S T A T E   O F   N E W   Y O R K
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                                  2159

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

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-
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

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

S. 2159                             2

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)]
(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.

S. 2159                             3

  (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.
  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

S. 2159                             4

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
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

S. 2159                             5

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
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

S. 2159                             6

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
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

S. 2159                             7

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.
  (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

S. 2159                             8

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
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

S. 2159                             9

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.
  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

S. 2159                            10

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.
  (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-

S. 2159                            11

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
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.

S. 2159                            12

  (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
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

S. 2159                            13

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
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

S. 2159                            14

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.
  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-

S. 2159                            15

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
  (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:

S. 2159                            16

  (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.