CHAPTER 31. PROFESSIONAL WRESTLING

Sec.


31.1—31.7    [Reserved].
31.8.    [Reserved].
31.9—31.14    [Reserved].
31.21.    Conduct of contests.
31.22.    Promoters.
31.23.    Enforcement.
31.24.    Gross receipts taxes.

§ § 31.1—31.7. [Reserved].


Source

   The provisions of these § §  31.1—31.7 adopted March 11, 1946; amended through November 1, 1966; reserved May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251565) to (251571).

§ 31.8. [Reserved].


Source

   The provisions of this §  31.8 adopted March 11, 1946; amended through November 1, 1966; corrected October 16, 1987, effective September 13, 1980, 17 Pa.B. 4121; reserved May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443 Immediately preceding text appears at serial pages (251571) to (251573).

§ § 31.9—31.14. [Reserved]


Source

   The provisions of these § §  31.9—31.14 amended through November 1, 1966; reserved May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251573) to (251578).

Notes of Decisions

   It is unreasonable to arbitrarily set a referee’s fee at intermission of a wrestling match even though the Athletic Commission is empowered to set referee’s fees that are reasonable and equitable in view of the circumstances of the event. Tattrie v. State Athletic Commission, 521 A.2d 970 (Pa. Cmwlth. 1987).

   Although there is no legislative mandate to promulgate regulations setting forth a fee schedule for referees, a regulation requiring fees to be reasonable and equitable in view of the circumstances of the event prohibits the setting of a fee at intermission of a match based on arbitrary reasons, and Commission may not revoke a promotor’s license for failure to pay such an arbitrary fee. Tattrie v. State Athletic Commission, 521 A.2d 970 (Pa. Cmwlth. 1987).

   The fact that the State wrestling bout regulations are not always followed at professional wrestling matches does not deprive the Commission of jurisdiction over the matches. Tattrie v. State Athletic Commission, 521 A.2d 970 (Pa. Cmwlth. 1987).

§ 31.21. Conduct of contests.

 (a)  Before a professional wrestling contest or exhibition can take place the following requirements shall be met:

   (1)  A physician shall be present at all times and seated at ringside to observe the physical condition of all participants. The physician’s fee shall be paid by the promoter of the event.

   (2)  An ambulance or paramedical unit shall be present at the event unless the ambulance or paramedical unit is located within 5 miles of the arena and these units have been notified, by the promoter, that an event is taking place.

   (3)  Adequate security shall be employed to control the public. The size of the security force is at the discretion of the promoter and the owner or operator of the arena.

 (b)  The following represent prohibited acts:

   (1)  The owner or operator of an arena where a professional wrestling event takes place may not destroy a ticket or ticket stub until 3 months after the date of the event.

   (2)  Wrestlers may not deliberately cut or otherwise mutilate themselves.

Authority

   The provisions of this §  31.21 amended under the Athletic Code, 5 Pa.C.S. §  103(b)(1).

Source

   The provisions of this §  31.21 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.

§ 31.22. Promoters.

 (a)  Promoters of professional wrestling events shall be licensed by the Commission prior to promoting any type of wrestling contest or exhibition. Licenses expire on December 31 of the year of issue. The Commission will not issue or renew a promoter’s license to a person who has been convicted, pleaded guilty or nolo contendere to an offense in section 2101 of the Athletic Code (relating to promoter’s license), during the 10 years preceding the application date.

 (b)  Promoters shall file with the Commission a bond of at least $10,000 prior to promoting or advertising any type of wrestling contest or exhibition. Bonds shall be on forms supplied by the Commission and shall be accompanied by a filing fee of $25.

 (c)  At least 10 days before the date of a wrestling contest or exhibition, the promoter shall notify the Commission, in writing, of the date, time and location of the event.

 (d)  Upon conviction of a promoter for a violation of Chapter 21 of the Athletic Code (relating to regulation of professional wrestling contests and exhibitions), the Commission will suspend the promoter’s license in accordance with the Athletic Code.

 (e)  A promoter may not employ as a participant in a wrestling contest or exhibition an individual under 18 years of age.

Authority

   The provisions of this §  31.22 amended under the Athletic Code, 5 Pa.C.S. §  103(b)(1).

Source

   The provisions of this §  31.22 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.

§ 31.23. Enforcement.

 The Executive Director may send an inspector to any professional wrestling event or exhibition to be admitted by the promoter without fee to ensure compliance with this subpart and Subpart C of the Athletic Code (relating to Wrestling Act). The promoter shall pay a fee of $100 to the Commission within 10 days after the event for each wrestling event to which an inspector is sent.

Authority

   The provisions of this §  31.23 amended under the Athletic Code, 5 Pa.C.S. §  103(b)(1).

Source

   The provisions of this §  31.23 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.

§ 31.24. Gross receipts taxes.

 (a)  Every promoter shall pay a tax of 5% on the face value of all tickets sold to any wrestling contest or exhibition.

 (b)  This tax shall be paid within 10 days after the event and shall be accompanied by a gross receipts tax form, prescribed by the Commission, setting forth all taxable receipts received from the event and any other information the Commission may require. Payment not received by the Commission within the 10-day period shall be subject to a late fee of $100.

Authority

   The provisions of this §  31.24 amended under the Athletic Code, 5 Pa.C.S. §  103(b)(1).

Source

   The provisions of this §  31.24 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.



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