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

                                  2604

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. MORELLE, WRIGHT, HEASTIE, SIMOTAS, ENGLEBRIGHT,
  PEOPLES-STOKES, HEVESI, MOYA,  TITUS,  TITONE,  PERRY,  COOK,  RIVERA,
  PAULIN,  MOSLEY,  STIRPE, BRINDISI, SANTABARBARA -- Multi-Sponsored by
  -- M. of A. BARCLAY, BORELLI, BRAUNSTEIN, BROOK-KRASNY, CAMARA, CERET-
  TO, CRESPO, CROUCH, CURRAN,  CUSICK,  CYMBROWITZ,  GARBARINO,  GJONAJ,
  GOLDFEDER,  GRAF,  KATZ, KEARNS, KIM, LAVINE, LUPARDO, McDONALD, McDO-
  NOUGH, MILLER, PRETLOW, QUART, RA, RAIA, ROBERTS, RODRIGUEZ,  SEPULVE-
  DA,  SIMANOWITZ, SKARTADOS, WALTER, WEPRIN, ZEBROWSKI -- read once and
  referred to the Committee on Tourism, Parks, Arts and Sports  Develop-
  ment

AN  ACT  to  amend chapter 912 of the laws of 1920 relating to the regu-
  lation of boxing, sparring and wrestling, in relation to  establishing
  protocols  for  combative  sports  and  authorizing mixed martial arts
  events in this state; to amend the tax law, in relation to the imposi-
  tion of a tax on the gross receipts of any person holding any  profes-
  sional  or  amateur boxing, sparring or wrestling match or exhibition,
  or professional combative sports match or exhibition; and to amend the
  alcoholic beverage control law, in relation  to  allowing  matches  or
  exhibitions on the premises of certain licensees

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

  Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 4 of  chapter  912
of  the  laws of 1920 relating to the regulation of boxing, sparring and
wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of
2002 and subdivisions 3, 4 and 5 as added by chapter 603 of the laws  of
1981, are amended to read as follows:
  2. The advisory board shall have power and it shall be the duty of the
board  to  prepare and submit to the commission for approval regulations
and standards for the physical examination of  professional  boxers  AND
PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS including, without limita-
tion, pre-fight and/or post-fight examinations and  periodic  comprehen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05199-01-5
              

A. 2604                             2

sive  examinations.  The  board  shall  continue to serve in an advisory
capacity to the commission and from time to time prepare and  submit  to
the  commission  for approval, such additional regulations and standards
of  examination as in their judgment will safeguard the physical welfare
of professional boxers licensed by the commission.  The  advisory  board
shall  recommend  to  the  commission  from  time to time such qualified
physicians, for the  purpose  of  conducting  physical  examinations  of
professional  boxers  AND PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS and
other services as the rules of the commission shall provide;  and  shall
recommend  to the commission a schedule of fees to be paid to physicians
for such examinations and other services as required by this act.
  3. The advisory board  shall  develop  appropriate  medical  education
programs  for all commission personnel involved in the conduct of boxing
and sparring matches or exhibitions  OR  PROFESSIONAL  COMBATIVE  SPORTS
MATCHES OR EXHIBITIONS so that such personnel can recognize and act upon
evidence of potential or actual adverse medical indications in a partic-
ipant prior to or during the course of a match OR EXHIBITION.
  4.  The advisory board shall review the credentials and performance of
each commission physician on an annual basis as  a  condition  of  reap-
pointment  of  each  such  physician,  including  each  such physician's
comprehension of the medical literature on boxing OR PROFESSIONAL COMBA-
TIVE SPORTS referred to in subdivision five of this section.
  5. The advisory board shall recommend to the commission a  compilation
of medical publications on the medical aspects of boxing OR PROFESSIONAL
COMBATIVE SPORTS which shall be maintained by the commission and be made
available for review to all commission personnel involved in the conduct
of  any boxing or sparring match or exhibition OR PROFESSIONAL COMBATIVE
SPORTS MATCH OR EXHIBITION.
  6. The advisory board shall also advise the commission on any study of
equipment, procedures or personnel which will, in their opinion, promote
the safety of boxing  participants  AND  PROFESSIONAL  COMBATIVE  SPORTS
PARTICIPANTS.
  S  2.  Section  5-a of chapter 912 of the laws of 1920 relating to the
regulation of boxing, sparring and wrestling, as added by chapter 14  of
the laws of 1997, is amended to read as follows:
  S 5-a. Combative sports. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "BOARD"  MEANS  MEDICAL  ADVISORY BOARD AS ESTABLISHED IN SECTION
FOUR OF THIS ACT.
  (B) A "combative sport" shall mean any professional match  or  exhibi-
tion  other than boxing, sparring, wrestling or martial arts wherein the
contestants deliver, or are not forbidden by the applicable rules there-
of from delivering kicks, punches or blows of any kind to the body of an
opponent or opponents. For  the  purposes  of  this  section,  the  term
"martial  arts"  shall include any professional match or exhibition OF A
SINGLE DISCIPLINE sanctioned by AN ORGANIZATION APPROVED BY THE  COMMIS-
SION, INCLUDING, BUT NOT LIMITED TO, any of the following organizations:
U.S.  Judo  Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae
Kwon Do Union, North American Sport Karate  Association,  U.S.A.  Karate
Foundation,  U.S.  Karate,  Inc., World Karate Association, Professional
Karate Association, Karate International,  International  Kenpo  Associ-
ation,  or  World  Wide Kenpo Association. The commission [is authorized
to] SHALL promulgate regulations which  would  establish  a  process  to
allow  for  the  inclusion or removal of martial arts organizations from
the above list. Such process shall include but not be limited to consid-
eration of the following factors:    [(a)]  (1)  is  the  organization's
primary purpose to provide instruction in self defense techniques; [(b)]

A. 2604                             3

(2)  does  the  organization  require  the  use  of hand, feet and groin
protection during any competition or bout; and [(c)] (3) does the organ-
ization have an established set of  rules  that  require  the  immediate
termination of any competition or bout when any participant has received
severe punishment or is in danger of suffering serious physical injury.
  (C)  "COMMISSION"  MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR
IN SECTION ONE OF THIS CHAPTER OR AN AGENT OF THE COMMISSION  ACTING  ON
ITS BEHALF.
  (D)  "MIXED  MARTIAL  ARTS"  MEANS  ANY  PROFESSIONAL COMBATIVE SPORTS
COMPETITION WHEREIN THE RULES OF SUCH COMPETITION SUBJECT TO THE  APPLI-
CABLE  LIMITATIONS AS SET FORTH BY THE COMMISSION AUTHORIZE PROFESSIONAL
COMBATIVE SPORTS MATCHES OR EXHIBITIONS BETWEEN VARIOUS FIGHTING  DISCI-
PLINES,  INCLUDING THE UTILIZATION OF PERMITTED MARTIAL ARTS TECHNIQUES,
INCLUDING  STRIKING,  KICKING  AND  GRAPPLING.  NO  NON-PROFESSIONAL  OR
AMATEUR  BOUT,  EXHIBITION  OR  PARTICIPANT  SHALL BE AUTHORIZED BY THIS
SECTION.
  (E) "PROFESSIONAL COMBATIVE SPORTS PARTICIPANT" OR "PARTICIPANT" SHALL
MEAN A COMBATIVE SPORTS FIGHTER WHO COMPETES FOR A MONEY PRIZE OR TEACH-
ES OR PURSUES OR ASSISTS IN THE PRACTICE OF  MIXED  MARTIAL  ARTS  AS  A
MEANS  OF  OBTAINING  A  LIVELIHOOD  OR  PECUNIARY GAIN, AND ANY CONTEST
CONFORMING TO THE RULES, REGULATIONS AND REQUIREMENTS OF THIS SECTION.
  (F) "PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION" SHALL MEAN ANY
MATCH OR EXHIBITION THAT  MUST  BE  APPROVED  BY  THE  COMMISSION  WHERE
PROFESSIONAL  COMBATIVE SPORTS PARTICIPANTS RECEIVE CONSIDERATION OF ANY
VALUE OR AN ADMISSION IS CHARGED.
  1-A. COMMISSION REVIEW. THE COMMISSION SHALL REVIEW EACH MARTIAL  ARTS
SANCTIONING  ORGANIZATION,  INCLUDING THOSE LISTED IN SUBDIVISION ONE OF
THIS SECTION, AT LEAST BIENNIALLY, OR  SOONER  IF  DETERMINED  NECESSARY
BASED  UPON  THE PERIODIC COMPLIANCE CHECKS OR COMPLAINTS TO THE COMMIS-
SION, TO  DETERMINE  CONTINUATION  OF  THE  COMMISSION'S  APPROVAL.  THE
COMMISSION  SHALL  CONTINUE APPROVAL OR SHALL SUSPEND OR REVOKE APPROVAL
BASED UPON COMPLIANCE OF THE ORGANIZATION WITH THE APPROVED  SANCTIONING
STANDARDS  AND  ITS  ABILITY  TO  SUPERVISE  MATCHES IN THE STATE.   THE
COMMISSION SHALL ACT UPON ANY APPLICATION FOR INCLUSION IN THE  LIST  IN
PARAGRAPH  (B)  OF  SUBDIVISION ONE OF THIS SECTION WITHIN SIXTY DAYS OF
THE DATE SUCH APPLICATION IS MADE TO THE COMMISSION.
  1-B. MIXED MARTIAL ARTS COMPETITION. THE COMMISSION  SHALL  PROMULGATE
RULES AND REGULATIONS TO ALLOW FOR MIXED MARTIAL ARTS COMPETITIONS TO BE
CONDUCTED,  HELD,  OR GIVEN WITHIN THE STATE OF NEW YORK AND SHALL ALLOW
FOR LICENSES TO BE APPROVED BY THE COMMISSION FOR SUCH MATCHES OR  EXHI-
BITIONS.  THE  COMMISSION  IS  AUTHORIZED  TO PROMULGATE RULES AND REGU-
LATIONS TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION. SUCH RULES  AND
REGULATIONS  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO, THE ADOPTION OF
UNIFIED RULES OF MIXED MARTIAL ARTS, A LICENSING PROCESS FOR MATCHES AND
EXHIBITIONS, A FEE SCHEDULE FOR SUCH LICENSES, PROCEDURES TO  ALLOW  FOR
THE PARTICIPATION, PROMOTION, AND ADVANCEMENT OF SUCH EVENTS, THE HEALTH
AND SAFETY OF PARTICIPANTS, AND THE BEST INTERESTS OF MIXED MARTIAL ARTS
AND  THE  ADOPTION OF RULES AND REGULATIONS FOR LICENSING AND REGULATION
OF ANY AND ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS  THAT
MAINTAIN  TRAINING FACILITIES PROVIDING CONTACT SPARRING FOR PERSONS WHO
PREPARE FOR PARTICIPATION IN SUCH PROFESSIONAL COMBATIVE SPORTS OR EXHI-
BITIONS, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
  (B) THE COMMISSION IS AUTHORIZED AND  DIRECTED  TO  REQUIRE  THAT  ALL
SITES  WHEREIN  PROFESSIONAL COMBATIVE SPORTS ARE CONDUCTED SHALL COMPLY
WITH STATE AND APPLICABLE LOCAL SANITARY  CODES  APPROPRIATE  TO  SCHOOL
ATHLETIC FACILITIES.

A. 2604                             4

  2.  [No  combative  sport shall be conducted, held or given within the
state of New York, and no licenses may be approved by the commission for
such matches or exhibitions.
  3.  (a)  A  person  who knowingly advances or profits from a combative
sport activity shall be guilty of a class A misdemeanor,  and  shall  be
guilty of a class E felony if he or she has been convicted in the previ-
ous five years of violating this subdivision.
  (b)  A  person  advances a combative sport activity when, acting other
than as a spectator, he or she engages in conduct which materially  aids
any combative sport. Such conduct includes but is not limited to conduct
directed  toward  the creation, establishment or performance of a comba-
tive sport, toward the acquisition or maintenance of premises, parapher-
nalia, equipment or  apparatus  therefor,  toward  the  solicitation  or
inducement of persons to attend or participate therein, toward the actu-
al  conduct of the performance thereof, toward the arrangement of any of
its financial or promotional phases, or toward  any  other  phase  of  a
combative  sport.  One  advances a combative sport activity when, having
substantial proprietary or other  authoritative  control  over  premises
being  used  with his or her knowledge for purposes of a combative sport
activity, he or she permits such to occur or continue or makes no effort
to prevent its occurrence or continuation.
  (c) A person profits from a combative sport activity when  he  or  she
accepts  or  receives money or other property with intent to participate
in the proceeds of a combative sport activity, or pursuant to an  agree-
ment  or understanding with any person whereby he or she participates or
is to participate in the proceeds of a combative sport activity.
  (d) Any person who knowingly advances  or  profits  from  a  combative
sport  activity  shall  also be subject to a civil penalty not to exceed
for the first violation ten thousand dollars or twice the amount of gain
derived therefrom whichever is greater, or for  a  subsequent  violation
twenty  thousand  dollars  or twice the amount of gain derived therefrom
whichever is greater.  The  attorney  general  is  hereby  empowered  to
commence  judicial  proceedings  to recover such penalties and to obtain
injunctive relief to enforce the provisions of  this  section.]  PROFES-
SIONAL COMBATIVE SPORTS MATCHES AND EXHIBITIONS AUTHORIZED. NO COMBATIVE
SPORTS  MATCH OR EXHIBITION SHALL BE CONDUCTED, HELD OR GIVEN WITHIN THE
STATE EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION  AND  THE
RULES  AND  REGULATIONS  PROMULGATED BY THE COMMISSION PURSUANT THERETO.
THE COMMISSION SHALL DIRECT A REPRESENTATIVE TO BE PRESENT AT EACH PLACE
WHERE COMBATIVE SPORTS ARE TO BE HELD PURSUANT TO THE PROVISIONS OF THIS
SECTION.  SUCH  REPRESENTATIVE  SHALL  ASCERTAIN  THE  EXACT  CONDITIONS
SURROUNDING  SUCH  MATCH  OR EXHIBITION AND MAKE A WRITTEN REPORT OF THE
SAME IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. SUCH COMBATIVE
SPORTS MATCHES OR EXHIBITIONS MAY BE HELD IN ANY BUILDING FOR WHICH  THE
COMMISSION  IN  ITS  DISCRETION MAY ISSUE A LICENSE. WHERE SUCH MATCH OR
EXHIBITION IS AUTHORIZED TO BE HELD IN A STATE OR CITY OWNED ARMORY, THE
PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST BE COMPLIED  WITH,
BUT  NO SUCH MATCH OR EXHIBITION SHALL BE HELD IN A BUILDING WHOLLY USED
FOR RELIGIOUS SERVICES.
  3. JURISDICTION OF COMMISSION. (A) THE COMMISSION SHALL HAVE AND HERE-
BY IS VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND  JURISDIC-
TION OVER ALL PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS TO BE
CONDUCTED,  HELD  OR  GIVEN  WITHIN  THE  STATE OF NEW YORK AND OVER ALL
LICENSES TO ANY AND ALL PERSONS WHO PARTICIPATE IN SUCH COMBATIVE SPORTS
MATCHES OR EXHIBITIONS AND OVER ANY AND ALL GYMS, CLUBS, TRAINING  CAMPS
AND  OTHER  ORGANIZATIONS  THAT  MAINTAIN  TRAINING FACILITIES PROVIDING

A. 2604                             5

CONTACT SPARRING FOR PERSONS  WHO  PREPARE  FOR  PARTICIPATION  IN  SUCH
PROFESSIONAL  COMBATIVE  SPORTS  OR  EXHIBITIONS,  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS SECTION.
  (B)  THE  COMMISSION  IS  AUTHORIZED  AND DIRECTED TO REQUIRE THAT ALL
SITES WHEREIN PROFESSIONAL COMBATIVE SPORTS ARE CONDUCTED  SHALL  COMPLY
WITH  STATE  AND  APPLICABLE  LOCAL SANITARY CODES APPROPRIATE TO SCHOOL
ATHLETIC FACILITIES.
  4. ENTITIES  REQUIRED  TO  PROCURE  LICENSES;  PROFESSIONAL  COMBATIVE
SPORTS PARTICIPANTS DEFINED. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
SIX OF THIS SECTION, ALL CORPORATIONS, PERSONS, LIMITED LIABILITY COMPA-
NIES,  REFEREES,  JUDGES, CORPORATION TREASURERS, PROFESSIONAL COMBATIVE
SPORTS PARTICIPANTS,  THEIR  MANAGERS,  PROMOTERS,  TRAINERS  AND  CHIEF
SECONDS SHALL BE LICENSED BY THE COMMISSION, AND NO SUCH ENTITY SHALL BE
PERMITTED  TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY PROFES-
SIONAL COMBATIVE SPORTS MATCH OR EXHIBITION,  OR  THE  HOLDING  THEREOF,
UNLESS  SUCH ENTITY SHALL HAVE FIRST PROCURED A LICENSE FROM THE COMMIS-
SION. THE COMMISSION SHALL ESTABLISH BY RULE  AND  REGULATION  LICENSING
STANDARDS  FOR REFEREES, JUDGES, MANAGERS, PROMOTERS, TRAINERS AND CHIEF
SECONDS.  ANY MATCH OR EXHIBITION CONFORMING TO THE  RULES,  REGULATIONS
AND  REQUIREMENTS  OF  THIS SECTION SHALL BE DEEMED TO BE A PROFESSIONAL
COMBATIVE SPORTS MATCH OR EXHIBITION.
  5. LICENSE TO ENTITIES. (A) THE COMMISSION  MAY,  IN  ITS  DISCRETION,
ISSUE A LICENSE TO CONDUCT OR HOLD PROFESSIONAL COMBATIVE SPORTS MATCHES
OR  EXHIBITIONS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON, CORPO-
RATION OR LIMITED LIABILITY COMPANY DULY INCORPORATED OR FORMED, HEREIN-
AFTER REFERRED TO AS "ENTITY".
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES IN WHICH SUCH MATCH OR EXHIBITION IS TO BE
HELD.
  (C) UPON WRITTEN APPLICATION AND THE PAYMENT OF A FEE OF FIVE  HUNDRED
DOLLARS  WHICH  MUST ACCOMPANY THE APPLICATION, THE COMMISSION MAY GRANT
TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLD-
ING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR
IN ANOTHER LOCATION, THAN THE PREMISES OF LOCATION  PREVIOUSLY  APPROVED
BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE
RULES AND REGULATIONS OF THE COMMISSION.
  (D)  ALL  PENALTIES  IMPOSED  AND COLLECTED BY THE COMMISSION FROM ANY
ENTITY LICENSED UNDER THE PROVISIONS OF THIS ACT, WHICH FINES AND PENAL-
TIES ARE IMPOSED AND COLLECTED UNDER THE AUTHORITY HEREBY  VESTED  SHALL
WITHIN  THIRTY  DAYS AFTER THE RECEIPT THEREOF BY THE COMMISSION BE PAID
BY THEM INTO THE STATE TREASURY.
  6. TEMPORARY WORKING PERMITS FOR PROFESSIONAL COMBATIVE SPORTS PARTIC-
IPANTS, MANAGERS, TRAINERS AND CHIEF SECONDS. THE COMMISSION  MAY  ISSUE
TEMPORARY WORKING PERMITS TO PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS,
THEIR  MANAGERS,  TRAINERS AND CHIEF SECONDS. A TEMPORARY WORKING PERMIT
SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER OF SUCH PERMIT TO ENGAGE IN
A SINGLE MATCH OR EXHIBITION AT A SPECIFIED TIME AND PLACE. A  TEMPORARY
WORKING  PERMIT  MAY  BE ISSUED IF IN THE JUDGMENT OF THE COMMISSION THE
PARTICIPATION OF THE HOLDER THEREOF IN A PROFESSIONAL  COMBATIVE  SPORTS
MATCH  OR EXHIBITION WILL BE CONSISTENT WITH THE PURPOSES AND PROVISIONS
OF THIS SECTION, THE BEST INTERESTS OF COMBATIVE SPORTS  GENERALLY,  AND
THE  PUBLIC  INTEREST,  CONVENIENCE  OR  NECESSITY.  THE  COMMISSION MAY
REQUIRE THAT PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS  APPLYING  FOR
TEMPORARY  WORKING  PERMITS UNDERGO A PHYSICAL EXAMINATION, NEUROLOGICAL
OR NEUROPSYCHOLOGICAL TEST OR PROCEDURE, INCLUDING  COMPUTED  TOMOGRAPHY

A. 2604                             6

OR  MEDICALLY  EQUIVALENT  PROCEDURE. THE FEE FOR SUCH TEMPORARY WORKING
PERMIT SHALL BE TWENTY DOLLARS.
  7.  LICENSE  FEES;  TERM  OF  LICENSES; RENEWALS. EACH APPLICANT FOR A
PROMOTER LICENSE SHALL, BEFORE A LICENSE IS ISSUED  BY  THE  COMMISSION,
PAY  TO  THE  COMMISSION,  AN  ANNUAL LICENSE FEE AS FOLLOWS:  WHERE THE
SEATING CAPACITY IS NOT  MORE  THAN  TWO  THOUSAND  FIVE  HUNDRED,  FIVE
HUNDRED  DOLLARS;  WHERE  THE SEATING CAPACITY IS MORE THAN TWO THOUSAND
FIVE HUNDRED BUT NOT MORE THAN  FIVE  THOUSAND,  ONE  THOUSAND  DOLLARS;
WHERE  THE SEATING CAPACITY IS MORE THAN FIVE THOUSAND BUT NOT MORE THAN
FIFTEEN THOUSAND, ONE THOUSAND FIVE HUNDRED DOLLARS; WHERE  THE  SEATING
CAPACITY  IS  MORE  THAN  FIFTEEN THOUSAND BUT NOT MORE THAN TWENTY-FIVE
THOUSAND, TWO THOUSAND FIVE HUNDRED DOLLARS; WHERE THE SEATING  CAPACITY
IS  MORE THAN TWENTY-FIVE THOUSAND, THREE THOUSAND FIVE HUNDRED DOLLARS;
REFEREE, ONE HUNDRED DOLLARS; JUDGES, ONE HUNDRED DOLLARS;  PROFESSIONAL
COMBATIVE  SPORTS  PARTICIPANTS, FIFTY DOLLARS; MANAGERS, FIFTY DOLLARS;
TRAINERS, FIFTY DOLLARS; AND CHIEF SECONDS, FORTY DOLLARS. EACH  LICENSE
OR RENEWAL THEREOF ISSUED PURSUANT TO THIS SUBDIVISION ON OR AFTER OCTO-
BER  FIRST SHALL BE EFFECTIVE FOR A LICENSE YEAR EXPIRING ON THE THIRTI-
ETH DAY OF SEPTEMBER FOLLOWING THE DATE  OF  ITS  ISSUANCE.  THE  ANNUAL
LICENSE  FEE PRESCRIBED BY THIS SUBDIVISION SHALL BE THE LICENSE FEE DUE
AND PAYABLE THEREFOR AND SHALL BE PAID IN ADVANCE AT THE  TIME  APPLICA-
TION  IS MADE THEREFOR, AND EACH SUCH LICENSE MAY BE RENEWED FOR PERIODS
OF ONE YEAR UPON THE PAYMENT OF THE ANNUAL  LICENSE  FEE  PRESCRIBED  BY
THIS  SUBDIVISION.  WITHIN THREE YEARS FROM THE DATE OF PAYMENT AND UPON
THE AUDIT OF THE COMPTROLLER, THE COMMISSION MAY REFUND ANY FEE,  UNFOR-
FEITED  POSTED GUARANTEE OR TAX PAID PURSUANT TO THIS SECTION, FOR WHICH
NO LICENSE IS ISSUED OR NO SERVICE RENDERED OR REFUND  THAT  PORTION  OF
THE PAYMENT THAT IS IN EXCESS OF THE AMOUNT PRESCRIBED BY STATUTE.
  8.  APPLICATION FOR LICENSE; FINGERPRINTS. (A) EVERY APPLICATION FOR A
LICENSE SHALL BE IN WRITING, SHALL BE ADDRESSED TO THE COMMISSION, SHALL
BE SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM AS  TRUE  UNDER  THE
PENALTIES  OF  PERJURY, AND SHALL SET FORTH SUCH FACTS AS THE PROVISIONS
HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY REQUIRE.
  (B) WHEN AN APPLICATION IS MADE FOR A LICENSE UNDER THIS SECTION,  THE
COMMISSION  MAY  CAUSE  THE  FINGERPRINTS  OF SUCH APPLICANT, OR IF SUCH
APPLICANT BE A CORPORATION, OF THE OFFICERS OF SUCH CORPORATION,  OR  IF
SUCH  APPLICANT  BE  A  LIMITED  LIABILITY  COMPANY, THE MANAGER OF SUCH
LIMITED LIABILITY COMPANY TO BE TAKEN IN DUPLICATE. THE APPLICANT  SHALL
BE  RESPONSIBLE  FOR THE COST OF HAVING HIS FINGERPRINTS TAKEN.  IF SUCH
FINGERPRINTS ARE TAKEN, ONE COPY SHALL BE TRANSMITTED TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES IN ACCORDANCE WITH THE RULES  AND  REGULATIONS
OF  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AND ONE SHALL REMAIN ON
FILE IN THE OFFICE  OF  THE  COMMISSION.  NO  SUCH  FINGERPRINT  MAY  BE
INSPECTED  BY ANY PERSON, OTHER THAN A PEACE OFFICER, EXCEPT ON ORDER OF
A JUDGE OR JUSTICE OF A COURT OF RECORD.  THE DIVISION IS HEREBY AUTHOR-
IZED TO TRANSMIT CRIMINAL HISTORY INFORMATION TO THE COMMISSION FOR  THE
PURPOSES  OF THIS PARAGRAPH.  THE INFORMATION OBTAINED BY ANY SUCH FING-
ERPRINT EXAMINATION SHALL BE FOR THE GUIDANCE OF THE COMMISSION  IN  THE
EXERCISE  OF ITS DISCRETION IN GRANTING OR WITHHOLDING THE LICENSE.  THE
COMMISSION SHALL PROVIDE SUCH APPLICANT WITH A COPY OF HIS OR HER CRIMI-
NAL  HISTORY  RECORD,  IF  ANY,  TOGETHER  WITH  A   COPY   OF   ARTICLE
TWENTY-THREE-A  OF  THE CORRECTION LAW, AND INFORM SUCH APPLICANT OF HIS
OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT  INFORMATION  CONTAINED
IN SUCH RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES.  ALL DETERMINATIONS TO ISSUE,
RENEW, SUSPEND OR REVOKE A LICENSE SHALL  BE  MADE  IN  ACCORDANCE  WITH

A. 2604                             7

SUBDIVISION  SIXTEEN  OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
LAW AND ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  9.  STANDARDS  FOR THE ISSUANCE OF LICENSES. (A) IF IN THE JUDGMENT OF
THE COMMISSION THE FINANCIAL RESPONSIBILITY, EXPERIENCE,  CHARACTER  AND
GENERAL  FITNESS  OF AN APPLICANT, INCLUDING IN THE CASE OF CORPORATIONS
ITS OFFICERS AND STOCKHOLDERS, ARE SUCH THAT THE PARTICIPATION  OF  SUCH
APPLICANT  WILL  BE  CONSISTENT  WITH  THE  BEST  INTERESTS OF COMBATIVE
SPORTS, THE PURPOSES OF THIS SECTION INCLUDING  THE  SAFETY  OF  PROFES-
SIONAL  COMBATIVE  SPORTS  PARTICIPANTS,  AND  IN  THE  PUBLIC INTEREST,
CONVENIENCE OR NECESSITY,  THE  COMMISSION  SHALL  GRANT  A  LICENSE  IN
ACCORDANCE WITH THE PROVISIONS CONTAINED IN THIS SUBDIVISION.
  (B)  ANY  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT  APPLYING FOR A
LICENSE OR RENEWAL OF A LICENSE UNDER THIS SUBDIVISION SHALL  UNDERGO  A
COMPREHENSIVE  PHYSICAL  EXAMINATION INCLUDING CLINICAL NEUROLOGICAL AND
NEUROPSYCHOLOGICAL EXAMINATIONS BY A PHYSICIAN APPROVED BY  THE  COMMIS-
SION.  IF,  AT  THE TIME OF SUCH EXAMINATION, THERE IS ANY INDICATION OF
BRAIN INJURY, OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS  IT  APPROPRI-
ATE,  THE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT SHALL BE REQUIRED TO
UNDERGO FURTHER NEUROLOGICAL AND NEUROPSYCHOLOGICAL  EXAMINATIONS  BY  A
NEUROLOGIST  INCLUDING,  BUT  NOT  LIMITED  TO, A COMPUTED TOMOGRAPHY OR
MEDICALLY EQUIVALENT PROCEDURE. THE COMMISSION SHALL NOT ISSUE A LICENSE
TO A PROFESSIONAL COMBATIVE SPORTS PARTICIPANT UNTIL  SUCH  EXAMINATIONS
ARE  COMPLETED  AND  REVIEWED BY THE COMMISSION. THE RESULTS OF ALL SUCH
EXAMINATIONS HEREIN REQUIRED SHALL BECOME A  PART  OF  THE  PROFESSIONAL
COMBATIVE SPORTS PARTICIPANT'S PERMANENT MEDICAL RECORD AS MAINTAINED BY
THE  COMMISSION.  THE  COST  OF ALL SUCH EXAMINATIONS CALLED FOR IN THIS
SUBDIVISION SHALL BE ASSUMED BY  THE  STATE  IF  SUCH  EXAMINATIONS  ARE
PERFORMED BY A PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION.
  (C)  ANY PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED UNDER THIS
CHAPTER SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIAL-
ITY OF MEDICAL RECORDS RELATING TO TREATMENT OF ANY  PHYSICAL  CONDITION
WHICH RELATES TO HIS ABILITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO,
AND  ALL MEDICAL RECORDS OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION
RELATIVE TO THE PHYSICAL EXAMINATION OR CONDITION  OF  COMBATIVE  SPORTS
PARTICIPANTS  SHALL  BE  CONSIDERED  CONFIDENTIAL,  AND SHALL BE OPEN TO
EXAMINATION ONLY TO THE COMMISSION OR ITS AUTHORIZED REPRESENTATIVE,  TO
THE  LICENSED PARTICIPANT, MANAGER OR CHIEF SECOND UPON WRITTEN APPLICA-
TION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF  COMPETENT
JURISDICTION IN AN APPROPRIATE CASE.
  10.  FINANCIAL  INTEREST IN PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS
PROHIBITED. NO ENTITY SHALL HAVE, EITHER  DIRECTLY  OR  INDIRECTLY,  ANY
FINANCIAL  INTEREST  IN  A  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT
COMPETING ON PREMISES OWNED OR LEASED BY THE ENTITY, OR  IN  WHICH  SUCH
ENTITY  IS  OTHERWISE INTERESTED EXCEPT PURSUANT TO THE SPECIFIC WRITTEN
AUTHORIZATION OF THE COMMISSION.
  11. PAYMENTS NOT TO BE MADE BEFORE CONTESTS. NO PROFESSIONAL COMBATIVE
SPORTS PARTICIPANT SHALL BE PAID FOR SERVICES BEFORE  THE  CONTEST,  AND
SHOULD  IT BE DETERMINED BY THE COMMISSION THAT SUCH PARTICIPANT DID NOT
GIVE AN HONEST EXHIBITION OF HIS SKILL, SUCH SERVICE SHALL NOT  BE  PAID
FOR.
  12.  SHAM  OR  COLLUSIVE  EVENTS. (A) ANY PERSON, INCLUDING ANY CORPO-
RATION AND THE OFFICERS THEREOF, ANY PHYSICIAN, LIMITED LIABILITY COMPA-
NY, REFEREE, JUDGE, PROFESSIONAL COMBATIVE SPORTS PARTICIPANT,  MANAGER,
TRAINER OR CHIEF SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE
IN  ANY SHAM OR COLLUSIVE PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBI-
TION, SHALL BE DEPRIVED OF HIS LICENSE BY THE COMMISSION.

A. 2604                             8

  (B) NO LICENSED ENTITY SHALL KNOWINGLY ENGAGE IN A COURSE  OF  CONDUCT
IN  WHICH  PROFESSIONAL  COMBATIVE  SPORTS  MATCHES  OR  EXHIBITIONS ARE
ARRANGED WHERE ONE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT HAS  SKILLS
OR  EXPERIENCE  SIGNIFICANTLY IN EXCESS OF THE OTHER PROFESSIONAL COMBA-
TIVE SPORTS PARTICIPANT SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF
PHYSICAL  HARM TO THE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT. IF SUCH
ACTION OCCURS, THE COMMISSION MAY  EXERCISE  ITS  POWERS  TO  DISCIPLINE
UNDER  SUBDIVISIONS THIRTEEN AND FOURTEEN OF THIS SECTION, PROVIDED THAT
NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE THE COMMISSION TO  INTERVENE
OR  PROHIBIT  A PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION SOLELY
ON THE BASIS OF THE DIFFERENCE BETWEEN RESPECTIVE PARTICIPANT'S  MARTIAL
ARTS DISCIPLINES.
  13. IMPOSITION OF PENALTIES FOR VIOLATIONS. ANY ENTITY, LICENSED UNDER
THE PROVISIONS OF THIS SECTION, THAT SHALL KNOWINGLY VIOLATE ANY RULE OR
ORDER OF THE COMMISSION OR ANY PROVISION OF THIS SECTION, IN ADDITION TO
ANY  OTHER PENALTY BY LAW PRESCRIBED, SHALL BE LIABLE TO A CIVIL PENALTY
NOT EXCEEDING FIVE THOUSAND DOLLARS TO BE IMPOSED BY THE COMMISSION,  TO
BE  SUED  FOR  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK IF DIRECTED BY  THE  COMMISSION.  THE  AMOUNT  OF  THE
PENALTY  COLLECTED BY THE COMMISSION OR RECOVERED IN ANY SUCH ACTION, OR
PAID TO THE COMMISSION UPON A COMPROMISE AS HEREINAFTER PROVIDED,  SHALL
BE  TRANSMITTED  BY  THE DEPARTMENT OF STATE INTO THE STATE TREASURY AND
CREDITED TO THE GENERAL FUND.  THE  COMMISSION,  FOR  CAUSE  SHOWN,  MAY
EXTEND  THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY
ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY  AS  IMPOSED  IN  SETTLEMENT
THEREOF.
  14. REVOCATION OR SUSPENSION OF LICENSES. (A) ANY LICENSE ISSUED UNDER
THE  PROVISIONS  OF  THIS  SECTION  MAY  BE  REVOKED OR SUSPENDED BY THE
COMMISSION FOR THE REASON THEREIN STATED, THAT THE LICENSEE HAS, IN  THE
JUDGMENT  OF  THE  COMMISSION,  BEEN GUILTY OF AN ACT DETRIMENTAL TO THE
INTERESTS OF COMBATIVE SPORTS  GENERALLY  OR  TO  THE  PUBLIC  INTEREST,
CONVENIENCE OR NECESSITY.
  (B)  WITHOUT  OTHERWISE  LIMITING  THE DISCRETION OF THE COMMISSION AS
PROVIDED IN THIS SECTION, THE COMMISSION MAY SUSPEND OR REVOKE A LICENSE
OR REFUSE TO RENEW OR ISSUE A LICENSE, IF IT SHALL FIND THAT THE  APPLI-
CANT  OR PARTICIPANT: (1) HAS BEEN CONVICTED OF A CRIME IN ANY JURISDIC-
TION; (2) IS ASSOCIATING OR  CONSORTING  WITH  ANY  PERSON  WHO  HAS  OR
PERSONS WHO HAVE BEEN CONVICTED OF A CRIME OR CRIMES IN ANY JURISDICTION
OR  JURISDICTIONS;  (3)  HAS  BEEN  GUILTY  OF OR ATTEMPTED ANY FRAUD OR
MISREPRESENTATION IN CONNECTION WITH COMBATIVE SPORTS; (4) HAS  VIOLATED
OR  ATTEMPTED TO VIOLATE ANY LAW WITH RESPECT TO COMBATIVE SPORTS IN ANY
JURISDICTION OR ANY RULE, REGULATION OR  ORDER  OF  THE  COMMISSION,  OR
SHALL  HAVE  VIOLATED ANY RULE OF COMBATIVE SPORTS WHICH SHALL HAVE BEEN
APPROVED OR ADOPTED BY THE COMMISSION, OR HAS BEEN GUILTY OF OR  ENGAGED
IN  SIMILAR, RELATED OR LIKE PRACTICES; OR (5) HAS NOT ACTED IN THE BEST
INTEREST OF MIXED MARTIAL ARTS.   ALL DETERMINATIONS  TO  ISSUE,  RENEW,
SUSPEND OR REVOKE A LICENSE SHALL BE MADE IN ACCORDANCE WITH SUBDIVISION
SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI-
CLE TWENTY-THREE-A OF THE CORRECTION LAW AS APPLICABLE.
  (C)  NO  SUCH  PARTICIPANT  MAY, UNDER ANY   CIRCUMSTANCES, COMPETE OR
APPEAR IN A PROFESSIONAL COMBATIVE SPORTS  MATCH  OR  EXHIBITION  WITHIN
NINETY  DAYS  OF HAVING SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN ANY
SUCH MATCH OR EXHIBITION WITHOUT CLEARANCE BY THE BOARD, OR WITHIN NINE-
TY DAYS OF BEING RENDERED UNCONSCIOUS IN ANY SUCH  MATCH  OR  EXHIBITION
WHERE  THERE  IS  EVIDENCE OF HEAD TRAUMA AS DETERMINED BY THE ATTENDING
COMMISSION PHYSICIAN AND SHALL UNDERGO  SUCH  EXAMINATIONS  AS  REQUIRED

A. 2604                             9

UNDER  PARAGRAPH  (B) OF SUBDIVISION TWENTY OF THIS SECTION. THE PROFES-
SIONAL COMBATIVE SPORTS PARTICIPANT SHALL BE CONSIDERED  SUSPENDED  FROM
PROFESSIONAL  COMBATIVE  SPORTS MATCHES OR EXHIBITIONS BY THE COMMISSION
AND  SHALL  FORFEIT HIS LICENSE TO THE COMMISSION DURING SUCH PERIOD AND
SUCH LICENSE SHALL NOT BE RETURNED TO THE PARTICIPANT UNTIL THE  PARTIC-
IPANT HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR REINSTATEMENT
OF  SUCH  LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN THE PARTIC-
IPANT'S LICENSE BY A COMMISSION OFFICIAL.
  (D) THE COMMISSION MAY AT ANY TIME SUSPEND, REVOKE OR DENY  A  PARTIC-
IPANT'S  LICENSE  OR TEMPORARY WORKING PERMIT FOR MEDICAL REASONS AT THE
RECOMMENDATION OF THE BOARD.
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  IF  ANY  OTHER  STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE OR APPEAR IN A PROFESSIONAL
COMBATIVE  SPORTS  MATCH  OR EXHIBITION IN THAT STATE BASED ON A KNOWING
AND INTENTIONAL ENGAGEMENT IN ANY PROHIBITED PRACTICES  OF  SUCH  STATE,
THE  COMMISSION  MAY ACT TO REVOKE ANY LICENSE TO COMPETE OR APPEAR IN A
PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION ISSUED TO SUCH  LICEN-
SEE PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (F)  THE  COMMISSION  MAY SUSPEND ANY LICENSE IT HAS ISSUED BY A DATED
NOTICE TO THAT EFFECT TO THE SUSPENDED LICENSEE, MAILED OR DELIVERED  TO
THE  LICENSEE, AND SPECIFYING THE EFFECTIVE DATE AND TERM OF THE SUSPEN-
SION, PROVIDED HOWEVER THAT THE COMMISSION REPRESENTATIVE IN CHARGE OF A
CONTEST OR EXHIBITION MAY THEN AND THERE TEMPORARILY SUSPEND ANY LICENSE
ISSUED BY THE COMMISSION WITHOUT SUCH NOTICE. IN THE EVENT OF  A  TEMPO-
RARY  SUSPENSION, THE COMMISSION SHALL MAIL OR DELIVER THE NOTICE TO THE
SUSPENDED LICENSEE  WITHIN  THREE  BUSINESS  DAYS  AFTER  THE  TEMPORARY
SUSPENSION.  IN  EITHER  CASE SUCH SUSPENSION MAY BE WITHOUT ANY ADVANCE
HEARING. UPON THE RECEIPT OF SUCH NOTICE OF  SUSPENSION,  THE  SUSPENDED
LICENSEE  MAY  APPLY  TO  THE  COMMISSION FOR A HEARING ON THE MATTER TO
DETERMINE WHETHER SUCH SUSPENSION SHOULD BE RESCINDED. SUCH  APPLICATION
FOR  A HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE COMMISSION
WITHIN THIRTY DAYS AFTER THE DATE OF NOTICE OF SUSPENSION.  THE  COMMIS-
SION SHALL HAVE THE AUTHORITY TO REVOKE ANY LICENSE ISSUED BY IT. BEFORE
ANY  LICENSE IS SO REVOKED, THE LICENSEE WILL BE OFFERED THE OPPORTUNITY
AT A HEARING HELD BY OR ON BEHALF OF THE COMMISSION TO  SHOW  CAUSE  WHY
THE LICENSE SHOULD NOT BE REVOKED. THE COMMISSION SHALL OFFER THE OPPOR-
TUNITY  FOR  A  HEARING  TO  AN  AFFECTED PERSON BEFORE TAKING ANY FINAL
ACTION NEGATIVELY AFFECTING SUCH PERSON'S INDIVIDUAL PRIVILEGES OR PROP-
ERTY GRANTED BY A LICENSE DULY ISSUED BY THE COMMISSION  OR  A  CONTRACT
APPROVED  BY AND FILED WITH THE COMMISSION. IN ALL SUCH HEARINGS, LICEN-
SEES AND OTHER WITNESSES SHALL TESTIFY UNDER OATH OR AFFIRMATION,  WHICH
MAY  BE ADMINISTERED BY ANY COMMISSIONER OR AUTHORIZED REPRESENTATIVE OF
THE COMMISSION ACTUALLY PRESENT. THE COMMISSION SHALL BE THE SOLE  JUDGE
OF  THE  RELEVANCY  AND  COMPETENCY OF TESTIMONY AND OTHER EVIDENCE, THE
CREDIBILITY OF WITNESSES, AND THE SUFFICIENCY OF EVIDENCE. HEARINGS  MAY
BE  CONDUCTED  BY REPRESENTATIVES OF THE COMMISSION IN THE DISCRETION OF
THE COMMISSION. IN SUCH CASES, THE COMMISSION REPRESENTATIVES CONDUCTING
THE HEARING SHALL SUBMIT FINDINGS OF FACT  AND  RECOMMENDATIONS  TO  THE
COMMISSION, WHICH SHALL NOT BE BINDING ON THE COMMISSION.
  15.  ADVERTISING MATTER TO STATE ADMISSION PRICE. IT SHALL BE THE DUTY
OF EVERY ENTITY PROMOTING OR CONDUCTING A PROFESSIONAL COMBATIVE  SPORTS
MATCH  OR  EXHIBITION SUBJECT TO THE PROVISIONS OF THIS SECTION TO CAUSE
TO BE INSERTED IN EACH SHOW CARD, BILL, POSTER, NEWSPAPER  ADVERTISEMENT
OF  ANY  PROFESSIONAL  COMBATIVE SPORTS MATCH OR EXHIBITION GIVEN BY IT,
THE PRICE OF ADMISSION THERETO. VIOLATION  OF  THE  PROVISIONS  OF  THIS
SUBDIVISION SHALL SUBJECT THE ENTITY TO A FINE OF ONE HUNDRED DOLLARS.

A. 2604                            10

  16.  TICKETS  TO  INDICATE PURCHASE PRICE. ALL TICKETS OF ADMISSION TO
ANY SUCH COMBATIVE SPORTS MATCH OR EXHIBITION SHALL BE CONTROLLED BY THE
PROVISIONS OF ARTICLE TWENTY-FIVE OF THE ARTS AND CULTURAL AFFAIRS  LAW.
IT SHALL BE UNLAWFUL FOR ANY ENTITY TO ADMIT TO SUCH MATCH OR EXHIBITION
A  NUMBER OF PEOPLE GREATER THAN THE SEATING CAPACITY OF THE PLACE WHERE
SUCH MATCH OR EXHIBITION IS HELD. VIOLATION OF THIS SUBDIVISION SHALL BE
A MISDEMEANOR AND SHALL BE PUNISHABLE AS  SUCH  AND  IN  ADDITION  SHALL
INCUR FORFEITURE OF LICENSE.
  17.  EQUIPMENT  OF BUILDINGS FOR MATCHES OR EXHIBITIONS. ALL BUILDINGS
OR STRUCTURES USED OR INTENDED TO BE USED FOR  HOLDING  OR  GIVING  SUCH
PROFESSIONAL  COMBATIVE  SPORTS MATCHES OR EXHIBITIONS SHALL BE PROPERLY
VENTILATED AND PROVIDED WITH FIRE EXITS AND FIRE  ESCAPES,  AND  IN  ALL
MANNER  CONFORM  TO  THE  LAWS, ORDINANCES AND REGULATIONS PERTAINING TO
BUILDINGS IN THE CITY, TOWN OR VILLAGE WHERE SITUATED.
  18. AGE OF PARTICIPANTS AND SPECTATORS.  NO PERSON UNDER  THE  AGE  OF
EIGHTEEN  YEARS  SHALL  PARTICIPATE IN ANY PROFESSIONAL COMBATIVE SPORTS
MATCH OR EXHIBITION, AND NO PERSON UNDER SIXTEEN YEARS OF AGE  SHALL  BE
PERMITTED  TO  ATTEND  AS  A SPECTATOR; PROVIDED, HOWEVER, THAT A PERSON
UNDER THE AGE OF SIXTEEN SHALL BE PERMITTED TO ATTEND AS A SPECTATOR  IF
ACCOMPANIED BY A PARENT OR GUARDIAN.
  19.  REGULATION  OF  CONDUCT OF MATCHES OR EXHIBITIONS. (A) EXCEPT FOR
CHAMPIONSHIP MATCHES, WHICH SHALL NOT  BE  MORE  THAN  FIVE  ROUNDS,  NO
COMBATIVE  SPORTS MATCH OR EXHIBITION SHALL BE MORE THAN THREE ROUNDS IN
LENGTH.  NO PARTICIPANT SHALL BE ALLOWED TO  PARTICIPATE  IN  MORE  THAN
THREE  MATCHES  OR  EXHIBITIONS  OR  COMPETE FOR MORE THAN SIXTY MINUTES
WITHIN SEVENTY-TWO CONSECUTIVE HOURS.  NO PARTICIPANT SHALL  BE  ALLOWED
TO  COMPETE IN ANY SUCH MATCH OR EXHIBITION WITHOUT WEARING A MOUTHGUARD
AND A PROTECTIVE GROIN CUP.  AT EACH PROFESSIONAL COMBATIVE SPORTS MATCH
OR EXHIBITION, THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE  WHO
SHALL  DIRECT  AND  CONTROL  THE  SAME. BEFORE STARTING SUCH CONTEST THE
REFEREE SHALL ASCERTAIN FROM EACH PARTICIPANT THE NAME OF HIS MANAGER OR
CHIEF SECOND, AND SHALL HOLD SUCH MANAGER OR  CHIEF  SECOND  RESPONSIBLE
FOR  THE  CONDUCT  OF  HIS  ASSISTANT SECONDS DURING THE PROGRESS OF THE
MATCH OR EXHIBITION.   THE  COMMISSION  SHALL  HAVE  THE  POWER  IN  ITS
DISCRETION TO DECLARE FORFEITED ANY PRIZE, REMUNERATION OR PURSE, OR ANY
PART THEREOF, BELONGING TO THE PARTICIPANTS OR ONE OF THEM, OR THE SHARE
THEREOF  OF ANY MANAGER OR CHIEF SECOND IF IN ITS JUDGMENT, SUCH PARTIC-
IPANT OR PARTICIPANTS ARE NOT HONESTLY COMPETING OR THE  PARTICIPANT  OR
MANAGER  OR  CHIEF  SECOND  OF  A  PARTICIPANT,  AS THE CASE MAY BE, HAS
COMMITTED AN ACT IN THE PREMISES IN VIOLATION  OF  ANY  RULE,  ORDER  OR
REGULATION  OF  THE  COMMISSION.  THE  AMOUNT SO FORFEITED SHALL BE PAID
WITHIN FORTY-EIGHT HOURS TO THE  COMMISSION.  THERE  SHALL  ALSO  BE  IN
ATTENDANCE,  THREE  DULY LICENSED JUDGES WHO SHALL AT THE TERMINATION OF
EACH SUCH COMBATIVE SPORTS MATCH OR EXHIBITION  RENDER  THEIR  DECISION.
THE WINNER OF SUCH MATCH OR EXHIBITION SHALL BE DETERMINED IN ACCORDANCE
WITH  A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.  PROVIDED, HOWEVER,
THAT A PARTICIPANT MAY TERMINATE THE CONTEST BY SIGNALLING TO THE REFER-
EE THAT SUCH PARTICIPANT SUBMITS TO THE OPPONENT.
  (B) THE COMMISSION MAY BY RULE, REGULATION OR ORDER, REQUIRE THE PRES-
ENCE OF ANY MEDICAL EQUIPMENT AND PERSONNEL AT EACH PROFESSIONAL  COMBA-
TIVE  SPORTS  MATCH  OR EXHIBITION AS IS NECESSARY OR BENEFICIAL FOR THE
SAFETY AND PROTECTION OF THE CONTESTANTS; AND MAY ALSO REQUIRE THE PRES-
ENCE OF AN AMBULANCE OR OTHER APPARATUS AT THE SITE OF ANY SUCH MATCH OR
EXHIBITION OR THE PROMULGATION OF AN  EMERGENCY  MEDICAL  PLAN  IN  LIEU
THEREOF.

A. 2604                            11

  (C) THE COMMISSION SHALL PRESCRIBE BY RULE OR REGULATION THE RESPONSI-
BILITIES  OF  MANAGERS,  TRAINERS AND CHIEF SECONDS PRIOR TO, DURING AND
AFTER A COMBATIVE SPORTS MATCH OR EXHIBITION IN  ORDER  TO  PROMOTE  THE
SAFETY OF THE PARTICIPANTS AT ALL TIMES.
  (D)  THE  COMMISSION  SHALL  REQUIRE  BY  RULE  OR REGULATION THAT ANY
PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED  UNDER  THIS  SECTION
PRESENT  TO A DESIGNATED COMMISSION OFFICIAL, BEFORE EACH MATCH OR EXHI-
BITION IN WHICH HE FIGHTS IN THIS STATE, A LICENSE WHICH  SHALL  INCLUDE
BUT  NOT  BE LIMITED TO THE FOLLOWING INFORMATION: (1) THE PARTICIPANT'S
NAME, PHOTOGRAPH, SOCIAL SECURITY NUMBER, DATE OF BIRTH, AND OTHER IDEN-
TIFYING INFORMATION; (2) THE PARTICIPANT'S  PRIOR  MATCH  OR  EXHIBITION
HISTORY  INCLUDING  THE DATES, LOCATION, AND DECISION OF SUCH MATCHES OR
EXHIBITIONS; AND (3) THE PARTICIPANT'S MEDICAL HISTORY, RELATING TO  ANY
PHYSICAL CONDITION, MEDICAL TEST OR PROCEDURE WHICH RELATES TO HIS ABIL-
ITY TO FIGHT, AND A RECORD OF ALL MEDICAL SUSPENSIONS.
  20. EXAMINATION BY PHYSICIAN; COST. (A) ALL PARTICIPANTS MUST BE EXAM-
INED  BY  A  PHYSICIAN  DESIGNATED BY THE COMMISSION BEFORE ENTERING THE
RING AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE  COMMISSION
A  WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH EXAMINATION,
AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE COMMISSION, SHALL
BE PAID BY THE ENTITY CONDUCTING THE MATCH OR EXHIBITION TO THE  COMMIS-
SION,  WHICH  SHALL THEN PAY THE FEE COVERING SUCH COST TO THE EXAMINING
PHYSICIAN, IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
  (B) ANY PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED OR  PERMIT-
TED  UNDER THIS SECTION RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA AS
DETERMINED BY THE ATTENDING PHYSICIAN SHALL BE IMMEDIATELY  EXAMINED  BY
THE  ATTENDING  COMMISSION  PHYSICIAN  AND  SHALL BE REQUIRED TO UNDERGO
NEUROLOGICAL  AND  NEUROPSYCHOLOGICAL  EXAMINATIONS  BY  A   NEUROLOGIST
INCLUDING  BUT  NOT LIMITED TO A COMPUTED TOMOGRAPHY OR MEDICALLY EQUIV-
ALENT PROCEDURE. ANY PARTICIPANT SO INJURED  SHALL  NOT  APPEAR  IN  ANY
MATCH  OR  EXHIBITION UNTIL RESULTS OF SUCH EXAMINATIONS ARE REVIEWED BY
THE COMMISSION. THE RESULTS OF ALL  SUCH  EXAMINATIONS  HEREIN  REQUIRED
SHALL  BECOME  A  PART OF THE PARTICIPANT'S PERMANENT MEDICAL RECORDS AS
MAINTAINED BY THE COMMISSION AND SHALL BE  USED  BY  THE  COMMISSION  TO
DETERMINE  WHETHER  A  PARTICIPANT  SHALL  BE PERMITTED TO APPEAR IN ANY
FUTURE PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION.  THE COSTS  OF
ALL  SUCH  EXAMINATIONS CALLED FOR IN THIS PARAGRAPH SHALL BE ASSUMED BY
THE ENTITY OR PROMOTER IF SUCH EXAMINATIONS ARE PERFORMED BY A PHYSICIAN
APPROVED BY THE COMMISSION.
  (C) THE COMMISSION MAY AT ANY TIME REQUIRE  A  LICENSED  OR  PERMITTED
PARTICIPANT  TO UNDERGO A PHYSICAL EXAMINATION, INCLUDING ANY NEUROLOGI-
CAL OR NEUROPSYCHOLOGICAL TEST OR PROCEDURE. THE COST OF SUCH EXAM SHALL
BE ASSUMED BY THE STATE.
  21. PHYSICIAN TO BE IN ATTENDANCE; POWERS OF SUCH  PHYSICIAN.  (A)  IT
SHALL BE THE DUTY OF EVERY ENTITY LICENSED TO CONDUCT A COMBATIVE SPORTS
MATCH  OR EXHIBITION, TO HAVE IN ATTENDANCE AT EVERY MATCH OR EXHIBITION
AT LEAST ONE PHYSICIAN DESIGNATED BY THE COMMISSION AS THE  RULES  SHALL
PROVIDE.  THE  COMMISSION MAY ESTABLISH A SCHEDULE OF FEES TO BE PAID BY
THE LICENSEE TO COVER THE COST OF SUCH ATTENDANCE. SUCH  FEES  SHALL  BE
PAID TO THE COMMISSION, WHICH SHALL THEN PAY SUCH FEES TO THE PHYSICIANS
ENTITLED THERETO, IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
  (B)  THE  PHYSICIAN  SHALL TERMINATE ANY PROFESSIONAL COMBATIVE SPORTS
MATCH OR EXHIBITION IF IN THE OPINION OF SUCH PHYSICIAN ANY  PARTICIPANT
HAS RECEIVED SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJU-
RY.  IN  THE  EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL
IMMEDIATELY RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND  FURTHER

A. 2604                            12

TREATMENT  OR  HOSPITALIZATION  IF REQUIRED, AND FULLY REPORT THE ENTIRE
MATTER TO THE COMMISSION WITHIN  TWENTY-FOUR  HOURS  AND  IF  NECESSARY,
SUBSEQUENTLY  THEREAFTER.  SUCH  PHYSICIAN  MAY  ALSO  REQUIRE  THAT THE
INJURED  PARTICIPANT  AND HIS MANAGER OR CHIEF SECOND REMAIN IN THE RING
OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER THE  CONTEST  FOR  SUCH
PERIOD OF TIME AS SUCH PHYSICIAN DEEMS ADVISABLE.
  (C)  SUCH  PHYSICIAN  MAY  ENTER THE RING AT ANY TIME DURING A PROFES-
SIONAL COMBATIVE SPORTS MATCH OR EXHIBITION AND MAY TERMINATE THE  MATCH
OR  EXHIBITION IF IN HIS OPINION THE SAME IS NECESSARY TO PREVENT SEVERE
PUNISHMENT OR SERIOUS PHYSICAL INJURY TO A PARTICIPANT.
  22. BOND. BEFORE A LICENSE SHALL BE GRANTED TO AN ENTITY TO CONDUCT  A
PROFESSIONAL  COMBATIVE  SPORTS MATCH OR EXHIBITION, THE APPLICANT SHALL
EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT TO  BE  DETER-
MINED  BY  THE  COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY OF
SURETIES THEREON  BY  THE  COMPTROLLER,  CONDITIONED  FOR  THE  FAITHFUL
PERFORMANCE  BY  SUCH  ENTITY  OF THE PROVISIONS OF THIS SECTION AND THE
RULES AND REGULATIONS  OF  THE  COMMISSION,  AND  UPON  THE  FILING  AND
APPROVAL  OF  SUCH  BOND THE COMPTROLLER SHALL ISSUE TO SUCH APPLICANT A
CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE BY  SUCH  APPLI-
CANT  FILED  IN  THE  OFFICE  OF THE COMMISSION WITH ITS APPLICATION FOR
LICENSE, AND NO SUCH LICENSE SHALL  BE  ISSUED  UNTIL  SUCH  CERTIFICATE
SHALL  BE  FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE COMMISSION
MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE  ATTOR-
NEY  GENERAL  IN  THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN THE
SAME MANNER AS OTHER PENALTIES ARE  RECOVERED  BY  LAW;  ANY  AMOUNT  SO
RECOVERED SHALL BE PAID INTO THE TREASURY.
  23.  BOND  FOR PURSES, SALARIES AND OTHER EXPENSES. IN ADDITION TO THE
BOND REQUIRED BY SUBDIVISION TWENTY-TWO OF THIS SECTION, EACH  APPLICANT
FOR  A LICENSE TO CONDUCT PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHI-
BITIONS SHALL EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN  AMOUNT
TO  BE DETERMINED BY THE COMMISSION TO BE APPROVED AS TO FORM AND SUFFI-
CIENCY OF SURETIES THEREON BY THE COMPTROLLER, CONDITIONED FOR AND GUAR-
ANTEEING THE PAYMENT  OF  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS'
PURSES,  SALARIES  OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, AND THE
LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL.
  24. DUTY TO PROVIDE  INSURANCE  FOR  LICENSED  PROFESSIONAL  COMBATIVE
SPORTS  PARTICIPANTS.    (A)  ALL  ENTITIES HAVING LICENSES AS PROMOTERS
SHALL CONTINUOUSLY PROVIDE INSURANCE  FOR  THE  PROTECTION  OF  LICENSED
PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS, APPEARING IN PROFESSIONAL
COMBATIVE SPORTS MATCHES OR EXHIBITIONS.  SUCH INSURANCE COVERAGE  SHALL
PROVIDE  FOR REIMBURSEMENT TO THE LICENSED ATHLETE FOR MEDICAL, SURGICAL
AND HOSPITAL CARE, WITH A MINIMUM LIMIT OF FIFTY  THOUSAND  DOLLARS  FOR
INJURIES SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE
CONTROL OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF ONE HUNDRED THOU-
SAND  DOLLARS  TO THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS
OCCASIONED BY INJURIES RECEIVED DURING THE COURSE OF A MATCH OR  EXHIBI-
TION  IN WHICH SUCH LICENSED ATHLETE PARTICIPATED UNDER THE PROMOTION OR
CONTROL OF ANY LICENSED PROMOTER.  THE COMMISSION MAY FROM TIME TO TIME,
IN ITS DISCRETION, INCREASE THE AMOUNT OF SUCH MINIMUM LIMITS.
  (B) THE FAILURE TO PAY PREMIUMS ON SUCH INSURANCE AS  IS  REQUIRED  BY
PARAGRAPH  (A)  OF THIS SUBDIVISION SHALL BE CAUSE FOR THE SUSPENSION OR
THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING PROMOTER.
  25. NOTICE OF CONTEST; COLLECTION OF TAX. (A) EVERY ENTITY HOLDING ANY
PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION FOR WHICH AN ADMISSION
FEE IS CHARGED OR RECEIVED, SHALL NOTIFY  THE  ATHLETIC  COMMISSION  TEN

A. 2604                            13

DAYS IN ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION
TO  ANY  SUCH  MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY
AUTHORIZED BY THE STATE ATHLETIC COMMISSION TO PRINT  SUCH  TICKETS  AND
SHALL BEAR CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION
OF  SAME.  AN  ENTITY FAILING TO FULLY COMPLY WITH THIS SECTION SHALL BE
SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS TO BE COLLECTED BY AND PAID
TO THE DEPARTMENT OF STATE. AN ENTITY IS PROHIBITED FROM  OPERATING  ANY
MATCHES OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS SUBDIVI-
SION  AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINETEEN
OF THE TAX LAW HAVE BEEN PAID.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES OR OFFICERS OF THE ATHLETIC COMMISSION SHALL ACT AS AGENTS  OF
THE  COMMISSIONER  OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY
ARTICLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION  SHALL  PROVIDE
THE COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECH-
NICAL  ASSISTANCE  AS  MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF
SUCH TAX.
  26. REGULATION OF JUDGES. (A) JUDGES FOR  ANY  PROFESSIONAL  COMBATIVE
SPORTS  MATCH  OR  EXHIBITION  UNDER  THE JURISDICTION OF THE COMMISSION
SHALL BE SELECTED BY THE COMMISSION FROM A LIST  OF  QUALIFIED  LICENSED
JUDGES MAINTAINED BY THE COMMISSION.
  (B)  ANY  PROFESSIONAL  COMBATIVE  SPORT PARTICIPANT, MANAGER OR CHIEF
SECOND MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A PROFESSIONAL COMBATIVE
SPORTS MATCH OR EXHIBITION AND  THE  PROTESTING  PROFESSIONAL  COMBATIVE
SPORTS  PARTICIPANT, MANAGER OR CHIEF SECOND MAY BE HEARD BY THE COMMIS-
SION OR ITS DESIGNEE IF SUCH  PROTEST  IS  TIMELY.  IF  THE  PROTEST  IS
UNTIMELY IT SHALL BE SUMMARILY REJECTED.
  (C)  EACH  PERSON  SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION
SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF  AN  EYE  EXAMINATION
AND  ANNUALLY  THEREAFTER  ON  THE  ANNIVERSARY  OF  THE ISSUANCE OF THE
LICENSE. EACH PERSON SEEKING TO BE A PROFESSIONAL COMBATIVE SPORTS JUDGE
IN THE STATE SHALL BE CERTIFIED AS HAVING COMPLETED A  TRAINING  PROGRAM
AS  APPROVED  BY THE COMMISSION AND SHALL HAVE PASSED A WRITTEN EXAMINA-
TION APPROVED BY THE COMMISSION COVERING ASPECTS OF PROFESSIONAL  COMBA-
TIVE  SPORTS  INCLUDING, BUT NOT LIMITED TO, THE RULES OF THE SPORT, THE
LAW OF THE STATE RELATING TO THE COMMISSION, AND BASIC  FIRST  AID.  THE
COMMISSION  SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS TO KEEP LICEN-
SEES CURRENT ON AREAS OF REQUIRED KNOWLEDGE.
  (D) EACH PERSON SEEKING A  LICENSE  TO  BE  A  PROFESSIONAL  COMBATIVE
SPORTS  JUDGE  IN  THIS  STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL
QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY  THE
COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY
THE  COMMISSION  AND  SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
POTENTIAL  CONFLICTS  OF  INTEREST  AS  WELL  AS  APPEARANCES  OF   SUCH
CONFLICTS,  INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS
OF ANY PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION, EACH COMBATIVE
SPORTS JUDGE SHALL FILE  WITH  THE  COMMISSION  A  FINANCIAL  DISCLOSURE
STATEMENT  IN SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE COMMIS-
SION.
  (E) ONLY A PERSON LICENSED BY THE COMMISSION MAY JUDGE A  PROFESSIONAL
COMBATIVE SPORTS MATCH OR EXHIBITION.
  27. TRAINING FACILITIES. (A) THE COMMISSION MAY, IN ITS DISCRETION AND
IN  ACCORDANCE WITH REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE
HEALTH AND SAFETY OF PROFESSIONAL COMBATIVE SPORT PARTICIPANTS IN TRAIN-
ING, ISSUE A LICENSE TO OPERATE A TRAINING  FACILITY  PROVIDING  CONTACT

A. 2604                            14

SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFES-
SIONAL  COMBATIVE  SPORT PARTICIPANTS. THE REGULATIONS OF THE COMMISSION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING SUBJECTS TO  PROTECT
THE HEALTH AND SAFETY OF PROFESSIONAL COMBATIVE SPORT PARTICIPANTS:
  (1) REQUIREMENTS FOR FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE
LOCATION  ON  THE  PREMISES  AND  FOR  THE PRESENCE ON THE PREMISES OF A
PERSON TRAINED AND CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES
FOR CARDIO-PULMONARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILI-
TY IS OPEN FOR TRAINING PURPOSES;
  (2) PROMINENT POSTING ADJACENT TO AN ACCESSIBLE TELEPHONE OF THE TELE-
PHONE NUMBER FOR EMERGENCY MEDICAL SERVICES AT THE NEAREST HOSPITAL;
  (3) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, LOCKER ROOMS AND  FOOD
SERVING AND STORAGE AREAS;
  (4)  ADEQUATE  VENTILATION  AND  LIGHTING  OF  ACCESSIBLE AREAS OF THE
TRAINING FACILITY;
  (5) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING IN
TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE FACILITY
OPERATOR;
  (6) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (7) INSPECTION AND APPROVAL OF RINGS AS REQUIRED BY SUBDIVISION THIRTY
OF THIS SECTION; AND
  (8) ESTABLISHMENT OF A  POLICY  FOR  POSTING  ALL  COMMISSION  LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING  PROVISIONS  FOR  ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY
THE FACILITY OPERATOR.
  (B) A PROSPECTIVE LICENSEE SHALL SUBMIT TO THE COMMISSION  PROOF  THAT
IT  CAN  FURNISH  SUITABLE  FACILITIES  IN  WHICH  THE TRAINING IS TO BE
CONDUCTED, INCLUDING THE MAKING OF SUCH  TRAINING  FACILITIES  AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
  28.  TEMPORARY  TRAINING  FACILITIES.  ANY TRAINING FACILITY PROVIDING
CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY BASIS FOR THE
PURPOSE OF PREPARING A PROFESSIONAL COMBATIVE SPORT  PARTICIPANT  FOR  A
SPECIFIC  PROFESSIONAL  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION  TO  BE
CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF NEW YORK  SHALL  BE  EXEMPT
FROM  THIS  ACT  INSOFAR AS IT CONCERNS THE LICENSING OF SUCH FACILITIES
IF, IN THE JUDGMENT OF THE COMMISSION, ESTABLISHMENT AND MAINTENANCE  OF
SUCH  FACILITY  WILL  BE  CONSISTENT WITH THE PURPOSES AND PROVISIONS OF
THIS CHAPTER, THE BEST INTERESTS OF PROFESSIONAL COMBATIVE SPORTS GENER-
ALLY, AND THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY.
  29. WEIGHTS; CLASSES AND RULES. THE WEIGHTS AND CLASSES  OF  COMBATIVE
SPORT  PARTICIPANTS AND THE RULES AND REGULATIONS OF PROFESSIONAL COMBA-
TIVE SPORTS SHALL BE PRESCRIBED BY THE COMMISSION.
  30. RINGS OR FIGHTING AREAS.  NO PROFESSIONAL COMBATIVE  SPORTS  MATCH
OR  EXHIBITION  OR  TRAINING  ACTIVITY SHALL BE PERMITTED IN ANY RING OR
FIGHTING AREA UNLESS SUCH RING OR FIGHTING AREA HAS BEEN  INSPECTED  AND
APPROVED  BY  THE  COMMISSION.  THE  COMMISSION SHALL PRESCRIBE STANDARD
ACCEPTABLE SIZE AND QUALITY REQUIREMENTS FOR RINGS OR FIGHTING AREAS AND
APPURTENANCES THERETO.
  31. MISDEMEANOR. ANY ENTITY WHO INTENTIONALLY, DIRECTLY OR  INDIRECTLY
CONDUCTS,  HOLDS OR GIVES A PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHI-
BITION OR PARTICIPATES EITHER DIRECTLY OR INDIRECTLY IN ANY  SUCH  MATCH
OR  EXHIBITION  AS A REFEREE, JUDGE, CORPORATION TREASURER, PROFESSIONAL
COMBATIVE  SPORTS  PARTICIPANT,  MANAGER,  PROMOTER,  TRAINER  OR  CHIEF
SECOND,  WITHOUT  FIRST HAVING PROCURED AN APPROPRIATE LICENSE OR PERMIT
AS PRESCRIBED IN THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.

A. 2604                            15

  S 3. Section 6 of chapter 912 of the laws  of  1920  relating  to  the
regulation  of boxing, sparring and wrestling, as amended by chapter 437
of the laws of 2002 and subdivision 1 as designated and subdivision 2 as
added by chapter 673 of the laws of 2003, is amended to read as follows:
  S  6.  Jurisdiction  of  commission.  1. The commission shall have and
hereby is vested with the sole direction, management, control and juris-
diction over all such boxing and  sparring  matches  or  exhibitions  OR
PROFESSIONAL  COMBATIVE  SPORTS  MATCHES OR EXHIBITIONS to be conducted,
held or given within the state of New York and over all licenses to  any
and  all  persons  who participate in such boxing or sparring matches or
exhibitions OR PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS  and
over  any  and  all  gyms, clubs, training camps and other organizations
that maintain training facilities providing contact sparring for persons
who prepare for participation in such  boxing  or  sparring  matches  or
exhibitions OR PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS, and
over the promotion of professional wrestling exhibitions OR PROFESSIONAL
COMBATIVE  SPORTS  MATCHES  OR EXHIBITIONS to the extent provided for in
sections 5, 9, 19, 20, 28-a, 28-b and 33 of this act, except  as  other-
wise provided in this act.
  2. The commission is authorized and directed to require that all sites
wherein  boxing,  sparring  and  wrestling  matches  and  exhibitions OR
PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS are conducted shall
comply with state and applicable local  sanitary  codes  appropriate  to
school athletic facilities.
  S  4.  Subdivision  1  of  section  451  of the tax law, as amended by
section 1 of part F of chapter 407 of the laws of 1999,  is  amended  to
read as follows:
  1.  "Gross  receipts  from  ticket  sales"  shall mean the total gross
receipts of every person from the sale of tickets to any professional or
amateur boxing, sparring or wrestling match or exhibition OR ANY PROFES-
SIONAL COMBATIVE SPORTS MATCH OR EXHIBITION  held  in  this  state,  and
without  any  deduction  whatsoever for commissions, brokerage, distrib-
ution fees, advertising or any other expenses, charges  and  recoupments
in respect thereto.
  S  5. Section 452 of the tax law, as amended by section 2 of part F of
chapter 407 of the laws of 1999, is amended to read as follows:
  S 452. Imposition of tax.    On  and  after  October  first,  nineteen
hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
gross receipts of every  person  holding  any  professional  or  amateur
boxing,  PROFESSIONAL  COMBATIVE  SPORTS, sparring or wrestling match or
exhibition in this state. Such  tax  shall  be  imposed  on  such  gross
receipts, exclusive of any federal taxes, as follows:
  (a)  three percent of gross receipts from ticket sales, except that in
no event shall the tax imposed by this subdivision exceed fifty thousand
dollars for any match or exhibition;
  (b) three percent of gross receipts from broadcasting  rights,  except
that  in no event shall the tax imposed by this subdivision exceed fifty
thousand dollars for any match or exhibition.
  (C) ON AND AFTER THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  A  TAX  IS
HEREBY IMPOSED AND SHALL BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
HOLDING  ANY  PROFESSIONAL  COMBATIVE SPORTS MATCH OR EXHIBITION IN THIS
STATE. SUCH TAX SHALL BE IMPOSED ON SUCH GROSS  RECEIPTS,  EXCLUSIVE  OF
ANY FEDERAL TAXES, AS FOLLOWS:
  (I)  EIGHT  AND  ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES;
AND

A. 2604                            16

  (II) THREE PERCENT OF GROSS RECEIPTS FROM BROADCASTING RIGHTS,  EXCEPT
THAT  IN  NO  EVENT SHALL THE TAX IMPOSED BY THIS PARAGRAPH EXCEED FIFTY
THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S  6. Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
beverage control law, as added by chapter 254 of the laws  of  2001,  is
amended to read as follows:
  (b)  The  prohibition  contained in paragraph (a) of this subdivision,
however, shall not be applied to any professional  match  or  exhibition
which consists of boxing, PROFESSIONAL COMBATIVE SPORTS, sparring, wres-
tling,  or  martial arts [and which is] THAT ARE excepted from the defi-
nition of the term "combative sport" contained  in  subdivision  one  of
section  five-a  of  chapter nine hundred twelve of the laws of nineteen
hundred twenty, as added by chapter fourteen of  the  laws  of  nineteen
hundred ninety-seven.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.

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

                                 2604--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

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

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

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

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

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

A. 2604--A                          2

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

A. 2604--A                          3

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

A. 2604--A                          4

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

A. 2604--A                          5

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

A. 2604--A                          6

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

A. 2604--A                          7

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

A. 2604--A                          8

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

A. 2604--A                          9

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

A. 2604--A                         10

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

A. 2604--A                         11

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

A. 2604--A                         12

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

A. 2604--A                         13

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

A. 2604--A                         14

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

A. 2604--A                         15

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

A. 2604--A                         16

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

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

                                 2604--B

                       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

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:

  Section 1. Chapter 912 of the laws of 1920 relating to the  regulation
of boxing, sparring, and wrestling is REPEALED.
  S  2. Article 40 and sections 900 and 901 of the general business law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
43 and sections 1200 and 1201, respectively, and a  new  article  41  is
added to read as follows:
                               ARTICLE 41
                            COMBATIVE SPORTS
SECTION 1000. DEFINITIONS.
        1001. COMBATIVE SPORTS AUTHORIZED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05199-05-5
              

A. 2604--B                          2

        1002. COMBATIVE SPORTS PROHIBITED.
        1003. STATE ATHLETIC COMMISSION.
        1004. JURISDICTION OF THE COMMISSION.
        1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
        1006. SANCTIONING ENTITIES.
        1007. LICENSES; GENERAL PROVISIONS.
        1008. LICENSES; JUDGES.
        1009. LICENSES; ENTITIES.
        1010. LICENSES; PROFESSIONALS.
        1011. TEMPORARY WORKING PERMITS.
        1012. TEMPORARY TRAINING FACILITIES.
        1013. MEDICAL ADVISORY BOARD.
        1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1016. REQUIRED FILINGS.
        1017. PROFESSIONAL WRESTLING; PROMOTERS.
        1018. PROHIBITED CONDUCT.
        1019. PENALTIES.
        1020. SUBPOENAS BY COMMISSION; OATHS.
        1021. EXCEPTIONS.
        1022. DISPOSITION OF RECEIPTS.
  S  1000.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO
IS NOT RECEIVING OR  COMPETING  FOR,  AND  WHO  HAS  NEVER  RECEIVED  OR
COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF
VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED
BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION.
  2.  "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY  THE
COMMISSION.
  3.  "COMBATIVE  SPORT"  MEANS  ANY UNARMED BOUT, CONTEST, COMPETITION,
MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN  AUDIENCE,  WHEREIN  THE
PARTICIPANTS  PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF  ANOTHER  PARTIC-
IPANT,  AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
ITIES.
  4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR  EMPLOYEE  OF
THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
  5.  "MIXED  MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF
ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT-
ING DISCIPLINE.
  6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE  SPORT  AUTHOR-
IZED  PURSUANT  TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR,  ANY  PURSE,
MONEY,  PRIZE,  PECUNIARY  GAIN,  OR  OTHER THING EXCEEDING SEVENTY-FIVE
DOLLARS IN VALUE.
  S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED  UNDER
THE  SUPERVISION  OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR-
IZED SANCTIONING ENTITY, OR AS PROVIDED  FOR  IN  SECTION  ONE  THOUSAND
TWENTY-ONE  OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE
SPORTS INCLUDE, AMATEUR AND PROFESSIONAL  BOXING,  WRESTLING,  SPARRING,
KICK  BOXING,  SINGLE  DISCIPLINE  MARTIAL  ARTS AND MIXED MARTIAL ARTS,
PURSUANT TO THE PROVISIONS OF THIS ARTICLE.

A. 2604--B                          3

  S 1002. COMBATIVE SPORTS  PROHIBITED.  1.  THE  CONDUCT  OF  COMBATIVE
SPORTS  OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC-
TIONING ENTITY IS PROHIBITED.
  2.  A  PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, ACTING OTHER
THAN AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY  AIDS
ANY  UNAUTHORIZED  COMBATIVE  SPORT.  SUCH  CONDUCT  INCLUDES BUT IS NOT
LIMITED TO  CONDUCT  DIRECTED  TOWARD  THE  CREATION,  ESTABLISHMENT  OR
PERFORMANCE  OF  A PROHIBITED COMBATIVE SPORT, TOWARD THE ACQUISITION OR
MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,
TOWARD THE SOLICITATION OR INDUCEMENT OF PERSONS TO  ATTEND  OR  PARTIC-
IPATE  THEREIN,  TOWARD  THE  ACTUAL CONDUCT OF THE PERFORMANCE THEREOF,
TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
TOWARD ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT.  ONE ADVANCES  A
PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER
AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
FOR  PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH TO
OCCUR OR CONTINUE OR MAKES  NO  EFFORT  TO  PREVENT  ITS  OCCURRENCE  OR
CONTINUATION.
  3.  A  PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE
ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT  TO  PARTICIPATE
IN  THE  PROCEEDS  OF  A  PROHIBITED  COMBATIVE SPORT, OR PURSUANT TO AN
AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY  HE  OR  SHE  PARTIC-
IPATES  OR  IS  TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE
SPORT.
  S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE  ATHLETIC  COMMISSION,
AS  NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF  NINETEEN
HUNDRED  EIGHTY-ONE,  IS  CONTINUED  AS  A DIVISION OF THE DEPARTMENT OF
STATE. THE COMMISSION SHALL ACT  IN  THE  BEST  INTERESTS  OF  COMBATIVE
SPORTS.  THE  COMMISSION  IS  ENACTED  TO PROTECT THE HEALTH, SAFETY AND
GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS  AND  SPECTATORS
THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS
OF  LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION-
ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE  CONDUCT
OF  COMBATIVE  SPORTS  THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL
CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE  GOVERNOR  BY  AND
WITH  THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE
ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION.  THE MEMBERS OF THE
COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY  VACANCY  IN
THE  MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF
TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE  MEMBER  IN
WHOSE POSITION THE VACANCY OCCURS.
  2.  THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL-
ING AND OTHER EXPENSES INCURRED BY THEM  IN  THE  PERFORMANCE  OF  THEIR
OFFICIAL  DUTIES.  THE  MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR
THE COMMISSION, AND MAKE SUCH RULES  FOR  THE  ADMINISTRATION  OF  THEIR
OFFICE,  NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY
MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION
SHALL CONSTITUTE A QUORUM TO DO  BUSINESS;  AND  THE  CONCURRENCE  OF  A
MAJORITY  OF  THE  COMMISSIONERS  PRESENT SHALL BE NECESSARY TO RENDER A
DETERMINATION BY THE COMMISSION.  THE  COMMISSION  IS  VESTED  WITH  THE
AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
  S  1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND
IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
DICTION OVER:  1. ALL AUTHORIZED COMBATIVE SPORTS;

A. 2604--B                          4

  2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO  ANY  AND  ALL
PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
  3.  ALL  DETERMINATIONS  REGARDING  THE  AUTHORIZATION  OF AMATEUR AND
PROFESSIONAL SANCTIONING ENTITIES;
  4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT  MAIN-
TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS;
  5.  THE  PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT
PROVIDED FOR IN THIS ARTICLE; AND
  6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK.
  7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL.
  S 1005. OFFICERS AND EMPLOYEES OF THE  COMMISSION.  THE  SECRETARY  OF
STATE  MAY  APPOINT,  AND  AT  HIS  OR HER PLEASURE REMOVE, AN EXECUTIVE
DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH  OTHER
EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
  S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
LATIONS  ESTABLISHING  A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND
APPROVED BY THE COMMISSION AS  AUTHORIZED  SANCTIONING  ENTITIES  FOR  A
PERIOD  OF  TIME  TO  BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE
ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT  COMBATIVE  SPORTS  WITHIN
THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
LIMIT  THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY
TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION  OF  THE
FOREGOING  BASED  ON  THE  QUALIFICATIONS,  INTEGRITY AND HISTORY OF THE
ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
  2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
  (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
  (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN  COMBATIVE  SPORTS  TO
USE HAND, FOOT AND GROIN PROTECTION;
  (C)  WHETHER  THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES
THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT  WHEN  ANY  PARTICIPANT
HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
ICAL INJURY; AND
  (D)  WHETHER  THE  ENTITY  HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE
APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
  S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE  PROVIDED
IN  SECTIONS  ONE  THOUSAND  SIX,  ONE THOUSAND ELEVEN, AND ONE THOUSAND
SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORTS  IN  THIS  STATE, ALL CORPORATIONS, ENTITIES, PERSONS,
REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS,  PROFESSIONALS,  AND  THEIR
MANAGERS,  TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO
SUCH CORPORATION, ENTITY OR PERSON SHALL BE  PERMITTED  TO  PARTICIPATE,
EITHER  DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART  FOR
THE  USE  OF  PROFESSIONAL  BOXERS  OR  PROFESSIONAL  MIXED MARTIAL ARTS
PARTICIPANTS, UNLESS  SUCH  CORPORATION  OR  PERSONS  SHALL  HAVE  FIRST
PROCURED  A  LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH
BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES.
  2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A  FORM  PRESCRIBED  BY
THE   COMMISSION,  SHALL  BE  ADDRESSED  TO  THE  COMMISSION,  SHALL  BE
SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER  AS  TRUE  UNDER
THE  PENALTIES  OF  PERJURY,  AND  SHALL  SET  FORTH  SUCH  FACTS AS THE

A. 2604--B                          5

PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF  THE  COMMISSION  MAY
REQUIRE.
  3.  (A)  THE  COMMISSION  SHALL  ESTABLISH  REASONABLE FEES, TERMS AND
RENEWAL TERMS FOR LICENSES,  PERMITS  AND  OTHER  AUTHORIZATIONS  ISSUED
PURSUANT  TO  THIS  ARTICLE,  PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL
TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF  THE
LAWS  OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO,
IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL  REMAIN  FIXED
AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT
OF  THIS  ARTICLE.  THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE
AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE
COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL  OF
THE DIRECTOR OF THE BUDGET.
  (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO
PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  WHEN  SUCH  FEES  ARE PAYABLE IN
RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS,
THE FOLLOWING SHALL APPLY:
  (I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS  NOT
MORE  THAN  TWO  THOUSAND  FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE
THAN FIVE HUNDRED DOLLARS;
  (II) BY PROMOTERS, FOR CONTESTS HELD WHERE  THE  SEATING  CAPACITY  IS
GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS;
  (III)  BY  PROMOTERS,  FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIVE THOUSAND, BUT NOT  MORE  THAN  FIFTEEN  THOUSAND,  THE
PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS;
  (IV)  BY  PROMOTERS,  FOR  CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN  TWENTY-FIVE  THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS;
  (V)  BY  PROMOTERS,  FOR  CONTESTS  HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE  THAN
THREE THOUSAND DOLLARS;
  (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS;
  (VII)  FOR  PROFESSIONAL  PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE
THAN FIFTY DOLLARS; AND
  (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS.
  4. ANY LICENSE, TEMPORARY WORK PERMIT OR  OTHER  AUTHORIZATION  ISSUED
UNDER  THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE
OR ORDER OF THE COMMISSION,  DEMONSTRATED  CONDUCT  DETRIMENTAL  TO  THE
INTERESTS  OF  AUTHORIZED  COMBATIVE  SPORTS  GENERALLY OR TO THE PUBLIC
INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
THE HEALTH AND SAFETY OF THE LICENSEE.
  (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL  KNOCKOUT  IN  A
COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
PHYSICIAN,  BE  SUSPENDED  BY THE COMMISSION, FOR A PERIOD DETERMINED BY
THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO  THE  COMMISSION
DURING  SUCH  PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE
UNTIL HE OR SHE HAS MET ALL REQUIREMENTS,  MEDICAL  AND  OTHERWISE,  FOR
REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IF ANY OTHER STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO  SUCH
LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.

A. 2604--B                          6

  S  1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS
ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN  OF  THIS  ARTICLE,  ONLY  A
PERSON  LICENSED  BY  THE  COMMISSION,  AS A COMBATIVE SPORTS JUDGE, MAY
JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG-
ES  FOR  ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC-
TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM  A  LIST
OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION.
  2.  ANY  PARTICIPANT  IN  A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER
MANAGER MAY PROTEST THE ASSIGNMENT OF A  JUDGE  TO  A  CONTEST  AND  THE
PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
REJECTED.
  3.  EACH  PERSON  SEEKING  TO BE LICENSED AS A JUDGE BY THE COMMISSION
SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF  AN  EYE  EXAMINATION
AND  ANNUALLY  THEREAFTER  ON  THE  ANNIVERSARY  OF  THE ISSUANCE OF THE
LICENSE. THE COMMISSION SHALL ESTABLISH  CONTINUING  EDUCATION  PROGRAMS
AND  REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE
CERTIFIED AS HAVING COMPLETED A TRAINING  PROGRAM  AS  APPROVED  BY  THE
COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION.
  4.  EACH  PERSON  SEEKING  A  LICENSE TO JUDGE AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A  FINANCIAL
QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S  FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE
COMMISSION.  SUCH QUESTIONNAIRE SHALL BE IN A FORM AND  MANNER  APPROVED
BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS,
INCLUDING  FINANCIAL  RESPONSIBILITY.  WITHIN  FORTY-EIGHT  HOURS OF ANY
MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH  THE
COMMISSION  A  FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS
SHALL BE ACCEPTABLE TO THE COMMISSION.
  S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT  AS  OTHERWISE  PROVIDED  IN
SECTIONS  ONE  THOUSAND  SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE,
ONLY ENTITIES LICENSED BY  THE  COMMISSION  MAY  CONDUCT  AN  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  WITHIN THE STATE. THE COMMISSION MAY, IN
ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR  HOLD  AUTHORIZED  PROFES-
SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON
OR  CORPORATION  DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR-
IZED, UNDER THE LAWS OF THE STATE OF NEW YORK.
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
SUCH COMBATIVE SPORT IS TO BE HELD.
  (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT  TO  ANY  ENTITY
HOLDING  A  LICENSE  ISSUED  HEREUNDER,  THE PRIVILEGE OF HOLDING SUCH A
MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
LOCATION, THAN THE PREMISES  OR  LOCATION  PREVIOUSLY  APPROVED  BY  THE
COMMISSION,  SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES
AND REGULATIONS OF THE COMMISSION.
  2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND  IN  ACCORDANCE  WITH
REGULATIONS  ADOPTED  BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY
OF PROFESSIONALS IN TRAINING, ISSUE A  LICENSE  TO  OPERATE  A  TRAINING
FACILITY  PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN
PART FOR THE USE OF PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS.  AT  A
MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
  (I)  FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON THE
PREMISES AND FOR THE PRESENCE ON THE PREMISES OF A  PERSON  TRAINED  AND
CERTIFIED  IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR CARDIO-PULMO-

A. 2604--B                          7

NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY  IS  OPEN  FOR
TRAINING PURPOSES;
  (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
  (III)  ADEQUATE  VENTILATION  AND  LIGHTING OF ACCESSIBLE AREAS OF THE
TRAINING FACILITY;
  (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION  OF  SMOKING
IN  TRAINING  AREAS,  INCLUDING  PROVISIONS  FOR  ITS ENFORCEMENT BY THE
FACILITY OPERATOR;
  (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR  COMBA-
TIVE SPORTS WILL BE HELD; AND
  (VII)  ESTABLISHMENT  OF  A  POLICY FOR POSTING ALL COMMISSION LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS  AND  REVOCATIONS  BY
THE FACILITY OPERATOR.
  (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF
THAT  IT  CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS TO BE
CONDUCTED, INCLUDING THE MAKING OF SUCH  TRAINING  FACILITIES  AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
  S  1010.  LICENSES;  PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN
SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE  THOUSAND  SEVEN-
TEEN  OF  THIS  ARTICLE,  ONLY  PERSONS LICENSED BY THE COMMISSION SHALL
COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
  2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE  TO
PARTICIPATE  IN  COMBATIVE  SPORTS  UNDER  THIS  ARTICLE SHALL UNDERGO A
COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION.  IF, AT THE TIME  OF
SUCH  EXAMINATION,  THERE  IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY
OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL  SHALL
BE  REQUIRED  TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO-
GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY  EQUIVALENT
PROCEDURES.  THE  COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL
UNTIL SUCH EXAMINATIONS ARE COMPLETED AND REVIEWED  BY  THE  COMMISSION.
THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART
OF  THE  PROFESSIONAL'S  PERMANENT  MEDICAL  RECORD AS MAINTAINED BY THE
COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS FOR  PROFESSIONAL  BOXERS
SHALL  BE  ASSUMED  BY THE STATE IF SUCH EXAMINATIONS ARE PERFORMED BY A
PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION; THE  COSTS  OF  ALL
SUCH EXAMINATIONS FOR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS SHALL
BE  ASSUMED  BY  THE  APPLICANT  OR PROMOTER WITH WHICH THE PROFESSIONAL
MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
  3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A  CONDITION
OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
ITY  TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS
OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL
EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED  CONFIDEN-
TIAL,  AND  SHALL  BE  OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS
AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER  UPON
WRITTEN  APPLICATION  TO  EXAMINE  SAID  RECORDS, OR UPON THE ORDER OF A
COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
  S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE  TEMPORARY
WORKING  PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS.
A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE  HOLDER
OF  SUCH  PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE

A. 2604--B                          8

SPORT AT A SPECIFIED TIME AND PLACE. THE  COMMISSION  MAY  REQUIRE  THAT
PROFESSIONALS  APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL
EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-
NANCE  IMAGING  OR  MEDICALLY  EQUIVALENT  PROCEDURE.  TEMPORARY WORKING
PERMITS SHALL EXPIRE  UPON  THE  COMPLETION  OF  THE  SINGLE  AUTHORIZED
PROFESSIONAL   COMBATIVE   SPORT   AND  ANY  SUBSEQUENT  EVALUATIONS  OR
INSPECTIONS REQUIRED BY THE COMMISSION.   THE  FEE  FOR  SUCH  TEMPORARY
WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.
  S  1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS JUDGMENT
MAY EXEMPT FROM LICENSING  UNDER  THIS  ARTICLE  ANY  TRAINING  FACILITY
PROVIDING  CONTACT  SPARRING  ESTABLISHED  AND MAINTAINED ON A TEMPORARY
BASIS FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC  AUTHOR-
IZED  COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF
NEW YORK.
  S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD  CREATED
PURSUANT  TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS  HEREBY  CONTINUED  WITHOUT
INTERRUPTION.  IT  SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS-
SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR.
THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON  OF  THE
ADVISORY  BOARD.  THE  TERM  OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO
FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM  OF
HIS  PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON
OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE  SUCH  SUCCESSOR  OR
OTHER  MEMBER  OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING
OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT  BY
THE  GOVERNOR  FOR  THE  REMAINDER  ONLY OF THE TERM. EACH MEMBER OF THE
ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE  STATE
OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST
FIVE  YEARS'  EXPERIENCE  IN  THE PRACTICE OF HIS OR HER PROFESSION. THE
MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY  BE
FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
SHALL  BE  ALLOWED  AND  PAID  NECESSARY  TRAVELING  AND  OTHER EXPENSES
INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
  2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE
BOARD TO PREPARE AND SUBMIT TO THE COMMISSION FOR  APPROVAL  REGULATIONS
AND  STANDARDS  FOR THE PHYSICAL EXAMINATION OF PROFESSIONALS INCLUDING,
WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS  AND  PERIODIC
COMPREHENSIVE  EXAMINATIONS.  THE  BOARD  SHALL  CONTINUE TO SERVE IN AN
ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO  TIME  PREPARE  AND
SUBMIT  TO  THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND
STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD  THE  PHYS-
ICAL  WELFARE  OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY
BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS  AND  OTHER
SERVICES  AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS,
IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED  BY  THE  COMMISSION
WITHIN  AMOUNTS  APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
  (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
  (B) IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION  TO
PROFESSIONALS.
  3.  THE  ADVISORY BOARD SHALL DEVELOP OR RECOMMEND APPROPRIATE MEDICAL
EDUCATION PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE  CONDUCT

A. 2604--B                          9

OF  AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE AND
ACT UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS  IN
A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.
  4.  THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE OF
EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
  5. THE ADVISORY BOARD SHALL ADVISE THE  COMMISSION  ON  ANY  STUDY  OF
EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
THE SAFETY OF PROFESSIONALS.
  S  1014.  REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.  THE
COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS THAT:
  1. ESTABLISH PARAMETERS AND LIMITATIONS  ON  WEIGHTS  AND  CLASSES  OF
PROFESSIONALS;
  2.  ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF
ROUNDS;
  3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF  MEDICAL  EQUIPMENT,
MEDICAL  PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER-
GENCY MEDICAL PLAN;
  4. ESTABLISH RESPONSIBILITIES OF  ALL  LICENSEES  BEFORE,  DURING  AND
AFTER AN EVENT;
  5. DEFINE UNSPORTSMANLIKE PRACTICES;
  6.  ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION
OR PURSE, OR ANY PART THEREOF BASED ON  THE  CONDUCT  OF  PROFESSIONALS,
THEIR MANAGERS AND SECONDS;
  7.  ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP-
MENT ITEMS UTILIZED BY PROFESSIONALS;
  8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT  SURFACES  AND
APPURTENANCES THERETO; AND
  9.  ESTABLISH  SUCH  OTHER  RULES  AND  CONDITIONS AS ARE NECESSARY TO
EFFECTUATE THE COMMISSION'S PURPOSE.
  S 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1.    ALL
BUILDINGS  OR  STRUCTURES  USED  OR  INTENDED  TO BE USED FOR CONDUCTING
AUTHORIZED PROFESSIONAL COMBATIVE SPORTS SHALL  BE  PROPERLY  VENTILATED
AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM
TO  THE  LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS IN THE
CITY, TOWN OR VILLAGE WHERE SITUATED.
  2. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN  ANY
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORTS, AND NO PERSON UNDER SIXTEEN
YEARS OF AGE SHALL BE  PERMITTED  TO  ATTEND  THEREAT  AS  A  SPECTATOR,
PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
  3.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS  ARTICLE,  AT  EACH  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORT,  EXCEPT  WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES,
THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE  WHO  SHALL  DIRECT
AND  CONTROL  THE  SAME. THERE SHALL ALSO BE IN ATTENDANCE, EXCEPT WHERE
CONDUCTED SOLELY FOR TRAINING PURPOSES, THREE DULY LICENSED  JUDGES  WHO
SHALL  AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE
SPORT RENDER THEIR DECISION. THE WINNER SHALL BE DETERMINED  IN  ACCORD-
ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.
  4.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS  ARTICLE,  THE  COMMISSION  SHALL  DIRECT  AN
EMPLOYEE  OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED.  SUCH EMPLOYEE OF THE
COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE  SAME

A. 2604--B                         10

IN  THE  MANNER AND FORM PRESCRIBED BY THE COMMISSION.  WHERE AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY
OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO  MUST
BE COMPLIED WITH.
  5.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE  MUST  BE
INSPECTED  AND  APPROVED  BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF
ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT.
  6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED
BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING  OR
COMBAT  SURFACE  AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE
COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST  OF  ANY  SUCH
EXAMINATION,  AS  PRESCRIBED  BY  A  SCHEDULE OF FEES ESTABLISHED BY THE
COMMISSION, SHALL BE PAID BY THE CORPORATION CONDUCTING  THE  AUTHORIZED
PROFESSIONAL  COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY OF
EVERY PERSON OR CORPORATION LICENSED TO CONDUCT  AN  AUTHORIZED  PROFES-
SIONAL  COMBATIVE  SPORT,  TO  HAVE  IN  ATTENDANCE  AT EVERY AUTHORIZED
PROFESSIONAL COMBATIVE SPORT, AT LEAST ONE PHYSICIAN DESIGNATED  BY  THE
COMMISSION  AS  THE  RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A
SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE  COST  OF  SUCH
ATTENDANCE.
  7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT  IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS RECEIVED
SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS  PHYSICAL  INJURY.  IN  THE
EVENT  OF  ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMMEDIATELY
RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE MATTER  TO  THE
COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
EAFTER.  SUCH  PHYSICIAN  MAY ALSO REQUIRE THAT THE INJURED PROFESSIONAL
AND HIS OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES  OR  REPORT
TO  A  HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI-
CIAN DEEMS ADVISABLE.  ANY  PROFESSIONAL  LICENSED  UNDER  THIS  ARTICLE
RENDERED  UNCONSCIOUS  OR  SUFFERING  HEAD  TRAUMA  AS DETERMINED BY THE
ATTENDING PHYSICIAN SHALL  BE  IMMEDIATELY  EXAMINED  BY  THE  ATTENDING
COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM-
INATIONS  BY  A  NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO-
NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
  8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  AND MAY TERMINATE THE MATCH IF IN HIS OR
HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR  SERI-
OUS PHYSICAL INJURY TO A PROFESSIONAL.
  9.  BEFORE  A  LICENSE  SHALL BE GRANTED TO A PERSON OR CORPORATION TO
CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT  SHALL
EXECUTE  AND  FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE
DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND  SUFFICIENCY
OF  SURETIES  THEREON  BY  THE  SECRETARY  OF STATE, CONDITIONED FOR THE
FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI-
CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING
AND APPROVAL OF SAID BOND THE SECRETARY OF STATE  SHALL  ISSUE  TO  SAID
APPLICANT  A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY
SAID APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS  APPLICA-
TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF-
ICATE  SHALL  BE  FILED.  IN  CASE  OF  DEFAULT IN SUCH PERFORMANCE, THE
COMMISSION MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE  SUM  OF  NOT
MORE  THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED

A. 2604--B                         11

BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF  NEW
YORK  IN  THE  SAME  MANNER AS OTHER PENALTIES ARE RECOVERED BY LAW; ANY
AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY.
  10.  IN  ADDITION  TO  THE  BOND  REQUIRED BY SUBDIVISION NINE OF THIS
SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN  AUTHORIZED  PROFES-
SIONAL  COMBATIVE  SPORT  SHALL  EXECUTE  AND FILE WITH THE SECRETARY OF
STATE A BOND IN AN AMOUNT TO BE  DETERMINED  BY  THE  COMMISSION  TO  BE
APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY
OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS'
AND  PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED
BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING  TICKETS  AND
ALL ADVERTISING MATERIAL.
  11.  ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS
OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
ING IN AUTHORIZED PROFESSIONAL COMBATIVE  SPORTS  OR  WRESTLING  EXHIBI-
TIONS.  SUCH  ACCIDENT  INSURANCE  OR  FINANCIAL GUARANTEE SHALL PROVIDE
COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND  HOSPI-
TAL  CARE,  WITH  A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES
SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE  CONTROL
OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO
THE  ESTATE  OF  ANY  DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY
INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN  WHICH
SUCH  LICENSED  PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER
THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL,  SURGI-
CAL  AND  HOSPITAL  CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR
THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A  PROGRAM
OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
ABLE,  CAUSAL  LINK  EXISTS  BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC-
IPATION IN SUCH PROGRAM AND THE  LIFE-THREATENING  BRAIN  INJURY.  WHERE
APPLICABLE,  PROFESSIONAL  LICENSEES  SHALL  BE  AFFORDED  THE OPTION TO
SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL  GUARAN-
TEE  TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS
SUBDIVISION.  THE COMMISSION MAY FROM TIME  TO  TIME,  PROMULGATE  REGU-
LATIONS  TO  ADJUST  THE  AMOUNT  OF SUCH MINIMUM LIMITS. THE FAILURE TO
PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF  SUCH  DEFAULTING
ENTITY.
  12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
PROFESSIONAL  OR  AMATEUR  COMBATIVE  SPORT,  INCLUDING ANY PROFESSIONAL
WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED  OR
RECEIVED,  SHALL  NOTIFY  THE  ATHLETIC  COMMISSION AT LEAST TEN DAYS IN
ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO  ANY
SUCH  PROFESSIONAL  OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING
MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED  BY
THE  STATE  ATHLETIC  COMMISSION  TO  PRINT  SUCH TICKETS AND SHALL BEAR
CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES OR OFFICERS OF THE COMMISSION  SHALL  ACT  AS  AGENTS  OF  THE
COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI-
CLE  NINETEEN  OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE
COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL
ASSISTANCE AS MAY BE NECESSARY FOR THE  PROPER  ADMINISTRATION  OF  SUCH
TAX.

A. 2604--B                         12

  S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
OR  OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT
OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY  STATING  (A)  ALL
CHARGES,  EXPENSES,  FEES,  AND  COSTS THAT WILL BE ASSESSED AGAINST ANY
PROFESSIONAL PARTICIPATING IN THE EVENT;  (B)  ALL  PAYMENTS,  BENEFITS,
COMPLIMENTARY  BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE
FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF  THE  PROMOTER;  (D)
SPONSOR  OF  THE  EVENT;  AND  (E) ALL OTHER SOURCES, AND SUCH OTHER AND
ADDITIONAL INFORMATION AS  REQUIRED  BY  THE  COMMISSION.  SUCH  WRITTEN
STATEMENT  SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS-
SION.
  2. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT  PARTICIPATES  IN
THE  PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
FOR A CONTEST MUST FILE WITH THE COMMISSION A  WRITTEN  STATEMENT  UNDER
PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
THROUGH  THE  PROMOTER  ON  THE  PROFESSIONAL  PERTAINING  TO THE EVENT,
INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
RECEIVE AND TRAINING EXPENSES AND ALL PAYMENTS, GIFTS  OR  BENEFITS  THE
PROMOTER  IS  PROVIDING  TO ANY SANCTIONING ORGANIZATION AFFILIATED WITH
THE EVENT. SUCH WRITTEN STATEMENT SHALL BE FILED IN A  FORM  AND  MANNER
ACCEPTABLE TO THE COMMISSION.
  3.  THE  PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE  PROFESSIONALS
FOR  A  CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY AGREEMENT IN
WRITING TO WHICH THE PROMOTER IS A PARTY WITH ANY  PROFESSIONAL  PARTIC-
IPATING IN THE MATCH.
  4.  ALL  CONTRACTS  CALLING  FOR  THE SERVICES OF A PROFESSIONAL IN AN
AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND  ENTERED  INTO  BY  LICENSED
PROMOTERS,  PROFESSIONALS  OR  MANAGERS AS ONE OR MORE OF THE PARTIES IN
SUCH CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS  TO
DISTRIBUTE,  TELEVISE  OR OTHERWISE TRANSMIT ANY AUTHORIZED PROFESSIONAL
COMBATIVE SPORT OVER THE AIRWAVES OR BY CABLE SHALL BE  SUBJECT  TO  THE
APPROVAL  OF  THE  COMMISSION AND COPIES THEREOF SHALL BE FILED WITH THE
COMMISSION  BY  SUCH  CORPORATION,  PROFESSIONAL   OR   MANAGER   WITHIN
FORTY-EIGHT  HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST TEN
BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES  OF  BOUTS,
TO  WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE FOR
GOOD CAUSE SHOWN.
  S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
ARTICLE, "PROFESSIONAL  WRESTLING"  SHALL  MEAN  AN  ACTIVITY  IN  WHICH
PARTICIPANTS  STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF PROVID-
ING ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA  FIDE
ATHLETIC CONTEST OR COMPETITION.
  2.  EVERY  PERSON,  PARTNERSHIP  OR  CORPORATION PROMOTING ONE OR MORE
PROFESSIONAL WRESTLING EXHIBITIONS IN THIS STATE SHALL  BE  REQUIRED  TO
OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS
SUBJECT  TO  TERMS AND CONDITIONS PROMULGATED BY THE COMMISSION PURSUANT
TO RULE AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF  THIS  ARTICLE.
EACH  APPLICANT  SHALL  PAY  AN ANNUAL FEE ESTABLISHED BY THE COMMISSION
PURSUANT TO RULE.
  3. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION  IN  THE
STATE  SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE
OF THE HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL  EXECUTE  AND
FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-

A. 2604--B                         13

EON  BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF
PROFESSIONAL WRESTLER'S PURSES, SALARIES OF CLUB EMPLOYEES  LICENSED  BY
THE  COMMISSION,  THE  LEGITIMATE  EXPENSES  OF PRINTING TICKETS AND ALL
ADVERTISING  MATERIAL,  PAYMENTS  TO  SPONSORING  ORGANIZATIONS, AND THE
APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
  4. A LICENSED PROMOTER OF A PROFESSIONAL  WRESTLING  EXHIBITION  SHALL
PROVIDE  FOR  A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND
SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR  TO  EACH  PERFORMANCE,
AND  EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD-
ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.
  5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES  SIX
OR  MORE  EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE
AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A  WRITTEN  COPY  OF  THE
PLAN.  EACH  SUCH  PLAN  SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE
DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH  PLAN
SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
  (A)  DISSEMINATION  OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS
WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF  PROHIBITED  DRUGS
AND AVAILABLE REHABILITATION SERVICES; AND
  (B)  A  REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO
OBTAIN REHABILITATION SERVICES.
  S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR  PERSON  SHALL  HAVE,
EITHER  DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL
BOXER COMPETING ON PREMISES  OWNED  OR  LEASED  BY  THE  CORPORATION  OR
PERSON,  OR  IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED
EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
  2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL  BE
PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
  3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
SECOND,  WHO  SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR
COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
HIS OR HER LICENSE BY THE COMMISSION AND  ANY  OTHER  APPROPRIATE  LEGAL
REMEDIES.
  4.  NO  LICENSED  PROMOTER  OR  MATCHMAKER SHALL KNOWINGLY ENGAGE IN A
COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED  WHERE  ONE  PROFESSIONAL
HAS  SKILLS  OR  EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES-
SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
THE PROFESSIONAL.
  S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS  FROM
A  PROHIBITED  COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR,
AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN  CONVICTED
IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
  2.  ANY  PERSON  WHO  KNOWINGLY  ADVANCES OR PROFITS FROM A PROHIBITED
COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT  TO  EXCEED
FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN
DERIVED  THEREFROM  WHICHEVER  IS GREATER, OR FOR A SUBSEQUENT VIOLATION
TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED  THERE-
FROM  WHICHEVER  IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO
COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES  AND  TO  OBTAIN
INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION.
  3.  ANY  PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY
COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR
HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN

A. 2604--B                         14

THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY  PERSON  WHO  PARTIC-
IPATES  IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP-
ER, PROFESSIONAL, MANAGER,  TRAINER,  OR  SECOND  WITHOUT  FIRST  HAVING
PROCURED  AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE
SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF
A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR  CORPORATION  WHO  PROMOTES  A
PROFESSIONAL  WRESTLING  MATCH  OR EXHIBITION IN THE STATE WITHOUT FIRST
HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE  WITH  SECTION  ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.
  4.  ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR
OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS  ARTICLE,  THAT  SHALL
KNOWINGLY  VIOLATE  ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION
OF THIS ARTICLE, IN ADDITION TO ANY OTHER  PENALTY  BY  LAW  PRESCRIBED,
SHALL  BE  LIABLE  TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS
FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION,
TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF  THE
STATE  OF  NEW  YORK  IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR
CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY
COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY  AS  IMPOSED
IN  SETTLEMENT  THEREOF.  FOR  THE PURPOSES OF THIS SECTION, EACH TRANS-
ACTION OR STATUTORY  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE  OFFENSE,
EXCEPT  THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST
UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT
PROCEEDING.
  5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED  PURSU-
ANT  TO  SUBDIVISION  TWO  OF SECTION ONE THOUSAND NINE OF THIS ARTICLE,
WHICH INFRACTION MAY INCLUDE MORE THAN  ONE  INDIVIDUAL  VIOLATION,  THE
COMMISSION  MAY  IMPOSE  A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS
FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED.   ON  THE
SECOND  SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO
FIVE HUNDRED DOLLARS FOR  EACH  HEALTH  AND  SAFETY  VIOLATION  AND  MAY
SUSPEND   THE   TRAINING  FACILITY'S  LICENSE  UNTIL  THE  VIOLATION  OR
VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
INFRACTIONS, THE COMMISSION MAY IMPOSE A  CIVIL  FINE  OF  UP  TO  SEVEN
HUNDRED  FIFTY  DOLLARS  FOR  EACH  HEALTH  AND SAFETY VIOLATION AND MAY
REVOKE THE TRAINING FACILITY'S LICENSE.
  6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING  TO  FULLY
COMPLY  WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND
FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY  OF  FIVE  HUNDRED
DOLLARS  TO  BE  COLLECTED  BY AND PAID TO THE DEPARTMENT OF STATE.  ANY
INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM  OPERAT-
ING  ANY  SHOWS  OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS
SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE  NINE-
TEEN OF THE TAX LAW HAVE BEEN PAID.
  7.  ALL  PENALTIES  IMPOSED  AND  COLLECTED BY THE COMMISSION FROM ANY
CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS  OF
THIS  ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER
AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
  S 1020. SUBPOENAS BY COMMISSION;  OATHS.  THE  COMMISSION  SHALL  HAVE
AUTHORITY  TO  ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF
THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE  OF  WITNESSES  BEFORE  THE
COMMISSION.  A  SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY
THE CIVIL PRACTICE LAW AND RULES.

A. 2604--B                         15

  S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS  PROVIDED
IN  SUBDIVISION  TWELVE  OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE
SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING  OR  BOXING  CONTEST  OR
EXHIBITION  CONDUCTED  UNDER  THE  SUPERVISION OR THE CONTROL OF THE NEW
YORK  STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS
ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
WHERE THE CONTESTANTS ARE ALL  AMATEURS,  SPONSORED  BY  AND  UNDER  THE
SUPERVISION  OF  ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF
LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY
BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF  PROVIDING  INSTRUCTION
AND  EVALUATION  IN  A  COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF
HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR  PARTICIPATION
IN  AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO
ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE  ALL  AMATEURS
SPONSORED  BY  AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI-
ATION OR, IN THE CASE OF BOXING, THE U.S.  AMATEUR BOXING FEDERATION  OR
ITS  LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS
TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE,  TO  ANY  PROFESSIONAL
WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID-
UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS
OR  EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE
STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT  TO
THIS  SECTION  MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR
ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS.
  S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION  SHALL
BE  PAID  INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM
THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
  S 3. Subdivision 1 of section 451  of  the  tax  law,  as  amended  by
section  1  of  part F of chapter 407 of the laws of 1999, is amended to
read as follows:
  1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
receipts  of  every person from the sale of tickets to any [professional
or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED
COMBATIVE SPORT held in this state, and without any deduction whatsoever
for commissions, brokerage, distribution fees, advertising or any  other
expenses, charges and recoupments in respect thereto.
  S 4. Section 451 of the tax law is amended by adding a new subdivision
4 to read as follows:
  4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR-
IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW.
  S  5. Section 452 of the tax law, as amended by section 2 of part F of
chapter 407 of the laws of 1999, is amended to read as follows:
  S 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
gross receipts of every  person  holding  any  professional  or  amateur
boxing,  sparring  or  wrestling match or exhibition in this state. Such
tax shall be imposed on such gross receipts, exclusive  of  any  federal
taxes, as follows:
  (a)  three percent of gross receipts from ticket sales, except that in
no event shall the tax imposed by this  [subdivision]  PARAGRAPH  exceed
fifty thousand dollars for any match or exhibition;
  (b)  three  percent of gross receipts from broadcasting rights, except
that in no event shall the tax imposed by this  [subdivision]  PARAGRAPH
exceed fifty thousand dollars for any match or exhibition.

A. 2604--B                         16

  2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
BY  IMPOSED  AND  SHALL  BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS  STATE,  OTHER  THAN  ANY
PROFESSIONAL  OR  AMATEUR  BOXING,  SPARRING  OR WRESTLING EXHIBITION OR
MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS:
  (A)  EIGHT  AND  ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES;
AND
  (B) THREE PERCENT OF THE SUM OF (I) GROSS RECEIPTS  FROM  BROADCASTING
RIGHTS,  AND  (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER THE INTER-
NET, EXCEPT THAT IN NO EVENT SHALL SUCH TAX  IMPOSED  PURSUANT  TO  THIS
SUBDIVISION EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S  6.    The article heading of article 19 of the tax law, as added by
chapter 833 of the laws of 1987, is amended to read as follows:
         [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
                               SPORTS TAX
  S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
amended by section 100 of part A of chapter 389 of the laws of 1997,  is
amended to read as follows:
  (1)  Any  admission charge where such admission charge is in excess of
ten cents to or for the use of any place  of  amusement  in  the  state,
except  charges for admission to race tracks[, boxing, sparring or wres-
tling matches or exhibitions] OR  COMBATIVE  SPORTS  which  charges  are
taxed  under  any  other  law of this state, or dramatic or musical arts
performances, or live circus performances, or motion  picture  theaters,
and  except  charges to a patron for admission to, or use of, facilities
for sporting activities in which such patron is  to  be  a  participant,
such  as  bowling  alleys  and swimming pools. For any person having the
permanent use or possession of a box or seat or a lease  or  a  license,
other  than  a season ticket, for the use of a box or seat at a place of
amusement, the tax shall be upon the amount for which a similar  box  or
seat is sold for each performance or exhibition at which the box or seat
is used or reserved by the holder, licensee or lessee, and shall be paid
by the holder, licensee or lessee.
  S  8.   The section heading of section 1820 of the tax law, as amended
by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
2009, is amended to read as follows:
  [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
  S 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
beverage  control  law,  as added by chapter 254 of the laws of 2001, is
amended to read as follows:
  (b) The prohibition contained in paragraph (a)  of  this  subdivision,
however,  shall  not be applied to any [professional match or exhibition
which consists of boxing, sparring, wrestling, or martial arts and which
is excepted from the definition of the term "combative sport"  contained
in  subdivision  one of section five-a of chapter nine hundred twelve of
the laws of nineteen hundred twenty, as added by chapter fourteen of the
laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.
  S 10. The department of  state,  with  the  assistance  of  the  state
athletic  commission,  medical advisory board, departments of health and
financial services, state insurance fund, division of  budget  and  such
other  state entities as appropriate, shall carefully consider potential
mechanisms to provide financial resources for the  payment  of  expenses
related  to  medical  and rehabilitative care for professionals licensed
under article forty-one of  the  general  business  law  who  experience
debilitating  brain  injuries  associated  with repetitive head injuries
sustained through their participation in combative sports.  The  depart-

A. 2604--B                         17

ment  of  state may consult and contract with third parties for services
in the course of this review. The department of state shall  report  its
findings and recommendations to the governor, temporary president of the
senate  and speaker of the assembly within eighteen months of the effec-
tive date of this section.  In addition to the foregoing, within  twelve
months of the effective date of this section, the state athletic commis-
sion shall make any recommendations to the governor, temporary president
of  the senate and speaker of the assembly regarding legislative changes
which may be necessary to effectuate the  purpose  and  intent  of  this
chapter,  including,  but not limited to, appropriate adjustments to the
insurance requirements contained therein.
  S 11. This act shall take effect on the first day of the  first  month
next succeeding the one hundred twentieth day after it shall have become
a law and shall apply to gross receipts from combative sports held on or
after  that date; provided, however, that the addition, amendment and/or
repeal of any rule or regulation of the state athletic commission neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.