AN ACT Relating to boxing; 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, and 67.08.140; adding a new section to chapter 9.91 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 9.91 RCW to read as follows:

(1) It is unlawful for any person to hold or participate in boxing contests or sparring matches or exhibitions. For the purposes of this section, "boxing" means fisticuffs.

(2) A violation of this section is a gross misdemeanor, punishable upon conviction as provided under RCW 9A.20.021.

Sec. 2. 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"~~)) "athletics" 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~~)) the effective date of this 1989 act, shall be appointed for the terms beginning ((~~July~~)) August 1, ((~~1933~~)) 1989, and expiring as follows: One commissioner for the term expiring January 31, ((~~1934~~)) 1990, one commissioner for the term expiring January 31, ((~~1935~~)) 1991, and one commissioner for the term expiring January 31, ((~~1936~~)) 1992. 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. 3. 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~~)) athletic matches 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~~)) athletic 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. 4. 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~~)) athletic matches or exhibitions conducted within the state and no such ((~~boxing contest, 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, 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, sparring or wrestling~~)) athletic 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, sparring or wrestling~~)) athletic 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~~)) match 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~~)) that section applies to ((~~boxing contests, 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. 5. 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~~)) athletic 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. 6. 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~~)) athletic 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. 7. 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~~)) athletic 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~~)) match or exhibition, and such inspector is authorized to receive from the licensee conducting the ((~~contest~~)) match or exhibition 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~~)) match or exhibition 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. 8. 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~~)) athletic matches or exhibitions 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~~)) match or exhibition in all respects, and to otherwise make rules and regulations consistent with this chapter, but such rules and regulations shall apply only to ((~~contests~~)) matches or exhibitions held under the provisions of this chapter.

Sec. 9. Section 15, chapter 184, Laws of 1933 and RCW 67.08.090 are each amended to read as follows:

Each contestant for ((~~boxing, sparring or wrestling~~)) such match or exhibition 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~~)) match or exhibition report in writing and over his signature the physical condition of each and every contestant to the commissioner or inspector present at such ((~~contest~~)) match or exhibition. No contestant whose physical condition is not approved by the examining physician shall be permitted to participate in any ((~~contest~~)) match or exhibition. 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~~)) match or exhibition.

Any practicing physician and surgeon may be selected by the board as the examining physician. Such physician present at such ((~~contest~~)) match or exhibition shall have authority to stop any ((~~contest~~)) match or exhibition 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~~)) match or exhibition. If he has acted as examining physician he shall receive no fee for being present at such ((~~contest~~)) match or exhibition.

Sec. 10. 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~~)) athletes, seconds and trainers: PROVIDED, That the provisions of this section shall not apply to contestants or participants in strictly amateur ((~~contests~~)) matches or exhibitions 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. 11. 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~~)) athletic matches or exhibitions ((~~or contests~~)) who shall participate directly or indirectly in the purse or fee of any manager of any ((~~boxers or wrestlers~~)) athletes or ((~~any boxer or any wrestler~~)) any athlete and any licensee who shall conduct or participate in any sham or fake ((~~boxing contest or sparring or wrestling~~)) athletic 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. 12. 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~~)) athletic 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~~)) match or exhibition 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. 13. 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 conducting within this state ((~~boxing, sparring, or wrestling contests~~)) matches 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, matches, 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, match, or exhibition.