WSR 17-18-078 PROPOSED RULES DEPARTMENT OF LICENSING [Filed September 5, 2017, 11:28 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-12-106. Title of Rule and Other Identifying Information: Chapter 36-13 WAC, Professional wrestling. Hearing Location(s): On October 10, 2017, at 11:00 a.m., at the Valley View Library, 17850 Military Road, SeaTac, WA 98188. Date of Intended Adoption: October 11, 2017. Submit Written Comments to: Cameron Dalmas, P.O. Box 9026, Olympia, WA 98507, email plssunit@dol.wa.gov, fax 360-664-2550, by October 9, 2017. Assistance for Persons with Disabilities: Contact Cameron Dalmas, phone 360-664-6643, fax 360-664-2550, TTY 711, email plssunit@dol.wa.gov, by October 9, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed language amends rules to establish licensing requirements, fees, and standards of practice for the new theatrical wrestling school license. Reasons Supporting Proposal: SHB 1420, an act relating to theatrical wrestling, was passed during the 2017 legislative session requiring the department of licensing to establish rules. Statute Being Implemented: Chapter 67.08 RCW. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Department of licensing, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Colard, Administrator, 405 Black Lake Boulevard S.W., Olympia, WA 98502, 360-664-6647. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Department of licensing is exempt from this requirement under RCW 34.05.328 (5)(a). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit. September 5, 2017 Damon Monroe Rules Coordinator
Chapter 36-13 WAC
((PROFESSIONAL)) WRESTLING AMENDATORY SECTION (Amending WSR 15-23-055, filed 11/12/15, effective 12/13/15)
WAC 36-13-010 License fees, renewals and requirements.
(1) The license year is one year from date of issue. License fees are paid annually. Fees shall be as follows:
(2) No license fee is required for persons licensed under chapter 36-12 or 36-14 WAC as an inspector, event physician or promoter.
(a) Wrestling participants shall submit a small photograph of themselves that is not more than two years old.
(b) Theatrical wrestling schools:
(i) Must provide proof of having an established place of business that offers training in theatrical wrestling.
(ii) Must provide proof of having an active tax registration through the department of revenue.
(iii) Must reapply for licensure when there is a change in the location or change in ownership.
AMENDATORY SECTION (Amending WSR 02-20-094, filed 10/1/02, effective 1/1/03)
WAC 36-13-020 Definitions.
(1) "Participant" is defined as any person engaged physically in the wrestling exhibition or show.
(2) "On-site" is defined as the premises at the theatrical wrestling school training facility.
(3) "Off-site" is defined as any location off the theatrical wrestling school training facility premises.
AMENDATORY SECTION (Amending WSR 02-20-094, filed 10/1/02, effective 1/1/03)
WAC 36-13-030 Ring and safety zone.
(((1))) The promoter and/or theatrical wrestling school, excluding on-site theatrical wrestling school events, shall:
(1) Supply a ring that meets the following standards:
(a) The ring platform shall not be less than a ((sixteen-foot)) twelve-foot square ((within the ropes)).
(b) The ring floor shall be padded to a thickness of at least one inch. A regular one-piece wrestling mat is preferred, although soft padding of a proper thickness may be used, with a top covering of clean canvas tightly stretched and laced to the ring platform.
(c) ((The promoter shall)) Keep the mat and covering in a clean and sanitary condition.
(2) ((There shall be)) Ensure there is a six-foot safety zone between the ring and the first row of spectator seats. The floor in the safety zone may be covered by padded floor mats. The safety zone may extend in an aisle from ringside directly to the locker room. The safety zone shall have a barrier approved by the department, which is at least three feet high. The barrier shall be of sufficient strength and durability to prevent the audience from coming in physical contact with the ((wrestling)) participants. No person other than security, department representatives, ((wrestling)) participants or event licensees shall be permitted in the safety zone during any part of an event unless expressly approved by the department representative. The ((wrestling)) participants shall not leave the confines of the safety zone during a match. Wrestling activities ((which)) may not include any member of the audience and will be considered unprofessional conduct and subject to penalties under RCW 67.08.180(5) and 67.08.240.
AMENDATORY SECTION (Amending WSR 02-20-094, filed 10/1/02, effective 1/1/03)
WAC 36-13-040 Department inspector.
(1) An inspector shall attend all wrestling events and may attend theatrical wrestling school events. The inspector shall ensure all participants are properly licensed (unless exempt from licensure) and all laws, rules, and regulations are enforced. ((Wrestling)) Participants scheduled to ((work)) perform at an event shall provide proof of their identity by:
(a) Presenting picture identification to the inspector; and
(b) Signing their legal name that matches the picture identification on a form provided by the inspector.
(2) Inspector, other than a department employee, shall receive a fee not to exceed two percent of the net gate of each event up to a maximum of four hundred dollars and a minimum of thirty-five dollars which shall be paid by the promoter.
AMENDATORY SECTION (Amending WSR 15-23-055, filed 11/12/15, effective 12/13/15)
WAC 36-13-110 Miscellaneous provisions for promoters and/or theatrical wrestling schools.
(1) Dangerous conduct; punishment. The referee shall not permit physically dangerous conduct or tactics by any participant. Any participant who fails to discontinue such tactics, after being warned by the referee or a department official shall be disqualified and subject to disciplinary action.
(2) ((Wrestling)) Participants or other licensees shall not engage in the practice known as "juicing." "Juicing" is the practice of using a razor blade or similar contrivance, or any other means to draw blood from oneself, one's opponent, or from any other participant of the wrestling exhibition or show. The referee shall immediately terminate any match in which blood from a participant appears from "juicing," and the participants shall cease the wrestling match and return to the dressing room. Should an accidental cut to a ((wrestling)) participant occur, the match may continue but should be concluded as soon as possible at the discretion of the referee.
(3) Duties of licensees. It shall be the duty of the promoter and/or theatrical wrestling school, his/her agents, employees, and the participants in any wrestling show or exhibition to maintain peace and order in the conduct of any show or exhibition. There shall be no abuse of a department official at any time.
(4) ((Responsibility of)) The promoter((.)) and/or theatrical wrestling school:
(a) ((Each promoter)) Shall be directly responsible to the department for the conduct of its employees and any violation of the laws, rules, or regulations of the department by any employee of a promoter and/or theatrical wrestling school shall be deemed to be a violation by the promoter and/or theatrical wrestling school.
(b) ((Promoters)) Are responsible for any violations of the law or department rules by their participants.
(c) ((Promoters)) Shall provide an ambulance or paramedical unit with transport and resuscitation capabilities, with a minimum of two attendants, to be present at the event location at all times during the event. A theatrical wrestling school may satisfy this requirement by having an emergency medical technician, as required under RCW 67.08.330, at the event location at all times during the event.
(5) Discrimination. Discrimination against any participant in regard to sex, race, color, creed or national origin shall be referred to the human rights commission.
(6) Appeals.
(a) Licensees may appeal any suspension or revocation to the department in the manner provided in chapter 34.05 RCW.
(b) Such appeals must be received in the department office within twenty days from the date of the notice sent by the department.
(7) Theatrical wrestling schools:
(a) Must notify the department in writing fourteen days prior to holding an off-site event. The notice must include the location, date, and time of the event.
(b) Must maintain a list all participants' names who performed in each event for a minimum of three years and be available at the request of the department.
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