4 CSR 40-1.010
General Organization (Rescinded May 30, 2002)
AUTHORITY: section 317.006, RSMo 1986.
Original rule filed Dec. 19, 1975, effective
Dec. 29, 1975. Amended: Filed Aug. 28,
1980, effective Dec. 11, 1980. Rescinded and
readopted: Filed April 30, 1982, effective
Sept. 11, 1982. Amended: Filed March 2,
1989, effective May 11, 1989. Rescinded:
Filed Nov. 15, 2001, effective May 30, 2002.
Op. Atty. Gen. No. 71, Pian (9-16-59).
When a proposed public dinner, sponsored by
a labor union at a hotel, at which a special
feature is a boxing program, and the only
tickets offered for sale or sold, were for dinner, Athletic Commission had no jurisdiction
over said event and the sponsors were not
required to secure the permission of or a
license from the commission to hold the dinner.
Op. Atty. Gen. No. 19, Cooper (6-11-53).
There can be no criminal prosecution for
“booking” of professional wrestlers for
wrestling show by unlicensed organization
which sponsored private wrestling show
where such is prohibited by the rules of the
Athletic Commission only and not by statute;
administrative agencies are prohibited by Mo.
Const. Art. 1, section 31 from imposing a fine
or imprisonment for violation of administrative rules.
Op. Atty. Gen. No. 19, Cooper (1-31-52).
Five percent gross receipts collected by Athletic Commission from regulated boxing,
sparring and wrestling exhibitions is not
applicable to theaters televising such events
under exclusive rights. It is applicable to
amounts received by promoters for television
rights of every exhibition held in state.