Request By:
Mr. Frank Sgroi, Chairman
Kentucky Athletic Commission
Kentucky Towers, Suite 306
403 West Walnut Street
Louisville, Kentucky 40202
Opinion
Opinion By: Steven L. Beshear, Attorney General; Joseph R. Johnson, Assistant Attorney General
In your letter dated August 6, 1980, you have posed three (3) questions:
(1) Is a person required to obtain a license and permit from the Kentucky Athletic Commission in order to have a closed circuit television show of a boxing match or wrestling exhibition? The answer is no.
(2) Should Kentucky Athletic Commission identification cards be honored at closed circuit television fights? The answer is yes.
(3) Does the Commission have authority over ticket sellers, doormen and other personnel at closed circuit television shows as in the case of other live matches and exhibitions? The answer is yes.
(1) KRS 229.071(1) provides that no boxing or wrestling promoter shall conduct or advertise a professional match without an annual license from the Commission to conduct the matches within a specified area and a permit to hold a specific match at a specified location on a specific date. KRS 229.031(1) provides that every promoter conducting a professional boxing or wrestling match or exhibition must within twenty-four (24) hours after the termination of the match or exhibition pay to the Commission a five percent (5%) gross receipts tax from the sale of tickets to the event. KRS 229.031(2) provides that in addition, the promoter must pay a five percent (5%) gross receipts tax from the sale or lease of broadcasting, television and motion picture rights of such contests.
Then turning to KRS 229.031(4) the following provision appears:
Any person supplying radio, television or cable facilities for the broadcast or televising of any professional match shall, prior to the contest, notify the commission.
Pursuant to KRS 229.031(4), the Commission must be notified in advance by any person proposing to televise any professional match. The statute neither requires that the person televising the match be a licensed promoter nor does it require the individual to request in advance permission from the Commission to televise the event. The statute only requires that the Commission be given advance notice of intent to televise so as to facilitate the Commission's statutory duty to collect the five percent (5%) gross receipts tax from the sale, lease or other exploitation of television rights. In short, the statute gives absolutely no authority to the Commission to regulate or govern the televising of a match or exhibition. It is only a notice requirement plain and simple.
(2) 201 KAR 27:025 states as follows:
Any representative of the commission shall have in his possession an identification card signed by the commissioner or chairman which shall entitle the representative to free entrance into any boxing or wrestling contest held in this Commonwealth whether amateur or professional.
This regulation does not distinguish between matches and exhibitions conducted before live audiences or those conducted for closed circuit television. Any representative of the Commission in possession of an identification card must be admitted to a boxing match or wrestling exhibition regardless of whether the contest is held for closed circuit television. This regulation is applicable whether the contest is professional or amateur since the regulation does not distinguish between these types of contests either.
(3) KRS 229.081 lists some fourteen (14) categories of persons which may be licensed for purposes of participating in professional boxing and wrestling contests. These are: announcer, auditor, contestant, doorman, inspector, judge (amateur) , judge (professional), manager, physician, referee, second, ticket selling agent, timekeeper, and trainer. Once again, the statutes do not distinguish as between live contests or those conducted for closed circuit television and the Commission always has authority to discipline such licensees through suspension or revocation of licenses or through an administrative fine. KRS 229.200.