NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 876

SENATE BILL 498

 

AN ACT TO AMEND CHAPTER 156 PRIVATE LAWS OF 1929 AS AMENDED BY CHAPTER 35 PRIVATE LAWS OF 1931 RELATING TO THE CITY OF ASHEVILLE BOXING AND WRESTLING COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1. The Establishment of the City of Asheville Boxing and Wrestling Commission.  There is hereby established The City of Asheville Boxing and Wrestling Commission (hereinafter referred to as "commission") to regulate and control boxing and wrestling in the City of Asheville.  The members of the present Asheville Boxing and Wrestling Commission shall constitute the members of said commission and shall hold office for the period of their present appointment.  Thereafter, their successors shall be appointed by the governing body of the City of Asheville for the term of four years.  The commission shall maintain general offices for the transaction of business in the City of Asheville.  There shall be three members of the commission and the members of the commission shall elect one of its members chairman and one of its members secretary-treasurer.  Two of the members of the commission shall constitute a quorum to do business and a concurrence of at least two commissioners shall be necessary to render a choice or decision by the commission.  Each member of the commission shall be entitled to receive his actual and necessary travel and other expenses incurred by him in the performance of his official duties and in addition thereto, the governing body of the City of Asheville shall have the authority by its budget to annually establish such salaries as they shall determine from time to time for the remuneration of the members of the commission.  The secretary of the commission shall be authorized to collect license fees and other fees as herein set forth.  Said secretary-treasurer shall give a bond to the City of Asheville in such amount as shall be determined by the governing body of the City of Asheville, said bond to be conditioned upon the faithful performance of his duties by said secretary-treasurer.

Sec. 2. Meetings and Reports of the Commission.  The commission shall meet at least annually and at such additional times, upon the call of the chairman, as may be necessary to conduct the business of the commission.  Any member of the commission shall have the authority to call a meeting of the commission upon 10 days' written notice to the other members of the commission.  When one member of the commission shall have to attend events regulated by the commission, in order to supervise such event in any capacity or capacities, such member shall be compensated at the rate of twenty-five dollars ($25.00) per event.  There shall be a record made by the secretary-treasurer of all of the proceedings before the commission and a report shall be made annually to the City of Asheville of the commission's proceedings for the year and such recommendations pertaining to its affairs as it shall deem desirable.  At the time of the making of the report, there shall be also included a full and detailed statement of all of the receipts and disbursements, including expenses of the commission, during the preceding year and any surplus funds, less reasonable cash reserves for anticipated expenses, shall be paid over to the City of Asheville.

Sec. 3. Power of Commission.  The commission shall have and it is hereby vested with the sole direction, management, control of and jurisdiction over all boxing, sparring and wrestling matches and exhibitions to be conducted, held or given within the City of Asheville, by any person, club, corporation or association; and no boxing, sparring or wrestling match or exhibition shall be conducted, held or given in said city except pursuant to its authority and in accordance with the provisions of this act.

The commission shall have authority to make reasonable rules and regulations with respect to the following:

(1)       Buildings in which boxing, sparring or wrestling matches shall be held, such rules and regulations to be in conformity to the building code for the State of North Carolina.

(2)       Publication of the price of admission.

(3)       Resale of tickets of admission in excess of their original prices.

(4)       Any sham of fake boxing, sparring or wrestling match or exhibition.

(5)       For the prevention of the making of any wager with respect to the outcome of any events.

(6)       For the length of the rounds of boxing or sparring matches and the weight of boxing gloves.

(7)       For the prevention of receiving or accepting any money or presents from any boxer or exhibitor or wrestler for some special privilege or for discriminating in the matters of making a match.

(8)       For the prevention of the sale of intoxicating beverages or the consumption of the same within the premises in which a boxing, sparring or wrestling match is being held.

(9)       For the physical fitness of any participant in any boxing, sparring or wrestling match.

(10)     For the regulation of live or delayed radio or television broadcasting of events under the supervision of the commission.

(11)     For such other purposes as shall promote the wholesome exhibition of boxing and wrestling and the safety and health of the participants and their viewing audience.

Sec. 4. Participant Licenses.  The commission may issue licenses to the following upon a satisfactory showing to the commission that the persons applying for the license are persons of good moral character and have not committed a felony and that they are physically and mentally able to perform in the events and for the purposes for which they are licensed, after the payment of the license fees set opposite their titles:

Boxers                                                     $10.00

Wrestlers                                                $10.00

Managers                                                 $10.00

Referees                                                  $10.00

Physicians                                                 $5.00

Timekeepers                                              $5.00

Announcers                                               $5.00

Promoters                                               $25.00

Seconds                                                     $5.00

Licenses shall be good for one year from date of issue and the commission shall have the authority to revoke the licenses upon an adequate showing that the licensee has violated any of the rules of the commission or this act or has committed any criminal act or is no longer physically able to perform in the events for which he is licensed.

Sec. 5. Promoters Event License.  Every person, club, corporation or association which may hold or exercise any of the privileges conferred by this act shall within 24 hours after the determination of every contest furnish to the commission a written report, under oath, showing the exact number of tickets sold for such contest and amount of gross proceeds thereof, and such other matters as the commission may prescribe, and shall within the said time pay to said commission a license fee of five percent (5%) of the total gross proceeds from the sale of tickets of admission and the sale of radio and television, including closed circuit television, or motion picture rights, to such boxing, sparring or wrestling match, contest or exhibition for either live performances or by closed circuit television, provided, however, that proceeds of any event subject to regulation by the commission and held in the Asheville Civic Center shall not be disbursed to such person, firm or corporation until the commission has certified in writing to the city manager of the City of Asheville or his designee that all fees due the commission with reference to such event have been received by the commission; this section shall not apply to veterans' organizations, civic clubs, fraternal organizations, or eleemosynary organizations.

Sec. 6. Promoters Bond.  Before any licenses shall be granted to any person, club, corporation or association to conduct, hold, promote or give any boxing, sparring or wrestling match or exhibition such applicant thereafter shall execute and file with the commission a bond in the sum of five hundred dollars ($500.00), to be approved as to form and the sufficiency of the sureties thereon, by the commission, conditioned upon the payment of the license fees hereby imposed for all of the participants, and further conditioned upon the payment of all debts of the promoter due the commission or the City of Asheville for the promotion of such matches or exhibitions.

Sec. 7. Interscholastic or Intercollegiate Boxing and Wrestling.  Nothing in this act shall be construed to apply to any interscholastic or intercollegiate boxing or wrestling match in the City of Asheville in which members of such schools are participating; this section shall not apply to veterans' organizations, civic clubs, fraternal organizations, or eleemosynary organizations.

Sec. 8. Penalty for Violation of this Act.  Any persons who violate the provisions of this act or any of the rules made by the commission in conformity with the authority herein granted shall be guilty of a misdemeanor and subject to a fine of not more than fifty dollars ($50.00) or imprisonment for not more than 30 days; this section shall not apply to veterans' organizations, civic clubs, fraternal organizations or, eleemosynary organizations.

Sec. 9. Repeal.  All laws and ordinances not in conformity with this act are hereby repealed.

Sec. 10. Severability.  If any portion of this act shall be found unconstitutional, those parts of this act which are not so found unconstitutional shall be and remain in full force and effect.

Sec. 11. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of June, 1975.