Legislation

Search OpenLegislation Statutes

This entry was published on 2016-09-09
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1015
Conduct of authorized professional combative sports
General Business (GBS) CHAPTER 20, ARTICLE 41
§ 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
permitted 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
accordance 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
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. 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
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 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
thereafter. 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 physician 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 examinations by a neurologist including but not limited to
magnetic resonance 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
serious 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
article 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
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 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
professional 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,
appearing in authorized professional combative sports or wrestling
exhibitions. Such accident insurance or financial guarantee shall
provide coverage to the licensed professional 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 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, surgical 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 identifiable, causal link exists between the
professional licensee's participation 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 guarantee to increase the coverage beyond the
minimum limits required by this subdivision. The commission may from
time to time, promulgate regulations 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
article 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.