201 KAR 27:012reg. General requirements for wrestling shows

      Section 1. Show Date Request and Advertising. (1) A promoter shall request a show date by completing and submitting to the commission the Show Notice Form, which is incorporated by reference in 201 KAR 27:011, Section 23(1)(a).

      (2) The Show Notice Form shall be submitted to the commission for approval no less than ten (10) calendar days before the requested show date.

      (3) A promoter shall not advertise the show until it has been approved by the commission. Approval is effective upon the commission:

      (a) Placing the event on the Calendar of Events available on the commission’s Web site at http://ins.kbwa.ky.gov/ecal.asp; or

      (b) Providing written notice that the event is approved.

      (4) An advertisement shall not include the name or image of a contestant who does not hold a license.

 

      Section 2. Cancellations. (1) A contestant who has committed to participate in a professional match and is unable to participate shall notify the promoter of the inability to participate as soon as possible.

      (2) Absent good cause shown, failure to notify the promoter of an inability to participate in a wrestling match at least six (6) hours before the beginning of the match may constitute grounds for disciplinary action.

 

      Section 3. Security Required. The promoter shall provide a minimum of two (2) security guards on the premises for each show.

 

      Section 4. Locker Rooms. A person shall not be permitted in the locker room unless the person holds a license or has been granted permission by the promoter or inspector.

 

      Section 5. Drug Testing. (1) The commission may request a licensee to submit to a drug test at the licensee’s expense. The presence of controlled substances within a licensee for which the licensee does not have a prescription, or the refusal by the licensee to submit to the test, may result in disciplinary action pursuant to 201 KAR 27:105. For purposes of this section, "controlled substance" is defined in KRS 218A.010(6).

      (2) From arrival at the venue to the conclusion of the show or exhibition, a licensee shall not consume, possess, or participate under the influence of alcohol or another substance that may affect the licensee’s ability to participate.

 

      Section 6. Pregnancy. A female shall be prohibited from competing in a wrestling show if she is pregnant.

 

      Section 7. Requirements for the Area Surrounding the Wrestling Ring. A border shall be placed at least six (6) feet from all sides of the ring. Spectator seating shall not be allowed between the border and ringside without prior inspector approval.

 

      Section 8. Foreign Objects and Props. (1) A person shall not use a foreign object on another person during a match without the prior approval of the inspector. For purposes of this section, "foreign object" means an instrument, tool, implement, prop, or any article with sharp edges that would pose a high degree and risk of profuse bleeding or serious physical injury.

      (2) A person shall not use or direct another person to use pyrotechnics, glass, or fire on himself, herself, or another person during a match.

 

      Section 9. Blood and Simulated Blood. (1) The promoter shall notify the commission on the Show Notice Form required by Section 1 of this administrative regulation if a contestant plans to bleed during a show.

      (2) The promoter shall arrange for a healthcare professional to be present at any show where bleeding by a wrestler is planned. The healthcare professional shall observe the show at all times during a match where bleeding by a wrestler is planned. The healthcare professional shall be equipped with a first aid kit.

      (3) Prior to any show in which a wrestler plans to bleed or in which simulated blood will be used, the promoter or the promoter’s designee shall inform the inspector and the healthcare professional of when in the match and how the bleeding or simulated bleeding will occur.

      (4) Any wrestler who plans to bleed during a match shall submit to the commission an original or certified copy of his or her HIV Antibody, Hepatitis B Antigen, and Hepatitis C Antibody test results prior to the beginning of the show. The results of these tests shall be no more than 180 days old. A person with a positive test result for HIV, Hepatitis B, or Hepatitis C shall not be licensed and shall not compete.

      (5) A wrestling match shall be stopped immediately if a wrestler bleeds who has not submitted to the commission an original or certified copy of his or her HIV Antibody, Hepatitis B Antigen, and Hepatitis C Antibody test results taken from within the last 180 days that shows that the wrestler is negative for HIV, Hepatitis B, and Hepatitis C.

      (6) The commission shall be notified immediately if a contestant bleeds during a match in which notice of intended bleeding was not given in accordance with subsection (1) of this section. The video recording required by Section 10 of this administrative regulation shall be sent to the commission within five (5) business days. If the commission determines that the bleeding was not accidental, the contestant and promoter may be subject to disciplinary action.

 

      Section 10. Video Recording. (1) The promoter shall ensure that a video recording of each show is made. A copy of the video recording shall be retained by the promoter for at least one (1) year.

      (2) The promoter shall provide the video recording of a show to the commission upon request[The authority shall license each person approved to participate in wrestling. Each license shall expire on December 31 of the year in which it is issued.

 

      Section 2. Application. (1) An applicant for a wrestling license shall complete and submit to the authority the form, Application for License as a Wrestler, along with a photo identification or birth certificate.

      (2) An applicant desiring to renew a wrestling license shall complete and submit to the authority the form, Application for Renewal of License as a Wrestler.

      (3) An applicant for a wrestling event staff or referee license shall complete and submit to the authority the form, Application for License as a Wrestling Official, along with a photo identification or birth certificate. A copy of the applicant’s picture ID or birth certificate shall be submitted with any new application.

 

      Section 3. (1) The license fee for each participant shall be as follows:

      (a) Event staff: twenty (20) dollars;

      (b) Referee: twenty (20) dollars; and

      (c) Wrestler: twenty (20) dollars.

      (2) A wrestler certificate may be purchased for an additional ten (10) dollars.

 

      Section 4. Requirements for the Wrestling Ring and the Immediately Surrounding Area. (1) Each match shall be held in a four (4) sided roped ring with the following specifications:

      (a) The minimum ring size shall be fourteen (14) feet by fourteen (14) feet;

      (b) The floor of the ring shall extend beyond the ropes for a distance of not less than one (1) foot;

      (c) The floor of the ring shall not be elevated more than six (6) feet above the arena floor; and

      (d) It may have steps to enter the ring on two (2) sides.

      (2) The ring shall be formed of ropes with the following specifications:

      (a) There shall be three (3) ropes extended in a triple line;

      (b) The ropes shall be at least one (1) inch in diameter; and

      (c) The ropes shall be clean, wrapped, and drawn taut.

      (3) The ropes shall be supported by ring posts that shall be:

      (a) Made of metal or other strong material;

      (b) Not less than three (3) inches in diameter; and

      (c) At least eighteen (18) inches from the rope.

      (4) The ring floor shall be padded or cushioned with a clean, soft material that:

      (a) Is at least one (1) inch in thickness;

      (b) Extends over the edge of the platform;

      (c) Is covered with canvas or a synthetic material stretched tightly, unless the event is held outdoors, in which case only canvas shall be used; and

      (d) Is clean, sanitary, and free from:

      1. Grit;

      2. Dirt;

      3. Resin;

      4. Blood; and

      5. Any other foreign object or substance.

      (5) The ring rope shall be attached to the ring posts by turnbuckles that shall be padded with a soft pad at least six (6) inches in width.

      (6) The ring shall have an area of at least six (6) feet between the edge of the ring floor and the first row of spectator seats on all sides of the ring.

      (7) A partition, barricade, or some type of divider shall be placed:

      (a) Between the first row of the spectator seats and the six (6) foot area surrounding the ring; and

      (b) On both sides of the entry lane for wrestlers to enter the ring and the spectator area or, if an entry lane is not practical, all wrestlers shall be escorted to the ring by security.

 

      Section 5. The promoter may request an alternate ring design consisting of more than four (4) equal sides if the square feet is not less than 196 square feet inside. This request shall be submitted in writing to the authority for approval no less than thirty (30) days before the show.

 

      Section 6. (1) Before the beginning of a wrestling show, all changes or substitutions in the advertised program of wrestling shall be posted at the ticket window and at the entrance to the facility.

      (2) Changes or substitutions shall also be announced in the ring before commencement of the first match along with the information that any ticket holder desiring a refund based on those announced changes or substitutions shall be entitled to receive a refund before commencement of the program.

      (3) A ticket purchaser shall be entitled, upon request, to a refund of the purchase price of the ticket, if the request is made before the commencement of the first match.

 

      Section 7. (1) A licensed wrestler who has made a commitment to participate in a professional match and is unable to participate, for any reason, shall notify the promoter of the inability to participate within at least six (6) hours of the scheduled start time.

      (2) Failure to notify the promoter in accordance with subsection (1) of this section shall constitute grounds for possible disciplinary action by the authority.

 

      Section 8. While participating in a professional match, a wrestler, referee, promoter, or wrestling event staff shall not:

      (1) Use, or direct another person to use, an object or tactic to intentionally cut or cause bleeding to himself or another person. If a person accidentally bleeds while participating in an exhibition, show, or appearance, the individual bleeding shall cease participation in the match and may rejoin the match once the bleeding has stopped. The authority shall be notified within twenty-four (24) hours if bleeding occurs.

      (2) Use pyrotechnics on himself or another person; or

      (3) Use an object that is likely to cause a person to bleed.

      (4) Use unreasonable physical or verbal threat of aggression directed toward a member of the audience.

 

      Section 9. In the event that a scheduled show involves a match where blood capsules are to be used or wrestling is to take place in a substance, the promoter shall inform the authority no less than three (3) business days before the match.

 

      Section 10. A violation of this or any other administrative regulation in 201 KAR Chapter 27 that results in injury to a contestant, participant, or member of the audience shall result in suspension, fine, revocation of a license or a combination of these penalties.

 

      Section 11. All wrestling or entertainment shall take place either in the ring or within the partitioned-off portion of the gym or arena. Physical activity shall not be permitted between wrestlers, referee, or wrestling event staff in the audience or outside of the safety partition.

 

      Section 12. Each promoter shall safeguard and provide a minimum of two (2) security guards for the premises where contests or exhibitions are conducted, including the locker room, to ensure that adequate protection against disorderly conduct has been provided. Any disorderly act, assault, or breach of decorum on the part of a licensee at the premises shall be prohibited.

 

      Section 13. (1) The promoter shall submit a request for a show date no less than five (5) calendar days before the requested date for approval by the authority.

      (2) The request shall be made by completing and submitting to the authority the form, Wrestling Show Notice Form.

      (3) There shall be no advertising of the event prior to approval.

      (4) Upon approval by the authority, all advertisements shall include the promoter’s license number.

 

      Section 14. Within twenty-four (24) hours of the conclusion of the wrestling show, the promoter shall, pursuant to KRS 229.031(1), complete and submit to the authority the form, Wrestling Event Report.

 

      Section 15. (1) The authority may request a contestant to submit to a drug test at the contestant’s expense. The presence within a contestant of controlled substances, for which the contestant does not have a prescription, or refusal by the contestant to submit to the test, shall result in suspension, fine, revocation of a license, or a combination of these penalties.

      (2) From arrival to the venue to the conclusion of the event, a contestant shall not consume, possess, or participate under the influence of alcohol or another substance that may affect the contestant’s ability to participate.

 

      Section 16. (1) An initial applicant shall provide the authority with a copy of a sports physical conducted by a physician licensed by a state medical board. This physical shall have been conducted no more than three (3) months prior to submission to the authority.

      (2) A licensee over the age of forty-nine (49) shall submit a sports physical yearly upon renewal. This physical shall have been conducted mo more than three (3) months prior to submission to the authority.

 

      Section 17. (1) Each show shall be video recorded and retained by the promoter for at least one (1) year.

      (2) Upon request of the authority, the promoter shall provide the video recording of a show to the authority.

 

      Section 18. A promoter shall provide separate locker rooms for males and females.

 

      Section 19. A female shall not wrestle if she is pregnant.

 

      Section 20. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for License as a Wrestler", 1/2012;

      (b) "Application for Renewal of License as a Wrestler", 1/2012;

      (c) "Application for License as a Wrestling Official", 1/2012;

      (d) "Wrestling Show Notice Form", 1/2012; and

      (e) "Wrestling Event Report", 1/2012.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Boxing and Wrestling Authority office at 500 Mero Street, Capitol Plaza Tower, Room 509, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m].

 

CHAD E. MILLER, Chairman

DAVID A. DICKERSON, Secretary

      APPROVED BY AGENCY: July 14, 2016

      FILED WITH LRC: July 15, 2016 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 24, 2016, at 4:00 p.m., at the Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing no later than five (5) working days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted if received at or before 11:59 p.m. on August 31, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation by the above date to the contact person.

      CONTACT PERSON: Barry Dunn, Executive Director, Office of Legal Services, Kentucky Public Protection Cabinet, 500 Mero Street, 5th Floor, Frankfort, Kentucky 40601, phone [phone], fax [phone], email [e-mail].

 

Regulatory Impact Analysis and Tiering Statement

 

Contact Person: Barry Dunn

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This regulation sets standards that govern wrestling.

      (b) The necessity of this administrative regulation: This regulation is necessary to more clearly set forth the requirements for wrestling shows.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation conforms with KRS 229.171, which grants the KBWC authority to control and manage shows and exhibitions. KRS 229.180 also authorizes the KBWC to adopt and promulgate, amend or abrogate any and all rules and regulations considered by it necessary or expedient for the performance of its functions provided in KRS Chapter 229.

      (d) How this administrative regulation currently assists or will assist in the effective administrative of the statutes: This regulation is necessary to meet the statutory requirement relating to the KBWC’s regulation of wrestling shows.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment is necessary to coordinate the contemporaneous revisions made to other regulations and to render the requirements of 201 KAR Chapter 27 as easy to read and understand as possible. This amendment deletes redundancies and repeals several unnecessary regulations that limit the growth of professional wrestling in Kentucky and impede on the product promoters are attempting to create. All licensing requirements have been moved to 201 KAR 27:008. The rule that stops a match when a contestant bleeds has been removed and replaced to require the promoter to notify the Commission if a contestant plans to bleed, to require a healthcare professional to be present, and to require the promoter to obtain a copy of the contestant’s blood work. Most of the ring requirements have been removed and certain prop prohibitions have been repealed while others are increased.

      (b) The necessity of the amendment to this administrative regulation: This regulation is necessary to more clearly set forth the requirements for wrestling shows and to attract more wrestling events to Kentucky.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 229.180 also authorizes the KBWC to adopt and promulgate, amend or abrogate any and all rules and regulations considered by it necessary or expedient for the performance of its functions provided in KRS 229.

      (d) How the amendment will assist in the effective administrative of the statues: This amendment will aid in the effective the administration of the statute by clearly setting forth the requirements for wrestling shows, and thereby ease the burden of licensees attempting to comply.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This regulation impacts the Boxing and Wrestling Commission, those licensed as a wrestler and others participating in the execution of events such as promoters, judges, referees, doctors and all other parties referenced in 201 KAR Chapter 27. The Commission licenses around 850 people associated with wrestling in a given year.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Certain wrestlers will be required to submit the results of blood tests prior to competing.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be no cost associated with the implementation in this amendment unless a wrestler intends to bleed during a show, in which case he or she will be required to pay for and obtain a drug test.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This amendment will benefit all entities involved. It is intended that the clarity brought by this amendment will attract world-class events to the Commonwealth and bolster economic opportunities for the entities identified through sales of tickets, merchandise, food, and hotel rooms.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No cost.

      (b) On a continuing basis: No cost.

      (6) What is the source of the funding to be used for implementation and enforcement of this administrative regulation: No additional funding is required for implementation and enforcement of this amendment.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding are necessary for the implementation of this amendment because it costs nothing.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This regulation does not establish any fees.

      (9) TIERING: Is tiering applied? Tiering is not applied because all wrestlers are treated equally.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Boxing and Wrestling Commission.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 229.021, 229.031, 229.071, 229.081, 229.091, 229.171, and 229.180 provide the statutory authority for this administrative regulation.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. This amendment will have no net impact on the expenditures and revenues of any state or local government agency.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? Although a specific dollar amount is indeterminable, it is reasonable to believe that this amendment will promote professional wrestling throughout the Commonwealth while attracting professional organizations to hold events, and create a positive economic impact.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? Although a specific dollar amount is indeterminable, it is reasonable to believe that this amendment will promote professional wrestling throughout the Commonwealth while attracting professional organizations to hold events, and create a positive economic impact.

      (c) How much will it cost to administer this program for the first year? The KWBC does not anticipate any net change in the cost to administer this program in the first year.

      (d) How much will it cost to administer this program for subsequent years? The KWBC does not anticipate any net change in the cost to administer this program in subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): 0

      Expenditures (+/-): 0

      Other Explanation: None.

Notation

      RELATES TO: KRS 229.021, 229.031, 229.071[(1)], 229.081, 229.091, [229.101, 229.131,] 229.171[(1), 229.180(1)]

      STATUTORY AUTHORITY: KRS 229.021, 229.031, 229.071, 229.081, 229.091[(1)], 229.171[(1)], 229.180[(1)]

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 229.171(1) authorizes the commission to exercise sole jurisdiction over all boxing, kickboxing, mixed martial arts, and wrestling shows, exhibitions, and licensees in the commonwealth[authority to provide the sole direction, management, control, and jurisdiction over all professional boxing, sparring, and wrestling matches or exhibitions to be conducted, held, or given within the Commonwealth. KRS 229.180(1) authorizes the authority to promulgate administrative regulations necessary or expedient for the performance of its regulatory function. KRS 229.021 and 229.071(2) and (3) authorize the authority to grant annual licenses to applicants for participation in professional matches if the authority determines that the financial responsibility, experience, character, and general fitness of the applicant indicate that participation by the applicant is in the public interest. KRS 229.091(1) provides that every licensee shall be subject to the administrative regulations promulgated by the authority]. This administrative regulation establishes the requirements for wrestling shows and for participants in wrestling shows[matches].