S-239 _______________________________________________
SENATE BILL NO. 5464
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Senators von Reichbauer, Moore, Johnson, Gaspard and McCaslin
Read first time 1/25/89 and referred to Committee on Governmental Operations.
AN ACT Relating to professional wrestling and boxing; amending RCW 67.08.001, 67.08.003, 67.08.030, 67.08.050, 67.08.080, 67.08.090, 67.08.100, 67.08.110, 67.08.120, 67.08.010, 67.08.015, 67.08.055, 67.08.060, and 67.08.140; adding new sections to chapter 67.08 RCW; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. 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 in addition to fisticuffs, but does not include professional wrestling.
(2) "Commission" means the 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 don't necessarily strive to win, or both.
NEW SECTION. Sec. 2. A promoter shall have an ambulance or paramedical unit present at the arena in case a serious injury occurs 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. 3. A promoter shall ensure that adequate security personnel are in attendance at a wrestling exhibition or boxing contest to control fans in attendance. The size of the security force shall be determined by mutual agreement of the promoter, the person in charge of operating the arena or other facility, and the commission.
NEW SECTION. Sec. 4. (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.
(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.
Sec. 5. Section 1, chapter 184, Laws of 1933 as last amended by section 1, chapter 19, Laws of 1988 and RCW 67.08.001 are each amended to read as follows:
(((1)
For the purposes of this chapter, "boxing" includes, but is not
limited to, wrestling, sumo, judo, and karate in addition to fisticuffs.
(2))) There is hereby created and established a state
commission to be known and designated as the "state ((boxing)) athletic
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. 6. Section 1, chapter 9, Laws of 1977 as amended by section 99, chapter 287, Laws of 1984 and RCW 67.08.003 are each amended to read as follows:
Before
entering upon the duties of his office, each commissioner shall enter into a
surety bond, executed by a surety company authorized to do business in this
state, payable to the state, and approved by the attorney general, in the penal
sum of two thousand dollars conditioned upon the faithful performance of his
duties, which bond shall be filed with the secretary of state. Each member of
the commission shall be reimbursed for the cost of his bond, be compensated in
accordance with RCW ((43.03.240)) 43.03.250, and be reimbursed
for travel expenses in accordance with RCW 43.03.050 and 43.03.060 while in the
performance of his duties.
Sec. 7. Section 9, chapter 184, Laws of 1933 and RCW 67.08.030 are each amended to read as follows:
(1)
Every ((licensee)) boxing promoter, as a condition for receiving
a license ((as herein provided for)), shall file a good and
sufficient bond in the sum of ((one)) ten 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 condition [conditioned] for)),
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 ((obeyance [observance])) 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) Boxing promoters must obtain medical insurance to cover any injuries incurred by participants at the time of the event.
Sec. 8. Section 11, chapter 184, Laws of 1933 and RCW 67.08.050 are each amended to read as follows:
(1) Any
((licensee)) promoter as herein provided shall within ((three))
seven 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)) licensee, his or
her manager or managers and such other information as the commission may
require((, and shall, within seventy-two hours after)). Any promoter
shall, within seven days before holding any wrestling exhibition or show, file
with the commission a statement setting forth the name of each contestant, his
or her manager or managers, and such other information as the commission may
require. Participant changes within a twenty-four hour period regarding a
wrestling exhibition or show may be allowed after notice to the commission, if
the new participant holds a valid license under this chapter. The commission
may stop any event that is a part of a wrestling exhibition wherein any
participant is not licensed under this chapter. Upon the termination of
any contest or exhibition the promoter shall file with the designated
commission representative 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))
The promoter 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)) general fund ((of the state of Washington
which is hereby created)).
(2) The number of complimentary tickets shall be limited to two percent of the total tickets sold per event location. All complimentary tickets exceeding this set amount shall be subject to taxation.
Sec. 9. 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 scheduled for ((a longer
period)) less than or longer 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)) eight 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. 10. 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 or her 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))
promoter conducting such match or exhibition. The commission may
have a participant in a wrestling exhibition or show examined by a physician
appointed by the commission prior to the exhibition or show. A participant in
a wrestling exhibition or show whose condition is not approved by the examining
physician shall not be permitted to participate in the exhibition or show. No
boxing contest ((or)), sparring ((or wrestling)) match,
or exhibition shall be held unless a licensed physician of the commission or
his or her duly appointed representative((, shall be)) is
present throughout the contest. The commission may require that a physician
be present at a wrestling exhibition or show. Any physician present at a
wrestling show or exhibition shall be paid for by the promoter.
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)) the physician's opinion it would be
dangerous to a contestant to continue, and in such event it shall be ((his))
the physician's duty to stop such contest. ((If he has acted as
examining physician he shall receive no fee for being present at such contest.))
Sec. 11. 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:
(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, and 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)) 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 ((or smokers)) and where all
funds are used primarily for the benefit of their members.
(2) Any such license may be revoked by the commission for any cause which it shall deem sufficient.
(3) No
person shall participate or serve in any of the above capacities unless
licensed as ((herein)) provided in this chapter.
(4) The referee for any boxing contest shall be designated by the commission from among such licensed referees.
(5) The referee for any wrestling exhibition or show shall be provided by the promoter and licensed by the commission.
Sec. 12. 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. 13. Section 18, chapter 184, Laws of 1933 and RCW 67.08.120 are each amended to read as follows:
Any
contestant or licensee who shall participate in any sham or fake boxing
contest ((or sparring or wrestling)), match, or exhibition
((or)) 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 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. 14. 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 matches, or
wrestling ((matches)) shows or exhibitions including a
simultaneous telecast of any live, current or spontaneous boxing, 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. 15. 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 matches, and
wrestling ((matches)) shows or exhibitions conducted within the
state and no such boxing contest, sparring match, or wrestling ((match))
show 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 sparring ((and/or wrestling)) contests, ((matches,))
and wrestling shows and exhibitions where an admission fee is charged by
any club, corporation, organization, association, or fraternal society:
PROVIDED, HOWEVER, That all boxing contests, 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, 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 match, or
wrestling ((match)) show 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. 16. 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)) show 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. 17. Section 12, chapter 184, Laws of 1933 as last amended by section 2, chapter 19, Laws of 1988 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 and may be present at any wrestling exhibition or
show. 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 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. 18. Section 22, chapter 184, Laws of 1933 as last amended by section 3, chapter 19, Laws of 1988 and RCW 67.08.140 are each amended to read as follows:
Any person,
club, corporation, organization, association, ((or)) fraternal society,
participant, or promoter conducting ((within this state)) or
participating in boxing contests, sparring matches, or
wrestling ((contests)) shows or exhibitions within this state without
having first obtained a license therefor in the manner provided by this chapter
is in violation of this chapter and 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 commission, or
any citizen of any county where any person, club, corporation, organization,
association, ((or)) fraternal society, promoter, or participant
shall threaten to hold, or appears likely to hold or participate in 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,
promoter, or participant from holding or participating in such
contest or exhibition.
NEW SECTION. Sec. 19. Sections 1 through 4 of this act are each added to chapter 67.08 RCW.
NEW SECTION. Sec. 20. 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.