5 Pa.C.S. Ch. 9

in effect

5 Pa.C.S. § 901 Power of commission to issue, withhold, suspend or revoke licenses and permits.

The commission is hereby granted sole control, authority and jurisdiction to issue, withhold, suspend or revoke any license or permit provided for under this subpart.

5 Pa.C.S. § 902 Promoters' licenses.

No promoter shall directly or indirectly conduct, hold or promote any professional contest or exhibition unless he has first procured a promoter's license from the commission. The commission may issue an order prohibiting a promoter from acting in violation of this section. If it is determined the respondent has engaged in the promotion of any professional contest or exhibition without having first obtained a promoter's license from the commission, the court, on petition by the commission, shall enjoin him from such activities unless and until he has been duly licensed. The procedure in such cases shall be the same as in any other injunction suit. The remedies under this section are in addition to any other remedies under this part.

5 Pa.C.S. § 903 Representative managers' licenses.

(a) General rule.--Before acting as such, every representative manager shall procure a manager's license. He shall file with the department the name of each boxer whom he represents, together with a written consent from each boxer and his manager authorizing him to transact business for the manager or boxer or to act as or for the manager of the boxer. (b) Presumption.--Every person other than the manager of a professional boxer who performs any of the acts usually performed by the manager or who aids, assists or substitutes for the manager or who uses a licensed manager to conceal his own actions as a manager shall be considered a representative manager. (c) Penalty.--A violation of this section may subject the manager to suspension of not less than 30 days or revocation of his license, at the discretion of the commission, pursuant to section 1304 (relating to suspension or revocation of licenses or permits).

5 Pa.C.S. § 904 Foreign copromoters to procure permits.

(a) General rule.--No foreign copromoter shall directly or indirectly participate in the promotion of or receive any remuneration from or render any services in connection with any professional contest or exhibition held within this Commonwealth unless he has first been granted a permit therefor by the commission. No promoter shall be associated with any foreign copromoter in promoting any contest or exhibition unless the foreign copromoter has first secured a permit. A foreign copromoter by accepting a permit agrees to be subject to all the provisions of this subpart and the rules and regulations promulgated under this subpart. (b) Penalty.--A violation of this section may subject the promoter or foreign copromoter, or both, to suspension of not less than 30 days or revocation of his license or permit, at the discretion of the commission, pursuant to section 1304 (relating to suspension or revocation of licenses or permits).

5 Pa.C.S. § 905 Other licenses required.

(a) General rule.--A professional boxer, manager, second, trainer, matchmaker, timekeeper, referee, judge, announcer, physician, booking agent or agency or representative of a booking agent or agency shall not directly or indirectly act in such capacity in connection with any professional contest or exhibition unless he has first procured from the commission a license to act in that capacity. (b) Penalty.--A violation of this section may subject the person required to procure the license to suspension of not less than 30 days or revocation of or refusal to issue the license, at the discretion of the commission, pursuant to section 1304 (relating to suspension or revocation of licenses or permits).

5 Pa.C.S. § 906 Program permits.

In addition to the promoter's license, each promoter shall be required to procure a permit from the commission for each program of contests or exhibitions before presenting that program. Each application for a permit shall specify the premises where and time when the program is to be held.

5 Pa.C.S. § 907 Amateur events.

(a) General rule.--Except as otherwise provided in this subpart, no amateur contest or exhibition shall be held without a permit having been first secured by the sponsor from the commission for the event. Subject to subsection (d), amateur contests or exhibitions shall be held in accordance with this subpart and the rules and regulations promulgated under this subpart. (b) Eligibility.--Permits for amateur boxing contests or exhibitions shall be issued only to bona fide recognized amateur athletic associations, nonprofit organizations or other groups or individuals approved by the commission. (c) Permit fee.--The fee for the issuance of a permit for each program of amateur contests or exhibitions shall be fixed by commission regulation. (d) Rules.--With the written approval of the commission, amateur contests or exhibitions may be held in accordance with the rules of the amateur body sanctioning the event.

5 Pa.C.S. § 908 Prohibited interests.

An officer, director, stockholder or employee of a licensed promoter shall not have any other interest in any professional boxer or professional contests or exhibitions except as a matchmaker.

5 Pa.C.S. § 909 Local prohibitions.

No permit shall be issued for the holding of any boxing contest or exhibition within any political subdivision of this Commonwealth which has adopted any local ordinance or resolution prohibiting such contests or exhibitions within its limits.

5 Pa.C.S. § 910 Standards for issuance of licenses and permits.

(a) General rule.--In determining whether to issue or renew any license or permit, the commission shall consider the best interest and welfare of the public, the preservation of the safety and health of participants and the best interests of boxing generally. (b) Prerequisites.--Before being granted any permit or license, the applicant must establish that he is: (1) Of good moral character. (2) Of good reputation. (3) Physically fit and mentally sound. (4) Skilled in his profession. (5) Of requisite age and experience. (6) Not addicted to the intemperate use of alcohol or to the use of narcotic drugs. In the case of a corporate applicant, these factors shall be considered with reference to its officers, directors, employees and principal stockholders.

5 Pa.C.S. § 911 Duration of license.

Each license issued under this subpart shall expire on December 31 next following the date on which it was issued.

5 Pa.C.S. § 912 Applications for licenses and permits.

Every application for a license or a permit shall: (1) Be in writing on a form supplied by the commission. (2) Be verified by the applicant. (3) Set forth such information and have attached thereto such photographs and other exhibits as are required by this subpart, the rules and regulations promulgated under this subpart and the form of application.

5 Pa.C.S. § 913 Oral examinations.

The commission may require any applicant for a license or permit or, in the case of a corporate applicant, any officer, director, employee or stockholder thereof to appear before the commission for an oral examination, under oath, as to qualifications of the applicant before taking action on that application.

5 Pa.C.S. § 914 License fees.

The annual license fees which shall accompany each application for a license or the renewal of a license shall be fixed by commission regulation.

5 Pa.C.S. § 915 Permit fees.

(a) General rule.--The required fees, based upon the seating capacity of the premises where the program is to be presented, shall accompany each application for a permit to present a program of contests or exhibitions. The amount of the fee shall be fixed by commission regulation. (b) Foreign copromoter permit.--The fee for the issuance of a foreign copromoter's permit for each program of contests or exhibitions shall be fixed by commission regulation.

5 Pa.C.S. § 916 Gross receipts taxes.

(a) Gate receipts.--In addition to the payment of any other fees and moneys due under this subpart, a promoter or sponsor shall pay a tax of 5% of the gross receipts of every contest or exhibition held in this Commonwealth. (b) Broadcast rights.--The gross price paid to the promoters or sponsors for the sale, lease or other exploitation of broadcasting, television and motion picture rights of the contest or exhibition shall be subject to a gross receipts tax on a sliding scale as follows: (1) five percent on the cost of exploitation rights obtained for the first $60,000 or less; (2) three percent on the cost of exploitation rights obtained for the next $100,000; (3) two percent on the cost of exploitation rights obtained for the next $100,000; and (4) one percent on the cost of exploitation rights obtained for any amount over $260,000. (c) Pay-per-view telecasts.--Any producer who charges or receives a fee for having a contest seen on a pay-per-view telecast that is shown in this Commonwealth, utilizing a cable television system, shall pay a tax of 3% of the producer's gross receipts attributable to the individual pay-per-view telecast fees. The tax under this subsection shall be collected from the producer by the cable television system operator whose pay-per-view facilities are being utilized by the producer for this purpose and shall be forwarded to the commission. The producer's gross receipts upon which this tax is imposed shall not include Federal, State and local taxes paid by the individual who views the contest. (d) Payment.--Payment of the gross receipts tax provided for in this section shall be made within 48 hours after the contest or exhibition if the tax is payable under subsection (a) or within 45 days if the tax is payable under subsection (c). The payment shall be accompanied by a form prescribed by the commission setting forth the gross receipts received from the contest, exhibition or pay-per-view telecast and such other information as the commission may require. The form shall require the taxpayer to state the amount of gross receipts, the number of tickets sold and such other information as the commission may require. In the case of a live contest or exhibition, payment shall be accompanied by a verified statement by the ticket printer setting forth the number of tickets printed for use at the contest or exhibition. (e) Penalties.-- (1) A person who intentionally makes a false report under this section commits perjury and shall, upon conviction, be subject to punishment under 18 Pa.C.S. § 4902 (relating to perjury). The penalty shall be in addition to any other penalties imposed under this subpart. (2) A person who intentionally fails, neglects or refuses to file the form or pay the tax as prescribed in this section, or who refuses to permit the department to examine the books, papers and records pertaining to an event taxable under this section, commits a misdemeanor of the third degree and shall, in addition, be subject to suspension or loss of license or a civil penalty at the discretion of the commission. (f) Gross receipts.--Gross receipts shall be calculated without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges in respect thereto, except that Federal taxes and taxes imposed by a political subdivision may be deducted. Notwithstanding section 3 of the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, the tax levied under this subsection does not vacate ordinances or resolutions passed under the authority of that act. In the case of a live contest or exhibition taxable under subsection (a), gross receipts includes the face value of all tickets sold and complimentary tickets issued. In the case of a pay-per-view telecast taxable under subsection (c), gross receipts includes the total amount of all fees that were charged in order to view the event. Retroactivity. Section 7 of Act 32 of 1992 provided that subsec. (b) shall be retroactive to January 1, 1992.

5 Pa.C.S. § 917 Application and fees.

An application for a permit or license shall be verified and shall be accompanied by a nonrefundable application fee in an amount established by the commission by regulation, which fee shall be subject to review in accordance with the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. If the revenues generated by fees and civil penalties imposed pursuant to this subpart are not sufficient to match expenditures over a two-year period, the commission shall adjust those fees by regulation, subject to review in accordance with the Regulatory Review Act, such that the projected revenues will meet or exceed projected expenditures. If the department determines that fees and civil penalties established by the commission are inadequate to meet the costs of minimum enforcement efforts required by this subpart, then the department, after consultation with the commission, shall adjust the fees or civil penalties or both by regulation, subject to review in accordance with the Regulatory Review Act, such that adequate revenues are raised to meet those costs.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=05Fetched: 10/16/2026