Title 19 Part 213 NYCRR — browse free

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19 NYCRR 213.1 - Purpose

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The purpose of this Part is to establish a process by which entities may be recognized and approved by the commission as promoters of professional wrestling to oversee and conduct professional wrestling events in the State of New York.

19 NYCRR 213.2 - Definitions

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As used within this Part, the following terms shall have the meanings provided herein:

(a)Commission means the New York State Athletic Commission or a duly authorized representative thereof.

(b)Professional wrestling means an activity in which participants struggle hand-in-hand primarily for the purpose of providing entertainment to spectators and which does not comprise a bona fide athletic contest or competition. Professional wrestling is not a combative sport. Wrestling constituting bona fide athletic contests and competitions, which may be professional or amateur combative sport, shall not be deemed professional wrestling under this Part. Professional wrestling as used in this Part shall not depend on whether the individual wrestlers are paid or have been paid for their performance in a professional wrestling exhibition. All engagements of professional wrestling shall be referred to as exhibitions, and not as matches.

(c)Promoter of professional wrestling means an entity licensed by the commission to promote and conduct exhibitions of professional wrestling as defined herein.

(d)Entity means a person, organization, partnership, limited liability company or corporation.

(e)Physician shall mean a practitioner of medicine licensed in New York State to practice medicine pursuant to article 131 of the Education Law.

19 NYCRR 213.3 - License required

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No entity shall promote or conduct a professional wrestling exhibition without having been licensed to do so by the commission. A licensed promoter shall be responsible to the commission for the activities of all participants in professional wrestling exhibitions promoted or conducted by such licensed promoter. No licensed promoter shall avail its license to another for any purpose.

19 NYCRR 213.4 - Application for license

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(a)Upon application therefor, the commission may license an entity as a promoter of professional wrestling. Such application shall be made on a form prescribed by the commission and affirmed by the applicant as true under penalties of perjury. Such application may include for review, upon request by the commission, among other things required by the commission:

(1)the entity’s policies, protocols and requirements with respect to the termination of any professional wrestling match or activity when any participant has endured severe punishment of is in danger of suffering serious physical injury;

(2)the entity’s policies, protocols and requirements to effectuate the appropriate and timely medical treatment of injured persons;

(3)the entity’s policies, protocols and requirements with respect to the presence and responsibilities of a licensed physician at each exhibition;

(4)the entity’s policies, protocols and requirements with respect to the use of performance enhancing drugs and illegal substances by participants;

(5)the entity’s policies, protocols and requirements with respect to pre-exhibition physical examination by a licensed physician, including but not limited to cardiac and neurological evaluation;

(6)the entity’s policies, protocols and requirements with respect to pre-competition medical testing for blood and bodily fluid borne communicative diseases such as HIV and hepatitis;

(7)the entity’s policies, protocols and requirements with respect to the availability of appropriate emergency medical personnel, equipment, and ambulance transportation;

(8)the entity’s prior experience and expertise in the oversight, supervision and conduct of professional wrestling;

(9)the entity’s trustworthiness and competence to promote, organize and conduct professional wrestling;

(10)documentation, data, policies, rules, and other exhibits as may be requested by the Commission.

(b)The commission may deny an application for improper past performance, lack of trustworthiness, lack of general fitness, failure to provide information and representations sufficient to assure the establishment, exhibition and maintenance of appropriate financial, medical, organizational and operational capacity and controls at exhibitions, a failure to timely render any application or license fee due to the commission, the failure to file approved bonds with the Office of the State Comptroller, or the failure to pay taxes required pursuant to the laws of the State of New York.

19 NYCRR 213.5 - Grounds for denial and disciplinary action

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(a)An application for licensure as a promoter of professional wrestling may be denied and a license issued by the commission may be suspended or revoked and a fine may be issued for any of the following:

(1)a violation of article 41 of the General Business Law and any rules or regulations promulgated thereunder;

(2)in recognition of any suspension, revocation, or other disciplinary action taken by the State of New York or any other state against any license, certificate, or other approval held by the entity;

(3)a failure to have appropriate legal authority to conduct business in New York State;

(4)a failure to satisfy, comply or fully cooperate with a commission review, request for information, inquiry, or inspection;

(5)for the promotion of any exhibition that conducts unlawful or unlicensed activities;

(6)a failure to adhere to the assurances or representations contained in the entity’s application for license or renewal of license;

(7)a material misstatement or omission within the entity’s application for certification or renewal of certification;

(8)a failure to exhibit or maintain appropriate financial, medical, organizational and operational capacity and controls at exhibitions;

(9)a failure of the promoter to maintain a satisfactory record of integrity and safety;

(10)engaging in fraud or fraudulent practices, or for dishonest or misleading advertising, including representing a professional wrestling event as anything but an exhibition, availing the entity’s license to another, or for demonstrated untrustworthiness or incompetency in relation to the promotion or conduct of professional wrestling exhibitions;

(11)for engaging in or permitting to be conducted at a promoted exhibition any activity which is detrimental to the health, safety and well-being of a professional wrestling participant, or which is detrimental to the public’s health, safety and welfare.

19 NYCRR 213.6 - Recordkeeping

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A promoter of professional wrestling shall maintain appropriate records of events or exhibitions sanctioned, including but not limited to the following: descriptions and documentation of each promoted exhibition; all associated advertising copy; the legal name and ring name of each participant; the name and address of the venue at which the exhibition is held; a record of whether any injuries were sustained by participants; and the completed form documenting the results of each and every examination conducted by the licensed physician in attendance, as required by this Part.

19 NYCRR 213.7 - General requirements

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(a)Insurance.

A promoter of professional wrestling shall continuously provide accident insurance or such other form of financial guarantee deemed acceptable by the commission for the protection of professional wrestlers appearing in wrestling exhibitions as required pursuant to section 208.15 of this Title.

(b)Attendance by physician.

A promoter of professional wrestling shall insure that a physician is in attendance at each exhibition. Such physician shall examine each wrestler prior to and after each performance and record his or her findings on a form prescribed by the commission. No prospective participant may engage in the exhibition until authorized to do so by the attending physician.

(c)Availability of emergency services.

A promoter of professional wrestling shall insure the presence of appropriate emergency medical personnel, equipment, and, effective January 1, 2017, ambulance transportation on site at each exhibition.

(d)Intentional cutting prohibited.

A promoter of professional wrestling shall not permit cutting, blading, or gigging, whereby one or more wrestlers intentionally cut their own skin or the skin of another during the exhibition.

(e)Safety.

A promoter of professional wrestling shall ensure that all areas in which wrestling takes place during an exhibition are matted, equipped, or otherwise maintained in such a manner as necessary to assure a reasonable degree of safety to the participants in light of the professional wrestling activities to be performed. In no event shall a participant be permitted to threaten, molest, hit or abuse, physically or verbally, any spectator, or engage in any conduct endangering the health, safety, or well-being of any spectator during the course of a professional wrestling exhibition. A licensed promoter shall not permit any prospective participant wrestler to engage in a professional wrestling exhibition while subject to a medical suspension issued by the commission or by any member of the Association of Boxing Commission (ABC) in relation to any combative sport, except as otherwise authorized by Federal law.

19 NYCRR 213.8 - Physical examination of wrestler

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(a)The licensed promoter of a professional wrestling exhibition shall provide for a physician to be present at each exhibition. Such physician shall examine all participants engaging in the professional wrestling exhibition prior to performance. Such examination shall include an assessment of, at minimum, the participants’ blood pressure, pulse, head, eyes, ears, nose, throat, pupils, vertebral column and extremities, cardiac and neurological health, as well as evidence of other injuries, illness or disability. No prospective participant shall be permitted to engage in the professional wrestling exhibition if, in the professional medical opinion of the examining physician, such participant has any medical condition, illness, lack of physical fitness or other condition that prevents him or her from giving a full, complete and satisfactory performance, or endangers his or her health and safety or the health and safety of his or her opponent. Upon completion of the examinations, the examining physician shall provide the commission and the licensed promoter with a signed written report, in form and manner acceptable to the commission, certifying that the requisite examinations were performed.

(b)No participant requiring examination pursuant to this section shall intentionally mislead the physician or conceal from the physician any facts known to the participant with regard his or her medical history, including any prior or existing medical condition, illness or injury relevant to the examination and evaluation performed by the physician.

(c)All participants must present themselves for such physician-conducted examination prior to the commencement of the exhibition. No exhibition may commence until all such examinations have been completed. No participant disqualified by the physician shall be allowed to participate in the exhibition.

19 NYCRR 213.9 - Commission access to records and exhibitions

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A promoter of professional wrestling shall make its records available to the commission for review and copying at any time and without limitation. An inspector, deputy or other commission employee shall be permitted entry to any event at any time without limitation.

19 NYCRR 213.10 - Prior notification of exhibitions and commission attendance

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A promoter of professional wrestling shall inform the commission of all exhibitions to be held within the State of New York at least 10 days prior to the date of the scheduled match or exhibition. Such notice shall be completed and submitted in a form and manner required by the commission. Such notice shall include the name or title given to the exhibition, the address of the venue at which the exhibition is to be held, the start time and anticipated duration of the exhibition, the number of participants anticipated to perform during the exhibition, the name and business address of the promoter(s) of the exhibition to be held, the legal name and business address of the physician(s) who will be present at the exhibition, the name and business address of the entity providing the ambulance service for the exhibition, and the name of the promoter’s official representative who will be present at the exhibition.

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