Chap. 303.—An ACT to provide for a State Boxing and Wrestling Commission,
to prescribe its powers and duties, and to provide for the expense of ad-
ministering this act; to authorize and empower counties, cities and towns to
determine by ordinance, referendum, or otherwise, when boxing and wrestling
contests may be held therein; to provide for boxing and wrestling contests
for prizes or purses, or where an admission is charged, and limiting such box-
ing contests to ten rounds and wrestling matches by such rules as may be
promulgated by the commission; to prescribe conditions under which licenses
shall be issued and contests held; to declare that amateur boxing and wrestling
contests conducted heretofore shall be subject to the provisions of this measure
and under the sole jurisdiction of such commission in all cases wherein an
admission fee is charged spectators to witness such amateur boxing and/or
wrestling contests; to provide for licensing and taxing such boxing and
wrestling matches and providing for the distribution of the moneys derived
therefrom. [H B 91]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, That a State
Wrestling and Boxing Commission, hereinafter sometimes referred to as
the commission, is hereby created and established and said commission
shall be and is hereby vested with and possessed of the powers and duties
in this act, specified, and all other powers necessary and proper to
enable it to execute fully and effectually all the purposes of this act.
Within thirty days after the passage and publication of this act, the
Governor shall appoint a member who shall serve for one year, another
for two years, and another who shall serve for four years. Thereafter
each member shall be appointed for a term of five years. Two members
of the commission shall constitute a quorum for the exercise of the
powers or authority conferred upon it, and in case of a vacancy, the
remaining members of the commission, unless such vacancy is filled.

The members of the commission shall receive no compensation for
their services, but shall be reimbursed their actual traveling and other
expenses incurred in the performance of their official duties,
2. The commission shall maintain a general office for the transaction
of its business at such place as the commission may designate. The
commission may hold meetings at any place when the convenience of
the parties so require. The members of the commission shall elect one
of their number chairman of the commission, shall adopt a seal for the
commission and make such rules and regulations for the administration
of their office, not inconsistent herewith, as they may deem expedient,
and may from time to time amend or abrogate the same.

3. The commission shall appoint, and may remove, a secretary to
the commission, whose duty it shall be to keep a full and true record
of all the proceedings of the commission, preserve at its general office
all its books, documents and papers, prepare for service such notices
and other papers as may be required of him by the commission, and to
perform such other duties as the commission may prescribe; and he
may, under the direction of the commission, issue subpoenas for the
attendance of witnesses before the commission with the same effect
as if they were issued in an action in the circuit court, and may, under
the direction of the commission, administer oaths, in all matters ap-
pertaining to the duty of his office or connected with the administration
of the affairs of the commission. Disobedience of such subpoenas and
false swearing before such secretary, shall be subject to the same pen-
alties, as 1f such disobedience or false swearing occurred in an action in
a court of record.

4. The secretary shall hold office during the pleasure of the com-
mission and shall give a bond to the State of Virginia in the sum of
two thousand dollars, with good and sufficient sureties to be approved
by the commission, for the faithful performance of his duties as such
secretary. Such secretary shall receive such salary as the commission
shall fix, not exceeding eighteen hundred dollars per annum.

5. The commission shall have, and is hereby vested with the sole di-
rection, management and control of, and jurisdiction over, all wrestling,
boxing and sparring matches and exhibitions to be conducted, held or
given within the State by any club, corporation or association; and no
wrestling, boxing or sparring matches or exhibitions shall be conducted,
held or given within the State except pursuant to authority therefor
granted by the commission and in accordance with the provisions of
this act and the rules and regulations of the commission. The com-
mission may, at its discretion, issue, and for cause revoke a license to
conduct, hold or give wrestling, or boxing and sparring matches and
exhibitions to any incorporated club or association formed as herein-
after provided. The commission shall have full power and authority
to limit the number of wrestling, sparring or boxing exhibitions to be
held or given by any club, organization or corporation in any city or
county, in this State, wherein such wrestling or boxing contests are
conducted in the manner herein provided. No wrestling, boxing or
sparring exhibition shall be conducted by any club, organization or
corporation having a license to conduct wrestling, sparring or boxing
exhibitions in this State except by a sanction or permit from the com-

mission. Every license shall be subject to such rules and regulations,
and amendments thereof, as the commission may prescribe. No license
shall be issued by the commission to any club, corporation or associa-
tion to conduct wrestling, boxing or sparring exhibitions as herein
provided for in any city or county or any town of more than one
thousand inhabitants unless such city, county or town shall have con-
sented by ordinance or resolution by its council or other governing body
to the conducting of said wrestling, or boxing or sparring exhibitions
in such city or county.

6. The commission shall make to thesLegislature a full report of its
proceedings for the two years ending with the thirty-first day of De-
cember of each odd-numbered year, before the beginning of the regular
session of the Legislature; said report to the Legislature shall be com-
pleted and shall contain a statement of clubs, organizations or cor-
porations, the number of licenses revoked, the gross receipts from each
club, organization or corporation, and such other information and com-
ments in relation to the work as the public interest may require.

7. No wrestling, boxing or sparring exhibition shall be conducted
by any club or organization except by license issued to such club or
organization by the commission and no club or organization shall be
entitled to receive a State license unless it has been incorporated under
the laws of Virginia, and provided, further, that the membership of
such club shall be limited to persons who have been continuous resi-
dents in the State at least one year. The application for a license, as
herein provided for, shall be in writing, and shall be addressed to the
commission, and shall be verified by some officer of the club, organiza-
tion or corporation on whose behalf the application may be made. Such
application shall be accompanied by an annual fee, which shall be
twenty-five dollars in cities and counties of not more than five thousand
inhabitants and in towns of not less than one thousand; fifty dollars
in cities and counties of not more than fifty thousand inhabitants ;
one hundred dollars in cities and counties of over fifty thousand and not
more than seventy-five thousand inhabitants; one hundred and fifty
dollars in cities of over seventy-five thousand and not more than one
hundred and fifty thousand inhabitants, and three hundred dollars in
all cities of the State having a population of over one hundred and fifty
thousand inhabitants. Such application must show that the club or
organization has a bona fide lease for one year of the building, amphi-
theater or stadium for athletic purposes, wherein such contests are to
be held. Before any such permit or license is granted to any club,
organization or corporation, which shall have filed its application as
herein provided, such applicant must file a bond of two thousand dol-
lars of good and sufficient surety with the State Treasurer, conditioned
for the payment of the taxes herein imposed.

8. Every club, corporation or association which may hold or exer-
cise any of the privileges conferred by this section shall, within twenty-
four hours after the termination of every contest, furnish to the said
commission a written report, duly verified by one of its officers, show-
ing the number of tickets sold for such contest, and the amount of gross
proceeds thereof, and such other matters as the commission may pre-
scribe; and shall also within said time, pay to the said commission a
tax of five per centum of its total gross receipts from the sale of tickets
of admission to such boxing or sparring match or exhibition.

9. Any club or organization may hold or conduct strictly amateur
wrestling, boxing and sparring matches and exhibitions on the payment
of the annual license fee of twenty-five dollars in cities and counties
of not more than fifty thousand inhabitants; and in towns of more than
one thousand inhabitants; fifty dollars in cities and counties of over
fifty thousand and not more than one hundred thousand inhabitants,
seventy-five dollars for all cities and counties having a population of
over one hundred and fifty thousand inhabitants, upon the compliance
and in accordance with all the provisions of section seven with respect
to obtaining a license and sanction from the commission and subject
to all the rules and regulations of such commission. Amateur contests and
exhibitions within the meaning of this sub-section are defined to mean
and include only contests or exhibitions in which the participants
are bona fide amateurs and receive no money, compensation or reward
for their participation in any such contest or exhibition, except that
watches, medals, articles of jewelry, silverware, trophies or ornaments
suitably inscribed to show that it is given for participation in an
amateur boxing contest or exhibition, may be given, but the value of
such article given to any contestant must not exceed the sum of twenty-
five dollars. No other prize or reward shall be given or awarded or
accepted by any boxer unless authorized in writing by the commission.
No amateur boxing or sparring bout or match in any such exhibition
or contest shall exceed three three-minute rounds with one minute in-
termission between each round. The referee may order an additional
round in case of a draw. In any event no more than four rounds of
amateur boxing are permissible. The commission may accept member-
ship in a recognized amateur athletic association as evidence of the
amateur standing of any contestant, and in case of dispute, may de-
termine upon any competent evidence the amateur status of any con-
testant.

(a) Cash prizes may be given to contestants in semi-professional
boxing and sparring matches, and such contestants shall not lose or
forfeit their amateur standing for the purpose of this act by accepting
such prizes.

(b) Semi-professional boxing and sparring matches are defined to
mean contests where cash prizes are given to the contestants, no one
prize to exceed twenty-five dollars.

10. The commission shall appoint official representatives designated
as “inspectors,” each of whom shall receive from the commission a
card, authorizing him to act as such inspector wherever the commission
may designate him to act. The commission may, and at least one in-
spector shall be. present at all exhibitions and matches and see that the
rules are strictly observed, and an inspector shall also be present at the
counting up of the gross receipts, and shall immediately mail to the

commission the official box office statement received by him from the

officers of the club.

1 11. No boxing or sparring match or exhibition shall be held on Sun-
ay.

12. No intoxicating liquor shall be given away, sold or offered for
sale in any building or part thereof, in which wrestling, boxing or spar-
ring exhibitions are being conducted.

13. No boxing or sparring exhibition shall be of more than ten
rounds duration, and no one round of such exhibition shall be permitted
to extend for a longer period than three minutes.

(a) There shall be one minute intermission between each round.

(b) No contestants shall in any such boxing or sparring exhibition
wear, or be permitted to wear, gloves weighing less than five ounces
for contestants under one hundred and forty pounds, and six ounces
for contestants over one hundred and forty pounds. .

(c) No contestants under the age of eighteen years shall be permitted
to participate in any such boxing or sparring contest.

(d) No betting or wagering at any wrestling, boxing or sparring
contests shall be permitted by any club or organization before, after, or
during any such contest, in the building where such contest is held, or
elsewhere.

(e) In boxing or sparring contests contestants shall break clean, and
must not hold and hit. Butting with head or shoulder, wrestling or
illegal use of elbows shall not be allowed. There shall be no unsports-
manlike conduct on the part of the contestants. This shall include the
use of abusive or insulting language.

(f) The commission may, in its discretion, allow or provide for
decisions upon contests or exhibitions held under this chapter to be
made by the referee or by the referee and two judges appointed by
the commission for that purpose under such regulations as the com-
mission may prescribe.

(g) The commission shall permit a total of thirty-six rounds of
professional boxing or sparring at any one time when requested by any
licensed club, corporation or organization. ,

14. No person under the age of eighteen years shall be admitted to
a boxing or sparring exhibition, unless accompained by his parent.

15. Each contestant must be examined prior to entering the ring by
a physician who has been licensed to practice in Virginia for not less
than five years; such physician to be appointed by the commission.
The physician shall certify in writing, over his signature, as to the
contestant’s physical condition to engage in such contest. |

- (a) The commission is authorized to grant license upon application
and the payment of the fees herein prescribed to matchmakers, mana-
gers, referees, examining physicians, boxers, and seconds and trainers.
The fees to be paid per annum shall be as follows: Matchmakers in
cities with a population of over one hundred fifty thousand, one hundred
dollars; matchmakers in other counties, cities and towns, twenty-five
dollars; managers, fifteen dollars; referees, fifteen dollars; examining
physicians, ten dollars; boxers, ten dollars; seconds and trainers, ten
dollars; wrestlers, ten dollars. The commission may revoke any such
license upon such cause as it shall deem sufficient.

(b) All referees shall be bona fide residents of the State. The referee
must stop the contest or match when either of the contestants shows a
marked superiority or is apparently outclassed.

16. Any club, corporation or organization which shall conduct, hold
or give or participate in any sham or fake wrestling, boxing or sparring
match, shall thereby forfeit its license in accordance with the pro-
visions of this section which shall thereupon be by the commission
cancelled and declared void; and it shall not thereafter be entitled to
receive another.

17. Any contestant who shall participate in any sham or fake
wrestling, boxing or sparring match or violate any rule or regulation
of the commission shall be penalized in the following manner: For the
first offense he shall be restrained by order of the commission for a
period of not less than two months nor more than one year in the dis-
cretion of the commission, such period to begin immediately after the
occurrence of such offense, from participation in any contest, match
or exhibition to be held or given by any club or organization, duly
licensed to give or hold such contest, match or exhibition; for a second
offense, he shall be totally disqualified from further admission or partici-
pation in any contest, match or exhibition held or given by any club,
corporation or association duly licensed for such purpose in this State,
and in addition thereto, for each such offense, shall forfeit such amount,
out of the share or purse agreed to be paid to such contestant for such
boxing or sparring or wrestling contest, match or exhibition as this
commission shall determine, such forfeit to be paid into the literary
fund of the State of Virginia. The commission, upon determining the
amount of such forfeit, may pay the same out of any guarantee de-
posited with it for delivery to such contestant or may order the same
paid to the commission by the club, corporation or association employ-
ing such contestant out of the purse or share agreed by it to be paid
such contestant. The commission shall not determine or order any such
forfeit except after due hearing thereon held upon reasonable notice
duly served upon such contestant or his manager and upon the club,
corporation or association by whom he is employed; provided, however,
that any member of the commission, the secretary or any inspector of
the commission may order and require the club, corporation or associa-
tion to hold the share or purse of such contestant in its possession pend-
ing the hearing and determination of the commission. For its failure to
obey any order of the commission or the secretary or any inspector of
the commission given under this paragraph the license of the club,
corporation or association may, in the discretion of the commission,
be suspended, canceled or revoked.

18. Whenever any club, corporation or association shall fail to make
a report of any contest at the time prescribed by this section, or when-
ever such report is unsatisfactory, to the commission, the secretary may
examine or cause to be examined, the books and records of such club,
corporation or association, and subpoena and examine under oath its
officers and other person or persons for witnesses for the purpose of
determining the total amount of its gross receipts for any contest and
the amount of taxes due pursuant to the provisions of this section,
which tax he may, upon and as a result of such examination, fix and
determine. In case of a default in the payment of any taxes so ad-
judged to be due, together with the expenses incurred in making such
examination, for a period of twenty days after notice to such de-
linquent club, corporation or association of the amount, such delinquent
club, corporation or association shall ipso facto forfeit its license and
shall be thereby disqualified from receiving any new license, or any re-
newal of its license; and it shall in addition forfeit to the Commonwealth
of Virginia the sum of one thousand dollars, which may be recovered
by the Attorney General in the name of the Commonwealth of Virginia,
in the same manner as other penalties are by law recovered.

19. Any person who violates any of the provisions of this section,
for which a penalty is not herein expressly prescribed, shall be guilty of
a misdemeanor.

20. Nothing in this section shall be construed to apply to amateur
wrestling, boxing or sparring matches or exhibitions conducted by or
held under the auspices of any university, college, normal school, or
high school of the State, or religious association, nor to any matches or
exhibitions conducted by the American Legion, for which no admission
fee is charged.

20-a. The commission is hereby empowered to prescribe and promul-
gate such rules and regulations as it may deem desirable, not in conflict
with this act, governing wrestlers and wrestling contests, matches and
exhibitions.

21. All moneys collected by the commission pursuant to the pro-
visions of this act shall be paid promptly into the State treasury. One-
half of all such moneys collected shall be apportioned and distributed
by the State Treasurer, upon warrants of the Comptroller to the cities,
counties and towns of the Commonwealth, in proportion to the amount
collected from contests held and licensees resident in such respective
cities, counties and towns, for which purpose such moneys are hereby
appropriated. For the purpose of providing for the administration of
the provisions of this act there is hereby appropriated to the commission,
from such moneys remaining, the sum of twenty thousand dollars, or
so much thereof as shall be required, for each fiscal year of the biennium
beginning July first, nineteen hundred and thirty-four; the balance of
such moneys shall be transferred by the Comptroller to the general
fund of the State treasury.

22. For the purpose of this act towns shall be treated and consid-
ered as being separate and apart from the counties in which located.

23. All acts and parts of acts, both general and special, inconsistent
with the provisions of this act, are hereby repealed to the extent of such
inconsistency.