N.Y. General Business Law 1015 – Conduct of authorized professional combative sports
§ 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.
Terms Used In N.Y. General Business Law 1015
- 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. See N.Y. General Business Law 1000
- 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 participant, and wherein the outcome and score depend entirely on such activities. See N.Y. General Business Law 1000
- 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. See N.Y. General Business Law 1000
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Professional: means any participant in a combative sport authorized 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. See N.Y. General Business Law 1000
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 19 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.