AN
ACT Relating to professional athletics licensing, health, and safety standards;
amending RCW 67.08.002, 67.08.015, 67.08.050, 67.08.080, 67.08.090, 67.08.110,
67.08.120, and 67.08.160; reenacting and amending RCW 67.08.100; adding a new
section to chapter 67.08 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 67.08 RCW to read as follows:
The
department shall set license and renewal fees by rule, but the fees collected
do not have to offset the cost of the program as required under RCW 43.24.086.
Sec.
2. RCW
67.08.002 and 1997 c 205 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)
"Amateur" means a person who engages in athletic activities as a
pastime and not as a professional.
(2)
"Boxing" means a contest in which the contestants exchange blows with
their fists, but does not include professional wrestling.
(3)
"Department" means the department of licensing.
(4)
"Director" means the director of the department of licensing or the
director's designee.
(5)
"Event" includes, but is not limited to, a boxing, wrestling, or
martial arts contest, sparring, fisticuffs, match, show, or exhibition.
(6)
"Event physician" means the physician licensed under RCW 67.08.100
and who is responsible for the activities described in RCW 67.08.090.
(7)
"Face value" means the dollar value of a ticket or order, which value
must reflect the dollar amount that the customer is required to pay or, for a
complimentary ticket, would have been required to pay to purchase a ticket with
equivalent seating priority, in order to view the event.
(((7)))
(8) "Gross receipts" means((:)) the amount
received from ((the sale of souvenirs, programs, and other concessions
received by the promoter; and)) the face value of all tickets sold and
complimentary tickets redeemed.
(((8)))
(9) "Kickboxing" means a type of boxing in which blows are
delivered with the hand and any part of the leg below the hip, including the
foot.
(((9)))
(10) "Martial arts" means a type of boxing including sumo,
judo, karate, kung fu, tae kwon do, pankration, muay thai, or other
forms of full-contact martial arts or self-defense conducted on a full-contact
basis.
(((10)))
(11) "Physician" means a person licensed under chapter 18.57,
18.36A, or 18.71 RCW as a physician or a person holding an osteopathic or
allopathic physician license under the laws of any jurisdiction in which the
person resides.
(12)
"Professional" means a person who has received or competed for money
or other articles of value for participating in an event.
(((11)))
(13) "Promoter" means a person, and includes any officer,
director, employee, or stockholder of a corporate promoter, who produces,
arranges, stages, holds, or gives an event in this state involving a
professional boxing, martial arts, or wrestling event, or shows or causes to be
shown in this state a closed circuit telecast of a match involving a
professional participant whether or not the telecast originates in this state.
(((12)
"Tough man/rough man contest or competition" means an event that
utilizes unlicensed, untrained, or otherwise licensed participants who engage
in unsanctioned activities that do not comply with this chapter, including a
full-contact, tournament-style martial arts contest, match, show, or exhibition
in which contestants compete more than once per day.
(13))) (14)
"Wrestling exhibition" or "wrestling show" means a form of
sports entertainment in which the participants display their skills in a
physical 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.
Sec.
3. RCW
67.08.015 and 1997 c 205 s 3 are each amended to read as follows:
(1)
In the interest of ensuring the safety and welfare of the participants, the
department shall have power and it shall be its duty to direct, supervise, and
control all boxing, martial arts, and wrestling events conducted within this
state and an event may not be held in this state except in accordance with the
provisions of this chapter. The department may, in its discretion, issue and
for cause deny, revoke, or suspend a license to promote, conduct, or hold
boxing, kickboxing, martial arts, or wrestling events where an admission fee is
charged by any person, club, corporation, organization, association, or
fraternal society.
(2)
All boxing, kickboxing, martial arts, or wrestling events that:
(a)
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
(b)
Are entirely amateur events promoted on a nonprofit basis or for charitable
purposes;
are not
subject to the licensing provisions of this chapter. A boxing, martial arts,
kickboxing, or wrestling event may not be conducted within the state except
under a license issued in accordance with this chapter and the rules of the
department except as provided in this section.
(3)
The director shall prohibit events unless all of the contestants are either
licensed under this chapter or trained by an amateur or professional
sanctioning body recognized by the department.
Sec.
4. RCW
67.08.050 and 1997 c 205 s 6 are each amended to read as follows:
(1)
Any promoter shall within seven days prior to the holding of any event file
with the department a statement setting forth the name of each licensee who is
a potential participant, his or her manager or managers, and such other
information as the department may require. Participant changes regarding a
wrestling event may be allowed after notice to the department, if the new
participant holds a valid license under this chapter. The department may stop
any wrestling event in which a participant is not licensed under this chapter.
(2)
Upon the termination of any event the promoter shall file with the designated
department representative a written report, duly verified as the department may
require showing the number of tickets sold for the event, the price charged for
the tickets and the gross proceeds thereof, and such other and further
information as the department may require. The promoter shall pay to the
department at the time of filing the report under this section a tax equal to
five percent of such gross receipts. However, the tax may not be less than
twenty-five dollars. The five percent of such gross receipts shall be
immediately paid by the department into the state general fund.
(3)
A complimentary ticket may not have a face value of less than the least
expensive ticket available for sale to the general public. ((It must
include charges and fees, such as dinner, gratuity, parking, surcharges, or
other charges or fees that are charged to and must be paid by the customer in
order to view the event.)) The number of untaxed complimentary tickets
shall be limited to five percent of the total tickets sold per event location,
not to exceed three hundred tickets. All complimentary tickets exceeding this
exemption shall be subject to taxation.
Sec.
5. RCW
67.08.080 and 1997 c 205 s 8 are each amended to read as follows:
A
boxing((, kickboxing, or martial art[s])) event held in this state may
not be for more than ten rounds and no one round of any bout shall be scheduled
for longer than three minutes and there shall be not less than one minute
intermission between each round. In the event of bouts involving state,
regional, national, or world championships the department may grant an
extension of no more than two additional rounds to allow total bouts of twelve
rounds. A contestant in any boxing event under this chapter may not be
permitted to wear gloves weighing less than eight ounces. The director shall
adopt rules to assure clean and sportsmanlike conduct on the part of all
contestants and officials, and the orderly and proper conduct of the event in
all respects, and to otherwise make rules consistent with this chapter, but
such rules shall apply only to events held under the provisions of this
chapter. The director may adopt rules with respect to round and bout
limitations and clean and sportsmanlike conduct for kickboxing, martial arts,
or wrestling events.
Sec.
6. RCW
67.08.090 and 1997 c 205 s 9 are each amended to read as follows:
(1)
Each contestant for boxing, kickboxing, or martial arts events shall be
examined within twenty-four hours before the contest by ((a competent)) an
event physician ((appointed)) licensed by the department.
The event physician shall report in writing and over his or her
signature before the event the physical condition of each and every contestant
to the inspector present at such contest. No contestant whose physical
condition is not approved by the ((examining)) event physician
shall be permitted to participate in any event. Blank forms ((of)) for
event physicians' reports shall be provided by the department and
all questions upon such blanks shall be answered in full. The ((examining))
event physician shall be paid a fee and travel expenses by the promoter.
(2)
The department may require that ((a)) an event physician be
present at a wrestling event. The promoter shall pay ((any)) the
event physician present at a wrestling event. A boxing, kickboxing, or
martial arts event may not be held unless ((a licensed)) an event
physician ((of)) licensed by the department ((or his or her
duly appointed representative)) is present throughout the event.
(3)
Any ((practicing)) physician ((and surgeon)) licensed under
RCW 67.08.100 may be selected by the department as the ((examining))
event physician. ((Such)) The event physician present at
((such)) any contest shall have authority to stop any event when
in the event physician's opinion it would be dangerous to a contestant
to continue, and in such event it shall be the event physician's duty to
stop the event.
(4)
The department may have a participant in a wrestling event examined by ((a))
an event physician ((appointed)) licensed by the
department prior to the event. A participant in a wrestling event whose
condition is not approved by the ((examining)) event physician
shall not be permitted to participate in the event.
(5)
Each contestant for boxing, kickboxing, martial arts, or wrestling events may
be subject to a random urinalysis or chemical test within twenty-four hours
before or after a contest. An applicant or licensee who refuses or fails to
submit to the urinalysis or chemical test is subject to disciplinary action
under RCW 67.08.240. If the urinalysis or chemical test is positive for
substances prohibited by rules adopted by the director, disciplinary action
shall be taken under RCW 67.08.240.
Sec.
7. RCW
67.08.100 and 1997 c 205 s 10 and 1997 c 58 s 864 are each reenacted and
amended to read as follows:
(1)
The department upon receipt of a properly completed application and payment of
a nonrefundable fee, may grant an annual license to an applicant for the
following: (a) Promoter; (b) manager; (c) boxer; (d) second; (e) wrestling
participant; (f) inspector((s)); (g) judge; (h) timekeeper; (i)
announcer((s)); ((and)) (j) event physician((s));
(k) referee; (l) matchmaker; (m) kickboxer; and (n) martial arts participant.
(2)
The application for the following types of licenses shall include a physical
performed by a physician, as defined in RCW 67.08.002, which was performed by
the physician with a time period preceding the application as specified by
rule: (a) Boxer; (b) wrestling participant; (c) kickboxer; (d) martial arts
participant; and (e) referee.
(3)
Any license may be revoked, suspended, or denied by the director for a
violation of this chapter or a rule adopted by the director.
(((3)))
(4) No person shall participate or serve in any of the above capacities
unless licensed as provided in this chapter.
(((4)))
(5) The referees, judges, timekeepers, event physicians, and
inspectors for any boxing event shall be designated by the department from
among licensed officials.
(((5)))
(6) The referee for any wrestling event shall be provided by the
promoter and shall be licensed as a wrestling participant.
(((6)))
(7) The department shall immediately suspend the license or certificate
of a person who has been certified pursuant to RCW 74.20A.320 by the department
of social and health services as a person who is not in compliance with a
support order ((or a residential or visitation order)). If the person
has continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be automatic upon
the department's receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with the order.
(((7)))
(8) A person may not be issued a license if the person has an unpaid
fine outstanding to the department.
(((8)))
(9) A person may not be issued a license unless they are at least
eighteen years of age.
(((9)))
(10) This section shall not apply to contestants or participants in
events at which only amateurs are engaged in contests and/or fraternal
organizations and/or veterans' organizations chartered by congress or the
defense department or any recognized amateur sanctioning body recognized by the
department, holding and promoting athletic events and where all funds are used
primarily for the benefit of their members. Upon request of the department, a
promoter, contestant, or participant shall provide sufficient information to
reasonably determine whether this chapter applies.
Sec.
8. RCW
67.08.110 and 1997 c 205 s 11 are each amended to read as follows:
(1)
Any person or any member of any group of persons or corporation promoting
boxing events who shall participate directly or indirectly in the purse or fee
of any manager of any boxers or any boxer and any licensee who shall conduct or
participate in any sham or fake boxing event shall be subject to license suspension,
revocation, or fine and such revoked, suspended, or fined
licensee shall not be entitled to receive any license issued under this
chapter.
(2)
A manager of any boxer, kickboxer, or martial arts participant who allows any
person or any group of persons or corporation promoting boxing, kickboxing, or martial
arts events to participate directly or indirectly in the purse or fee, or any
boxer, kickboxer, or martial arts participant or other licensee who conducts or
participates in any sham or fake boxing, kickboxing, or martial arts event is
subject to disciplinary action under RCW 67.08.240.
Sec.
9. RCW
67.08.120 and 1997 c 205 s 12 are each amended to read as follows:
Any
((unlicensed participant contestant)) applicant or licensee who
violates any rule of the department shall be fined, suspended, revoked, or any
combination thereof, by order of the director. Assessed fines shall not exceed
five ((hundred)) thousand dollars for each violation of this
chapter or any rule of the department.
Sec.
10. RCW
67.08.160 and 1989 c 127 s 2 are each amended to read as follows:
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)) event location.
