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MMA inching closer to legalization in New York MMA News 

MMA inching closer to legalization in New York

Yesterday bill, A02604, which outlines the provisions for legalizing the sport of MMA in New York pushed once stepped closer to fruition.  The problem however is that the New York State Assembly ends their session on June 17 which leaves them just 15 days to pass the bill.

Several new changes to the provision are below according to the MMA Journalist:

  • Amateur MMA is permitted, and will be sanctioned by the Athletic Commission or by third-party organizations approved by the Commission. There will be no more unsanctioned events allowed;
  • The Commission will have jurisdiction over all combative sports, including professional wrestling, martial arts and kickboxing. The list of organizations approved for sanctioning of martial arts events is gone, and the Commission will lay out criteria for third-party organizations to get approval to operate within the state;
  • These third-party organizations may have the power to sanction pro combative sports, including MMA events;
  • The Commission will have jurisdiction (and licensing ability) over gyms that provide sparring in preparation for pro boxing or pro MMA bouts;
  • Accident insurance for a minimum of $50,000 is required by all pro combative sports promoters, with a million dollar insurance minimum for competition injuries resulting in major brain injuries; and,
  • All combative sporting events, pro or amateur, will pay an 8.5% tax on gate and a 3% tax on broadcasting rights sold (this includes Internet broadcasts).

 

Below is the current copy of the bill which establishes protocols for combative sports; authorizes mixed martial arts events in this state; establishes procedures for applications for licenses; establishes penalties for violations, and imposes taxes on gross receipts of such events.

 

  S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2604--A

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 20, 2015
                                      ___________

       Introduced   by   M.   of  A.  MORELLE,  WRIGHT,  SIMOTAS,  ENGLEBRIGHT,
         PEOPLES-STOKES, HEVESI, MOYA,  TITUS,  TITONE,  PERRY,  COOK,  RIVERA,
         PAULIN, MOSLEY, STIRPE, BRINDISI, SANTABARBARA, SIMANOWITZ, GOLDFEDER,
         McDONALD,  PICHARDO,  MILLER,  ZEBROWSKI,  LINARES,  BICHOTTE,  DILAN,
         THIELE, JOYNER, WEPRIN -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,
         BARCLAY,  BLAKE, BORELLI, BRAUNSTEIN, BROOK-KRASNY, BUCHWALD, CERETTO,
         CRESPO, CROUCH, CURRAN, CUSICK, CYMBROWITZ, DAVILA, GARBARINO, GIGLIO,
         GJONAJ, GRAF, HOOPER, JEAN-PIERRE, KATZ, KEARNS,  KIM,  KOLB,  LAVINE,
         LAWRENCE,  LUPARDO, MAGEE, MAYER, McDONOUGH, PALMESANO, PERSAUD, PRET-
         LOW, QUART, RA, RAIA, RAMOS, ROBERTS, RODRIGUEZ, SEPULVEDA, SKARTADOS,
         TENNEY, WALKER, WALTER, WOZNIAK --  read  once  and  referred  to  the
         Committee  on Tourism, Parks, Arts and Sports Development -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the general business law, the tax law, and the alcoholic
         beverage control law in relation to authorized combative sports

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Article 40 and sections 900 and 901 of the general business
    2  law,  as  renumbered  by chapter 407 of the laws of 1973, are renumbered
    3  article 43 and sections 1200 and 1201, respectively, and a  new  article
    4  41 is added to read as follows:
    5                                 ARTICLE 41
    6                              COMBATIVE SPORTS
    7  SECTION 1000. DEFINITIONS.
    8          1001. COMBATIVE SPORTS AUTHORIZED.
    9          1002. COMBATIVE SPORTS PROHIBITED.
   10          1003. STATE ATHLETIC COMMISSION.
   11          1004. JURISDICTION OF THE COMMISSION.
   12          1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
   13          1006. SANCTIONING ENTITIES.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05199-02-5
       A. 2604--A                          2

    1          1007. LICENSES; GENERAL PROVISIONS.
    2          1008. LICENSES; JUDGES.
    3          1009. LICENSES; ENTITIES.
    4          1010. LICENSES; PROFESSIONALS.
    5          1011. TEMPORARY WORKING PERMITS.
    6          1012. TEMPORARY TRAINING FACILITIES.
    7          1013. MEDICAL ADVISORY BOARD.
    8          1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
    9          1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
   10          1016. REQUIRED FILINGS.
   11          1017. PROFESSIONAL WRESTLING; PROMOTERS.
   12          1018. PROHIBITED CONDUCT.
   13          1019. PENALTIES.
   14          1020. SUBPOENAS BY COMMISSION; OATHS.
   15          1021. EXCEPTIONS.
   16          1022. DISPOSITION OF RECEIPTS.
   17    S  1000.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
   18  PARTICIPANT IN A COMBATIVE SPORT SUPERVISED  BY  AN  AUTHORIZED  AMATEUR
   19  SANCTIONING  ENTITY  WHO  IS NOT RECEIVING OR COMPETING FOR, AND WHO HAS
   20  NEVER RECEIVED OR COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN,
   21  OR OTHER THING OF VALUE EXCEEDING THE ALLOWABLE  AMOUNT  ESTABLISHED  BY
   22  THE AUTHORIZED AMATEUR SANCTIONING ENTITY.
   23    2.  "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
   24  AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY  THE
   25  COMMISSION.
   26    3.  "COMBATIVE  SPORT"  MEANS  ANY UNARMED BOUT, CONTEST, COMPETITION,
   27  MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN  AUDIENCE,  WHEREIN  THE
   28  PARTICIPANTS  PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
   29  TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF  ANOTHER  PARTIC-
   30  IPANT, AND WHERE IN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
   31  ITIES.
   32    4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
   33  SECTION  ONE  THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR EMPLOYEE OF
   34  THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
   35    5. "MIXED MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE  RULES  OF
   36  ENGAGEMENT  DO  NOT  LIMIT THE PARTICIPANTS TO THE USE OF ONE RECOGNIZED
   37  TECHNIQUE OF A SINGLE, SYSTEMATIC, FIGHTING DISCIPLINE.
   38    6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE  SPORT  AUTHOR-
   39  IZED  PURSUANT  TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
   40  OR COMPETING FOR ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING
   41  EXCEEDING SEVENTY-FIVE DOLLARS IN VALUE.
   42    S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED  UNDER
   43  THE  SUPERVISION  OF  THE  COMMISSION,  OR  UNDER  THE SUPERVISION OF AN
   44  AUTHORIZED SANCTIONING ENTITY ARE HEREBY AUTHORIZED.  AUTHORIZED  COMBA-
   45  TIVE  SPORTS  INCLUDE, AMATEUR AND PROFESSIONAL BOXING, WRESTLING, SPAR-
   46  RING, KICK BOXING, SINGLE DISCIPLINE MARTIAL ARTS  AND  ANY  COMBINATION
   47  THEREOF,  INCLUDING  MIXED  MARTIAL  ARTS, PURSUANT TO THE PROVISIONS OF
   48  THIS ARTICLE.
   49    S 1002. COMBATIVE SPORTS  PROHIBITED.  1.  THE  CONDUCT  OF  COMBATIVE
   50  SPORTS  OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC-
   51  TIONING ENTITY IS PROHIBITED.
   52    2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN,  ACTING  OTHER
   53  THAN  AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS
   54  ANY UNAUTHORIZED COMBATIVE SPORT.  SUCH  CONDUCT  INCLUDES  BUT  IS  NOT
   55  LIMITED  TO  CONDUCT  DIRECTED  TOWARD  THE  CREATION,  ESTABLISHMENT OR
   56  PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE  ACQUISITION  OR
       A. 2604--A                          3

    1  MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,
    2  TOWARD  THE  SOLICITATION  OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC-
    3  IPATE THEREIN, TOWARD THE ACTUAL CONDUCT  OF  THE  PERFORMANCE  THEREOF,
    4  TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
    5  TOWARD  ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT.  ONE ADVANCES A
    6  PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER
    7  AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
    8  FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH  TO
    9  OCCUR  OR  CONTINUE  OR  MAKES  NO  EFFORT  TO PREVENT ITS OCCURRENCE OR
   10  CONTINUATION.
   11    3. A PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE  OR  SHE
   12  ACCEPTS  OR  RECEIVES MONEY OR OTHER PROPERTY WITH INTENT TO PARTICIPATE
   13  IN THE PROCEEDS OF A PROHIBITED  COMBATIVE  SPORT,  OR  PURSUANT  TO  AN
   14  AGREEMENT  OR  UNDERSTANDING  WITH  ANY PERSON WHEREBY HE OR SHE PARTIC-
   15  IPATES OR IS TO PARTICIPATE IN THE PROCEEDS OF  A  PROHIBITED  COMBATIVE
   16  SPORT.
   17    S  1003.  STATE ATHLETIC COMMISSION. 1. THE STATE ATHLETIC COMMISSION,
   18  AS NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN  HUNDRED
   19  TWENTY,  AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF NINETEEN
   20  HUNDRED EIGHTY-ONE, IS CONTINUED AS A  DIVISION  OF  THE  DEPARTMENT  OF
   21  STATE.  THE  COMMISSION  IS  ENACTED  TO  PROTECT THE HEALTH, SAFETY AND
   22  GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS  AND  SPECTATORS
   23  THEREOF,  TO  PRESERVE  THE  INTEGRITY  OF  AMATEUR  COMBATIVE SPORTS BY
   24  AUTHORIZING APPROPRIATE AND  TRUSTED  SANCTIONING  ENTITIES  TO  OVERSEE
   25  AMATEUR  COMBATIVE  SPORTS, AND TO PROTECT THE INTEGRITY OF PROFESSIONAL
   26  COMBATIVE SPORTS THROUGH THE MEANS OF LICENSING, OVERSIGHT AND  ENFORCE-
   27  MENT;  AND  THE  COMMISSION  SHALL CONSIDER THESE PURPOSES FOREMOST WHEN
   28  EFFECTUATING THE  PROVISIONS  OF  THIS  ARTICLE.  THE  COMMISSION  SHALL
   29  CONSIST  OF  FIVE  MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND
   30  WITH THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL  DESIGNATE
   31  ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION.  THE MEMBERS OF THE
   32  COMMISSION  SHALL  BE APPOINTED FOR TERMS OF THREE YEARS. ANY VACANCY IN
   33  THE MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION  OF
   34  TERM  SHALL  BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE MEMBER IN
   35  WHOSE POSITION THE VACANCY OCCURS.
   36    2. THE COMMISSION SHALL ACT IN THE BEST INTERESTS OF COMBATIVE SPORTS.
   37  THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVELING AND
   38  OTHER EXPENSES INCURRED BY THEM IN THE  PERFORMANCE  OF  THEIR  OFFICIAL
   39  DUTIES.  THE  COMMISSION  SHALL MAINTAIN IN THE CITY OF NEW YORK GENERAL
   40  OFFICES FOR THE TRANSACTION OF ITS BUSINESS. THE MEMBERS OF THE  COMMIS-
   41  SION  SHALL ADOPT A SEAL FOR THE COMMISSION, AND MAKE SUCH RULES FOR THE
   42  ADMINISTRATION OF THEIR OFFICE, NOT INCONSISTENT HEREWITH, AS  THEY  MAY
   43  DEEM EXPEDIENT; AND THEY MAY AMEND OR ABROGATE SUCH RULES.  THREE OF THE
   44  MEMBERS  OF THE COMMISSION SHALL CONSTITUTE A QUORUM TO DO BUSINESS; AND
   45  THE CONCURRENCE OF A MAJORITY OF  THE  COMMISSIONERS  PRESENT  SHALL  BE
   46  NECESSARY TO RENDER A DETERMINATION BY THE COMMISSION.
   47    S  1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND
   48  IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
   49  DICTION OVER:  1. ALL AUTHORIZED COMBATIVE SPORTS;
   50    2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO  ANY  AND  ALL
   51  PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
   52    3.  ALL  DETERMINATIONS  REGARDING  THE  AUTHORIZATION  OF AMATEUR AND
   53  PROFESSIONAL SANCTIONING ENTITIES;
   54    4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT  MAIN-
   55  TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
   56  IZED PROFESSIONAL COMBATIVE SPORTS;
       A. 2604--A                          4

    1    5.  THE  PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT
    2  PROVIDED FOR IN THIS ARTICLE; AND
    3    6.  ALL  CONTRACTS  RELATED  TO THE CONDUCT OF AUTHORIZED PROFESSIONAL
    4  COMBATIVE SPORTS.
    5    S 1005. OFFICERS AND EMPLOYEES OF THE  COMMISSION.  THE  SECRETARY  OF
    6  STATE  MAY  APPOINT,  AND  AT  HIS  OR HER PLEASURE REMOVE, AN EXECUTIVE
    7  DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH  OTHER
    8  EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
    9  CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
   10    S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
   11  LATIONS  ESTABLISHING  A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND
   12  APPROVED BY THE COMMISSION AS  AUTHORIZED  SANCTIONING  ENTITIES  FOR  A
   13  PERIOD  OF  TIME  TO  BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE
   14  ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT  COMBATIVE  SPORTS  WITHIN
   15  THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
   16  LIMIT  THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY
   17  TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
   18  SPECIFICALLY AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY  COMBI-
   19  NATION  OF  THE  FOREGOING  BASED  ON  THE QUALIFICATIONS, INTEGRITY AND
   20  HISTORY OF THE ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
   21    2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
   22    (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
   23    (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN  COMBATIVE  SPORTS  TO
   24  USE HAND, FOOT AND GROIN PROTECTION;
   25    (C)  WHETHER  THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES
   26  THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT  WHEN  ANY  PARTICIPANT
   27  HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
   28  ICAL INJURY; AND
   29    (D)  WHETHER  THE  ENTITY  HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE
   30  APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
   31    S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE  PROVIDED
   32  IN  SECTION  ONE  THOUSAND  ELEVEN  OF THIS ARTICLE, WITH RESPECT TO ALL
   33  AUTHORIZED PROFESSIONAL COMBATIVE  SPORTS  IN  THIS  STATE,  ALL  CORPO-
   34  RATIONS, ENTITIES, PERSONS, REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS,
   35  PROFESSIONALS,  AND  THEIR  MANAGERS,  TRAINERS,  AND  SECONDS  SHALL BE
   36  LICENSED BY THE COMMISSION. NO SUCH CORPORATION, ENTITY OR PERSON  SHALL
   37  BE  PERMITTED  TO  PARTICIPATE,  EITHER  DIRECTLY  OR INDIRECTLY, IN ANY
   38  AUTHORIZED PROFESSIONAL COMBATIVE SPORT, OR THE HOLDING THEREOF, OR  THE
   39  OPERATION OF ANY TRAINING FACILITY PROVIDING CONTACT SPARRING MAINTAINED
   40  EITHER  EXCLUSIVELY  OR  IN  PART  FOR THE USE OF PROFESSIONAL BOXERS OR
   41  PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS, UNLESS SUCH CORPORATION OR
   42  PERSONS SHALL HAVE FIRST PROCURED A LICENSE  FROM  THE  COMMISSION.  THE
   43  COMMISSION  SHALL  ESTABLISH  BY RULE AND REGULATION LICENSING STANDARDS
   44  FOR ALL LICENSEES.
   45    2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A  FORM  PRESCRIBED  BY
   46  THE   COMMISSION,  SHALL  BE  ADDRESSED  TO  THE  COMMISSION,  SHALL  BE
   47  SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER  AS  TRUE  UNDER
   48  THE  PENALTIES  OF  PERJURY,  AND  SHALL  SET  FORTH  SUCH  FACTS AS THE
   49  PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF  THE  COMMISSION  MAY
   50  REQUIRE.
   51    3.  THE  COMMISSION SHALL ESTABLISH REASONABLE FEES, TERMS AND RENEWAL
   52  TERMS FOR LICENSES, PERMITS AND OTHER AUTHORIZATIONS ISSUED PURSUANT  TO
   53  THIS  ARTICLE, PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL TERMS AND FEES
   54  IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS  OF  NINE-
   55  TEEN  HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO, IMMEDIATELY
   56  PRIOR TO THE ENACTMENT OF THIS ARTICLE,  SHALL  REMAIN  FIXED  AT  THEIR
       A. 2604--A                          5

    1  PRIOR  STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT OF THIS
    2  ARTICLE. THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE  AFOREMEN-
    3  TIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE COMMIS-
    4  SION  PURSUANT  TO  THIS SECTION SHALL BE SUBJECT TO THE APPROVAL OF THE
    5  DIRECTOR OF THE BUDGET.
    6    4. ANY LICENSE, TEMPORARY WORK PERMIT OR  OTHER  AUTHORIZATION  ISSUED
    7  UNDER  THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
    8  COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
    9  JUDGMENT OF THE COMMISSION,  DEMONSTRATED  CONDUCT  DETRIMENTAL  TO  THE
   10  INTERESTS  OF  AUTHORIZED  COMBATIVE  SPORTS  GENERALLY OR TO THE PUBLIC
   11  INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
   12  THE HEALTH AND SAFETY OF THE LICENSEE.
   13    (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL  KNOCKOUT  IN  A
   14  COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
   15  PHYSICIAN,  BE  SUSPENDED  BY THE COMMISSION, FOR A PERIOD DETERMINED BY
   16  THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO  THE  COMMISSION
   17  DURING  SUCH  PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE
   18  UNTIL HE OR SHE HAS MET ALL REQUIREMENTS,  MEDICAL  AND  OTHERWISE,  FOR
   19  REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
   20  HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
   21    (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IF ANY OTHER STATE
   22  SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
   23  STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO  SUCH
   24  LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   25    S 1008. LICENSES; JUDGES. 1. ONLY A PERSON LICENSED BY THE COMMISSION,
   26  AS A COMBATIVE SPORTS JUDGE, MAY JUDGE AN AUTHORIZED PROFESSIONAL COMBA-
   27  TIVE  SPORT  WITHIN  THE  STATE.  JUDGES FOR ANY AUTHORIZED PROFESSIONAL
   28  COMBATIVE SPORT UNDER  THE  JURISDICTION  OF  THE  COMMISSION  SHALL  BE
   29  SELECTED  BY  THE  COMMISSION  FROM  A LIST OF QUALIFIED LICENSED JUDGES
   30  MAINTAINED BY THE COMMISSION.
   31    2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT  OR  HIS  OR  HER
   32  MANAGER  MAY  PROTEST  THE  ASSIGNMENT  OF  A JUDGE TO A CONTEST AND THE
   33  PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
   34  SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
   35  REJECTED.
   36    3. EACH PERSON SEEKING TO BE LICENSED AS A  JUDGE  BY  THE  COMMISSION
   37  SHALL  BE  REQUIRED  TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION
   38  AND ANNUALLY THEREAFTER ON  THE  ANNIVERSARY  OF  THE  ISSUANCE  OF  THE
   39  LICENSE.  THE  COMMISSION  SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS
   40  AND REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST  BE
   41  CERTIFIED  AS  HAVING  COMPLETED  A  TRAINING PROGRAM AS APPROVED BY THE
   42  COMMISSION AND SHALL PASS AN  EXAMINATION  APPROVED  BY  THE  COMMISSION
   43  COVERING  ASPECTS  OF BOXING INCLUDING, BUT NOT LIMITED TO, THE RULES OF
   44  THE SPORT, AND THE LAW OF THE STATE RELATING TO THE COMMISSION.
   45    4. EACH PERSON SEEKING A  LICENSE  TO  JUDGE  AUTHORIZED  PROFESSIONAL
   46  COMBATIVE  SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL
   47  QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
   48  JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY  THE
   49  COMMISSION.    SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED
   50  BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
   51  POTENTIAL  CONFLICT  OF  INTERESTS  AS  WELL  AS  APPEARANCES  OF   SUCH
   52  CONFLICTS,  INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS
   53  OF ANY MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE  SPORT  SHALL  FILE
   54  WITH  THE  COMMISSION  A FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND
   55  MANNER AS SHALL BE ACCEPTABLE TO THE COMMISSION.
       A. 2604--A                          6

    1    S 1009. LICENSES; ENTITIES. 1.  (A)  ONLY  ENTITIES  LICENSED  BY  THE
    2  COMMISSION MAY CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN
    3  THE  STATE.  THE  COMMISSION  MAY, IN ITS DISCRETION, ISSUE A LICENSE TO
    4  CONDUCT OR HOLD AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SUBJECT TO THE
    5  PROVISIONS  HEREOF,  TO  ANY PERSON OR CORPORATION DULY INCORPORATED, OR
    6  LIMITED LIABILITY COMPANY AUTHORIZED, UNDER THE LAWS OF THE STATE OF NEW
    7  YORK.
    8    (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
    9  CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
   10  SUCH COMBATIVE SPORT IS TO BE HELD.
   11    (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT  TO  ANY  ENTITY
   12  HOLDING  A  LICENSE  ISSUED  HEREUNDER,  THE PRIVILEGE OF HOLDING SUCH A
   13  MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
   14  LOCATION, THAN THE PREMISES  OR  LOCATION  PREVIOUSLY  APPROVED  BY  THE
   15  COMMISSION,  SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES
   16  AND REGULATIONS OF THE COMMISSION.
   17    2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND  IN  ACCORDANCE  WITH
   18  REGULATIONS  ADOPTED  BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY
   19  OF PROFESSIONAL BOXERS IN TRAINING, ISSUE A LICENSE TO OPERATE A  TRAIN-
   20  ING FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR
   21  IN  PART FOR THE USE OF PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS. AT A
   22  MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
   23    (I) FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON  THE
   24  PREMISES  AND  FOR  THE PRESENCE ON THE PREMISES OF A PERSON TRAINED AND
   25  CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR  CARDIO-PULMO-
   26  NARY  RESUSCITATION  AT  ALL TIMES DURING WHICH THE FACILITY IS OPEN FOR
   27  TRAINING PURPOSES;
   28    (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
   29    (III) ADEQUATE VENTILATION AND LIGHTING OF  ACCESSIBLE  AREAS  OF  THE
   30  TRAINING FACILITY;
   31    (IV)  ESTABLISHMENT  OF A POLICY CONCERNING THE RESTRICTION OF SMOKING
   32  IN TRAINING AREAS, INCLUDING  PROVISIONS  FOR  ITS  ENFORCEMENT  BY  THE
   33  FACILITY OPERATOR;
   34    (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
   35    (VI)  INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR COMBA-
   36  TIVE SPORTS WILL BE HELD; AND
   37    (VII) ESTABLISHMENT OF A POLICY FOR  POSTING  ALL  COMMISSION  LICENSE
   38  SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
   39  ING  PROVISIONS  FOR  ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY
   40  THE FACILITY OPERATOR.
   41    (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF
   42  THAT IT CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS  TO  BE
   43  CONDUCTED,  INCLUDING  THE  MAKING OF SUCH TRAINING FACILITIES AVAILABLE
   44  FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
   45  PROGRESS.
   46    S 1010. LICENSES; PROFESSIONALS.  1.  ONLY  PERSONS  LICENSED  BY  THE
   47  COMMISSION SHALL COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
   48    2.  ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE TO
   49  PARTICIPATE IN COMBATIVE SPORTS  UNDER  THIS  ARTICLE  SHALL  UNDERGO  A
   50  COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
   51  INATIONS  BY A PHYSICIAN APPROVED BY THE COMMISSION.  IF, AT THE TIME OF
   52  SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJURY,  OR  FOR  ANY
   53  OTHER  REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL SHALL
   54  BE REQUIRED TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY  A  NEUROLO-
   55  GIST  INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY EQUIVALENT
   56  PROCEDURES. THE COMMISSION SHALL NOT ISSUE A LICENSE TO  A  PROFESSIONAL
       A. 2604--A                          7

    1  UNTIL  SUCH  EXAMINATIONS  ARE COMPLETED AND REVIEWED BY THE COMMISSION.
    2  THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART
    3  OF THE PROFESSIONAL'S PERMANENT MEDICAL  RECORD  AS  MAINTAINED  BY  THE
    4  COMMISSION.  THE  COSTS OF ALL SUCH EXAMINATIONS FOR PROFESSIONAL BOXERS
    5  SHALL BE ASSUMED BY THE STATE IF SUCH EXAMINATIONS ARE  PERFORMED  BY  A
    6  PHYSICIAN  OR  NEUROLOGIST  APPROVED BY THE COMMISSION; THE COSTS OF ALL
    7  SUCH EXAMINATIONS FOR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS SHALL
    8  BE ASSUMED BY THE APPLICANT OR  PROMOTER  WITH  WHICH  THE  PROFESSIONAL
    9  MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
   10    3.  ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A CONDITION
   11  OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
   12  TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
   13  ITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL  RECORDS
   14  OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL
   15  EXAMINATION  OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED CONFIDEN-
   16  TIAL, AND SHALL BE OPEN TO EXAMINATION ONLY TO  THE  COMMISSION  OR  ITS
   17  AUTHORIZED  REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER UPON
   18  WRITTEN APPLICATION TO EXAMINE SAID RECORDS, OR  UPON  THE  ORDER  OF  A
   19  COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
   20    S  1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE TEMPORARY
   21  WORKING PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND  SECONDS.
   22  A  TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER
   23  OF SUCH PERMIT TO ENGAGE IN A SINGLE AUTHORIZED  PROFESSIONAL  COMBATIVE
   24  SPORT  AT  A  SPECIFIED  TIME AND PLACE. THE COMMISSION MAY REQUIRE THAT
   25  PROFESSIONALS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A  PHYSICAL
   26  EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-
   27  NANCE  IMAGING  OR  MEDICALLY  EQUIVALENT  PROCEDURE.  TEMPORARY WORKING
   28  PERMITS SHALL EXPIRE  UPON  THE  COMPLETION  OF  THE  SINGLE  AUTHORIZED
   29  PROFESSIONAL   COMBATIVE   SPORT   AND  ANY  SUBSEQUENT  EVALUATIONS  OR
   30  INSPECTIONS REQUIRED BY THE COMMISSION.   THE  FEE  FOR  SUCH  TEMPORARY
   31  WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.
   32    S  1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS JUDGMENT
   33  MAY EXEMPT FROM LICENSING  UNDER  THIS  ARTICLE  ANY  TRAINING  FACILITY
   34  PROVIDING  CONTACT  SPARRING  ESTABLISHED  AND MAINTAINED ON A TEMPORARY
   35  BASIS FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC  AUTHOR-
   36  IZED  COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF
   37  NEW YORK.
   38    S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD  CREATED
   39  PURSUANT  TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
   40  TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS  HEREBY  CONTINUED  WITHOUT
   41  INTERRUPTION.  IT  SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS-
   42  SION, AND SHALL CONSIST OF ELEVEN MEMBERS TO BE APPOINTED BY THE  GOVER-
   43  NOR.  THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF
   44  THE ADVISORY BOARD. THE TERM OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO
   45  FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM  OF
   46  HIS  PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON
   47  OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE  SUCH  SUCCESSOR  OR
   48  OTHER  MEMBER  OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING
   49  OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT  BY
   50  THE  GOVERNOR  FOR  THE  REMAINDER  ONLY OF THE TERM. EACH MEMBER OF THE
   51  ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE  STATE
   52  OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST
   53  FIVE  YEARS'  EXPERIENCE  IN  THE PRACTICE OF HIS OR HER PROFESSION. THE
   54  MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY  BE
   55  FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
   56  SHALL  BE  ALLOWED  AND  PAID  NECESSARY  TRAVELING  AND  OTHER EXPENSES
       A. 2604--A                          8

    1  INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
    2  UNDER.
    3    2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE
    4  BOARD  TO  PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL REGULATIONS
    5  AND STANDARDS FOR THE PHYSICAL EXAMINATION OF  PROFESSIONALS  INCLUDING,
    6  WITHOUT  LIMITATION,  PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC
    7  COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL  CONTINUE  TO  SERVE  IN  AN
    8  ADVISORY  CAPACITY  TO  THE COMMISSION AND FROM TIME TO TIME PREPARE AND
    9  SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL  REGULATIONS  AND
   10  STANDARDS  OF  EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS-
   11  ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION.  THE  ADVISORY
   12  BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
   13  PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
   14  PURPOSE  OF  CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER
   15  SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH  PHYSICIANS,
   16  IF  SO  EMPLOYED,  SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION
   17  WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF  SECTION  SEVEN-
   18  TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
   19    (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
   20    (B)  RENDERING  PROFESSIONAL  SERVICES  ON BEHALF OF THE COMMISSION TO
   21  PROFESSIONALS.
   22    3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND  APPROPRIATE  MEDICAL
   23  EDUCATION  PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT
   24  OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE  AND
   25  ACT  UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN
   26  A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.
   27    4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE  OF
   28  EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
   29    5.  THE  ADVISORY  BOARD  SHALL  ADVISE THE COMMISSION ON ANY STUDY OF
   30  EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
   31  THE SAFETY OF PROFESSIONALS.
   32    S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.    THE
   33  COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
   34  IZED PROFESSIONAL COMBATIVE SPORTS THAT:
   35    1.  ESTABLISH  PARAMETERS  AND  LIMITATIONS  ON WEIGHTS AND CLASSES OF
   36  PROFESSIONALS;
   37    2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION  OF
   38  ROUNDS;
   39    3.  ESTABLISH  THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT,
   40  MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN  EMER-
   41  GENCY MEDICAL PLAN;
   42    4.  ESTABLISH  RESPONSIBILITIES  OF  ALL  LICENSEES BEFORE, DURING AND
   43  AFTER AN EVENT;
   44    5. DEFINE UNSPORTSMANLIKE PRACTICES;
   45    6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE,  REMUNERATION
   46  OR  PURSE,  OR  ANY  PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS,
   47  THEIR MANAGERS AND SECONDS;
   48    7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED  EQUIP-
   49  MENT ITEMS UTILIZED BY PROFESSIONALS;
   50    8.  ESTABLISH  PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND
   51  APPURTENANCES THERETO; AND
   52    9. ESTABLISH SUCH OTHER RULES  AND  CONDITIONS  AS  ARE  NECESSARY  TO
   53  EFFECTUATE THE COMMISSION'S PURPOSE.
   54    S  1015.  CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1.  ALL
   55  BUILDINGS OR STRUCTURES USED OR  INTENDED  TO  BE  USED  FOR  CONDUCTING
   56  AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORTS SHALL BE PROPERLY VENTILATED
       A. 2604--A                          9

    1  AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM
    2  TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS  IN  THE
    3  CITY, TOWN OR VILLAGE WHERE SITUATED.
    4    2.  NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY
    5  AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO  PERSON  UNDER  SIXTEEN
    6  YEARS  OF  AGE  SHALL  BE  PERMITTED  TO  ATTEND THEREAT AS A SPECTATOR,
    7  PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
    8  TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
    9    3. AT EACH  AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORT,  EXCEPT  WHERE
   10  CONDUCTED  SOLELY  FOR TRAINING PURPOSES, THERE SHALL BE IN ATTENDANCE A
   11  DULY LICENSED REFEREE WHO SHALL DIRECT AND CONTROL THE SAME. THERE SHALL
   12  ALSO BE IN  ATTENDANCE,  EXCEPT  WHERE  CONDUCTED  SOLELY  FOR  TRAINING
   13  PURPOSES,  THREE  DULY  LICENSED  JUDGES WHO SHALL AT THE TERMINATION OF
   14  EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE SPORT RENDER THEIR DECISION.
   15  THE WINNER SHALL BE DETERMINED  IN  ACCORDANCE  WITH  A  SCORING  SYSTEM
   16  PRESCRIBED BY THE COMMISSION.
   17    4.  THE  COMMISSION  SHALL  DIRECT AN EMPLOYEE OF THE COMMISSION TO BE
   18  PRESENT AT EACH PLACE WHERE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS ARE
   19  TO BE CONDUCTED.  SUCH EMPLOYEE OF THE COMMISSION  SHALL  ASCERTAIN  THE
   20  EXACT  CONDITIONS  SURROUNDING  SUCH  AUTHORIZED  PROFESSIONAL COMBATIVE
   21  SPORT AND MAKE A WRITTEN REPORT OF THE  SAME  IN  THE  MANNER  AND  FORM
   22  PRESCRIBED  BY  THE COMMISSION.  WHERE AUTHORIZED PROFESSIONAL COMBATIVE
   23  SPORTS ARE APPROVED TO BE HELD IN A STATE  OR  CITY  OWNED  ARMORY,  THE
   24  PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST BE COMPLIED WITH.
   25    5.  ANY  RING  OR COMBAT SURFACE MUST BE INSPECTED AND APPROVED BY THE
   26  COMMISSION PRIOR TO THE  COMMENCEMENT  OF  ANY  AUTHORIZED  PROFESSIONAL
   27  COMBATIVE SPORT.
   28    6. ALL PROFESSIONALS MUST BE EXAMINED BY A PHYSICIAN DESIGNATED BY THE
   29  COMMISSION  BEFORE  ENTERING  THE  RING  OR COMBAT SURFACE AND EACH SUCH
   30  PHYSICIAN SHALL IMMEDIATELY FILE WITH THE COMMISSION A WRITTEN REPORT OF
   31  SUCH EXAMINATION. THE COST OF ANY SUCH EXAMINATION, AS PRESCRIBED  BY  A
   32  SCHEDULE  OF  FEES  ESTABLISHED  BY THE COMMISSION, SHALL BE PAID BY THE
   33  CORPORATION CONDUCTING THE AUTHORIZED PROFESSIONAL  COMBATIVE  SPORT  TO
   34  THE  COMMISSION.  IT  SHALL  BE  THE DUTY OF EVERY PERSON OR CORPORATION
   35  LICENSED TO CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, TO  HAVE
   36  IN ATTENDANCE AT EVERY AUTHORIZED PROFESSIONAL COMBATIVE SPORT, AT LEAST
   37  ONE  PHYSICIAN  DESIGNATED BY THE COMMISSION AS THE RULES SHALL PROVIDE.
   38  THE COMMISSION MAY ESTABLISH A SCHEDULE OF FEES TO BE PAID BY THE LICEN-
   39  SEE TO COVER THE COST OF SUCH ATTENDANCE.
   40    7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
   41  SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS  RECEIVED
   42  SEVERE  PUNISHMENT  OR  IS  IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE
   43  EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN  SHALL  IMMEDIATELY
   44  RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
   45  HOSPITALIZATION  IF  REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE
   46  COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
   47  EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT  THE  INJURED  PROFESSIONAL
   48  AND  HIS  OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT
   49  TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS  SUCH  PHYSI-
   50  CIAN  DEEMS  ADVISABLE.  ANY  PROFESSIONAL  LICENSED  UNDER THIS ARTICLE
   51  RENDERED UNCONSCIOUS OR SUFFERING  HEAD  TRAUMA  AS  DETERMINED  BY  THE
   52  ATTENDING  PHYSICIAN  SHALL  BE  IMMEDIATELY  EXAMINED  BY THE ATTENDING
   53  COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM-
   54  INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED  TO  MAGNETIC  RESO-
   55  NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
       A. 2604--A                         10

    1    8.  SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED
    2  PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF  IN  HIS  OR
    3  HER  OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI-
    4  OUS PHYSICAL INJURY TO A PROFESSIONAL.
    5    9.  BEFORE  A  LICENSE  SHALL BE GRANTED TO A PERSON OR CORPORATION TO
    6  CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT  SHALL
    7  EXECUTE  AND  FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT TO BE DETER-
    8  MINED BY THE COMMISSION, TO BE APPROVED AS TO FORM  AND  SUFFICIENCY  OF
    9  SURETIES  THEREON  BY  THE  COMPTROLLER,  CONDITIONED  FOR  THE FAITHFUL
   10  PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF  THIS  ARTICLE  AND
   11  THE  RULES  AND  REGULATIONS  OF THE COMMISSION, AND UPON THE FILING AND
   12  APPROVAL OF SAID BOND THE COMPTROLLER SHALL ISSUE TO  SAID  APPLICANT  A
   13  CERTIFICATE  OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY SAID APPLI-
   14  CANT, FILED IN THE OFFICE OF THE COMMISSION  WITH  ITS  APPLICATION  FOR
   15  LICENSE,  AND  NO  SUCH  LICENSE  SHALL BE ISSUED UNTIL SUCH CERTIFICATE
   16  SHALL BE FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE,  THE  COMMISSION
   17  MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE
   18  THOUSAND  DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE ATTOR-
   19  NEY-GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW  YORK  IN  THE
   20  SAME  MANNER  AS  OTHER  PENALTIES  ARE  RECOVERED BY LAW; ANY AMOUNT SO
   21  RECOVERED SHALL BE PAID INTO THE TREASURY.
   22    10. IN ADDITION TO THE BOND  REQUIRED  BY  SUBDIVISION  NINE  OF  THIS
   23  SECTION,  EACH  APPLICANT FOR A LICENSE TO CONDUCT AN AUTHORIZED PROFES-
   24  SIONAL COMBATIVE SPORT SHALL EXECUTE AND FILE  WITH  THE  COMPTROLLER  A
   25  BOND  IN  AN AMOUNT TO BE DETERMINED BY THE COMMISSION TO BE APPROVED AS
   26  TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE  COMPTROLLER,  CONDI-
   27  TIONED  FOR  AND  GUARANTEEING THE PAYMENT OF PROFESSIONALS' AND PROFES-
   28  SIONAL WRESTLERS' PURSES, SALARIES OF CLUB  EMPLOYEES  LICENSED  BY  THE
   29  COMMISSION,  AND  THE  LEGITIMATE  EXPENSES  OF PRINTING TICKETS AND ALL
   30  ADVERTISING MATERIAL.
   31    11. ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS  PROMOTERS
   32  OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
   33  THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
   34  FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
   35  PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
   36  ING  IN  AUTHORIZED  PROFESSIONAL  COMBATIVE SPORTS OR WRESTLING EXHIBI-
   37  TIONS. SUCH ACCIDENT INSURANCE  OR  FINANCIAL  GUARANTEE  SHALL  PROVIDE
   38  COVERAGE  TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND HOSPI-
   39  TAL CARE, WITH A MINIMUM LIMIT OF FIFTY THOUSAND  DOLLARS  FOR  INJURIES
   40  SUSTAINED  WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL
   41  OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO
   42  THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH  DEATH  IS  OCCASIONED  BY
   43  INJURIES  RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN WHICH
   44  SUCH LICENSED PROFESSIONAL OR PROFESSIONAL WRESTLER  PARTICIPATED  UNDER
   45  THE  PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL, SURGI-
   46  CAL AND HOSPITAL CARE WITH A MINIMUM LIMIT OF ONE  MILLION  DOLLARS  FOR
   47  THE  TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A PROGRAM
   48  OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
   49  ABLE, CASUAL LINK EXISTS BETWEEN  THE  PROFESSIONAL  LICENSEE'S  PARTIC-
   50  IPATION  IN  SUCH  PROGRAM  AND THE LIFE-THREATENING BRAIN INJURY. WHERE
   51  APPLICABLE, PROFESSIONAL LICENSEES  SHALL  BE  AFFORDED  THE  OPTION  TO
   52  SUPPLEMENT  THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL GUARAN-
   53  TEE TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY  THIS
   54  SUBDIVISION.    THE  COMMISSION  MAY FROM TIME TO TIME, PROMULGATE REGU-
   55  LATIONS TO ADJUST THE AMOUNT OF SUCH  MINIMUM  LIMITS.  THE  FAILURE  TO
   56  PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
       A. 2604--A                         11

    1  FOR  THE  SUSPENSION OR THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING
    2  ENTITY.
    3    12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
    4  PROFESSIONAL  OR  AMATEUR  COMBATIVE  SPORT,  INCLUDING ANY PROFESSIONAL
    5  WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED  OR
    6  RECEIVED,  SHALL  NOTIFY  THE  ATHLETIC  COMMISSION AT LEAST TEN DAYS IN
    7  ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO  ANY
    8  SUCH  PROFESSIONAL  OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING
    9  MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED  BY
   10  THE  STATE  ATHLETIC  COMMISSION  TO  PRINT  SUCH TICKETS AND SHALL BEAR
   11  CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION  OF  SAME.
   12  ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING TO FULLY COMPLY
   13  WITH  THIS SECTION SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS
   14  TO BE COLLECTED BY AND PAID TO THE DEPARTMENT OF STATE. ANY  INDIVIDUAL,
   15  CORPORATION,  ASSOCIATION OR CLUB IS PROHIBITED FROM OPERATING ANY SHOWS
   16  OR EXHIBITIONS UNTIL ALL PENALTIES DUE  PURSUANT  TO  THIS  SECTION  AND
   17  TAXES,  INTEREST  AND  PENALTIES DUE PURSUANT TO ARTICLE NINETEEN OF THE
   18  TAX LAW HAVE BEEN PAID.
   19    (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
   20  EMPLOYEES OR OFFICERS OF THE ATHLETIC COMMISSION SHALL ACT AS AGENTS  OF
   21  THE  COMMISSIONER  OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY
   22  ARTICLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION  SHALL  PROVIDE
   23  THE COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECH-
   24  NICAL  ASSISTANCE  AS  MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF
   25  SUCH TAX.
   26    S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
   27  OR OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR  ARRANGEMENT
   28  OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
   29  A  WRITTEN  STATEMENT  EXECUTED UNDER PENALTY OF PERJURY STATING (A) ALL
   30  CHARGES, EXPENSES, FEES, AND COSTS THAT WILL  BE  ASSESSED  AGAINST  ANY
   31  PROFESSIONAL  PARTICIPATING  IN  THE  EVENT; (B) ALL PAYMENTS, BENEFITS,
   32  COMPLIMENTARY BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL  RECEIVE
   33  FOR  ITS  AFFILIATION  WITH THE EVENT; (C) THE NAME OF THE PROMOTER; (D)
   34  SPONSOR OF THE EVENT; AND (E) ALL OTHER  SOURCES,  AND  SUCH  OTHER  AND
   35  ADDITIONAL  INFORMATION  AS  REQUIRED  BY  THE  COMMISSION. SUCH WRITTEN
   36  STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE  COMMIS-
   37  SION.
   38    2.  THE  PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
   39  THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE  PROFESSIONALS
   40  FOR  A  CONTEST  MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER
   41  PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
   42  THROUGH THE PROMOTER  ON  THE  PROFESSIONAL  PERTAINING  TO  THE  EVENT,
   43  INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
   44  RECEIVE  AND  TRAINING  EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE
   45  PROMOTER IS PROVIDING TO ANY SANCTIONING  ORGANIZATION  AFFILIATED  WITH
   46  THE  EVENT.  SUCH  WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER
   47  ACCEPTABLE TO THE COMMISSION.
   48    3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT  PARTICIPATES  IN
   49  THE  PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
   50  FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY  AGREEMENT  IN
   51  WRITING  TO  WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC-
   52  IPATING IN THE MATCH.
   53    4. ALL CONTRACTS CALLING FOR THE SERVICES  OF  A  PROFESSIONAL  IN  AN
   54  AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORT  AND ENTERED INTO BY LICENSED
   55  PROMOTING CORPORATIONS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF  THE
   56  PARTIES IN SUCH CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE
       A. 2604--A                         12

    1  RIGHTS  TO  DISTRIBUTE,  TELEVISE  OR  OTHERWISE TRANSMIT ANY AUTHORIZED
    2  PROFESSIONAL COMBATIVE SPORT OVER THE AIRWAVES  OR  BY  CABLE  SHALL  BE
    3  SUBJECT  TO  THE  APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE
    4  FILED  WITH  THE COMMISSION BY SUCH CORPORATION, PROFESSIONAL OR MANAGER
    5  WITHIN FORTY-EIGHT HOURS AFTER THE EXECUTION OF  SUCH  CONTRACT  AND  AT
    6  LEAST  TEN  BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES
    7  OF BOUTS, TO WHICH THEY RELATE. THE COMMISSION  MAY  WAIVE  SUCH  FILING
    8  DEADLINE FOR GOOD CAUSE SHOWN.
    9    S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
   10  ARTICLE,  "PROFESSIONAL  WRESTLING"  SHALL  MEAN  AN  ACTIVITY  IN WHICH
   11  PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF  PROVID-
   12  ING  ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE
   13  ATHLETIC CONTEST OR COMPETITION.
   14    2. EVERY PERSON, PARTNERSHIP OR  CORPORATION  PROMOTING  ONE  OR  MORE
   15  PROFESSIONAL  WRESTLING  EXHIBITIONS  IN THIS STATE SHALL BE REQUIRED TO
   16  OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS
   17  SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE  COMMISSION  PURSUANT
   18  TO  RULE  AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE.
   19  EACH APPLICANT SHALL PAY AN ANNUAL FEE  ESTABLISHED  BY  THE  COMMISSION
   20  PURSUANT TO RULE.
   21    3.  A  LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE
   22  STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN  ADVANCE
   23  OF  THE  HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND
   24  FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
   25  SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-
   26  EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT  OF
   27  PROFESSIONAL  WRESTLER'S  PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY
   28  THE COMMISSION, THE LEGITIMATE EXPENSES  OF  PRINTING  TICKETS  AND  ALL
   29  ADVERTISING  MATERIAL,  PAYMENTS  TO  SPONSORING  ORGANIZATIONS, AND THE
   30  APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
   31    4. A LICENSED PROMOTER OF A PROFESSIONAL  WRESTLING  EXHIBITION  SHALL
   32  PROVIDE  FOR  A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND
   33  SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR  TO  EACH  PERFORMANCE,
   34  AND  EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD-
   35  ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.
   36    5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES  SIX
   37  OR  MORE  EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE
   38  AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A  WRITTEN  COPY  OF  THE
   39  PLAN.  EACH  SUCH  PLAN  SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE
   40  DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH  PLAN
   41  SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
   42    (A)  DISSEMINATION  OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS
   43  WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF  PROHIBITED  DRUGS
   44  AND AVAILABLE REHABILITATION SERVICES; AND
   45    (B)  A  REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO
   46  OBTAIN REHABILITATION SERVICES.
   47    S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR  PERSON  SHALL  HAVE,
   48  EITHER  DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL
   49  BOXER COMPETING ON PREMISES  OWNED  OR  LEASED  BY  THE  CORPORATION  OR
   50  PERSON,  OR  IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED
   51  EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
   52    2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL  BE
   53  PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
   54  COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
   55  OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
       A. 2604--A                         13

    1    3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
    2  PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
    3  SECOND,  WHO  SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR
    4  COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
    5  HIS  OR  HER  LICENSE  BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL
    6  REMEDIES.
    7    4. NO LICENSED PROMOTING CORPORATION  OR  MATCHMAKER  SHALL  KNOWINGLY
    8  ENGAGE  IN  A  COURSE  OF CONDUCT IN WHICH FIGHTS ARE ARRANGED WHERE ONE
    9  PROFESSIONAL HAS SKILLS OR EXPERIENCE SIGNIFICANTLY  IN  EXCESS  OF  THE
   10  OTHER  PROFESSIONAL  SO  THAT  A  MISMATCH RESULTS WITH THE POTENTIAL OF
   11  PHYSICAL HARM TO THE PROFESSIONAL.
   12    S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS  FROM
   13  A  PROHIBITED  COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR,
   14  AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN  CONVICTED
   15  IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
   16    2.  ANY  PERSON  WHO  KNOWINGLY  ADVANCES OR PROFITS FROM A PROHIBITED
   17  COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT  TO  EXCEED
   18  FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN
   19  DERIVED  THEREFROM  WHICHEVER  IS GREATER, OR FOR A SUBSEQUENT VIOLATION
   20  TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED  THERE-
   21  FROM  WHICHEVER  IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO
   22  COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES  AND  TO  OBTAIN
   23  INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION.
   24    3.  ANY  PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY
   25  AUTHORIZED PROFESSIONAL COMBATIVE SPORTS WITHOUT FIRST  HAVING  PROCURED
   26  AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHO DIRECTLY OR
   27  INDIRECTLY  CONDUCTS  ANY  AUTHORIZED  AMATEUR  COMBATIVE SPORTS WITHOUT
   28  SANCTIONING BY AN AUTHORIZED SANCTIONING ENTITY SHALL  BE  GUILTY  OF  A
   29  MISDEMEANOR.  ANY  PERSON WHO PARTICIPATES IN AN AUTHORIZED PROFESSIONAL
   30  COMBATIVE SPORT AS A REFEREE, JUDGE,  MATCH-MAKER,  TIMEKEEPER,  PROFES-
   31  SIONAL,  MANAGER,  TRAINER,  OR  SECOND WITHOUT FIRST HAVING PROCURED AN
   32  APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE SHALL BE GUILTY  OF  A
   33  MISDEMEANOR.  ANY  PERSON,  PARTNERSHIP  OR  CORPORATION  WHO PROMOTES A
   34  PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE  STATE  WITHOUT  FIRST
   35  HAVING  PROCURED  AN  APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE
   36  THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.
   37    4. ANY CORPORATION, ENTITY, PERSON  OR  PERSONS,  LICENSED  UNDER  THE
   38  PROVISIONS  OF  THIS  ARTICLE,  THAT SHALL KNOWINGLY VIOLATE ANY RULE OR
   39  ORDER OF THE COMMISSION OR ANY PROVISION OF THIS ARTICLE, IN ADDITION TO
   40  ANY OTHER PENALTY BY LAW PRESCRIBED, SHALL BE LIABLE TO A CIVIL  PENALTY
   41  NOT  TO  EXCEED  TEN  THOUSAND  DOLLARS FOR THE FIRST OFFENSE AND NOT TO
   42  EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR THE SECOND AND  EACH  SUBSEQUENT
   43  OFFENSE,  TO  BE IMPOSED BY THE COMMISSION, TO BE SUED FOR BY THE ATTOR-
   44  NEY-GENERAL IN THE NAME OF THE PEOPLE  OF  THE  STATE  OF  NEW  YORK  IF
   45  DIRECTED  BY THE COMMISSION. THE COMMISSION, FOR CAUSE SHOWN, MAY EXTEND
   46  THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY  ACCEPT
   47  LESS  THAN  THE AMOUNT OF SUCH PENALTY AS IMPOSED IN SETTLEMENT THEREOF.
   48  FOR  THE  PURPOSES  OF  THIS  SECTION,  EACH  TRANSACTION  OR  STATUTORY
   49  VIOLATION  SHALL  CONSTITUTE A SEPARATE OFFENSE, EXCEPT THAT A SECOND OR
   50  SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST UNLESS  A  DECISION  HAS
   51  BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT PROCEEDING.
   52    5.  ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED PURSU-
   53  ANT TO SUBDIVISION TWO OF SECTION ONE THOUSAND  NINE  OF  THIS  ARTICLE,
   54  WHICH  INFRACTION  MAY  INCLUDE  MORE THAN ONE INDIVIDUAL VIOLATION, THE
   55  COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO TWO  HUNDRED  FIFTY  DOLLARS
   56  FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
       A. 2604--A                         14

    1  ITY'S  LICENSE  UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED.  ON THE
    2  SECOND SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP  TO
    3  FIVE  HUNDRED  DOLLARS  FOR  EACH  HEALTH  AND  SAFETY VIOLATION AND MAY
    4  SUSPEND   THE   TRAINING  FACILITY'S  LICENSE  UNTIL  THE  VIOLATION  OR
    5  VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
    6  INFRACTIONS, THE COMMISSION MAY IMPOSE A  CIVIL  FINE  OF  UP  TO  SEVEN
    7  HUNDRED  FIFTY  DOLLARS  FOR  EACH  HEALTH  AND SAFETY VIOLATION AND MAY
    8  REVOKE THE TRAINING FACILITY'S LICENSE.
    9    6. ALL PENALTIES IMPOSED AND COLLECTED  BY  THE  COMMISSION  FROM  ANY
   10  CORPORATION,  ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS OF
   11  THIS ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED  UNDER
   12  AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
   13  EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
   14    S  1020.  SUBPOENAS  BY  COMMISSION;  OATHS. THE COMMISSION SHALL HAVE
   15  AUTHORITY TO ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE  SEAL  OF
   16  THE  COMMISSION,  SUBPOENAS  FOR  THE ATTENDANCE OF WITNESSES BEFORE THE
   17  COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE  REGULATED  BY
   18  THE CIVIL PRACTICE LAW AND RULES.
   19    S  1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS PROVIDED
   20  IN SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN  OF  THIS  ARTICLE
   21  SHALL  NOT  BE  CONSTRUED  TO APPLY TO ANY SPARRING OR BOXING CONTEST OR
   22  EXHIBITION CONDUCTED UNDER THE SUPERVISION OR THE  CONTROL  OF  THE  NEW
   23  YORK  STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS
   24  ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
   25  WHERE THE CONTESTANTS ARE ALL  AMATEURS,  SPONSORED  BY  AND  UNDER  THE
   26  SUPERVISION  OF  ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF
   27  LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY
   28  BUSINESS ENTITY INCORPORATED FOR THE SOLE PURPOSE OF PROVIDING  INSTRUC-
   29  TION  AND  EVALUATION IN A COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES
   30  OF HEALTH AND FITNESS, PERSONAL  DEVELOPMENT,  SELF-DEFENSE  OR  PARTIC-
   31  IPATION IN AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY;
   32  NOR  TO  ANY  SUCH  CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE ALL
   33  AMATEURS SPONSORED BY AND UNDER THE SUPERVISION OF THE AMERICAN  OLYMPIC
   34  ASSOCIATION  OR,  IN THE CASE OF BOXING, THE U.S.  AMATEUR BOXING FEDER-
   35  ATION OR ITS LOCAL AFFILIATES OR THE AMERICAN OLYMPIC  ASSOCIATION;  NOR
   36  EXCEPT  AS  TO  THE  EXTENT  PROVIDED  OTHERWISE IN THIS ARTICLE, TO ANY
   37  PROFESSIONAL WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE.
   38  ANY INDIVIDUAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT  ELEMENTARY  OR
   39  HIGH  SCHOOLS  OR  EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE
   40  REGENTS OF THE STATE OF NEW YORK,  WHO  OR  WHICH  CONDUCTS  AN  AMATEUR
   41  CONTEST  PURSUANT  TO  THIS SECTION MUST REGISTER WITH THE U. S. AMATEUR
   42  BOXING FEDERATION OR ITS LOCAL AFFILIATES AND ABIDE  BY  ITS  RULES  AND
   43  REGULATIONS.
   44    S  1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION SHALL
   45  BE PAID INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT  RECEIPTS  FROM
   46  THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
   47  PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
   48    S  2.    Subdivision  1  of  section 451 of the tax law, as amended by
   49  section 1 of part F of chapter 407 of the laws of 1999,  is  amended  to
   50  read as follows:
   51    1.  "Gross  receipts  from  ticket  sales"  shall mean the total gross
   52  receipts of every person from the sale of tickets to  any  [professional
   53  or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED
   54  COMBATIVE SPORT held in this state, and without any deduction whatsoever
   55  for  commissions, brokerage, distribution fees, advertising or any other
   56  expenses, charges and recoupments in respect thereto.
       A. 2604--A                         15

    1    S 3. Section 452 of the tax law, as amended by section 2 of part F  of
    2  chapter 407 of the laws of 1999, is amended to read as follows:
    3    S  452.  Imposition  of  tax.  1. On and after October first, nineteen
    4  hundred ninety-nine, a tax is hereby imposed and shall be paid upon  the
    5  gross  receipts  of  every  person  holding  any professional or amateur
    6  boxing, sparring or wrestling match or exhibition in  this  state.  Such
    7  tax  shall  be  imposed on such gross receipts, exclusive of any federal
    8  taxes, as follows:
    9    (a) three percent of gross receipts from ticket sales, except that  in
   10  no  event  shall  the tax imposed by this [subdivision] PARAGRAPH exceed
   11  fifty thousand dollars for any match or exhibition;
   12    (b) three percent of gross receipts from broadcasting  rights,  except
   13  that  in  no event shall the tax imposed by this [subdivision] PARAGRAPH
   14  exceed fifty thousand dollars for any match or exhibition.
   15    2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
   16  BY IMPOSED AND SHALL BE PAID UPON THE GROSS  RECEIPTS  OF  EVERY  PERSON
   17  HOLDING  ANY  AUTHORIZED  COMBATIVE  SPORT IN THIS STATE, OTHER THAN ANY
   18  PROFESSIONAL AMATEUR BOXING, SPARRING OR WRESTLING EXHIBITION OR  MATCH,
   19  EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS;
   20    (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPT FROM TICKET SALES; AND
   21    (B) THREE PERCENT OF GROSS RECEIPTS FROM BROADCASTING RIGHTS INCLUDING
   22  DIGITAL  STREAMING OVER THE INTERNET, EXCEPT THAT IN NO EVENT SHALL SUCH
   23  TAX IMPOSED ON GROSS RECEIPTS  FROM  BROADCASTING  RIGHTS  EXCEED  FIFTY
   24  THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
   25    S  4.    The article heading of article 19 of the tax law, as added by
   26  chapter 833 of the laws of 1987, is amended to read as follows:
   27           [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
   28                                 SPORTS TAX
   29    S 5. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
   30  amended by section 100 of part A of chapter 389 of the laws of 1997,  is
   31  amended to read as follows:
   32    (1)  Any  admission charge where such admission charge is in excess of
   33  ten cents to or for the use of any place  of  amusement  in  the  state,
   34  except  charges for admission to race tracks, [boxing, sparring or wres-
   35  tling matches or exhibitions] OR  COMBATIVE  SPORTS  which  charges  are
   36  taxed  under  any  other  law of this state, or dramatic or musical arts
   37  performances, or live circus performances, or motion  picture  theaters,
   38  and  except  charges to a patron for admission to, or use of, facilities
   39  for sporting activities in which such patron is  to  be  a  participant,
   40  such  as  bowling  alleys  and swimming pools. For any person having the
   41  permanent use or possession of a box or seat or a lease  or  a  license,
   42  other  than  a season ticket, for the use of a box or seat at a place of
   43  amusement, the tax shall be upon the amount for which a similar  box  or
   44  seat is sold for each performance or exhibition at which the box or seat
   45  is used or reserved by the holder, licensee or lessee, and shall be paid
   46  by the holder, licensee or lessee.
   47    S  6.   The section heading of section 1820 of the tax law, as amended
   48  by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
   49  2009, is amended to read as follows:
   50    [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
   51    S 7.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
   52  beverage  control  law,  as added by chapter 254 of the laws of 2001, is
   53  amended to read as follows:
   54    (b) The prohibition contained in paragraph (a)  of  this  subdivision,
   55  however,  shall  not be applied to any [professional match or exhibition
   56  which consists of boxing, sparring, wrestling, or martial arts and which
       A. 2604--A                         16

    1  is excepted from the definition of the term "combative sport"  contained
    2  in  subdivision  one of section five-a of chapter nine hundred twelve of
    3  the laws of nineteen hundred twenty, as added by chapter fourteen of the
    4  laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.
    5    S 8. The department of state, with the assistance of the state athlet-
    6  ic  commission, medical advisory board, departments of health and finan-
    7  cial services, state insurance fund, division of budget and  such  other
    8  state  entities as appropriate, shall carefully consider potential mech-
    9  anisms to provide  financial  resources  for  the  payment  of  expenses
   10  related  to  medical  and rehabilitative care for professionals licensed
   11  under article forty-one of  the  general  business  law  who  experience
   12  debilitating  brain  injuries  associated  with repetitive head injuries
   13  sustained through their participation in combative sports.  The  depart-
   14  ment  of  state may consult and contract with third parties for services
   15  in the course of this review. The department of state shall  report  its
   16  findings and recommendations to the governor, temporary president of the
   17  senate  and speaker of the assembly within eighteen months of the effec-
   18  tive date of this section.
   19    S 9. This act shall take effect on the first day of  the  first  month
   20  next succeeding the one hundred eightieth day after it shall have become
   21  a law and shall apply to gross receipts from combative sports held on or
   22  after  that date; provided, however, that the addition, amendment and/or
   23  repeal of any rule or regulation of the state athletic commission neces-
   24  sary for the implementation of this act on its effective date is author-
   25  ized to be made on or before such effective date.

 

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Eric Kowal

Eric Kowal

Owner/Editor/Journalist at MyMMANews
Founder of MyMMANews.com - After writing for Ultimate MMA magazine and serving as the editor for U.S. Combat Sports, both of which went on hiatus, I decided to venture out on my own and enlist a staff of writers and photographers that could help me achieve my goal of telling stories that would otherwise go untold. We pride ourselves in taking a deeper look into the fighter, and understanding what makes them tick. - #1 Dad, Marine Corps Veteran, 80's and 90's Pro Wrestling Fan, MMA Commentator, Beer Lover, and avid movie watcher. Seriously..... I watch a lot of movies.

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