§ 1015 — Conduct of authorized professional combative sports

New York § 1015

• Jurisdiction: New York
• Law GBS: General Business
• Art. 41: Combative Sports

Text

§ 1015. Conduct of authorized professional combative sports. 1. All\nbuildings or structures used or intended to be used for conducting\nauthorized professional combative sports shall be properly ventilated\nand provided with fire exits and fire escapes, and in all manner conform\nto the laws, ordinances and regulations pertaining to buildings in the\ncity, town or village where situated.\n 2. No person under the age of eighteen years shall participate in any\nauthorized professional combative sports, and no person under sixteen\nyears of age shall be permitted to attend thereat as a spectator,\nprovided, however, that a person under the age of sixteen may be\npermitted to attend as a spectator if accompanied by a parent or\nguardian.\n 3. Except as otherwise provided in sections one thousand six and one\nthousand seventeen of this article, at each authorized professional\ncombative sport, except where conducted solely for training purposes,\nthere shall be in attendance a duly licensed referee who shall direct\nand control the same. There shall also be in attendance, except where\nconducted solely for training purposes, three duly licensed judges who\nshall at the termination of each such authorized professional combative\nsport render their decision. The winner shall be determined in\naccordance with a scoring system prescribed by the commission.\n 4. Except as otherwise provided in sections one thousand six and one\nthousand seventeen of this article, the commission shall direct an\nemployee of the commission to be present at each place where authorized\nprofessional combative sports are to be conducted. Such employee of the\ncommission shall ascertain the exact conditions surrounding such\nauthorized professional combative sport and make a written report of the\nsame in the manner and form prescribed by the commission. Where\nauthorized professional combative sports are approved to be held in a\nstate or city owned armory, the provision of the military law in respect\nthereto must be complied with.\n 5. Except as otherwise provided in sections one thousand six and one\nthousand seventeen of this article, any ring or combat surface must be\ninspected and approved by the commission prior to the commencement of\nany authorized professional combative sport.\n 6. Except as otherwise provided in sections one thousand six and one\nthousand seventeen of this article, all professionals must be examined\nby a physician designated by the commission before entering the ring or\ncombat surface and each such physician shall immediately file with the\ncommission a written report of such examination. The cost of any such\nexamination, as prescribed by a schedule of fees established by the\ncommission, shall be paid by the corporation conducting the authorized\nprofessional combative sport to the commission. It shall be the duty of\nevery person or corporation licensed to conduct an authorized\nprofessional combative sport, to have in attendance at every authorized\nprofessional combative sport, at least one physician designated by the\ncommission as the rules shall provide. The commission may establish a\nschedule of fees to be paid by the licensee to cover the cost of such\nattendance.\n 7. The physician shall terminate any authorized professional combative\nsport if in the opinion of such physician any professional has received\nsevere punishment or is in danger of serious physical injury. In the\nevent of any serious physical injury, such physician shall immediately\nrender any emergency treatment necessary, recommend further treatment or\nhospitalization if required, and fully report the entire matter to the\ncommission within twenty-four hours and if necessary, subsequently\nthereafter. Such physician may also require that the injured\nprofessional and his or her manager remain in the ring or on the\npremises or report to a hospital after the contest for such period of\ntime as such physician deems advisable. Any professional licensed under\nthis article rendered unconscious or suffering head trauma as determined\nby the attending physician shall be immediately examined by the\nattending commission physician and shall be required to undergo\nneurological examinations by a neurologist including but not limited to\nmagnetic resonance imaging or medically equivalent procedure.\n 8. Such physician may enter the ring at any time during an authorized\nprofessional combative sport and may terminate the match if in his or\nher opinion the same is necessary to prevent severe punishment or\nserious physical injury to a professional.\n 9. Before a license shall be granted to a person or corporation to\nconduct an authorized professional combative sport, the applicant shall\nexecute and file with the secretary of state a bond in an amount to be\ndetermined by the commission, to be approved as to form and sufficiency\nof sureties thereon by the secretary of state, conditioned for the\nfaithful performance by said corporation of the provisions of this\narticle and the rules and regulations of the commission, and upon the\nfiling and approval of said bond the secretary of state shall issue to\nsaid applicant a certificate of such filing and approval, which shall\nbe, by said applicant, filed in the office of the commission with its\napplication for license, and no such license shall be issued until such\ncertificate shall be filed. In case of default in such performance, the\ncommission may impose upon the delinquent a penalty in the sum of not\nmore than one thousand dollars for each offense, which may be recovered\nby the attorney-general in the name of the people of the state of New\nYork in the same manner as other penalties are recovered by law; any\namount so recovered shall be paid into the treasury.\n 10. In addition to the bond required by subdivision nine of this\nsection, each applicant for a license to conduct an authorized\nprofessional combative sport shall execute and file with the secretary\nof state a bond in an amount to be determined by the commission to be\napproved as to form and sufficiency of sureties thereon by the secretary\nof state, conditioned for and guaranteeing the payment of professionals'\nand professional wrestlers' purses, salaries of club employees licensed\nby the commission, and the legitimate expenses of printing tickets and\nall advertising material.\n 11. All persons, parties or corporations having licenses as promoters\nor who are licensed in accordance with section one thousand seventeen of\nthis article shall continuously provide accident insurance or such other\nform of financial guarantee deemed acceptable by the commission, for the\nprotection of licensed professionals and professional wrestlers,\nappearing in authorized professional combative sports or wrestling\nexhibitions. Such accident insurance or financial guarantee shall\nprovide coverage to the licensed professional for: medical, surgical and\nhospital care, with a minimum limit of fifty thousand dollars for\ninjuries sustained while participating in any program operated under the\ncontrol of such licensed promoter and for a payment of fifty thousand\ndollars to the estate of any deceased athlete where such death is\noccasioned by injuries received in this state during the course of a\nprogram in which such licensed professional or professional wrestler\nparticipated under the promotion or control of any licensed promoter;\nand, medical, surgical and hospital care with a minimum limit of one\nmillion dollars for the treatment of a life-threatening brain injury\nsustained in a program operated under the control of such licensed\npromoter, where an identifiable, causal link exists between the\nprofessional licensee's participation in such program and the\nlife-threatening brain injury. Where applicable, professional licensees\nshall be afforded the option to supplement the premiums for the accident\ninsurance or financial guarantee to increase the coverage beyond the\nminimum limits required by this subdivision. The commission may from\ntime to time, promulgate regulations to adjust the amount of such\nminimum limits. The failure to provide such insurance as is required by\nthis subdivision shall be cause for the suspension or the revocation of\nthe license of such defaulting entity.\n 12. (a) Every individual, corporation, association or club holding any\nprofessional or amateur combative sport, including any professional\nwrestling match or exhibition, for which an admission fee is charged or\nreceived, shall notify the athletic commission at least ten days in\nadvance of the holding of such contest. All tickets of admission to any\nsuch professional or amateur combative sport or professional wrestling\nmatch or exhibition shall be procured from a printer duly authorized by\nthe state athletic commission to print such tickets and shall bear\nclearly upon the face thereof the purchase price and location of same.\n (b) Pursuant to direction by the commissioner of taxation and finance,\nemployees or officers of the commission shall act as agents of the\ncommissioner of taxation and finance to collect the tax imposed by\narticle nineteen of the tax law. The athletic commission shall provide\nthe commissioner of taxation and finance with such information and\ntechnical assistance as may be necessary for the proper administration\nof such tax.\n