S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5949
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 12, 2015
                                      ___________
       Introduced by Sens. GRIFFO, GOLDEN, PARKER, AVELLA, CROCI, FUNKE, KENNE-
         DY,  MARTINS,  MURPHY,  PANEPINTO,  RITCHIE  -- read twice and ordered
         printed, and when printed to be committed to the Committee on Rules
       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    2  of boxing, sparring, and wrestling is REPEALED.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
    9  SECTION 1000. DEFINITIONS.
   10          1001. COMBATIVE SPORTS AUTHORIZED.
   11          1002. COMBATIVE SPORTS PROHIBITED.
   12          1003. STATE ATHLETIC COMMISSION.
   13          1004. JURISDICTION OF THE COMMISSION.
   14          1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
   15          1006. SANCTIONING ENTITIES.
   16          1007. LICENSES; GENERAL PROVISIONS.
   17          1008. LICENSES; JUDGES.
   18          1009. LICENSES; ENTITIES.
   19          1010. LICENSES; PROFESSIONALS.
   20          1011. TEMPORARY WORKING PERMITS.
   21          1012. TEMPORARY TRAINING FACILITIES.
   22          1013. MEDICAL ADVISORY BOARD.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05199-06-5
       S. 5949                             2
    1          1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
    2          1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
    3          1016. REQUIRED FILINGS.
    4          1017. PROFESSIONAL WRESTLING; PROMOTERS.
    5          1018. PROHIBITED CONDUCT.
    6          1019. PENALTIES.
    7          1020. SUBPOENAS BY COMMISSION; OATHS.
    8          1021. EXCEPTIONS.
    9          1022. DISPOSITION OF RECEIPTS.
   10    S  1000.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
   11  PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO
   12  IS NOT RECEIVING OR  COMPETING  FOR,  AND  WHO  HAS  NEVER  RECEIVED  OR
   13  COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF
   14  VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED
   15  BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION.
   16    2.  "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
   17  AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY  THE
   18  COMMISSION.
   19    3.  "COMBATIVE  SPORT"  MEANS  ANY UNARMED BOUT, CONTEST, COMPETITION,
   20  MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN  AUDIENCE,  WHEREIN  THE
   21  PARTICIPANTS  PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
   22  TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF  ANOTHER  PARTIC-
   23  IPANT,  AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
   24  ITIES.
   25    4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
   26  SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR  EMPLOYEE  OF
   27  THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
   28    5.  "MIXED  MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF
   29  ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT-
   30  ING DISCIPLINE.
   31    6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE  SPORT  AUTHOR-
   32  IZED  PURSUANT  TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
   33  OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR,  ANY  PURSE,
   34  MONEY,  PRIZE,  PECUNIARY  GAIN,  OR  OTHER THING EXCEEDING SEVENTY-FIVE
   35  DOLLARS IN VALUE.
   36    S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED  UNDER
   37  THE  SUPERVISION  OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR-
   38  IZED SANCTIONING ENTITY, OR AS PROVIDED  FOR  IN  SECTION  ONE  THOUSAND
   39  TWENTY-ONE  OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE
   40  SPORTS INCLUDE, AMATEUR AND PROFESSIONAL  BOXING,  WRESTLING,  SPARRING,
   41  KICK  BOXING,  SINGLE  DISCIPLINE  MARTIAL  ARTS AND MIXED MARTIAL ARTS,
   42  PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   43    S 1002. COMBATIVE SPORTS  PROHIBITED.  1.  THE  CONDUCT  OF  COMBATIVE
   44  SPORTS  OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC-
   45  TIONING ENTITY IS PROHIBITED.
   46    2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN,  ACTING  OTHER
   47  THAN  AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS
   48  ANY UNAUTHORIZED COMBATIVE SPORT.  SUCH  CONDUCT  INCLUDES  BUT  IS  NOT
   49  LIMITED  TO  CONDUCT  DIRECTED  TOWARD  THE  CREATION,  ESTABLISHMENT OR
   50  PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE  ACQUISITION  OR
   51  MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,
   52  TOWARD  THE  SOLICITATION  OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC-
   53  IPATE THEREIN, TOWARD THE ACTUAL CONDUCT  OF  THE  PERFORMANCE  THEREOF,
   54  TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
   55  TOWARD  ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT.  ONE ADVANCES A
   56  PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER
       S. 5949                             3
    1  AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
    2  FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH  TO
    3  OCCUR  OR  CONTINUE  OR  MAKES  NO  EFFORT  TO PREVENT ITS OCCURRENCE OR
    4  CONTINUATION.
    5    3.  A  PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE
    6  ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT  TO  PARTICIPATE
    7  IN  THE  PROCEEDS  OF  A  PROHIBITED  COMBATIVE SPORT, OR PURSUANT TO AN
    8  AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY  HE  OR  SHE  PARTIC-
    9  IPATES  OR  IS  TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE
   10  SPORT.
   11    S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE  ATHLETIC  COMMISSION,
   12  AS  NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
   13  TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF  NINETEEN
   14  HUNDRED  EIGHTY-ONE,  IS  CONTINUED  AS  A DIVISION OF THE DEPARTMENT OF
   15  STATE. THE COMMISSION SHALL ACT  IN  THE  BEST  INTERESTS  OF  COMBATIVE
   16  SPORTS.  THE  COMMISSION  IS  ENACTED  TO PROTECT THE HEALTH, SAFETY AND
   17  GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS  AND  SPECTATORS
   18  THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS
   19  OF  LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION-
   20  ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE  CONDUCT
   21  OF  COMBATIVE  SPORTS  THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL
   22  CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE  GOVERNOR  BY  AND
   23  WITH  THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE
   24  ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION.  THE MEMBERS OF THE
   25  COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY  VACANCY  IN
   26  THE  MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF
   27  TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE  MEMBER  IN
   28  WHOSE POSITION THE VACANCY OCCURS.
   29    2.  THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL-
   30  ING AND OTHER EXPENSES INCURRED BY THEM  IN  THE  PERFORMANCE  OF  THEIR
   31  OFFICIAL  DUTIES.  THE  MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR
   32  THE COMMISSION, AND MAKE SUCH RULES  FOR  THE  ADMINISTRATION  OF  THEIR
   33  OFFICE,  NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY
   34  MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION
   35  SHALL CONSTITUTE A QUORUM TO DO  BUSINESS;  AND  THE  CONCURRENCE  OF  A
   36  MAJORITY  OF  THE  COMMISSIONERS  PRESENT SHALL BE NECESSARY TO RENDER A
   37  DETERMINATION BY THE COMMISSION.  THE  COMMISSION  IS  VESTED  WITH  THE
   38  AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE
   39  THE PROVISIONS OF THIS ARTICLE.
   40    S  1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND
   41  IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
   42  DICTION OVER:  1. ALL AUTHORIZED COMBATIVE SPORTS;
   43    2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO  ANY  AND  ALL
   44  PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
   45    3.  ALL  DETERMINATIONS  REGARDING  THE  AUTHORIZATION  OF AMATEUR AND
   46  PROFESSIONAL SANCTIONING ENTITIES;
   47    4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT  MAIN-
   48  TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
   49  IZED PROFESSIONAL COMBATIVE SPORTS;
   50    5.  THE  PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT
   51  PROVIDED FOR IN THIS ARTICLE; AND
   52    6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES-
   53  SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK.
   54    7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL.
   55    S 1005. OFFICERS AND EMPLOYEES OF THE  COMMISSION.  THE  SECRETARY  OF
   56  STATE  MAY  APPOINT,  AND  AT  HIS  OR HER PLEASURE REMOVE, AN EXECUTIVE
       S. 5949                             4
    1  DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH  OTHER
    2  EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
    3  CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
    4    S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
    5  LATIONS  ESTABLISHING  A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND
    6  APPROVED BY THE COMMISSION AS  AUTHORIZED  SANCTIONING  ENTITIES  FOR  A
    7  PERIOD  OF  TIME  TO  BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE
    8  ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT  COMBATIVE  SPORTS  WITHIN
    9  THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
   10  LIMIT  THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY
   11  TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
   12  AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION  OF  THE
   13  FOREGOING  BASED  ON  THE  QUALIFICATIONS,  INTEGRITY AND HISTORY OF THE
   14  ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
   15    2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
   16    (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
   17    (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN  COMBATIVE  SPORTS  TO
   18  USE HAND, FOOT AND GROIN PROTECTION;
   19    (C)  WHETHER  THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES
   20  THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT  WHEN  ANY  PARTICIPANT
   21  HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
   22  ICAL INJURY; AND
   23    (D)  WHETHER  THE  ENTITY  HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE
   24  APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
   25    S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE  PROVIDED
   26  IN  SECTIONS  ONE  THOUSAND  SIX,  ONE THOUSAND ELEVEN, AND ONE THOUSAND
   27  SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL  AUTHORIZED  PROFESSIONAL
   28  COMBATIVE  SPORTS  IN  THIS  STATE, ALL CORPORATIONS, ENTITIES, PERSONS,
   29  REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS,  PROFESSIONALS,  AND  THEIR
   30  MANAGERS,  TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO
   31  SUCH CORPORATION, ENTITY OR PERSON SHALL BE  PERMITTED  TO  PARTICIPATE,
   32  EITHER  DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE
   33  SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY
   34  PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART  FOR
   35  THE  USE  OF  PROFESSIONAL  BOXERS  OR  PROFESSIONAL  MIXED MARTIAL ARTS
   36  PARTICIPANTS, UNLESS  SUCH  CORPORATION  OR  PERSONS  SHALL  HAVE  FIRST
   37  PROCURED  A  LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH
   38  BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES.
   39    2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A  FORM  PRESCRIBED  BY
   40  THE   COMMISSION,  SHALL  BE  ADDRESSED  TO  THE  COMMISSION,  SHALL  BE
   41  SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER  AS  TRUE  UNDER
   42  THE  PENALTIES  OF  PERJURY,  AND  SHALL  SET  FORTH  SUCH  FACTS AS THE
   43  PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF  THE  COMMISSION  MAY
   44  REQUIRE.
   45    3.  (A)  THE  COMMISSION  SHALL  ESTABLISH  REASONABLE FEES, TERMS AND
   46  RENEWAL TERMS FOR LICENSES,  PERMITS  AND  OTHER  AUTHORIZATIONS  ISSUED
   47  PURSUANT  TO  THIS  ARTICLE,  PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL
   48  TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF  THE
   49  LAWS  OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO,
   50  IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL  REMAIN  FIXED
   51  AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT
   52  OF  THIS  ARTICLE.  THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE
   53  AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE
   54  COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL  OF
   55  THE DIRECTOR OF THE BUDGET.
       S. 5949                             5
    1    (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO
    2  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  WHEN  SUCH  FEES  ARE PAYABLE IN
    3  RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS,
    4  THE FOLLOWING SHALL APPLY:
    5    (I)  BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS NOT
    6  MORE THAN TWO THOUSAND FIVE HUNDRED, THE PROMOTER  SHALL  PAY  NOT  MORE
    7  THAN FIVE HUNDRED DOLLARS;
    8    (II)  BY  PROMOTERS,  FOR  CONTESTS HELD WHERE THE SEATING CAPACITY IS
    9  GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND,
   10  THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS;
   11    (III) BY PROMOTERS, FOR CONTESTS HELD WHERE THE  SEATING  CAPACITY  IS
   12  GREATER  THAN  FIVE  THOUSAND,  BUT  NOT MORE THAN FIFTEEN THOUSAND, THE
   13  PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS;
   14    (IV) BY PROMOTERS, FOR CONTESTS HELD WHERE  THE  SEATING  CAPACITY  IS
   15  GREATER  THAN  FIFTEEN THOUSAND, BUT NOT MORE THAN TWENTY-FIVE THOUSAND,
   16  THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS;
   17    (V) BY PROMOTERS, FOR CONTESTS HELD  WHERE  THE  SEATING  CAPACITY  IS
   18  GREATER  THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN
   19  THREE THOUSAND DOLLARS;
   20    (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS;
   21    (VII) FOR PROFESSIONAL PARTICIPANTS, MANAGERS AND  TRAINERS  NOT  MORE
   22  THAN FIFTY DOLLARS; AND
   23    (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS.
   24    4.  ANY  LICENSE,  TEMPORARY WORK PERMIT OR OTHER AUTHORIZATION ISSUED
   25  UNDER THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY  THE
   26  COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
   27  JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE
   28  OR  ORDER  OF  THE  COMMISSION,  DEMONSTRATED CONDUCT DETRIMENTAL TO THE
   29  INTERESTS OF AUTHORIZED COMBATIVE SPORTS  GENERALLY  OR  TO  THE  PUBLIC
   30  INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
   31  THE HEALTH AND SAFETY OF THE LICENSEE.
   32    (A)  ANY  LICENSEE  WHO SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN A
   33  COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
   34  PHYSICIAN, BE SUSPENDED BY THE COMMISSION, FOR A  PERIOD  DETERMINED  BY
   35  THE  COMMISSION,  AND SHALL FORFEIT HIS OR HER LICENSE TO THE COMMISSION
   36  DURING SUCH PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO  THE  LICENSEE
   37  UNTIL  HE  OR  SHE  HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR
   38  REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
   39  HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
   40    (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  IF  ANY  OTHER  STATE
   41  SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
   42  STATE,  THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO SUCH
   43  LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   44    S 1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN  SECTIONS
   45  ONE  THOUSAND  SIX  AND  ONE  THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY A
   46  PERSON LICENSED BY THE COMMISSION, AS  A  COMBATIVE  SPORTS  JUDGE,  MAY
   47  JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG-
   48  ES  FOR  ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC-
   49  TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM  A  LIST
   50  OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION.
   51    2.  ANY  PARTICIPANT  IN  A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER
   52  MANAGER MAY PROTEST THE ASSIGNMENT OF A  JUDGE  TO  A  CONTEST  AND  THE
   53  PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
   54  SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
   55  REJECTED.
       S. 5949                             6
    1    3.  EACH  PERSON  SEEKING  TO BE LICENSED AS A JUDGE BY THE COMMISSION
    2  SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF  AN  EYE  EXAMINATION
    3  AND  ANNUALLY  THEREAFTER  ON  THE  ANNIVERSARY  OF  THE ISSUANCE OF THE
    4  LICENSE. THE COMMISSION SHALL ESTABLISH  CONTINUING  EDUCATION  PROGRAMS
    5  AND  REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE
    6  CERTIFIED AS HAVING COMPLETED A TRAINING  PROGRAM  AS  APPROVED  BY  THE
    7  COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION.
    8    4.  EACH  PERSON  SEEKING  A  LICENSE TO JUDGE AUTHORIZED PROFESSIONAL
    9  COMBATIVE SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A  FINANCIAL
   10  QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
   11  JUDGE'S  FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE
   12  COMMISSION.  SUCH QUESTIONNAIRE SHALL BE IN A FORM AND  MANNER  APPROVED
   13  BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
   14  POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS,
   15  INCLUDING  FINANCIAL  RESPONSIBILITY.  WITHIN  FORTY-EIGHT  HOURS OF ANY
   16  MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH  THE
   17  COMMISSION  A  FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS
   18  SHALL BE ACCEPTABLE TO THE COMMISSION.
   19    S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT  AS  OTHERWISE  PROVIDED  IN
   20  SECTIONS  ONE  THOUSAND  SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE,
   21  ONLY ENTITIES LICENSED BY  THE  COMMISSION  MAY  CONDUCT  AN  AUTHORIZED
   22  PROFESSIONAL  COMBATIVE  SPORT  WITHIN THE STATE. THE COMMISSION MAY, IN
   23  ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR  HOLD  AUTHORIZED  PROFES-
   24  SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON
   25  OR  CORPORATION  DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR-
   26  IZED, UNDER THE LAWS OF THE STATE OF NEW YORK.
   27    (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
   28  CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
   29  SUCH COMBATIVE SPORT IS TO BE HELD.
   30    (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT  TO  ANY  ENTITY
   31  HOLDING  A  LICENSE  ISSUED  HEREUNDER,  THE PRIVILEGE OF HOLDING SUCH A
   32  MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
   33  LOCATION, THAN THE PREMISES  OR  LOCATION  PREVIOUSLY  APPROVED  BY  THE
   34  COMMISSION,  SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES
   35  AND REGULATIONS OF THE COMMISSION.
   36    2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND  IN  ACCORDANCE  WITH
   37  REGULATIONS  ADOPTED  BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY
   38  OF PROFESSIONALS IN TRAINING, ISSUE A  LICENSE  TO  OPERATE  A  TRAINING
   39  FACILITY  PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN
   40  PART FOR THE USE OF PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS.  AT  A
   41  MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
   42    (I)  FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON THE
   43  PREMISES AND FOR THE PRESENCE ON THE PREMISES OF A  PERSON  TRAINED  AND
   44  CERTIFIED  IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR CARDIO-PULMO-
   45  NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY  IS  OPEN  FOR
   46  TRAINING PURPOSES;
   47    (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
   48    (III)  ADEQUATE  VENTILATION  AND  LIGHTING OF ACCESSIBLE AREAS OF THE
   49  TRAINING FACILITY;
   50    (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION  OF  SMOKING
   51  IN  TRAINING  AREAS,  INCLUDING  PROVISIONS  FOR  ITS ENFORCEMENT BY THE
   52  FACILITY OPERATOR;
   53    (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
   54    (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR  COMBA-
   55  TIVE SPORTS WILL BE HELD; AND
       S. 5949                             7
    1    (VII)  ESTABLISHMENT  OF  A  POLICY FOR POSTING ALL COMMISSION LICENSE
    2  SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
    3  ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS  AND  REVOCATIONS  BY
    4  THE FACILITY OPERATOR.
    5    (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF
    6  THAT  IT  CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS TO BE
    7  CONDUCTED, INCLUDING THE MAKING OF SUCH  TRAINING  FACILITIES  AVAILABLE
    8  FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
    9  PROGRESS.
   10    S  1010.  LICENSES;  PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN
   11  SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE  THOUSAND  SEVEN-
   12  TEEN  OF  THIS  ARTICLE,  ONLY  PERSONS LICENSED BY THE COMMISSION SHALL
   13  COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
   14    2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE  TO
   15  PARTICIPATE  IN  COMBATIVE  SPORTS  UNDER  THIS  ARTICLE SHALL UNDERGO A
   16  COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
   17  INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION.  IF, AT THE TIME  OF
   18  SUCH  EXAMINATION,  THERE  IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY
   19  OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL  SHALL
   20  BE  REQUIRED  TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO-
   21  GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY  EQUIVALENT
   22  PROCEDURES.  THE  COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL
   23  UNTIL SUCH EXAMINATIONS ARE COMPLETED AND REVIEWED  BY  THE  COMMISSION.
   24  THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART
   25  OF  THE  PROFESSIONAL'S  PERMANENT  MEDICAL  RECORD AS MAINTAINED BY THE
   26  COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS FOR  PROFESSIONAL  BOXERS
   27  SHALL  BE  ASSUMED  BY THE STATE IF SUCH EXAMINATIONS ARE PERFORMED BY A
   28  PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION; THE  COSTS  OF  ALL
   29  SUCH EXAMINATIONS FOR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS SHALL
   30  BE  ASSUMED  BY  THE  APPLICANT  OR PROMOTER WITH WHICH THE PROFESSIONAL
   31  MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
   32    3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A  CONDITION
   33  OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
   34  TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
   35  ITY  TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS
   36  OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL
   37  EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED  CONFIDEN-
   38  TIAL,  AND  SHALL  BE  OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS
   39  AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER  UPON
   40  WRITTEN  APPLICATION  TO  EXAMINE  SAID  RECORDS, OR UPON THE ORDER OF A
   41  COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
   42    S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE  TEMPORARY
   43  WORKING  PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS.
   44  A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE  HOLDER
   45  OF  SUCH  PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE
   46  SPORT AT A SPECIFIED TIME AND PLACE. THE  COMMISSION  MAY  REQUIRE  THAT
   47  PROFESSIONALS  APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL
   48  EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-
   49  NANCE IMAGING  OR  MEDICALLY  EQUIVALENT  PROCEDURE.  TEMPORARY  WORKING
   50  PERMITS  SHALL  EXPIRE  UPON  THE  COMPLETION  OF  THE SINGLE AUTHORIZED
   51  PROFESSIONAL  COMBATIVE  SPORT  AND  ANY   SUBSEQUENT   EVALUATIONS   OR
   52  INSPECTIONS  REQUIRED  BY  THE  COMMISSION.   THE FEE FOR SUCH TEMPORARY
   53  WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.
   54    S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS  JUDGMENT
   55  MAY  EXEMPT  FROM  LICENSING  UNDER  THIS  ARTICLE ANY TRAINING FACILITY
   56  PROVIDING CONTACT SPARRING ESTABLISHED AND  MAINTAINED  ON  A  TEMPORARY
       S. 5949                             8
    1  BASIS  FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR-
    2  IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE  OF
    3  NEW YORK.
    4    S  1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED
    5  PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN  HUNDRED
    6  TWENTY,  AND  SUBSEQUENT  AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT
    7  INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE  ATHLETIC  COMMIS-
    8  SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR.
    9  THE  GOVERNOR  SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE
   10  ADVISORY BOARD. THE TERM OF A MEMBER  THEREAFTER  APPOINTED,  EXCEPT  TO
   11  FILL  A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF
   12  HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE  CHAIRPERSON
   13  OF  THE  ADVISORY  BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR
   14  OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A  VACANCY  OCCURRING
   15  OTHERWISE  THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY
   16  THE GOVERNOR FOR THE REMAINDER ONLY OF THE  TERM.  EACH  MEMBER  OF  THE
   17  ADVISORY  BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE
   18  OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST
   19  FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS  OR  HER  PROFESSION.  THE
   20  MEMBERS  OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE
   21  FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
   22  SHALL BE  ALLOWED  AND  PAID  NECESSARY  TRAVELING  AND  OTHER  EXPENSES
   23  INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
   24  UNDER.
   25    2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE
   26  BOARD  TO  PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL REGULATIONS
   27  AND STANDARDS FOR THE PHYSICAL EXAMINATION OF  PROFESSIONALS  INCLUDING,
   28  WITHOUT  LIMITATION,  PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC
   29  COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL  CONTINUE  TO  SERVE  IN  AN
   30  ADVISORY  CAPACITY  TO  THE COMMISSION AND FROM TIME TO TIME PREPARE AND
   31  SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL  REGULATIONS  AND
   32  STANDARDS  OF  EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS-
   33  ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION.  THE  ADVISORY
   34  BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
   35  PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
   36  PURPOSE  OF  CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER
   37  SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH  PHYSICIANS,
   38  IF  SO  EMPLOYED,  SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION
   39  WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF  SECTION  SEVEN-
   40  TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
   41    (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
   42    (B)  IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO
   43  PROFESSIONALS.
   44    3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND  APPROPRIATE  MEDICAL
   45  EDUCATION  PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT
   46  OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE  AND
   47  ACT  UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN
   48  A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.
   49    4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE  OF
   50  EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
   51    5.  THE  ADVISORY  BOARD  SHALL  ADVISE THE COMMISSION ON ANY STUDY OF
   52  EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
   53  THE SAFETY OF PROFESSIONALS.
   54    S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.    THE
   55  COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
   56  IZED PROFESSIONAL COMBATIVE SPORTS THAT:
       S. 5949                             9
    1    1.  ESTABLISH  PARAMETERS  AND  LIMITATIONS  ON WEIGHTS AND CLASSES OF
    2  PROFESSIONALS;
    3    2.  ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF
    4  ROUNDS;
    5    3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF  MEDICAL  EQUIPMENT,
    6  MEDICAL  PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER-
    7  GENCY MEDICAL PLAN;
    8    4. ESTABLISH RESPONSIBILITIES OF  ALL  LICENSEES  BEFORE,  DURING  AND
    9  AFTER AN EVENT;
   10    5. DEFINE UNSPORTSMANLIKE PRACTICES;
   11    6.  ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION
   12  OR PURSE, OR ANY PART THEREOF BASED ON  THE  CONDUCT  OF  PROFESSIONALS,
   13  THEIR MANAGERS AND SECONDS;
   14    7.  ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP-
   15  MENT ITEMS UTILIZED BY PROFESSIONALS;
   16    8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT  SURFACES  AND
   17  APPURTENANCES THERETO; AND
   18    9.  ESTABLISH  SUCH  OTHER  RULES  AND  CONDITIONS AS ARE NECESSARY TO
   19  EFFECTUATE THE COMMISSION'S PURPOSE.
   20    S 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1.    ALL
   21  BUILDINGS  OR  STRUCTURES  USED  OR  INTENDED  TO BE USED FOR CONDUCTING
   22  AUTHORIZED PROFESSIONAL COMBATIVE SPORTS SHALL  BE  PROPERLY  VENTILATED
   23  AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM
   24  TO  THE  LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS IN THE
   25  CITY, TOWN OR VILLAGE WHERE SITUATED.
   26    2. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN  ANY
   27  AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORTS, AND NO PERSON UNDER SIXTEEN
   28  YEARS OF AGE SHALL BE  PERMITTED  TO  ATTEND  THEREAT  AS  A  SPECTATOR,
   29  PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
   30  TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
   31    3.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
   32  THOUSAND SEVENTEEN OF THIS  ARTICLE,  AT  EACH  AUTHORIZED  PROFESSIONAL
   33  COMBATIVE  SPORT,  EXCEPT  WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES,
   34  THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE  WHO  SHALL  DIRECT
   35  AND  CONTROL  THE  SAME. THERE SHALL ALSO BE IN ATTENDANCE, EXCEPT WHERE
   36  CONDUCTED SOLELY FOR TRAINING PURPOSES, THREE DULY LICENSED  JUDGES  WHO
   37  SHALL  AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE
   38  SPORT RENDER THEIR DECISION. THE WINNER SHALL BE DETERMINED  IN  ACCORD-
   39  ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.
   40    4.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
   41  THOUSAND SEVENTEEN OF THIS  ARTICLE,  THE  COMMISSION  SHALL  DIRECT  AN
   42  EMPLOYEE  OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED
   43  PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED.  SUCH EMPLOYEE OF THE
   44  COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR-
   45  IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE  SAME
   46  IN  THE  MANNER AND FORM PRESCRIBED BY THE COMMISSION.  WHERE AUTHORIZED
   47  PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY
   48  OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO  MUST
   49  BE COMPLIED WITH.
   50    5.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
   51  THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE  MUST  BE
   52  INSPECTED  AND  APPROVED  BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF
   53  ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT.
   54    6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
   55  THOUSAND  SEVENTEEN  OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED
   56  BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING  OR
       S. 5949                            10
    1  COMBAT  SURFACE  AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE
    2  COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST  OF  ANY  SUCH
    3  EXAMINATION,  AS  PRESCRIBED  BY  A  SCHEDULE OF FEES ESTABLISHED BY THE
    4  COMMISSION,  SHALL  BE PAID BY THE CORPORATION CONDUCTING THE AUTHORIZED
    5  PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY  OF
    6  EVERY  PERSON  OR  CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES-
    7  SIONAL COMBATIVE SPORT,  TO  HAVE  IN  ATTENDANCE  AT  EVERY  AUTHORIZED
    8  PROFESSIONAL  COMBATIVE  SPORT, AT LEAST ONE PHYSICIAN DESIGNATED BY THE
    9  COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION  MAY  ESTABLISH  A
   10  SCHEDULE  OF  FEES  TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH
   11  ATTENDANCE.
   12    7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
   13  SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS  RECEIVED
   14  SEVERE  PUNISHMENT  OR  IS  IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE
   15  EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN  SHALL  IMMEDIATELY
   16  RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
   17  HOSPITALIZATION  IF  REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE
   18  COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
   19  EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT  THE  INJURED  PROFESSIONAL
   20  AND  HIS  OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT
   21  TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS  SUCH  PHYSI-
   22  CIAN  DEEMS  ADVISABLE.  ANY  PROFESSIONAL  LICENSED  UNDER THIS ARTICLE
   23  RENDERED UNCONSCIOUS OR SUFFERING  HEAD  TRAUMA  AS  DETERMINED  BY  THE
   24  ATTENDING  PHYSICIAN  SHALL  BE  IMMEDIATELY  EXAMINED  BY THE ATTENDING
   25  COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM-
   26  INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED  TO  MAGNETIC  RESO-
   27  NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
   28    8.  SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED
   29  PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF  IN  HIS  OR
   30  HER  OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI-
   31  OUS PHYSICAL INJURY TO A PROFESSIONAL.
   32    9. BEFORE A LICENSE SHALL BE GRANTED TO A  PERSON  OR  CORPORATION  TO
   33  CONDUCT  AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT SHALL
   34  EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT  TO  BE
   35  DETERMINED  BY THE COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY
   36  OF SURETIES THEREON BY THE  SECRETARY  OF  STATE,  CONDITIONED  FOR  THE
   37  FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI-
   38  CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING
   39  AND  APPROVAL  OF  SAID  BOND THE SECRETARY OF STATE SHALL ISSUE TO SAID
   40  APPLICANT A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE,  BY
   41  SAID  APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA-
   42  TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF-
   43  ICATE SHALL BE FILED. IN  CASE  OF  DEFAULT  IN  SUCH  PERFORMANCE,  THE
   44  COMMISSION  MAY  IMPOSE  UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT
   45  MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE  RECOVERED
   46  BY  THE  ATTORNEY-GENERAL  IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
   47  YORK IN THE SAME MANNER AS OTHER PENALTIES ARE  RECOVERED  BY  LAW;  ANY
   48  AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY.
   49    10.  IN  ADDITION  TO  THE  BOND  REQUIRED BY SUBDIVISION NINE OF THIS
   50  SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN  AUTHORIZED  PROFES-
   51  SIONAL  COMBATIVE  SPORT  SHALL  EXECUTE  AND FILE WITH THE SECRETARY OF
   52  STATE A BOND IN AN AMOUNT TO BE  DETERMINED  BY  THE  COMMISSION  TO  BE
   53  APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY
   54  OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS'
   55  AND  PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED
       S. 5949                            11
    1  BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING  TICKETS  AND
    2  ALL ADVERTISING MATERIAL.
    3    11.  ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS
    4  OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
    5  THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
    6  FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
    7  PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
    8  ING IN AUTHORIZED PROFESSIONAL COMBATIVE  SPORTS  OR  WRESTLING  EXHIBI-
    9  TIONS.  SUCH  ACCIDENT  INSURANCE  OR  FINANCIAL GUARANTEE SHALL PROVIDE
   10  COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND  HOSPI-
   11  TAL  CARE,  WITH  A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES
   12  SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE  CONTROL
   13  OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO
   14  THE  ESTATE  OF  ANY  DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY
   15  INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN  WHICH
   16  SUCH  LICENSED  PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER
   17  THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL,  SURGI-
   18  CAL  AND  HOSPITAL  CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR
   19  THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A  PROGRAM
   20  OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
   21  ABLE,  CAUSAL  LINK  EXISTS  BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC-
   22  IPATION IN SUCH PROGRAM AND THE  LIFE-THREATENING  BRAIN  INJURY.  WHERE
   23  APPLICABLE,  PROFESSIONAL  LICENSEES  SHALL  BE  AFFORDED  THE OPTION TO
   24  SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL  GUARAN-
   25  TEE  TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS
   26  SUBDIVISION.  THE COMMISSION MAY FROM TIME  TO  TIME,  PROMULGATE  REGU-
   27  LATIONS  TO  ADJUST  THE  AMOUNT  OF SUCH MINIMUM LIMITS. THE FAILURE TO
   28  PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
   29  FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF  SUCH  DEFAULTING
   30  ENTITY.
   31    12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
   32  PROFESSIONAL  OR  AMATEUR  COMBATIVE  SPORT,  INCLUDING ANY PROFESSIONAL
   33  WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED  OR
   34  RECEIVED,  SHALL  NOTIFY  THE  ATHLETIC  COMMISSION AT LEAST TEN DAYS IN
   35  ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO  ANY
   36  SUCH  PROFESSIONAL  OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING
   37  MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED  BY
   38  THE  STATE  ATHLETIC  COMMISSION  TO  PRINT  SUCH TICKETS AND SHALL BEAR
   39  CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME.
   40    (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
   41  EMPLOYEES OR OFFICERS OF THE COMMISSION  SHALL  ACT  AS  AGENTS  OF  THE
   42  COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI-
   43  CLE  NINETEEN  OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE
   44  COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL
   45  ASSISTANCE AS MAY BE NECESSARY FOR THE  PROPER  ADMINISTRATION  OF  SUCH
   46  TAX.
   47    S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
   48  OR  OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT
   49  OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
   50  A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY  STATING  (A)  ALL
   51  CHARGES,  EXPENSES,  FEES,  AND  COSTS THAT WILL BE ASSESSED AGAINST ANY
   52  PROFESSIONAL PARTICIPATING IN THE EVENT;  (B)  ALL  PAYMENTS,  BENEFITS,
   53  COMPLIMENTARY  BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE
   54  FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF  THE  PROMOTER;  (D)
   55  SPONSOR  OF  THE  EVENT;  AND  (E) ALL OTHER SOURCES, AND SUCH OTHER AND
   56  ADDITIONAL INFORMATION AS  REQUIRED  BY  THE  COMMISSION.  SUCH  WRITTEN
       S. 5949                            12
    1  STATEMENT  SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS-
    2  SION.
    3    2.  THE  PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
    4  THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE  PROFESSIONALS
    5  FOR  A  CONTEST  MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER
    6  PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
    7  THROUGH THE PROMOTER  ON  THE  PROFESSIONAL  PERTAINING  TO  THE  EVENT,
    8  INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
    9  RECEIVE  AND  TRAINING  EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE
   10  PROMOTER IS PROVIDING TO ANY SANCTIONING  ORGANIZATION  AFFILIATED  WITH
   11  THE  EVENT.  SUCH  WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER
   12  ACCEPTABLE TO THE COMMISSION.
   13    3. 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 COPY OF ANY  AGREEMENT  IN
   16  WRITING  TO  WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC-
   17  IPATING IN THE MATCH.
   18    4. ALL CONTRACTS CALLING FOR THE SERVICES  OF  A  PROFESSIONAL  IN  AN
   19  AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORT  AND ENTERED INTO BY LICENSED
   20  PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF  THE  PARTIES  IN
   21  SUCH  CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO
   22  DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY  AUTHORIZED  PROFESSIONAL
   23  COMBATIVE  SPORT  OVER  THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE
   24  APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE  FILED  WITH  THE
   25  COMMISSION   BY   SUCH   CORPORATION,  PROFESSIONAL  OR  MANAGER  WITHIN
   26  FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST  TEN
   27  BUSINESS  DAYS  PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS,
   28  TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE  FOR
   29  GOOD CAUSE SHOWN.
   30    S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
   31  ARTICLE,  "PROFESSIONAL  WRESTLING"  SHALL  MEAN  AN  ACTIVITY  IN WHICH
   32  PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF  PROVID-
   33  ING  ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE
   34  ATHLETIC CONTEST OR COMPETITION.
   35    2. EVERY PERSON, PARTNERSHIP OR  CORPORATION  PROMOTING  ONE  OR  MORE
   36  PROFESSIONAL  WRESTLING  EXHIBITIONS  IN THIS STATE SHALL BE REQUIRED TO
   37  OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS
   38  SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE  COMMISSION  PURSUANT
   39  TO  RULE  AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE.
   40  EACH APPLICANT SHALL PAY AN ANNUAL FEE  ESTABLISHED  BY  THE  COMMISSION
   41  PURSUANT TO RULE.
   42    3.  A  LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE
   43  STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN  ADVANCE
   44  OF  THE  HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND
   45  FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
   46  SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-
   47  EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT  OF
   48  PROFESSIONAL  WRESTLER'S  PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY
   49  THE COMMISSION, THE LEGITIMATE EXPENSES  OF  PRINTING  TICKETS  AND  ALL
   50  ADVERTISING  MATERIAL,  PAYMENTS  TO  SPONSORING  ORGANIZATIONS, AND THE
   51  APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
   52    4. A LICENSED PROMOTER OF A PROFESSIONAL  WRESTLING  EXHIBITION  SHALL
   53  PROVIDE  FOR  A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND
   54  SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR  TO  EACH  PERFORMANCE,
   55  AND  EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD-
   56  ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.
       S. 5949                            13
    1    5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES  SIX
    2  OR  MORE  EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE
    3  AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A  WRITTEN  COPY  OF  THE
    4  PLAN.  EACH  SUCH  PLAN  SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE
    5  DEFINED  IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN
    6  SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
    7    (A) DISSEMINATION OF EDUCATIONAL MATERIALS TO  PROFESSIONAL  WRESTLERS
    8  WHO  PERFORM  FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS
    9  AND AVAILABLE REHABILITATION SERVICES; AND
   10    (B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL  WRESTLER  TO
   11  OBTAIN REHABILITATION SERVICES.
   12    S  1018.  PROHIBITED  CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE,
   13  EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A  PROFESSIONAL
   14  BOXER  COMPETING  ON  PREMISES  OWNED  OR  LEASED  BY THE CORPORATION OR
   15  PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS  OTHERWISE  INTERESTED
   16  EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
   17    2.  NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE
   18  PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
   19  COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
   20  OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
   21    3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
   22  PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
   23  SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY  SHAM  OR
   24  COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
   25  HIS  OR  HER  LICENSE  BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL
   26  REMEDIES.
   27    4. NO LICENSED PROMOTER OR MATCHMAKER  SHALL  KNOWINGLY  ENGAGE  IN  A
   28  COURSE  OF  CONDUCT  IN WHICH FIGHTS ARE ARRANGED WHERE ONE PROFESSIONAL
   29  HAS SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF  THE  OTHER  PROFES-
   30  SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
   31  THE PROFESSIONAL.
   32    S  1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM
   33  A PROHIBITED COMBATIVE SPORT SHALL BE GUILTY OF A CLASS  A  MISDEMEANOR,
   34  AND  SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN CONVICTED
   35  IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
   36    2. ANY PERSON WHO KNOWINGLY ADVANCES  OR  PROFITS  FROM  A  PROHIBITED
   37  COMBATIVE  SPORT  SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
   38  FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN
   39  DERIVED THEREFROM WHICHEVER IS GREATER, OR FOR  A  SUBSEQUENT  VIOLATION
   40  TWENTY-FIVE  THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THERE-
   41  FROM WHICHEVER IS GREATER. THE ATTORNEY GENERAL IS HEREBY  EMPOWERED  TO
   42  COMMENCE  JUDICIAL  PROCEEDINGS  TO RECOVER SUCH PENALTIES AND TO OBTAIN
   43  INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION.
   44    3. ANY PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY  CONDUCTS  ANY
   45  COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR
   46  HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN
   47  THIS  ARTICLE  SHALL  BE GUILTY OF A MISDEMEANOR. ANY PERSON WHO PARTIC-
   48  IPATES IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER,  TIMEKEEP-
   49  ER,  PROFESSIONAL,  MANAGER,  TRAINER,  OR  SECOND  WITHOUT FIRST HAVING
   50  PROCURED AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR  WHERE
   51  SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF
   52  A  MISDEMEANOR.  ANY  PERSON,  PARTNERSHIP OR CORPORATION WHO PROMOTES A
   53  PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE  STATE  WITHOUT  FIRST
   54  HAVING  PROCURED  AN  APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE
   55  THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.
       S. 5949                            14
    1    4. ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED  OR
    2  OTHERWISE  AUTHORIZED  UNDER  THE PROVISIONS OF THIS ARTICLE, THAT SHALL
    3  KNOWINGLY VIOLATE ANY RULE OR ORDER OF THE COMMISSION OR  ANY  PROVISION
    4  OF  THIS  ARTICLE,  IN  ADDITION TO ANY OTHER PENALTY BY LAW PRESCRIBED,
    5  SHALL  BE  LIABLE  TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS
    6  FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
    7  THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION,
    8  TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF  THE
    9  STATE  OF  NEW  YORK  IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR
   10  CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY
   11  COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY  AS  IMPOSED
   12  IN  SETTLEMENT  THEREOF.  FOR  THE PURPOSES OF THIS SECTION, EACH TRANS-
   13  ACTION OR STATUTORY  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE  OFFENSE,
   14  EXCEPT  THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST
   15  UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT
   16  PROCEEDING.
   17    5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED  PURSU-
   18  ANT  TO  SUBDIVISION  TWO  OF SECTION ONE THOUSAND NINE OF THIS ARTICLE,
   19  WHICH INFRACTION MAY INCLUDE MORE THAN  ONE  INDIVIDUAL  VIOLATION,  THE
   20  COMMISSION  MAY  IMPOSE  A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS
   21  FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
   22  ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED.   ON  THE
   23  SECOND  SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO
   24  FIVE HUNDRED DOLLARS FOR  EACH  HEALTH  AND  SAFETY  VIOLATION  AND  MAY
   25  SUSPEND   THE   TRAINING  FACILITY'S  LICENSE  UNTIL  THE  VIOLATION  OR
   26  VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
   27  INFRACTIONS, THE COMMISSION MAY IMPOSE A  CIVIL  FINE  OF  UP  TO  SEVEN
   28  HUNDRED  FIFTY  DOLLARS  FOR  EACH  HEALTH  AND SAFETY VIOLATION AND MAY
   29  REVOKE THE TRAINING FACILITY'S LICENSE.
   30    6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING  TO  FULLY
   31  COMPLY  WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND
   32  FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY  OF  FIVE  HUNDRED
   33  DOLLARS  TO  BE  COLLECTED  BY AND PAID TO THE DEPARTMENT OF STATE.  ANY
   34  INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM  OPERAT-
   35  ING  ANY  SHOWS  OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS
   36  SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE  NINE-
   37  TEEN OF THE TAX LAW HAVE BEEN PAID.
   38    7.  ALL  PENALTIES  IMPOSED  AND  COLLECTED BY THE COMMISSION FROM ANY
   39  CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS  OF
   40  THIS  ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER
   41  AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
   42  EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
   43    S 1020. SUBPOENAS BY COMMISSION;  OATHS.  THE  COMMISSION  SHALL  HAVE
   44  AUTHORITY  TO  ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF
   45  THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE  OF  WITNESSES  BEFORE  THE
   46  COMMISSION.  A  SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY
   47  THE CIVIL PRACTICE LAW AND RULES.
   48    S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS  PROVIDED
   49  IN  SUBDIVISION  TWELVE  OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE
   50  SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING  OR  BOXING  CONTEST  OR
   51  EXHIBITION  CONDUCTED  UNDER  THE  SUPERVISION OR THE CONTROL OF THE NEW
   52  YORK STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE  CONTESTANTS
   53  ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
   54  WHERE  THE  CONTESTANTS  ARE  ALL  AMATEURS,  SPONSORED BY AND UNDER THE
   55  SUPERVISION OF ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER  INSTITUTION  OF
   56  LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY
       S. 5949                            15
    1  BUSINESS  ENTITY  INCORPORATED FOR THE PURPOSES OF PROVIDING INSTRUCTION
    2  AND EVALUATION IN A COMBATIVE SPORT TO CUSTOMERS  FOR  THE  PURPOSES  OF
    3  HEALTH  AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR PARTICIPATION
    4  IN  AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO
    5  ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE  ALL  AMATEURS
    6  SPONSORED  BY  AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI-
    7  ATION OR, IN THE CASE OF BOXING, THE U.S.  AMATEUR BOXING FEDERATION  OR
    8  ITS  LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS
    9  TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE,  TO  ANY  PROFESSIONAL
   10  WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID-
   11  UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS
   12  OR  EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE
   13  STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT  TO
   14  THIS  SECTION  MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR
   15  ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS.
   16    S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION  SHALL
   17  BE  PAID  INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM
   18  THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
   19  PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
   20    S 3. Subdivision 1 of section 451  of  the  tax  law,  as  amended  by
   21  section  1  of  part F of chapter 407 of the laws of 1999, is amended to
   22  read as follows:
   23    1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
   24  receipts  of  every person from the sale of tickets to any [professional
   25  or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED
   26  COMBATIVE SPORT held in this state, and without any deduction whatsoever
   27  for commissions, brokerage, distribution fees, advertising or any  other
   28  expenses, charges and recoupments in respect thereto.
   29    S 4. Section 451 of the tax law is amended by adding a new subdivision
   30  4 to read as follows:
   31    4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR-
   32  IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW.
   33    S  5. Section 452 of the tax law, as amended by section 2 of part F of
   34  chapter 407 of the laws of 1999, is amended to read as follows:
   35    S 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
   36  hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
   37  gross receipts of every  person  holding  any  professional  or  amateur
   38  boxing,  sparring  or  wrestling match or exhibition in this state. Such
   39  tax shall be imposed on such gross receipts, exclusive  of  any  federal
   40  taxes, as follows:
   41    (a)  three percent of gross receipts from ticket sales, except that in
   42  no event shall the tax imposed by this  [subdivision]  PARAGRAPH  exceed
   43  fifty thousand dollars for any match or exhibition;
   44    (b)  three  percent of gross receipts from broadcasting rights, except
   45  that in no event shall the tax imposed by this  [subdivision]  PARAGRAPH
   46  exceed fifty thousand dollars for any match or exhibition.
   47    2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
   48  BY  IMPOSED  AND  SHALL  BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
   49  HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS  STATE,  OTHER  THAN  ANY
   50  PROFESSIONAL  OR  AMATEUR  BOXING,  SPARRING  OR WRESTLING EXHIBITION OR
   51  MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS:
   52    (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS  FROM  TICKET  SALES;
   53  AND
   54    (B)  THREE  PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING
   55  RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER  THE  INTER-
       S. 5949                            16
    1  NET,  EXCEPT  THAT  IN  NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS
    2  SUBDIVISION EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
    3    S  6.    The article heading of article 19 of the tax law, as added by
    4  chapter 833 of the laws of 1987, is amended to read as follows:
    5           [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
    6                                 SPORTS TAX
    7    S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
    8  amended by section 100 of part A of chapter 389 of the laws of 1997,  is
    9  amended to read as follows:
   10    (1)  Any  admission charge where such admission charge is in excess of
   11  ten cents to or for the use of any place  of  amusement  in  the  state,
   12  except  charges for admission to race tracks[, boxing, sparring or wres-
   13  tling matches or exhibitions] OR  COMBATIVE  SPORTS  which  charges  are
   14  taxed  under  any  other  law of this state, or dramatic or musical arts
   15  performances, or live circus performances, or motion  picture  theaters,
   16  and  except  charges to a patron for admission to, or use of, facilities
   17  for sporting activities in which such patron is  to  be  a  participant,
   18  such  as  bowling  alleys  and swimming pools. For any person having the
   19  permanent use or possession of a box or seat or a lease  or  a  license,
   20  other  than  a season ticket, for the use of a box or seat at a place of
   21  amusement, the tax shall be upon the amount for which a similar  box  or
   22  seat is sold for each performance or exhibition at which the box or seat
   23  is used or reserved by the holder, licensee or lessee, and shall be paid
   24  by the holder, licensee or lessee.
   25    S  8.   The section heading of section 1820 of the tax law, as amended
   26  by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
   27  2009, is amended to read as follows:
   28    [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
   29    S 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
   30  beverage  control  law,  as added by chapter 254 of the laws of 2001, is
   31  amended to read as follows:
   32    (b) The prohibition contained in paragraph (a)  of  this  subdivision,
   33  however,  shall  not be applied to any [professional match or exhibition
   34  which consists of boxing, sparring, wrestling, or martial arts and which
   35  is excepted from the definition of the term "combative sport"  contained
   36  in  subdivision  one of section five-a of chapter nine hundred twelve of
   37  the laws of nineteen hundred twenty, as added by chapter fourteen of the
   38  laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.
   39    S 10. The department of  state,  with  the  assistance  of  the  state
   40  athletic  commission,  medical advisory board, departments of health and
   41  financial services, state insurance fund, division of  budget  and  such
   42  other  state entities as appropriate, shall carefully consider potential
   43  mechanisms to provide financial resources for the  payment  of  expenses
   44  related  to  medical  and rehabilitative care for professionals licensed
   45  under article forty-one of  the  general  business  law  who  experience
   46  debilitating  brain  injuries  associated  with repetitive head injuries
   47  sustained through their participation in combative sports.  The  depart-
   48  ment  of  state may consult and contract with third parties for services
   49  in the course of this review. The department of state shall  report  its
   50  findings and recommendations to the governor, temporary president of the
   51  senate  and speaker of the assembly within eighteen months of the effec-
   52  tive date of this section.  In addition to the foregoing, within  twelve
   53  months of the effective date of this section, the state athletic commis-
   54  sion shall make any recommendations to the governor, temporary president
   55  of  the senate and speaker of the assembly regarding legislative changes
   56  which may be necessary to effectuate the  purpose  and  intent  of  this
       S. 5949                            17
    1  chapter,  including,  but not limited to, appropriate adjustments to the
    2  insurance requirements contained therein.
    3    S  11.  This act shall take effect on the first day of the first month
    4  next succeeding the one hundred twentieth day after it shall have become
    5  a law and shall apply to gross receipts from combative sports held on or
    6  after that date; provided, however, that the addition, amendment  and/or
    7  repeal of any rule or regulation of the state athletic commission neces-
    8  sary for the implementation of this act on its effective date is author-
    9  ized to be made on or before such effective date.