Z-0190.4                   _______________________________________________

 

                                                     SENATE BILL 5787

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senators Gaspard, von Reichbauer and Franklin; by request of Professional Athletic Commission

 

Read first time 02/15/93.  Referred to Committee on Labor & Commerce.

 

Regulating professional athletics.


          AN ACT Relating to the state professional athletic commission; amending RCW 67.08.002, 67.08.030, 67.08.100, 67.08.120, and 67.08.180; prescribing penalties; providing an effective date; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  RCW 67.08.002 and 1989 c 127 s 1 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Boxing" includes, but is not limited to, ((sumo, judo, and karate)) kickboxing and martial arts in addition to fisticuffs, but does not include professional wrestling.  "Martial arts" include, but are not limited to, sumo, judo, and karate.

          (2) "Commission" means the professional athletic commission.

          (3) "Promoter" means any person and, in the case of a corporation, an officer, director, employee, or shareholder thereof, who produces, arranges, or stages any professional wrestling exhibition or boxing contest.

          (4) "Wrestling exhibition" or "wrestling show" means a form of sports entertainment in which the participants display their skills in a struggle against each other in the ring and either the outcome may be predetermined or the participants do not necessarily strive to win, or both.

          (5) "Closed circuit telecast promoter" means a person or, in the case of a corporation, an officer, director, employee, or shareholder thereof, who exhibits a simultaneous telecast of a live, current, or spontaneous boxing or sparring match, or wrestling exhibition or show on a closed circuit telecast viewed within this state.

 

        Sec. 2.  RCW 67.08.030 and 1989 c 127 s 6 are each amended to read as follows:

          (1) Every boxing promoter, as a condition for receiving a license, shall file a good and sufficient bond in the sum of ten thousand dollars with the commission, conditioned upon the faithful performance by such licensee of the provisions of this chapter, the payment of the taxes, officials, and contracts as provided for herein and the observance of all rules and regulations of the commission, which bond shall be subject to the approval of the attorney general.

          (2) Every promoter of a wrestling exhibition ((or closed circuit telecast)) as a condition of receiving a license as provided for under this chapter shall file a good and sufficient bond in the sum of one thousand dollars with the commission in cities of less than one hundred fifty thousand inhabitants and of two thousand five hundred dollars in cities of more than one hundred fifty thousand inhabitants conditioned upon the faithful performance by such licensee of the provisions of this chapter, the payment of the taxes and officials provided for herein and the observance of all rules and regulations of the commission, which bond shall be subject to the approval of the attorney general.

          (3) A promoter of a wrestling exhibition who so chooses in lieu of the bonding requirement of subsection (2) of this section, may, as a condition of receiving a license as provided for under this chapter, file a single good and sufficient bond in the sum of ten thousand dollars conditioned upon the faithful performance by the licensee of the provisions of this chapter, the payment of the taxes and officials provided for under this chapter, and the observance of all rules and regulations of the commission, as to all wrestling exhibitions of the promoter wherever located within the state during the license period.  This bond is subject to the approval of the attorney general.

          (4) Boxing promoters must obtain medical insurance to cover any injuries incurred by participants at the time of the event.

 

        Sec. 3.  RCW 67.08.100 and 1989 c 127 s 10 are each amended to read as follows:

          (1) The commission may grant annual licenses upon application in compliance with the rules and regulations prescribed by the commission, and the payment of the fees, the amount of which is to be determined by the commission, prescribed to promoters, managers, referees, boxers, ((wrestlers)) wrestling participants, matchmakers, and seconds:  PROVIDED, That the provisions of this section shall not apply to contestants or participants in strictly amateur contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department or any bona fide athletic club which is a member of the Pacific northwest association of the amateur athletic union of the United States, holding and promoting athletic contests and where all funds are used primarily for the benefit of their members.  Also, upon request of the commission, a promoter, contestant, or participant shall provide sufficient information to reasonably determine whether the provisions of this chapter apply.

          (2) The commission may grant licenses to promoters upon application in compliance with the rules and regulations adopted by the commission, and the payment of a fee in the amount of:

          (a) For a boxing promoter, one hundred dollars for each city or five hundred dollars state-wide; or

          (b) For a wrestling promoter, fifty dollars for each city or five hundred dollars state-wide.

          (3) The commission may grant licenses to closed circuit telecast promoters upon application in compliance with the rules and regulations adopted by the commission, and the payment of a license fee in the amount of one hundred dollars for each closed circuit telecast.

          (4) Any such license may be revoked by the commission for any cause which it shall deem sufficient.

          (((3))) (5) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.

          (((4))) (6) The referee for any boxing contest shall be designated by the commission from among such licensed referees.

          (((5))) (7) The referee for any wrestling exhibition or show shall be provided by the promoter and licensed by the commission.

 

        Sec. 4.  RCW 67.08.120 and 1989 c 127 s 12 are each amended to read as follows:

          Any contestant or licensee who shall participate in any sham or fake boxing contest, match, or exhibition and any licensee or participant who violates any rule or regulation of the commission shall be penalized in the following manner:  For the first offense he or she shall be fined or restrained by order of the commission, or both, for a period of not less than three months from participating in any contest held under the provisions of this chapter, such fine or suspension, or both, to take effect immediately after the occurrence of the offense; for any second offense such contestant shall be forever suspended from participation in any contest held under the provisions of this chapter.

 

        Sec. 5.  RCW 67.08.180 and 1989 c 127 s 4 are each amended to read as follows:

          (1) It is unlawful for any promoter or person associated with or employed by any promoter to destroy any ticket or ticket stub, whether sold or unsold, within three months after the date of any exhibition or show.

          (2) It is unlawful for any wrestler to deliberately cut himself or herself or otherwise mutilate himself or herself while participating in a wrestling exhibition.

          (3) Any licensee convicted under chapter 69.50 RCW shall have his or her license revoked.  Positive test results for a controlled substance shall result in license revocation for a licensee or license denial for an applicant.

          (4) The striking of any person that is not a licensed participant at a wrestling exhibition or show shall constitute grounds for suspension, revocation, or both.

 

          NEW SECTION.  Sec. 6.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

          NEW SECTION.  Sec. 7.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.

 


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