Bill Text: NY A02604 | 2015-2016 | General Assembly | Amended
Bill Title: Establishes protocols for combative sports; authorizes mixed martial arts events in this state; establishes procedures for applications for licenses; establishes penalties for violations; imposes taxes on gross receipts of such events.
Spectrum: Slight Partisan Bill (Democrat 54-19)
Status: (Introduced - Dead) 2016-03-22 - substituted by s5949a [A02604 Detail]
Download: New_York-2015-A02604-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2604--C 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 -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, 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; and to repeal chapter 912 of the laws of 1920, relating to the regulation of boxing, sparring, and wrestling THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Chapter 912 of the laws of 1920 relating to the regulation 2 of boxing, sparring, and wrestling is REPEALED. 3 S 2. Article 40 and sections 900 and 901 of the general business law, 4 as renumbered by chapter 407 of the laws of 1973, are renumbered article 5 43 and sections 1200 and 1201, respectively, and a new article 41 is 6 added to read as follows: 7 ARTICLE 41 8 COMBATIVE SPORTS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05199-07-5 A. 2604--C 2 1 SECTION 1000. DEFINITIONS. 2 1001. COMBATIVE SPORTS AUTHORIZED. 3 1002. COMBATIVE SPORTS PROHIBITED. 4 1003. STATE ATHLETIC COMMISSION. 5 1004. JURISDICTION OF THE COMMISSION. 6 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. 7 1006. SANCTIONING ENTITIES. 8 1007. LICENSES; GENERAL PROVISIONS. 9 1008. LICENSES; JUDGES. 10 1009. LICENSES; ENTITIES. 11 1010. LICENSES; PROFESSIONALS. 12 1011. TEMPORARY WORKING PERMITS. 13 1012. TEMPORARY TRAINING FACILITIES. 14 1013. MEDICAL ADVISORY BOARD. 15 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 16 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 17 1016. REQUIRED FILINGS. 18 1017. PROFESSIONAL WRESTLING; PROMOTERS. 19 1018. PROHIBITED CONDUCT. 20 1019. PENALTIES. 21 1020. SUBPOENAS BY COMMISSION; OATHS. 22 1021. EXCEPTIONS. 23 1022. DISPOSITION OF RECEIPTS. 24 S 1000. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY 25 PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO 26 IS NOT RECEIVING OR COMPETING FOR, AND WHO HAS NEVER RECEIVED OR 27 COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF 28 VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED 29 BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION. 30 2. "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE 31 AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY THE 32 COMMISSION. 33 3. "COMBATIVE SPORT" MEANS ANY UNARMED BOUT, CONTEST, COMPETITION, 34 MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN AUDIENCE, WHEREIN THE 35 PARTICIPANTS PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND 36 TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF ANOTHER PARTIC- 37 IPANT, AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV- 38 ITIES. 39 4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN 40 SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR EMPLOYEE OF 41 THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF. 42 5. "MIXED MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF 43 ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT- 44 ING DISCIPLINE. 45 6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE SPORT AUTHOR- 46 IZED PURSUANT TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING 47 OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR, ANY PURSE, 48 MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING EXCEEDING SEVENTY-FIVE 49 DOLLARS IN VALUE. 50 S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED UNDER 51 THE SUPERVISION OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR- 52 IZED SANCTIONING ENTITY, OR AS PROVIDED FOR IN SECTION ONE THOUSAND 53 TWENTY-ONE OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE 54 SPORTS INCLUDE, AMATEUR AND PROFESSIONAL BOXING, WRESTLING, SPARRING, 55 KICK BOXING, SINGLE DISCIPLINE MARTIAL ARTS AND MIXED MARTIAL ARTS, 56 PURSUANT TO THE PROVISIONS OF THIS ARTICLE. A. 2604--C 3 1 S 1002. COMBATIVE SPORTS PROHIBITED. 1. THE CONDUCT OF COMBATIVE 2 SPORTS OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC- 3 TIONING ENTITY IS PROHIBITED. 4 2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, ACTING OTHER 5 THAN AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS 6 ANY UNAUTHORIZED COMBATIVE SPORT. SUCH CONDUCT INCLUDES BUT IS NOT 7 LIMITED TO CONDUCT DIRECTED TOWARD THE CREATION, ESTABLISHMENT OR 8 PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE ACQUISITION OR 9 MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR, 10 TOWARD THE SOLICITATION OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC- 11 IPATE THEREIN, TOWARD THE ACTUAL CONDUCT OF THE PERFORMANCE THEREOF, 12 TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR 13 TOWARD ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT. ONE ADVANCES A 14 PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER 15 AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE 16 FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH TO 17 OCCUR OR CONTINUE OR MAKES NO EFFORT TO PREVENT ITS OCCURRENCE OR 18 CONTINUATION. 19 3. A PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE 20 ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT TO PARTICIPATE 21 IN THE PROCEEDS OF A PROHIBITED COMBATIVE SPORT, OR PURSUANT TO AN 22 AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY HE OR SHE PARTIC- 23 IPATES OR IS TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE 24 SPORT. 25 S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE ATHLETIC COMMISSION, 26 AS NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED 27 TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF NINETEEN 28 HUNDRED EIGHTY-ONE, IS CONTINUED AS A DIVISION OF THE DEPARTMENT OF 29 STATE. THE COMMISSION SHALL ACT IN THE BEST INTERESTS OF COMBATIVE 30 SPORTS. THE COMMISSION IS ENACTED TO PROTECT THE HEALTH, SAFETY AND 31 GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS AND SPECTATORS 32 THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS 33 OF LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION- 34 ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE CONDUCT 35 OF COMBATIVE SPORTS THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL 36 CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND 37 WITH THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE 38 ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION. THE MEMBERS OF THE 39 COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY VACANCY IN 40 THE MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF 41 TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE MEMBER IN 42 WHOSE POSITION THE VACANCY OCCURS. 43 2. THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL- 44 ING AND OTHER EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR 45 OFFICIAL DUTIES. THE MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR 46 THE COMMISSION, AND MAKE SUCH RULES FOR THE ADMINISTRATION OF THEIR 47 OFFICE, NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY 48 MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION 49 SHALL CONSTITUTE A QUORUM TO DO BUSINESS; AND THE CONCURRENCE OF A 50 MAJORITY OF THE COMMISSIONERS PRESENT SHALL BE NECESSARY TO RENDER A 51 DETERMINATION BY THE COMMISSION. THE COMMISSION IS VESTED WITH THE 52 AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE 53 THE PROVISIONS OF THIS ARTICLE. 54 S 1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND 55 IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS- 56 DICTION OVER: 1. ALL AUTHORIZED COMBATIVE SPORTS; A. 2604--C 4 1 2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO ANY AND ALL 2 PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS; 3 3. ALL DETERMINATIONS REGARDING THE AUTHORIZATION OF AMATEUR AND 4 PROFESSIONAL SANCTIONING ENTITIES; 5 4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT MAIN- 6 TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR- 7 IZED PROFESSIONAL COMBATIVE SPORTS; 8 5. THE PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT 9 PROVIDED FOR IN THIS ARTICLE; AND 10 6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES- 11 SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK. 12 7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL. 13 S 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. THE SECRETARY OF 14 STATE MAY APPOINT, AND AT HIS OR HER PLEASURE REMOVE, AN EXECUTIVE 15 DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH OTHER 16 EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI- 17 CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR. 18 S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU- 19 LATIONS ESTABLISHING A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND 20 APPROVED BY THE COMMISSION AS AUTHORIZED SANCTIONING ENTITIES FOR A 21 PERIOD OF TIME TO BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE 22 ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS WITHIN 23 THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION, 24 LIMIT THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY 25 TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES, 26 AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION OF THE 27 FOREGOING BASED ON THE QUALIFICATIONS, INTEGRITY AND HISTORY OF THE 28 ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY. 29 2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO: 30 (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE; 31 (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN COMBATIVE SPORTS TO 32 USE HAND, FOOT AND GROIN PROTECTION; 33 (C) WHETHER THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES 34 THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT WHEN ANY PARTICIPANT 35 HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS- 36 ICAL INJURY; AND 37 (D) WHETHER THE ENTITY HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE 38 APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS. 39 S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE PROVIDED 40 IN SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN, AND ONE THOUSAND 41 SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL AUTHORIZED PROFESSIONAL 42 COMBATIVE SPORTS IN THIS STATE, ALL CORPORATIONS, ENTITIES, PERSONS, 43 REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS, PROFESSIONALS, AND THEIR 44 MANAGERS, TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO 45 SUCH CORPORATION, ENTITY OR PERSON SHALL BE PERMITTED TO PARTICIPATE, 46 EITHER DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE 47 SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY 48 PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR 49 THE USE OF PROFESSIONAL BOXERS OR PROFESSIONAL MIXED MARTIAL ARTS 50 PARTICIPANTS, UNLESS SUCH CORPORATION OR PERSONS SHALL HAVE FIRST 51 PROCURED A LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH 52 BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES. 53 2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A FORM PRESCRIBED BY 54 THE COMMISSION, SHALL BE ADDRESSED TO THE COMMISSION, SHALL BE 55 SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER AS TRUE UNDER 56 THE PENALTIES OF PERJURY, AND SHALL SET FORTH SUCH FACTS AS THE A. 2604--C 5 1 PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY 2 REQUIRE. 3 3. (A) THE COMMISSION SHALL ESTABLISH REASONABLE FEES, TERMS AND 4 RENEWAL TERMS FOR LICENSES, PERMITS AND OTHER AUTHORIZATIONS ISSUED 5 PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL 6 TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE 7 LAWS OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO, 8 IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL REMAIN FIXED 9 AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT 10 OF THIS ARTICLE. THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE 11 AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE 12 COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL OF 13 THE DIRECTOR OF THE BUDGET. 14 (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO 15 PARAGRAPH (A) OF THIS SUBDIVISION, WHEN SUCH FEES ARE PAYABLE IN 16 RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS, 17 THE FOLLOWING SHALL APPLY: 18 (I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS NOT 19 MORE THAN TWO THOUSAND FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE 20 THAN FIVE HUNDRED DOLLARS; 21 (II) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS 22 GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND, 23 THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS; 24 (III) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS 25 GREATER THAN FIVE THOUSAND, BUT NOT MORE THAN FIFTEEN THOUSAND, THE 26 PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS; 27 (IV) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS 28 GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN TWENTY-FIVE THOUSAND, 29 THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; 30 (V) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS 31 GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN 32 THREE THOUSAND DOLLARS; 33 (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS; 34 (VII) FOR PROFESSIONAL PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE 35 THAN FIFTY DOLLARS; AND 36 (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS. 37 4. ANY LICENSE, TEMPORARY WORK PERMIT OR OTHER AUTHORIZATION ISSUED 38 UNDER THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE 39 COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE 40 JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE 41 OR ORDER OF THE COMMISSION, DEMONSTRATED CONDUCT DETRIMENTAL TO THE 42 INTERESTS OF AUTHORIZED COMBATIVE SPORTS GENERALLY OR TO THE PUBLIC 43 INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF 44 THE HEALTH AND SAFETY OF THE LICENSEE. 45 (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN A 46 COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION 47 PHYSICIAN, BE SUSPENDED BY THE COMMISSION, FOR A PERIOD DETERMINED BY 48 THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO THE COMMISSION 49 DURING SUCH PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE 50 UNTIL HE OR SHE HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR 51 REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN 52 HIS OR HER LICENSE BY A COMMISSION OFFICIAL. 53 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF ANY OTHER STATE 54 SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT 55 STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO SUCH 56 LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE. A. 2604--C 6 1 S 1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 2 ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY A 3 PERSON LICENSED BY THE COMMISSION, AS A COMBATIVE SPORTS JUDGE, MAY 4 JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG- 5 ES FOR ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC- 6 TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM A LIST 7 OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION. 8 2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER 9 MANAGER MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A CONTEST AND THE 10 PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF 11 SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY 12 REJECTED. 13 3. EACH PERSON SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION 14 SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION 15 AND ANNUALLY THEREAFTER ON THE ANNIVERSARY OF THE ISSUANCE OF THE 16 LICENSE. THE COMMISSION SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS 17 AND REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE 18 CERTIFIED AS HAVING COMPLETED A TRAINING PROGRAM AS APPROVED BY THE 19 COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION. 20 4. EACH PERSON SEEKING A LICENSE TO JUDGE AUTHORIZED PROFESSIONAL 21 COMBATIVE SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL 22 QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE 23 JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE 24 COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED 25 BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR 26 POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS, 27 INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS OF ANY 28 MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH THE 29 COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS 30 SHALL BE ACCEPTABLE TO THE COMMISSION. 31 S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT AS OTHERWISE PROVIDED IN 32 SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, 33 ONLY ENTITIES LICENSED BY THE COMMISSION MAY CONDUCT AN AUTHORIZED 34 PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. THE COMMISSION MAY, IN 35 ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR HOLD AUTHORIZED PROFES- 36 SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON 37 OR CORPORATION DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR- 38 IZED, UNDER THE LAWS OF THE STATE OF NEW YORK. 39 (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT 40 CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH 41 SUCH COMBATIVE SPORT IS TO BE HELD. 42 (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT TO ANY ENTITY 43 HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLDING SUCH A 44 MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER 45 LOCATION, THAN THE PREMISES OR LOCATION PREVIOUSLY APPROVED BY THE 46 COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES 47 AND REGULATIONS OF THE COMMISSION. 48 2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND IN ACCORDANCE WITH 49 REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY 50 OF PROFESSIONALS IN TRAINING, ISSUE A LICENSE TO OPERATE A TRAINING 51 FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN 52 PART FOR THE USE OF PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS. AT A 53 MINIMUM, ANY SUCH REGULATION SHALL REQUIRE: 54 (I) FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON THE 55 PREMISES AND FOR THE PRESENCE ON THE PREMISES OF A PERSON TRAINED AND 56 CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR CARDIO-PULMO- A. 2604--C 7 1 NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY IS OPEN FOR 2 TRAINING PURPOSES; 3 (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS; 4 (III) ADEQUATE VENTILATION AND LIGHTING OF ACCESSIBLE AREAS OF THE 5 TRAINING FACILITY; 6 (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING 7 IN TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE 8 FACILITY OPERATOR; 9 (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES; 10 (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR COMBA- 11 TIVE SPORTS WILL BE HELD; AND 12 (VII) ESTABLISHMENT OF A POLICY FOR POSTING ALL COMMISSION LICENSE 13 SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD- 14 ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY 15 THE FACILITY OPERATOR. 16 (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF 17 THAT IT CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS TO BE 18 CONDUCTED, INCLUDING THE MAKING OF SUCH TRAINING FACILITIES AVAILABLE 19 FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN 20 PROGRESS. 21 S 1010. LICENSES; PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN 22 SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE THOUSAND SEVEN- 23 TEEN OF THIS ARTICLE, ONLY PERSONS LICENSED BY THE COMMISSION SHALL 24 COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 25 2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE TO 26 PARTICIPATE IN COMBATIVE SPORTS UNDER THIS ARTICLE SHALL UNDERGO A 27 COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM- 28 INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION. IF, AT THE TIME OF 29 SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY 30 OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL SHALL 31 BE REQUIRED TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO- 32 GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY EQUIVALENT 33 PROCEDURES. THE COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL 34 UNTIL SUCH EXAMINATIONS ARE COMPLETED AND REVIEWED BY THE COMMISSION. 35 THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART 36 OF THE PROFESSIONAL'S PERMANENT MEDICAL RECORD AS MAINTAINED BY THE 37 COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS FOR PROFESSIONAL BOXERS 38 SHALL BE ASSUMED BY THE STATE IF SUCH EXAMINATIONS ARE PERFORMED BY A 39 PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION; THE COSTS OF ALL 40 SUCH EXAMINATIONS FOR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS SHALL 41 BE ASSUMED BY THE APPLICANT OR PROMOTER WITH WHICH THE PROFESSIONAL 42 MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER. 43 3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A CONDITION 44 OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING 45 TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL- 46 ITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS 47 OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL 48 EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED CONFIDEN- 49 TIAL, AND SHALL BE OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS 50 AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER UPON 51 WRITTEN APPLICATION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A 52 COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE. 53 S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE TEMPORARY 54 WORKING PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS. 55 A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER 56 OF SUCH PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE A. 2604--C 8 1 SPORT AT A SPECIFIED TIME AND PLACE. THE COMMISSION MAY REQUIRE THAT 2 PROFESSIONALS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL 3 EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO- 4 NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. TEMPORARY WORKING 5 PERMITS SHALL EXPIRE UPON THE COMPLETION OF THE SINGLE AUTHORIZED 6 PROFESSIONAL COMBATIVE SPORT AND ANY SUBSEQUENT EVALUATIONS OR 7 INSPECTIONS REQUIRED BY THE COMMISSION. THE FEE FOR SUCH TEMPORARY 8 WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE. 9 S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS JUDGMENT 10 MAY EXEMPT FROM LICENSING UNDER THIS ARTICLE ANY TRAINING FACILITY 11 PROVIDING CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY 12 BASIS FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR- 13 IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF 14 NEW YORK. 15 S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED 16 PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED 17 TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT 18 INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS- 19 SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR. 20 THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE 21 ADVISORY BOARD. THE TERM OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO 22 FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF 23 HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON 24 OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR 25 OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING 26 OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY 27 THE GOVERNOR FOR THE REMAINDER ONLY OF THE TERM. EACH MEMBER OF THE 28 ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE 29 OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST 30 FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS OR HER PROFESSION. THE 31 MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE 32 FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND 33 SHALL BE ALLOWED AND PAID NECESSARY TRAVELING AND OTHER EXPENSES 34 INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE- 35 UNDER. 36 2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE 37 BOARD TO PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL REGULATIONS 38 AND STANDARDS FOR THE PHYSICAL EXAMINATION OF PROFESSIONALS INCLUDING, 39 WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC 40 COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL CONTINUE TO SERVE IN AN 41 ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO TIME PREPARE AND 42 SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND 43 STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS- 44 ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY 45 BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED 46 PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE 47 PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER 48 SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS, 49 IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION 50 WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN- 51 TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO: 52 (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND 53 (B) IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO 54 PROFESSIONALS. 55 3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND APPROPRIATE MEDICAL 56 EDUCATION PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT A. 2604--C 9 1 OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE AND 2 ACT UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN 3 A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH. 4 4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE OF 5 EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS. 6 5. THE ADVISORY BOARD SHALL ADVISE THE COMMISSION ON ANY STUDY OF 7 EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE 8 THE SAFETY OF PROFESSIONALS. 9 S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. THE 10 COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR- 11 IZED PROFESSIONAL COMBATIVE SPORTS THAT: 12 1. ESTABLISH PARAMETERS AND LIMITATIONS ON WEIGHTS AND CLASSES OF 13 PROFESSIONALS; 14 2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF 15 ROUNDS; 16 3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT, 17 MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER- 18 GENCY MEDICAL PLAN; 19 4. ESTABLISH RESPONSIBILITIES OF ALL LICENSEES BEFORE, DURING AND 20 AFTER AN EVENT; 21 5. DEFINE UNSPORTSMANLIKE PRACTICES; 22 6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION 23 OR PURSE, OR ANY PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS, 24 THEIR MANAGERS AND SECONDS; 25 7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP- 26 MENT ITEMS UTILIZED BY PROFESSIONALS; 27 8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND 28 APPURTENANCES THERETO; AND 29 9. ESTABLISH SUCH OTHER RULES AND CONDITIONS AS ARE NECESSARY TO 30 EFFECTUATE THE COMMISSION'S PURPOSE. 31 S 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1. ALL 32 BUILDINGS OR STRUCTURES USED OR INTENDED TO BE USED FOR CONDUCTING 33 AUTHORIZED PROFESSIONAL COMBATIVE SPORTS SHALL BE PROPERLY VENTILATED 34 AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM 35 TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS IN THE 36 CITY, TOWN OR VILLAGE WHERE SITUATED. 37 2. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY 38 AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO PERSON UNDER SIXTEEN 39 YEARS OF AGE SHALL BE PERMITTED TO ATTEND THEREAT AS A SPECTATOR, 40 PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT- 41 TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN. 42 3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE 43 THOUSAND SEVENTEEN OF THIS ARTICLE, AT EACH AUTHORIZED PROFESSIONAL 44 COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES, 45 THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT 46 AND CONTROL THE SAME. THERE SHALL ALSO BE IN ATTENDANCE, EXCEPT WHERE 47 CONDUCTED SOLELY FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO 48 SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE 49 SPORT RENDER THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD- 50 ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION. 51 4. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE 52 THOUSAND SEVENTEEN OF THIS ARTICLE, THE COMMISSION SHALL DIRECT AN 53 EMPLOYEE OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED 54 PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED. SUCH EMPLOYEE OF THE 55 COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR- 56 IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE SAME A. 2604--C 10 1 IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. WHERE AUTHORIZED 2 PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY 3 OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST 4 BE COMPLIED WITH. 5 5. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE 6 THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE MUST BE 7 INSPECTED AND APPROVED BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF 8 ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT. 9 6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE 10 THOUSAND SEVENTEEN OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED 11 BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING OR 12 COMBAT SURFACE AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE 13 COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH 14 EXAMINATION, AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE 15 COMMISSION, SHALL BE PAID BY THE CORPORATION CONDUCTING THE AUTHORIZED 16 PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY OF 17 EVERY PERSON OR CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES- 18 SIONAL COMBATIVE SPORT, TO HAVE IN ATTENDANCE AT EVERY AUTHORIZED 19 PROFESSIONAL COMBATIVE SPORT, AT LEAST ONE PHYSICIAN DESIGNATED BY THE 20 COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A 21 SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH 22 ATTENDANCE. 23 7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE 24 SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS RECEIVED 25 SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE 26 EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMMEDIATELY 27 RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR 28 HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE 29 COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER- 30 EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT THE INJURED PROFESSIONAL 31 AND HIS OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT 32 TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI- 33 CIAN DEEMS ADVISABLE. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE 34 RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA AS DETERMINED BY THE 35 ATTENDING PHYSICIAN SHALL BE IMMEDIATELY EXAMINED BY THE ATTENDING 36 COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM- 37 INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO- 38 NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. 39 8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED 40 PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF IN HIS OR 41 HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI- 42 OUS PHYSICAL INJURY TO A PROFESSIONAL. 43 9. BEFORE A LICENSE SHALL BE GRANTED TO A PERSON OR CORPORATION TO 44 CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT SHALL 45 EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE 46 DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY 47 OF SURETIES THEREON BY THE SECRETARY OF STATE, CONDITIONED FOR THE 48 FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI- 49 CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING 50 AND APPROVAL OF SAID BOND THE SECRETARY OF STATE SHALL ISSUE TO SAID 51 APPLICANT A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY 52 SAID APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA- 53 TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF- 54 ICATE SHALL BE FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE 55 COMMISSION MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT 56 MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED A. 2604--C 11 1 BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW 2 YORK IN THE SAME MANNER AS OTHER PENALTIES ARE RECOVERED BY LAW; ANY 3 AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY. 4 10. IN ADDITION TO THE BOND REQUIRED BY SUBDIVISION NINE OF THIS 5 SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN AUTHORIZED PROFES- 6 SIONAL COMBATIVE SPORT SHALL EXECUTE AND FILE WITH THE SECRETARY OF 7 STATE A BOND IN AN AMOUNT TO BE DETERMINED BY THE COMMISSION TO BE 8 APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY 9 OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS' 10 AND PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED 11 BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND 12 ALL ADVERTISING MATERIAL. 13 11. ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS 14 OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF 15 THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER 16 FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE 17 PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR- 18 ING IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS OR WRESTLING EXHIBI- 19 TIONS. SUCH ACCIDENT INSURANCE OR FINANCIAL GUARANTEE SHALL PROVIDE 20 COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND HOSPI- 21 TAL CARE, WITH A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES 22 SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL 23 OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO 24 THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY 25 INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN WHICH 26 SUCH LICENSED PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER 27 THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL, SURGI- 28 CAL AND HOSPITAL CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR 29 THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A PROGRAM 30 OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI- 31 ABLE, CAUSAL LINK EXISTS BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC- 32 IPATION IN SUCH PROGRAM AND THE LIFE-THREATENING BRAIN INJURY. WHERE 33 APPLICABLE, PROFESSIONAL LICENSEES SHALL BE AFFORDED THE OPTION TO 34 SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL GUARAN- 35 TEE TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS 36 SUBDIVISION. THE COMMISSION MAY FROM TIME TO TIME, PROMULGATE REGU- 37 LATIONS TO ADJUST THE AMOUNT OF SUCH MINIMUM LIMITS. THE FAILURE TO 38 PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE 39 FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING 40 ENTITY. 41 12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY 42 PROFESSIONAL OR AMATEUR COMBATIVE SPORT, INCLUDING ANY PROFESSIONAL 43 WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED OR 44 RECEIVED, SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN 45 ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO ANY 46 SUCH PROFESSIONAL OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING 47 MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED BY 48 THE STATE ATHLETIC COMMISSION TO PRINT SUCH TICKETS AND SHALL BEAR 49 CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME. 50 (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE, 51 EMPLOYEES OR OFFICERS OF THE COMMISSION SHALL ACT AS AGENTS OF THE 52 COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI- 53 CLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE 54 COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL 55 ASSISTANCE AS MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH 56 TAX. A. 2604--C 12 1 S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS 2 OR OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT 3 OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION 4 A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY STATING (A) ALL 5 CHARGES, EXPENSES, FEES, AND COSTS THAT WILL BE ASSESSED AGAINST ANY 6 PROFESSIONAL PARTICIPATING IN THE EVENT; (B) ALL PAYMENTS, BENEFITS, 7 COMPLIMENTARY BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE 8 FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF THE PROMOTER; (D) 9 SPONSOR OF THE EVENT; AND (E) ALL OTHER SOURCES, AND SUCH OTHER AND 10 ADDITIONAL INFORMATION AS REQUIRED BY THE COMMISSION. SUCH WRITTEN 11 STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS- 12 SION. 13 2. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN 14 THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS 15 FOR A CONTEST MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER 16 PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR 17 THROUGH THE PROMOTER ON THE PROFESSIONAL PERTAINING TO THE EVENT, 18 INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL 19 RECEIVE AND TRAINING EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE 20 PROMOTER IS PROVIDING TO ANY SANCTIONING ORGANIZATION AFFILIATED WITH 21 THE EVENT. SUCH WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER 22 ACCEPTABLE TO THE COMMISSION. 23 3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN 24 THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS 25 FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY AGREEMENT IN 26 WRITING TO WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC- 27 IPATING IN THE MATCH. 28 4. ALL CONTRACTS CALLING FOR THE SERVICES OF A PROFESSIONAL IN AN 29 AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND ENTERED INTO BY LICENSED 30 PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF THE PARTIES IN 31 SUCH CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO 32 DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY AUTHORIZED PROFESSIONAL 33 COMBATIVE SPORT OVER THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE 34 APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE FILED WITH THE 35 COMMISSION BY SUCH CORPORATION, PROFESSIONAL OR MANAGER WITHIN 36 FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST TEN 37 BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS, 38 TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE FOR 39 GOOD CAUSE SHOWN. 40 S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS 41 ARTICLE, "PROFESSIONAL WRESTLING" SHALL MEAN AN ACTIVITY IN WHICH 42 PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF PROVID- 43 ING ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE 44 ATHLETIC CONTEST OR COMPETITION. 45 2. EVERY PERSON, PARTNERSHIP OR CORPORATION PROMOTING ONE OR MORE 46 PROFESSIONAL WRESTLING EXHIBITIONS IN THIS STATE SHALL BE REQUIRED TO 47 OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS 48 SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE COMMISSION PURSUANT 49 TO RULE AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE. 50 EACH APPLICANT SHALL PAY AN ANNUAL FEE ESTABLISHED BY THE COMMISSION 51 PURSUANT TO RULE. 52 3. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE 53 STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE 54 OF THE HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND 55 FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU- 56 SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER- A. 2604--C 13 1 EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF 2 PROFESSIONAL WRESTLER'S PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY 3 THE COMMISSION, THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL 4 ADVERTISING MATERIAL, PAYMENTS TO SPONSORING ORGANIZATIONS, AND THE 5 APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX. 6 4. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION SHALL 7 PROVIDE FOR A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND 8 SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR TO EACH PERFORMANCE, 9 AND EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD- 10 ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION. 11 5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES SIX 12 OR MORE EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE 13 AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A WRITTEN COPY OF THE 14 PLAN. EACH SUCH PLAN SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE 15 DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN 16 SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING: 17 (A) DISSEMINATION OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS 18 WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS 19 AND AVAILABLE REHABILITATION SERVICES; AND 20 (B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO 21 OBTAIN REHABILITATION SERVICES. 22 S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE, 23 EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL 24 BOXER COMPETING ON PREMISES OWNED OR LEASED BY THE CORPORATION OR 25 PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED 26 EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION. 27 2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE 28 PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE 29 COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS 30 OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR. 31 3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY 32 PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR 33 SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR 34 COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF 35 HIS OR HER LICENSE BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL 36 REMEDIES. 37 4. NO LICENSED PROMOTER OR MATCHMAKER SHALL KNOWINGLY ENGAGE IN A 38 COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED WHERE ONE PROFESSIONAL 39 HAS SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES- 40 SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO 41 THE PROFESSIONAL. 42 S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM 43 A PROHIBITED COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR, 44 AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN CONVICTED 45 IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION. 46 2. ANY PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM A PROHIBITED 47 COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED 48 FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN 49 DERIVED THEREFROM WHICHEVER IS GREATER, OR FOR A SUBSEQUENT VIOLATION 50 TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THERE- 51 FROM WHICHEVER IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO 52 COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES AND TO OBTAIN 53 INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION. 54 3. ANY PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY 55 COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR 56 HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN A. 2604--C 14 1 THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY PERSON WHO PARTIC- 2 IPATES IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP- 3 ER, PROFESSIONAL, MANAGER, TRAINER, OR SECOND WITHOUT FIRST HAVING 4 PROCURED AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE 5 SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF 6 A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR CORPORATION WHO PROMOTES A 7 PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE STATE WITHOUT FIRST 8 HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE 9 THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR. 10 4. ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR 11 OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS ARTICLE, THAT SHALL 12 KNOWINGLY VIOLATE ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION 13 OF THIS ARTICLE, IN ADDITION TO ANY OTHER PENALTY BY LAW PRESCRIBED, 14 SHALL BE LIABLE TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS 15 FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR 16 THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION, 17 TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE 18 STATE OF NEW YORK IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR 19 CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY 20 COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY AS IMPOSED 21 IN SETTLEMENT THEREOF. FOR THE PURPOSES OF THIS SECTION, EACH TRANS- 22 ACTION OR STATUTORY VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE, 23 EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST 24 UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT 25 PROCEEDING. 26 5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED PURSU- 27 ANT TO SUBDIVISION TWO OF SECTION ONE THOUSAND NINE OF THIS ARTICLE, 28 WHICH INFRACTION MAY INCLUDE MORE THAN ONE INDIVIDUAL VIOLATION, THE 29 COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS 30 FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL- 31 ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED. ON THE 32 SECOND SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO 33 FIVE HUNDRED DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY 34 SUSPEND THE TRAINING FACILITY'S LICENSE UNTIL THE VIOLATION OR 35 VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT 36 INFRACTIONS, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO SEVEN 37 HUNDRED FIFTY DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY 38 REVOKE THE TRAINING FACILITY'S LICENSE. 39 6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING TO FULLY 40 COMPLY WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND 41 FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED 42 DOLLARS TO BE COLLECTED BY AND PAID TO THE DEPARTMENT OF STATE. ANY 43 INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM OPERAT- 44 ING ANY SHOWS OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS 45 SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINE- 46 TEEN OF THE TAX LAW HAVE BEEN PAID. 47 7. ALL PENALTIES IMPOSED AND COLLECTED BY THE COMMISSION FROM ANY 48 CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS OF 49 THIS ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER 50 AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER- 51 EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY. 52 S 1020. SUBPOENAS BY COMMISSION; OATHS. THE COMMISSION SHALL HAVE 53 AUTHORITY TO ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF 54 THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE OF WITNESSES BEFORE THE 55 COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY 56 THE CIVIL PRACTICE LAW AND RULES. A. 2604--C 15 1 S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS PROVIDED 2 IN SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE 3 SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING OR BOXING CONTEST OR 4 EXHIBITION CONDUCTED UNDER THE SUPERVISION OR THE CONTROL OF THE NEW 5 YORK STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS 6 ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION 7 WHERE THE CONTESTANTS ARE ALL AMATEURS, SPONSORED BY AND UNDER THE 8 SUPERVISION OF ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF 9 LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY 10 BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF PROVIDING INSTRUCTION 11 AND EVALUATION IN A COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF 12 HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR PARTICIPATION 13 IN AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO 14 ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE ALL AMATEURS 15 SPONSORED BY AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI- 16 ATION OR, IN THE CASE OF BOXING, THE U.S. AMATEUR BOXING FEDERATION OR 17 ITS LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS 18 TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE, TO ANY PROFESSIONAL 19 WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID- 20 UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS 21 OR EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE 22 STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT TO 23 THIS SECTION MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR 24 ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS. 25 S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION SHALL 26 BE PAID INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM 27 THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS 28 PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW. 29 S 3. Subdivision 1 of section 451 of the tax law, as amended by 30 section 1 of part F of chapter 407 of the laws of 1999, is amended to 31 read as follows: 32 1. "Gross receipts from ticket sales" shall mean the total gross 33 receipts of every person from the sale of tickets to any [professional 34 or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED 35 COMBATIVE SPORT held in this state, and without any deduction whatsoever 36 for commissions, brokerage, distribution fees, advertising or any other 37 expenses, charges and recoupments in respect thereto. 38 S 4. Section 451 of the tax law is amended by adding a new subdivision 39 4 to read as follows: 40 4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR- 41 IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW. 42 S 5. Section 452 of the tax law, as amended by section 2 of part F of 43 chapter 407 of the laws of 1999, is amended to read as follows: 44 S 452. Imposition of tax. 1. On and after October first, nineteen 45 hundred ninety-nine, a tax is hereby imposed and shall be paid upon the 46 gross receipts of every person holding any professional or amateur 47 boxing, sparring or wrestling match or exhibition in this state. Such 48 tax shall be imposed on such gross receipts, exclusive of any federal 49 taxes, as follows: 50 (a) three percent of gross receipts from ticket sales, except that in 51 no event shall the tax imposed by this [subdivision] PARAGRAPH exceed 52 fifty thousand dollars for any match or exhibition; 53 (b) three percent of gross receipts from broadcasting rights, except 54 that in no event shall the tax imposed by this [subdivision] PARAGRAPH 55 exceed fifty thousand dollars for any match or exhibition. A. 2604--C 16 1 2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE- 2 BY IMPOSED AND SHALL BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON 3 HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS STATE, OTHER THAN ANY 4 PROFESSIONAL OR AMATEUR BOXING, SPARRING OR WRESTLING EXHIBITION OR 5 MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS: 6 (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES; 7 AND 8 (B) THREE PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING 9 RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER THE INTER- 10 NET, EXCEPT THAT IN NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS 11 PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION. 12 S 6. The article heading of article 19 of the tax law, as added by 13 chapter 833 of the laws of 1987, is amended to read as follows: 14 [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE 15 SPORTS TAX 16 S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as 17 amended by section 100 of part A of chapter 389 of the laws of 1997, is 18 amended to read as follows: 19 (1) Any admission charge where such admission charge is in excess of 20 ten cents to or for the use of any place of amusement in the state, 21 except charges for admission to race tracks[, boxing, sparring or wres- 22 tling matches or exhibitions] OR COMBATIVE SPORTS which charges are 23 taxed under any other law of this state, or dramatic or musical arts 24 performances, or live circus performances, or motion picture theaters, 25 and except charges to a patron for admission to, or use of, facilities 26 for sporting activities in which such patron is to be a participant, 27 such as bowling alleys and swimming pools. For any person having the 28 permanent use or possession of a box or seat or a lease or a license, 29 other than a season ticket, for the use of a box or seat at a place of 30 amusement, the tax shall be upon the amount for which a similar box or 31 seat is sold for each performance or exhibition at which the box or seat 32 is used or reserved by the holder, licensee or lessee, and shall be paid 33 by the holder, licensee or lessee. 34 S 8. The section heading of section 1820 of the tax law, as amended 35 by section 32 of subpart I of part V-1 of chapter 57 of the laws of 36 2009, is amended to read as follows: 37 [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax. 38 S 9. Paragraph (b) of subdivision 6-c of section 106 of the alcoholic 39 beverage control law, as added by chapter 254 of the laws of 2001, is 40 amended to read as follows: 41 (b) The prohibition contained in paragraph (a) of this subdivision, 42 however, shall not be applied to any [professional match or exhibition 43 which consists of boxing, sparring, wrestling, or martial arts and which 44 is excepted from the definition of the term "combative sport" contained 45 in subdivision one of section five-a of chapter nine hundred twelve of 46 the laws of nineteen hundred twenty, as added by chapter fourteen of the 47 laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT. 48 S 10. The department of state, with the assistance of the state 49 athletic commission, medical advisory board, departments of health and 50 financial services, state insurance fund, division of budget and such 51 other state entities as appropriate, shall carefully consider potential 52 mechanisms to provide financial resources for the payment of expenses 53 related to medical and rehabilitative care for professionals licensed 54 under article forty-one of the general business law who experience 55 debilitating brain injuries associated with repetitive head injuries 56 sustained through their participation in combative sports. The depart- A. 2604--C 17 1 ment of state may consult and contract with third parties for services 2 in the course of this review. The department of state shall report its 3 findings and recommendations to the governor, temporary president of the 4 senate and speaker of the assembly within eighteen months of the effec- 5 tive date of this section. In addition to the foregoing, within twelve 6 months of the effective date of this section, the state athletic commis- 7 sion shall make any recommendations to the governor, temporary president 8 of the senate and speaker of the assembly regarding legislative changes 9 which may be necessary to effectuate the purpose and intent of this 10 chapter, including, but not limited to, appropriate adjustments to the 11 insurance requirements contained therein. 12 S 11. This act shall take effect on the first day of the first month 13 next succeeding the one hundred twentieth day after it shall have become 14 a law and shall apply to gross receipts from combative sports held on or 15 after that date; provided, however, that the addition, amendment and/or 16 repeal of any rule or regulation of the state athletic commission neces- 17 sary for the implementation of this act on its effective date is author- 18 ized to be made on or before such effective date.