Request By:
Mr. Frank Sgroi
Chairman
Kentucky Athletic Commission
Kentucky Towers, Suite 306
430 W. Walnut Street
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: George Geoghegan, III, Assistant Attorney General
This is in reply to your letter in which you requested a written opinion to several questions concerning licensing of amateur boxing and wrestling matches as well as the licensing of professional matches on a federal enclave. Your first question is as follows:
"Opinion on how much authority the Commission has over amateur boxing and amateur wrestling. In amateur boxing we furnish all of the officials and licenses. Are we supposed to do the same thing in amateur wrestling? Is the AAU supposed to send us a copy of the sanction and do we, in turn, send the schools or the tournament people permission in writing to have their match? In other words, do we sanction that in writing?"
KRS 229.061(1) provides:
"The commission may issue a permit, without the payment of any taxes or license, to any accredited college, university, school, Young Men's Christian Association, Young Men's Hebrew Association or organization which in the judgment of the commission is of like character, to hold boxing or wrestling matches or exhibitions upon a sufficient showing that the matches or exhibitions are to be held by and between bona fide students or members of such accredited colleges, universities, schools, Young Men's Christian Associations, Young Men's Hebrew Associations, or organizations which in the judgment of the commission are of like character. The commission may also issue a permit, without payment of taxes or license, to any organization to hold a boxing or wrestling match or exhibition under the sanction of the Kentucky Association of the Amateur Athletic Union of the United States or the American Olympic Association. No boxer or wrestler who has received any fee, purse or other compensation shall be eligible to appear in any match or exhibition sponsored by any such institution, association or organization."
KRS 229.061(3) provides that none of the above described matches may be conducted without a permit from the Kentucky Athletic Commission.
As to the amateur boxing and wrestling matches or exhibitions authorized by KRS 229.061(1), the Kentucky Athletic Commission must issue a permit before the said match or exhibition can be held. However, there is nothing requiring any of the participants of a match authorized under KRS 229.061(1) to have any licenses issued by the Kentucky Athletic Commission. The only document which the Commission is authorized to issue regarding the amateur boxing or wrestling matches or exhibitions mentioned above is a permit to hold same. Before issuing a permit to hold a match or exhibition sanctioned by the AAU, you should first receive a copy of the sanction. Then, in turn, you may issue the permit in writing.
Your second question is is follows:
"In KRS 229.081 (license fee section) the only amateur fee stated is the Amateur Judge - $1.00. What I would like to know is is it necessary to charge the amateur referee the same amount of money ($25.00) that we charge a professional referee. The only distinction made in this whole chart of license fees as to amateur is the judges. Do these fees apply to amateur wrestling also? Do we license the amateur referee and, if so, how much?"
KRS 229.081 sets forth the names of all of the participants in professional matches who are required to be licensed by the Kentucky Athletic Commission. You call our attention to the fact that the list refers both to professional and amateur judges and further that the fees for the licenses are different. KRS 229.081 does not refer to a judge of an amateur match. It refers to an amateur judge in a professional match. If the judge of a professional match receives no money for his services, he must be considered an amateur and his license fee is only $1.00 per year. On the other hand, if he does receive money for his services, he must be considered a professional judge and consequently his license fee is $5.00 per year. No participant in an amateur match including the judge is required to have a license.
Your third question is as follows:
"We have an inquiry from the Dependent Youth Activities Recreation Service Division, Fort Knox, Kentucky about a professional wrestling match to raise money for their youth activities. One of the "wildcat" promoters told them they could furnish the wrestlers and everything necessary to put the match on and it would cost them 5% tax, sponsor 30% and the remainder to the promoter. They have raised the question are they obligated to pay the 5% tax since they are a 'Government instrumentality on a Federal Instalation'."
KRS 3.030 provides:
"Kentucky cedes to the United States all the rights and jurisdiction which she now possesses over the land and premises in the vicinity of West Point, Kentucky, conveyed or to be conveyed to the United States for the purpose of establishing a permanent camp of instruction and military post, so long as the same shall remain the property of the United States."
It is apparent from the above quoted statute that the Kentucky Athletic Commission has no authority to tax the gross receipts received from a professional boxing or wrestling match held on the military reservation at Fort Knox.
Your last question is as follows:
"In the annotations following section 229.061 it reads: Under the explicit exemption contained in KRS 229.080 the state athletic board is without power to govern or control amateur bouts made up and operated under direction and rules of the Amateur Athletic Union of the United States as long as the sponsor has procured the permit authorized by this section. My question is, since KRS 229.080 has been repealed, does this void the above restriction?"
KRS 229.061 is a recodification of KRS 229.080 which has been repealed. In other words, KRS 229.061 makes the same provision as the repealed statute you refer to. It is our opinion that as far as the matches and exhibitions authorized by KRS 229.061 are concerned, the only authority which the Kentucky Athletic Commission has is to issue a permit to hold said match or exhibition. The Commission cannot, in any way, govern or control the amateur bouts which are sanctioned by the AAU.