BROADCASTING RIGHTS, EXCEPT
    2  THAT IN NO EVENT SHALL THE TAX IMPOSED BY THIS  PARAGRAPH  EXCEED  FIFTY
    3  THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
    4    S  6.  This  act shall take effect on the ninetieth day after it shall
    5  have become a law, and shall expire and be deemed repealed 3 years after
    6  it shall take effect; provided, however, that effective immediately, the
    7  addition, amendment and/or repeal of any rule  or  regulation  necessary
    8  for  the  implementation of this act on its effective date is authorized
    9  and directed to be made and completed on or before such effective date.
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