Request By:
Mr. Frank Sgroi, Chairman
Kentucky Athletic Commission
Kentucky Towers, Suite 306
430 West Walnut Street
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; Joseph R. Johnson, Assistant Attorney General
This is in response to your letter dated January 24, 1979, in which you request that this office settle for once and for all certain questions regarding the jurisdiction of the Kentucky Athletic Commission as it relates to the regulation of amateur boxing and wrestling. The problems you have posed are as follows:
1. How far does the commissioner's authority extend over amateur boxing and wrestling?
First, let there be no mistake but that all sponsors conducting amateur bouts must obtain a permit from the commission just like any other sponsor pursuant to KRS 229.061. KRS 229.171 states that, "The commission shall have and hereby is vested with the sole direction, management, control and jurisdiction over all boxing, sparring, wrestling matches or exhibitions, professional as well as amateur, to be conducted, held or given with the Commonvealth." (Emphasis added). Any sponsor who does not obtain the required permit from the commission prior to the boxing or wrestling bout is in violation of the Kentucky Statutes even though the bout otherwise qualifies as truly amateur.
However, once the sponsor has obtained the required permit, the commission is without power to govern or control such amateur bouts which qualify under the exemption contained in KRS 229.061. This is consistent with the long-standing position of this office which faced the same question in 1957. (Refer to OAG 39,745).
2. Is it necessary that the commission license officials such as judges, referees, announcers and timekeepers for amateur matches?
Because we have already determined that it is not the responsibility of the commission to regulate amateur boxing and wrestling bouts once the required permit has been issued, it is not the function of the commission to license officials for such bouts.
3. Does the commission select the officials for amateur bouts?
Because it is not the duty of the commission to regulate amateur boxing and wrestling, it is not the responsibility of the commission to select the officials.