Z-1069.3                   _______________________________________________

 

                                                     SENATE BILL 6186

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1994 Regular Session

 

By Senators Prentice and Prince; by request of Department of Licensing

 

Read first time 01/17/94.  Referred to Committee on Labor & Commerce.

 

Revising provisions relating to the regulation of professional athletics.



          AN ACT Relating to professional athletics; amending RCW 67.08.002, 67.08.030, 67.08.100, 67.08.120, and 67.08.180; prescribing penalties; and providing an effective date.

 

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

 

        Sec. 1.  RCW 67.08.002 and 1993 c 278 s 8 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)) kick boxing 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) "Department" means the department of licensing.

          (3) "Director" means the director of the department of licensing.

          (4) "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.

          (5) "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.

          (6) "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.

          (7) "Tough man/rough man contest or competition" means any event that utilizes primarily unlicensed or untrained participants who engage in unsanctioned activities that do not comply with this chapter.

 

        Sec. 2.  RCW 67.08.030 and 1993 c 278 s 13 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 department, 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 department, 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 department 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 department, which bond shall be subject to the approval of the attorney general.

          (3) In lieu of the bonding requirement of subsection (2) of this section, a promoter of a wrestling exhibition who so chooses 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 of the department, 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 1993 c 278 s 20 are each amended to read as follows:

          (1) The department may grant annual licenses upon application in compliance with the rules ((and regulations)) prescribed by the director, and the payment of the fees, the amount of which is to be set by the director in accordance with RCW 43.24.086, prescribed to promoters, managers, referees, boxers, ((wrestlers, and)) seconds, wrestling participants, matchmakers, physicians, inspectors, judges, timekeepers, and announcers:  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 or any recognized amateur sanctioning body, holding and promoting athletic contests and where all funds are used primarily for the benefit of their members.  Also, upon request of the department, a promoter, contestant, or participant shall provide sufficient information to reasonably determine whether the provisions of this chapter apply.

          (2) The department may grant licenses to promoters upon application in compliance with the rules adopted by the department, and the payment of a license fee.

          (3) The department may grant licenses to closed circuit telecast promoters upon application in compliance with the rules adopted by the department, and the payment of a license fee for each closed circuit telecast license location.

          (4) Any such license may be revoked by the department for any ((cause which it shall deem sufficient)) violations of this chapter.

          (((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 department from among such licensed referees.

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

 

        Sec. 4.  RCW 67.08.120 and 1993 c 278 s 22 are each amended to read as follows:

          Any contestant or licensee who shall participate in any sham or fake boxing contest, match, event, or exhibition and any licensee or participant who violates any rule ((or regulation)) of the department shall be penalized in the following manner:  For the first offense he or she shall be ((restrained)) fined and/or suspended by order of the department for a period of not less than three months from participating in any contest held under the provisions of this chapter((,)).  Such fine and/or suspension ((to)) shall take effect immediately after the occurrence of the offense((;)).  Assessed fines shall not exceed five hundred dollars for each violation of any of the provisions of this chapter or any rule of the department.  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, or event.

          (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 or event.

          (3) The department shall revoke the license of any licensee convicted under chapter 69.50 RCW ((shall have his or her license revoked)).

          (4) The department shall suspend or revoke the license of any licensee testing positive for illegal use of a controlled substance as defined in RCW 69.50.101, and shall deny the application of any applicant testing positive for a controlled substance as defined in RCW 69.50.101.

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

          (6) Tough man/rough man contests or competitions as defined in RCW 67.08.002 are prohibited.

          (a) Any licensee participating in a tough man/rough man contest or competition shall be penalized in the manner stated in RCW 67.08.120.

          (b) Any person promoting a tough man/rough man contest or competition in this state is guilty of a misdemeanor.

 

          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 shall take effect July 1, 1994.

 


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