AN ACT Relating to professional wrestling; amending RCW 67.08.001, 67.08.010, 67.08.015, 67.08.050, 67.08.055, 67.08.060, 67.08.080, 67.08.090, 67.08.100, 67.08.110, 67.08.120, 67.08.140, and 82.04.340; adding a new chapter to Title 67 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. SHORT TITLE. This act shall be known and may be cited as the professional wrestling act.

NEW SECTION. Sec. 2. DEFINITIONS. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Commission" means the boxing commission.

(2) "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.

(3) "Wrestling exhibition" or "wrestling match" means a form of sports entertainment in which the participants display their skills in a struggle against each other in the ring without necessarily striving to win.

NEW SECTION. Sec. 3. PROMOTER'S BONDING REQUIREMENTS. Before the scheduled date of a wrestling match the promoter shall execute a surety bond with the person in charge of operating the arena or other facility in such reasonable amount, but not less than ten thousand dollars, as the parties shall agree. The surety bond shall be conditioned upon the faithful performance by the promoter of the promoter's obligations under this chapter and under the contract with the entity in charge of the arena or other facility.

NEW SECTION. Sec. 4. ADMISSIONS GROSS RECEIPTS TAX. (1) Every promoter shall pay a tax of two percent of the total gross receipts of any wrestling match, exclusive of any federal tax or tax imposed by any political subdivision of the state. For the purpose of this subsection, total gross receipts of every promoter upon which the tax is to be imposed or computed shall include only the face value of all the tickets sold.

(2) The tax provided in this section shall be paid by the promoter to the commission within seventy-two hours after the match and shall be accompanied by a form prescribed by the commission setting forth the gross receipts received from the match, together with such other information the commission may require. The form shall be signed by the promoter or the promoter's agent, under the penalties of perjury, attesting to the accuracy and veracity of the information contained therein.

(3) Taxes collected under this section shall be deposited in the state athletic fund.

NEW SECTION. Sec. 5. PHYSICIAN TO BE IN ATTENDANCE. The promoter shall employ a physician to be present at every wrestling exhibition. The physician shall observe the physical condition of the participants throughout the match and is authorized to terminate a match when in the physician's judgment severe injury would result if the match were to continue. The physician's fee shall be paid by the promoter of the exhibition.

NEW SECTION. Sec. 6. AMBULANCE AVAILABLE. The promoter shall have an ambulance or paramedical unit present at the arena in case a serious injury were to occur, unless an ambulance or paramedical unit is located within five miles of the arena and that unit is on call for such an occurrence.

NEW SECTION. Sec. 7. CROWD CONTROL. The promoter shall ensure that adequate security personnel are in attendance at the wrestling exhibition to control fans in attendance. The size of the security force shall be determined by mutual agreement of the promoter and the person in charge of operating the arena or other facility.

NEW SECTION. Sec. 8. OFFENSES. (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.

(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.

NEW SECTION. Sec. 9. ENFORCEMENT. The chief of police of any police department, the sheriff or chief law enforcement officer of any county, the detachment commander of any state patrol detachment, or the attorney general, or their designees, may assign a police officer, detective, or investigator under their jurisdiction to be present at any professional wrestling exhibition within their respective jurisdiction. Such police officer, detective, or investigator shall be admitted by the promoter without fee or hindrance and shall monitor compliance with this chapter.

Sec. 10. Section 1, chapter 184, Laws of 1933 as amended by section 1, chapter 337, Laws of 1981 and RCW 67.08.001 are each amended to read as follows:

(1) For the purposes of this chapter((:

~~(a)~~)), "boxing" includes, but is not limited to, ((~~wrestling,~~)) sumo, judo, and karate in addition to fisticuffs((~~; and~~)), but does not include professional wrestling.

(2) There is hereby created and established a state commission to be known and designated as the "state boxing commission" and in this chapter referred to as the commission. The commission shall be composed of three members who shall be appointed by the governor and shall be subject to removal at the pleasure of the governor. The members of the first commission to be appointed after June 7, 1933, shall be appointed for the terms beginning July 1, 1933, and expiring as follows: One commissioner for the term expiring January 31, 1934, one commissioner for the term expiring January 31, 1935, and one commissioner for the term expiring January 31, 1936. Each of the first commissioners appointed shall hold office until his successor is appointed and qualified. Upon the expiration of the terms of the three commissioners first appointed, each succeeding commissioner shall be appointed to hold office for a term of four years and until his successor shall have been appointed and qualified. In case of a vacancy, it shall be filled by the appointment by the governor for the unexpired portion of the term in which such vacancy occurs.

Sec. 11. Section 7, chapter 184, Laws of 1933 as amended by section 2, chapter 48, Laws of 1975-'76 2nd ex. sess. and RCW 67.08.010 are each amended to read as follows:

The commission shall have power to issue and for cause to revoke a license to conduct boxing contests or sparring ((~~or wrestling~~)) matches or exhibitions including a simultaneous telecast of any live, current or spontaneous boxing((,)) or sparring ((~~or wrestling~~)) match or performance on a closed circuit telecast within this state, whether originating in this state or elsewhere, and for which a charge is made, as herein provided under such terms and conditions and at such times and places as the commission may determine. Such licenses shall entitle the holder thereof to conduct boxing contests and sparring ((~~and/or wrestling~~)) matches and exhibitions under such terms and conditions and at such times and places as the commission may determine. In case the commission shall refuse to grant a license to any applicant, or shall cancel any license, such applicant, or the holder of such canceled license shall be entitled, upon application, to a hearing to be held not less than sixty days after the filing of such order at such place as the commission may designate: PROVIDED, HOWEVER, That if it has been found by a valid finding and such finding is fully set forth in such order, that the applicant or licensee has been guilty of disobeying any provision of this chapter, such hearing shall be denied.

Sec. 12. Section 2, chapter 9, Laws of 1977 and RCW 67.08.015 are each amended to read as follows:

The commission shall have power and it shall be its duty to direct, supervise, and control all boxing contests or sparring ((~~and wrestling~~)) matches or exhibitions conducted within the state and no such boxing contest((,)) or sparring ((~~or wrestling~~)) match or exhibition shall be held or given within this state except in accordance with the provisions of this chapter. The commission may, in its discretion, issue and for cause revoke a license to conduct, hold or give boxing((,)) and/or sparring ((~~and/or wrestling~~)) contests, matches, and exhibitions where an admission fee is charged by any club, corporation, organization, association, or fraternal society: PROVIDED, HOWEVER, That all boxing contests((,)) or sparring ((~~or wrestling~~)) matches or exhibitions which:

(1) Are conducted by any common school, college, or university, whether public or private, or by the official student association thereof, whether on or off the school, college, or university grounds, where all the participating contestants are bona fide students enrolled in any common school, college, or university, within or without this state; or

(2) Are entirely amateur events promoted on a nonprofit basis or for charitable purposes;

shall not be subject to the provisions of this chapter: PROVIDED, FURTHER, That every contestant in any boxing contest((,)) or sparring ((~~or wrestling~~)) match not conducted under the provisions of this chapter, prior to engaging in any such contest or match, shall be examined by a practicing physician at least once in each calendar year or, where such contest is conducted by a common school, college or university as further described in this section, once in each academic year in which instance such physician shall also designate the maximum and minimum weights at which such contestant shall be medically certified to participate: PROVIDED FURTHER, That no contestant shall be permitted to participate in any such boxing contest((,)) or sparring ((~~or wrestling~~)) match or exhibition in any weight classification other than that or those for which he is certificated: PROVIDED FURTHER, That the organizations exempted by this section from the provisions of this chapter shall be governed by RCW 67.08.080 as said section applies to boxing contests((,)) or sparring ((~~or wrestling~~)) matches or exhibitions conducted by organizations exempted by this section from the general provisions of this chapter. No boxing contest or sparring ((~~or wrestling~~)) match or exhibition shall be conducted within the state except pursuant to a license issued in accordance with the provisions of this chapter and the rules and regulations of the commission except as hereinabove provided.

Sec. 13. Section 11, chapter 184, Laws of 1933 and RCW 67.08.050 are each amended to read as follows:

Any licensee as herein provided shall within three days prior to the holding of any boxing contest or sparring ((~~and/or wrestling~~)) match or exhibition file with the commission a statement setting forth the name of each contestant, his manager or managers and such other information as the commission may require, and shall, within seventy-two hours after the termination of any contest file with the commission a written report, duly verified as the commission may require showing the number of tickets sold for such contest, the price charged for such tickets and the gross proceeds thereof, and such other and further information as the commission may require. Such licensee shall pay to the commission at the time of filing the above report a tax equal to five percent of such gross receipts and said five percent of such gross receipts shall be immediately paid by the commission into the state athletic fund of the state of Washington which is hereby created.

Sec. 14. Section 5, chapter 48, Laws of 1975-'76 2nd ex. sess. and RCW 67.08.055 are each amended to read as follows:

Every licensee who charges and receives an admission fee for exhibiting a simultaneous telecast of any live, current, or spontaneous boxing or sparring match((~~, or wrestling exhibition or performance~~)) on a closed circuit telecast viewed within this state shall, within seventy-two hours after such event, furnish to the commission a verified written report on a form which is supplied by the commission showing the number of tickets issued or sold, and the gross receipts therefor without any deductions whatsoever. Such licensee shall also, at the same time, pay to the commission a tax equal to five percent of such gross receipts paid for admission to the showing of the contest, match or exhibition. In no event, however, shall the tax be less than twenty-five dollars. The tax shall apply uniformly at the same rate to all persons subject to the tax. Such receipts shall be immediately paid by the commission into the general fund of the state.

Sec. 15. Section 12, chapter 184, Laws of 1933 as last amended by section 154, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 67.08.060 are each amended to read as follows:

The commission may appoint official inspectors at least one of which, in the absence of a member of the commission, shall be present at any boxing contest or sparring ((~~and/or wrestling~~)) match or exhibition held under the provisions of this chapter. Such inspectors shall carry a card signed by the chairman of the commission evidencing their authority. It shall be their duty to see that all rules and regulations of the commission and the provisions of this chapter are strictly complied with and to be present at the accounting of the gross receipts of any contest, and such inspector is authorized to receive from the licensee conducting the contest the statement of receipts herein provided for and to immediately transmit such reports to the commission. Each inspector shall receive a fee from the licensee to be set by the ((~~athletic~~)) commission for each contest officially attended. Each inspector shall also receive from the state travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

Sec. 16. Section 14, chapter 184, Laws of 1933 as last amended by section 1, chapter 45, Laws of 1974 ex. sess. and RCW 67.08.080 are each amended to read as follows:

No boxing contest or sparring exhibition held in this state whether under the provisions of this chapter or otherwise shall be for more than ten rounds and no one round of any such contest or exhibition shall be for a longer period than three minutes and there shall be not less than one minute intermission between each round. In the event of bouts involving state or regional championships the commission may grant an extension of no more than two additional rounds to allow total bouts of twelve rounds, and in bouts involving national championships the commission may grant an extension of no more than five additional rounds to allow total bouts of fifteen rounds. No contestant in any boxing contest or sparring match or exhibition whether under this chapter or otherwise shall be permitted to wear gloves weighing less than six ounces. ((~~The length and duration for wrestling matches whether held under the provisions of this chapter or otherwise shall be regulated by order of the commission.~~)) The commission shall promulgate rules and regulations to assure clean and sportsmanlike conduct on the part of all contestants and officials, and the orderly and proper conduct of the contest in all respects, and to otherwise make rules and regulations consistent with this chapter, but such rules and regulations shall apply only to contests held under the provisions of this chapter.

Sec. 17. Section 15, chapter 184, Laws of 1933 and RCW 67.08.090 are each amended to read as follows:

Each contestant for boxing((,)) or sparring ((~~or wrestling~~)) shall be examined within eight hours prior to the contest by a competent physician appointed by the commission. The physician shall forthwith and before such contest report in writing and over his signature the physical condition of each and every contestant to the commissioner or inspector present at such contest. No contestant whose physical condition is not approved by the examining physician shall be permitted to participate in any contest. Blank forms of physicians' report shall be provided by the commission and all questions upon such blanks shall be answered in full. The examining physician shall be paid a fee designated by the commission by the licensee conducting such match or exhibition. No boxing contest or sparring ((~~or wrestling~~)) match or exhibition shall be held unless a licensed physician of the commission or his duly appointed representative, shall be present throughout the contest.

Any practicing physician and surgeon may be selected by the board as the examining physician. Such physician present at such contest shall have authority to stop any contest when in his opinion it would be dangerous to a contestant to continue, and in such event it shall be his duty to stop such contest. If he has acted as examining physician he shall receive no fee for being present at such contest.

Sec. 18. Section 16, chapter 184, Laws of 1933 as amended by section 6, chapter 305, Laws of 1959 and RCW 67.08.100 are each amended to read as follows:

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 managers, referees, boxers, ((~~wrestlers,~~)) seconds and trainers: 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 war 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 or smokers and where all funds are used primarily for the benefit of their members. Any such license may be revoked by the commission for any cause which it shall deem sufficient. No person shall participate or serve in any of the above capacities unless licensed as herein provided. The referee for any contest shall be designated by the commission from among such licensed referees.

Sec. 19. Section 17, chapter 184, Laws of 1933 and RCW 67.08.110 are each amended to read as follows:

Any person or any member of any group of persons or corporation promoting ((~~wrestling or~~)) boxing exhibitions or contests who shall participate directly or indirectly in the purse or fee of any manager of any boxers ((~~or wrestlers~~)) or any boxer ((~~or any wrestler~~)) and any licensee who shall conduct or participate in any sham or fake boxing contest or sparring ((~~or wrestling~~)) match or exhibition shall thereby forfeit its license and the commission shall declare such ((~~licensee [license]~~)) license canceled and void and such licensee shall not thereafter be entitled to receive another such, or any license issued pursuant to the provisions of this chapter.

Sec. 20. Section 18, chapter 184, Laws of 1933 and RCW 67.08.120 are each amended to read as follows:

Any contestant who shall participate in any sham or fake boxing contest or sparring ((~~or wrestling~~)) match or exhibition or violate any rule or regulation of the commission shall be penalized in the following manner: For the first offense he shall be restrained by order of the commission for a period of not less than three months from participating in any contest held under the provisions of this chapter, such suspension 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. 21. Section 22, chapter 184, Laws of 1933 as last amended by section 7, chapter 305, Laws of 1959 and RCW 67.08.140 are each amended to read as follows:

Any person, club, corporation, organization, association, or fraternal society conducting within this state boxing((,)) or sparring((~~, or wrestling~~)) contests or exhibitions without having first obtained a license therefor in the manner provided by this chapter shall be guilty of a misdemeanor excepting such contests excluded from the operation of this chapter by RCW 67.08.015. The attorney general, each prosecuting attorney, the ((~~athletic~~)) commission, or any citizen of any county where any person, club, corporation, organization, association, or fraternal society shall threaten to hold, or appears likely to hold athletic contests or exhibitions in violation of this chapter, may in accordance with the laws of this state governing injunctions, enjoin such person, club, corporation, organization, association, or fraternal society from holding such contest or exhibition.

Sec. 22. Section 82.04.340, chapter 15, Laws of 1961 and RCW 82.04.340 are each amended to read as follows:

This chapter shall not apply to any person in respect to the business of conducting boxing contests and sparring ((~~or wrestling~~)) matches and exhibitions for the conduct of which a license must be secured from the state ((~~athletic~~)) boxing commission or in respect to the business of conducting wrestling matches or exhibitions regulated under chapter 67.-- RCW (sections 1 through 9 of this 1988 act).

NEW SECTION. Sec. 23. As used in this act, captions constitute no part of the law.

NEW SECTION. Sec. 24. Sections 1 through 9 of this act shall constitute a new chapter in Title 67 RCW.

NEW SECTION. Sec. 25. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.