CHAPTER
4B.
GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION
ARTICLE 1. GENERAL PROVISIONS 8
§ 43-4B-5. Secretary of
commission
§ 43-4B-6. Commission
meetings
§ 43-4B-7. Rules and
regulations governing professional boxing
§ 43-4B-8. Prohibited
compensation to commission members
ARTICLE 2.
LICENSING AND PARTICIPATORY REQUIREMENTS 12
§ 43-4B-10. Promoter's
license and match permit requirements; applications; performance bond; fees
§ 43-4B-11. Required licenses for boxers and
nonboxing participants; prerequisites to licenses
§ 43-4B-12. Registry
requirements for boxers; identification card; fees
§ 43-4B-13. Authority
to refuse to grant or to revoke or suspend license; fines; revoking suspension
§ 43-4B-14.
Prequalification requirements for events
§ 43-4B-15. Alcohol and
drug use prohibited
§ 43-4B-16. Building
standards and regulations for matches
§ 43-4B-17. Age
requirements; stricter standards for boxers over age 50
§ 43-4B-18.
Jurisdiction of commission
§ 43-4B-19. Proceedings
for violations of article
§ 43-4B-20. Report by
promoter required; pay perview promoters; tax payment; falsifying report
§ 43-4B-21.
Injunctions; penalty for violations of article; unarmed combat
§ 43-4B-25. Authority
to resell tickets; service charges
§ 43-4B-27.
Disqualification for felony conviction
§ 43-4B-28. Resale
by ticket brokers; disclosure requirements; sale and resale restrictions;
refunds
§ 43-4B-29. Resale of
tickets by original purchaser; charitable organizations
§ 43-4B-29.1.
Resale within zone authorized by the event organizer and the venue owner or
operator
§ 43-4B-30. County and
municipal ordinances
§ 43-4B-31. Violation
of article a misdemeanor
§ 43-4B-32. Powers of
commission upon violation of article
ARTICLE 4.
REGULATION OF MARTIAL ARTS AND WRESTLING 7
§ 43-4B-52.
Requirements for matches, contests, and exhibitions
§ 43-4B-53.
Prohibited activities for felons or persons convicted of crime of moral
turpitude
§ 43-4B-54.
Suspension, revocation, or denial of licenses or permits; fines
ARTICLE 1. GENERAL PROVISIONS 8
As used in this chapter, the term:
(1) "Amateur,"
when applied to a person engaged in boxing, wrestling, or a martial art, means
a person who receives no compensation and engages in a match, contest, or
exhibition of boxing, wrestling, or a martial art that is governed or
authorized by:
(1)(A)
(B) The
(C) The National Collegiate Athletic Association;
(D) Amateur Athletic
(E) Golden Gloves;
(F) Team Georgia Amateur Wrestling;
(G)
(H)
(I) North American Sport Karate
Association;
(J) International Sport Kick
Boxing/Karate Association;
(K) World Kick Boxing Association;
(L)
(M) International Sport Combat
Federation;
(N) Professional Karate Commission;
(O) International Kick Boxing Federation;
or
(P) The local affiliate of any
organization listed in this paragraph.
(2) "Boxing match"
means a contest between two individuals in which contestants score points in
rounds of two or three minutes by striking with padded fists the head and upper
torso of the opponent or by knocking the opponent down and rendering the
opponent unconscious or incapable of continuing the contest by such blows,
which contest is held in a square ring supervised by a referee and scored by
three judges.
(3) "Boxing
registry" means a registry created or designated pursuant to
subsection (j) of Code Section 43-4B-4.
(3.1) "Charitable
organization" means an entity described by:
(A) Section 501(c)(3), Internal Revenue
Code of 1986 (26 U.S.C. Section 501(c)(3)); or
(B) Section 170(c), Internal Revenue Code
of 1986 (26 U.S.C. Section 170(c)).
(4) "Commission"
means the Georgia Athletic and Entertainment Commission.
(5) "Exhibition"
means a contest where the participants engage in the use of boxing, wrestling,
or martial arts skills and techniques and where the objective is to display
such skills and techniques without striving to win.
(6) "Face value"
means the dollar value of a ticket or order, which value shall reflect the
dollar amount that the customer is required to pay or, for complimentary
tickets, would have been required to pay to purchase a ticket with equivalent
seating priority in order to view the match, contest, exhibition, or
entertainment event. A complimentary ticket shall not have a face value of
$0.00. A complimentary ticket shall not have a face value of less than that of
the least expensive ticket available for sale to the general public. Face value
shall include any charges or fees, such as dinner, gratuity, parking,
surcharges, or any other charges or fees which are charged to and must be paid
by the customer in order to view the match, contest, exhibition, or
entertainment event. It shall exclude any portion paid by the customer for
federal, state, or local taxes.
(7) "Gross
proceeds" means the total revenue received solely from the sale of
tickets used or intended to be used by the audience physically attending any
event required to be licensed under this chapter.
(8) "Gross
receipts" means:
(A) The gross price charged for the sale
or lease of broadcasting, television, pay per view, closed circuit, or motion
picture rights without any deductions for commissions, brokerage fees,
distribution fees, production fees, advertising, or other expenses or charges;
(B) The face value of all tickets sold
and complimentary tickets issued, provided, or given; and
(C) The face value of any seats issued,
provided, or given in exchange for advertising, sponsorships, or anything of value
to the promotion of an event.
(9) "Local tax"
means any occupation tax or other tax owed to a county or municipality in order
to hold a match, contest, or exhibition or to carry on a business as a ticket
broker within such county or municipality.
(9.1) "Kickboxing"
means unarmed combat involving the use of striking techniques delivered with
the upper and lower body and in which the competitors remain standing while
striking.
(10) "Manager"
means a person who under contract, agreement, or other arrangement with a
boxer, undertakes to control or administer, directly or indirectly, a matter
related to boxing on behalf of a boxer. Such term includes, but is not limited
to, a person who functions as a booking agent, adviser, or consultant.
(10.1) "Martial art"
means any form of unarmed combative sport or unarmed combative entertainment
that allows contact striking, except boxing or wrestling.
(10.2) "Matchmaker"
means a person who is employed by or associated with a promoter in the capacity
of booking and arranging professional matches, contests, or exhibitions between
opponents or who proposes professional matches, contests, or exhibitions and
selects and arranges for the participants in such events and for whose
activities in this regard the promoter is legally responsible.
(11) "Mixed
martial arts" means unarmed combat involving the use of a combination
of techniques from different disciplines of the martial arts, including but not
limited to grappling, submission holds, and strikes with the upper and lower
body.
(11.1) "Original
purchaser for personal use" means a person who buys one or more
tickets with the intention of using the ticket or tickets solely for the use of
the purchaser or the purchaser's invitees, employees, and agents. An original
purchaser who resells more than six tickets to the same athletic contest or
entertainment event and who resells tickets to an athletic contest or
entertainment event for more than 105 percent of their face value shall be
rebuttably presumed to be engaging in the business of a ticket broker in any
criminal prosecution or civil action, order, or penalty by the commission.
(11.2) "Patron
boxing," "patron wrestling," or "patron martial arts"
means boxing, wrestling, or martial arts that is not:
(A) Governed or authorized by any
organization listed in paragraph (1) of this Code section;
(B) Governed or authorized by an
organization licensed by the commission in accordance with this chapter;
(C) Governed or authorized by an
organization exempted from licensure by the commission in accordance with this
chapter; and
(D) Licensed by the commission in
accordance with Article 2 of this chapter.
(11.3) "Pay per view" means a
telecast for which a fee is required in addition to any other fee paid by the
viewer for any other services of the telecaster.
(12) "Person" means any
individual, partnership, firm, association, corporation, or combination of
individuals of whatever form or character.
(13) "Physician" means a doctor of
medicine or other medical professional legally authorized by any state to
practice medicine.
(14) "Professional" means a person
who is participating or has participated in a match, contest, or exhibition
which is not governed or authorized by one or more of the organizations listed
in paragraph (1) of this Code section and:
(A) Has received or competed for or is
receiving or competing for any cash as a salary, purse, or prize for
participating in any match, contest, or exhibition;
(B)
Is participating or has participated in any match, contest, or exhibition to
which admission is granted upon payment of any ticket for admission or other
evidence of the right of entry;
(C) Is participating or has participated
in any match, contest, or exhibition which is or was filmed, broadcast, or
transmitted for viewing; or
(D) Is participating or has participated
in any match, contest, or exhibition which provides a commercial advantage by
attracting persons to a particular place or promoting a commercial product or
enterprise.
(15) "Professional match, contest, or exhibition"
means a match, contest, or exhibition which is not governed or authorized by
one or more of the organizations listed in paragraph (1) of this Code section
and:
(A) Rewards a participant with cash as a
salary, purse, or prize for such participation;
(B) Requires for admission payment of a
ticket for admission or other evidence of the right of entry;
(C) Is filmed, broadcast, or transmitted
for viewing; or
(D) Provides a commercial advantage by
attracting persons to a particular place or promoting a commercial product or
enterprise.
(16) "Promoter" means the person
primarily responsible for organizing, promoting, and producing a professional match,
contest, or exhibition and who is legally responsible for the lawful conduct of
such professional match, contest, or exhibition.
(16.1) "Promotion of unarmed
combat" means the organization, promotion, production, publicizing, or arranging
of, or provision of a venue for, a competition of unarmed combat by a person
who receives some compensation or commercial benefit from such competition.
(17) "Purse" or "ring
earnings" means the financial guarantee or any other remuneration, or part
thereof, for which professional boxers or wrestlers are participating in a match,
contest, or exhibition and includes the boxer's or wrestler's share of any
payment received for radio broadcasting, television, or motion picture rights.
(17.1) "Shidokan" means unarmed
combat involving three separate, segregated rounds in which karate rules and
techniques are exclusively used in one round, kickboxing rules and techniques
are exclusively used in one round, and grappling rules and techniques are exclusively
used in one round.
(18) "State" means any of the 50
states, Puerto Rico, the
(19) "Ticket broker" means:
(A) Any person who is involved in the
business of reselling tickets of admission to athletic contests, concerts,
theater performances, amusements, exhibitions, or other entertainment events
held in this state to which the general public is admitted and who charges a
premium in excess of the price of the ticket; or
(B) Any person who has a permanent office
or place of business in this state who is involved in the business of reselling
tickets of admission to athletic contests, concerts, theater performances,
amusements, exhibitions, or other entertainment events held inside or outside
this state to which the general public is admitted and who charges a premium in
excess of the price of the ticket.
The term
ticket broker shall not include the owner, operator, lessee, or tenant of the
property in which an athletic contest or entertainment event is being held or
the sponsor of such a contest or event or the authorized ticket agent of such
persons.
(20)(A) "Unarmed combat" means
any form of competition between human beings or one or more human beings and
one or more animals in which:
(i) One or more blows are struck which
may reasonably be expected to inflict injury on a human being; and
(ii) There is some compensation or
commercial benefit arising from such competition, whether in the form of cash
or noncash payment to the competitors or the person arranging the competition;
the sale of the right to film, broadcast, transmit, or view the competition; or
the use of the competition to attract persons to a particular location for some
commercial advantage or to promote a commercial product or commercial
enterprise.
Such term
also means any amateur kickboxing match in which the competitors are not
wearing protective gear.
(B) Unarmed combat shall include but
shall not be limited to: tough man fights, bad man fights, nude boxing, nude
wrestling, patron boxing, patron martial arts, and patron wrestling.
(C) Unarmed combat shall not include:
(i) Professional boxing licensed in
accordance with this chapter;
(ii) Professional wrestling governed or
authorized by an organization licensed or exempted from licensure in accordance
with this chapter;
(iii) Amateur boxing governed or
authorized by an organization listed in paragraph (1) of this Code section;
(iv) Amateur
wrestling governed or authorized by an organization listed in paragraph (1) of
this Code section;
(v) Any competition displaying the
skills of a single form of an Oriental system of unarmed combative sports or
unarmed combative entertainment, including, but not limited to, kickboxing,
karate, or full-contact karate, that is held pursuant to the rules of that form
and governed or authorized by an organization licensed by the commission in
accordance with Article 4 of this chapter;
(vi) Shidokan when the competition is
governed or authorized by an organization licensed by the commission in
accordance with Article 4 of this chapter;
(vii) Mixed martial arts fighting when
the competition is governed or authorized by an organization licensed by the commission
in accordance with Article 4 of this chapter; or
(viii) Other martial arts
competitions, when governed or authorized by an organization licensed by the commission
in accordance with Article 4 of this chapter.
(21) "Wrestling" means:
(A) A staged performance of fighting and
gymnastic skills and techniques by two or more human beings who are not
required to use their best efforts in order to win and for which the winner may
have been selected before the performance commences; or
(B) A performance of fighting and
gymnastic skills and techniques by two or more human beings.
§ 43-4B-2. Application
(a) The provisions of this chapter shall not be
construed to apply to any match, contest, or exhibition:
(1) In which the contestants are all amateurs; and
(2) Which is governed or authorized by:
(A) U.S.A. Boxing;
(B) The Georgia High School Athletic
Association;
(C) The National Collegiate Athletic
Association;
(D) Amateur Athletic Union;
(E) Golden Gloves;
(F) Team Georgia Amateur Wrestling;
(G) USA Wrestling;
(H) National High School Coaches
Association;
(I) North American Sport Karate
Association;
(J) International Sport Kick
Boxing/Karate Association;
(K) World Kick Boxing Association;
(L) United States Kick Boxing
Association;
(M) International Sport Combat
Federation;
(N) Professional Karate Commission;
(O) International Kick Boxing
Federation; or
(P) The local affiliate of any
organization listed in this paragraph.
(b) The provisions of this chapter shall not apply to any matches,
contests, or exhibitions of professional wrestling or to a promoter or organization
that promotes, organizes, or governs such matches, contests, or exhibitions
where such promoter or organization is a corporation that, at the time of such
matches, contests, or exhibitions:
(1) Is registered under the federal Securities Exchange
Act of 1934; and
(2) Has total assets of not less than $25,000,000.00.
§ 43-4B-3. Georgia
Athletic and Entertainment Commission; membership; medical advisory panel;
reimbursement of members
(a) The State Boxing Commission in existence immediately
prior to July 1, 2001, is continued in existence subject to the provisions of
this chapter. On and after July 1, 2001, the name of such commission shall be
the Georgia Athletic and Entertainment Commission. The membership of the
commission shall continue unchanged except as otherwise expressly provided by
this chapter.
(b) The commission shall be composed of five members appointed by the
Governor. Each member of the commission shall be appointed for a term of four
years and until his or her successor is appointed. Vacancies shall be filled
for the unexpired terms under the same procedures and requirements as
appointments for full terms.
(c) The commission shall elect a chairperson from among its membership for
a term of one year. The commission may elect a vice chairperson from its
membership for a term of one year. Any member serving as chairperson shall be
eligible for successive election to such office by the commission.
(d) The commission's medical advisory panel, appointed by the Governor,
shall consist of four persons licensed to practice medicine in
(e) Each member of the commission and the medical advisory panel shall be
reimbursed for expenses and travel as provided for members of various
professional licensing boards in subsection (f) of Code Section 43-1-2.
§ 43-4B-4. Authority of
commission; inspectors; prefight physicals; investigations; promotion of amateur
boxing; identification cards for boxers; boxing registry; financial backing of
professional events; tax payments
(a) The commission is the sole regulator of professional
boxing in Georgia and shall have authority to protect the physical safety and
welfare of professional boxers and serve the public interest by closely
supervising all professional boxing in Georgia.
(b) The commission shall have the sole jurisdiction to license the promotion
or holding of each professional match, contest, or exhibition of boxing
promoted or held within this state.
(c) The commission shall have the sole authority to license participants
in any professional match, contest, or exhibition of boxing held in this state.
(d) The commission has the authority to direct, manage, control, and
supervise all professional matches, contests, or exhibitions of boxing. It may
adopt bylaws for its own management and promulgate and enforce rules and
regulations consistent with this chapter.
(e) The commission may appoint one or more inspectors as duly authorized
representatives of the commission to ensure that the rules are strictly
observed. Such inspectors shall be present at all professional matches,
contests, or exhibitions of boxing.
(f) The commission may designate physicians as duly authorized
representatives of the commission to conduct physical examinations of boxers
licensed under this chapter and shall designate a roster of physicians
authorized to conduct prefight physicals and serve as ringside physicians in
all professional boxing matches held in this state.
(g) The commission or any agent duly designated by the commission may make
investigations. The commission may hold hearings; issue subpoenas to compel the
attendance of witnesses and the production of books, papers, and records; and
administer oaths to and examine any witnesses for the purpose of determining
any question coming before it under this chapter or under the rules and
regulations adopted pursuant to this chapter. During an investigation of any
allegation which, if proven, would result in criminal or civil sanctions as
provided in this chapter, the commission may withhold all or a portion of the gross
receipts to which the person under investigation is entitled until such time as
the matter has been resolved.
(h) The commission shall be authorized to engage in activities which
promote amateur boxing in this state and to contract with any nonprofit
organization which is exempted from the taxation of income pursuant to Code
Section 48-7-25 for the provision of services related to the promotion of amateur
boxing in this state. To support amateur boxing in this state, the commission
may promote voluntary contributions through the application process or through
any fund raising or other promotional technique deemed appropriate by the
commission.
(i) Pursuant to 15 U.S.C.A. Section 6301, et seq., the commission is
authorized to issue to each boxer who is a resident of this state an
identification card bearing the boxer's photograph and in such form and
containing such information as the commission deems necessary and appropriate.
The commission is expressly authorized to ensure that the form and manner of
issuance of such identification cards comply with any applicable federal law or
regulation. The commission is authorized to charge an amount not to exceed
$100.00 per card for the issuance or replacement of each identification card.
(j) The commission is authorized to create a boxing registry or to designate
a nationally recognized boxing registry and to register each boxer who is a
resident of this state or who is a resident of another state which has no boxing
registry.
(k) The commission is authorized to inquire into the financial backing of
any professional match, contest, or exhibition of boxing and obtain answers to
written or oral questions propounded to all persons associated with such
professional event.
(l) The commission is authorized to receive tax payments in accordance
with Code Section 43-4B-20, and to remit such tax payments to the general
treasury.
§ 43-4B-5. Secretary of
commission
The Secretary of State shall designate the secretary of the commission,
who shall issue licenses and identification cards and perform such other duties
as the commission may direct to carry out the provisions of this chapter.
§ 43-4B-6. Commission
meetings
(a) The commission shall meet upon the call of the
chairperson or upon the call of any two members. The business of the commission
shall be conducted by a majority vote of the members present. A majority of the
commission members shall constitute a quorum.
(b) The chairperson, if necessary, may within ten days of receiving an
application and license fee call a meeting of the commission
for the purpose of approving or rejecting an application for a license or match
permit which has been submitted to the commission. The meeting shall be
held within 20 days of the chairperson's call at a place designated by the
chairperson.
§ 43-4B-7. Rules and regulations
governing professional boxing
The commission shall adopt rules and regulations governing
professional boxing to establish the following:
(1) Procedures to evaluate the professional records and
physicians' certifications of each boxer participating in a professional match,
contest, or exhibition of boxing and to deny authorization for a professional
boxer to fight where appropriate;
(2) Procedures to ensure that, except as otherwise
provided in subsection (c) of Code Section 43-4B-13, no professional boxer is
permitted to box while under suspension from any state boxing commission
because of:
(A) A recent knockout, technical
knockout, or series of consecutive losses;
(B) An injury, requirement for a
medical procedure, or physician's denial of certification;
(C) Failure of a drug test; or
(D) The use of false aliases or
falsifying official identification cards or documents; and
(3) Procedures to report to the boxing registry the
results of all professional matches, contests, or exhibitions of boxing held in
this state or being supervised by the commission and any related suspensions.
§ 43-4B-8. Prohibited
compensation to commission members
No member or employee of the commission and no person who administers
or enforces the provisions of this chapter or rules promulgated in accordance
with this chapter may belong to, contract with, or receive any compensation
from any person or organization who authorizes, arranges, or promotes
professional matches, contests, or exhibitions of boxing, martial arts, or
wrestling or who otherwise has a financial interest in any activity or licensee
regulated by this commission. The term "compensation" does not
include funds held in escrow for payment to another person in connection with a
professional match, contest, or exhibition of boxing, martial arts, or
wrestling.
ARTICLE 2. LICENSING AND PARTICIPATORY
REQUIREMENTS 12
§ 43-4B-10. Promoter's
license and match permit requirements; applications; performance bond; fees
(a) No person shall promote or hold a professional match,
contest, or exhibition of boxing within this state without first applying for
and obtaining a promoter's license from the commission. Licenses shall be
issued annually and shall expire on December 31 of each calendar year.
(b) Promoters shall apply to the commission for a license required by
subsection (a) of this Code section on a form provided by the commission. The
application shall be accompanied by a nonrefundable fee not to exceed $250.00
in the form of a cashier's check made out to the commission. The application
shall also be accompanied by a performance bond in an amount and under such
conditions as the commission may require.
(c) No person shall promote or hold a professional match, contest, or exhibition
of boxing within this state without first applying for and obtaining a match
permit from the commission for such professional match, contest, or exhibition
of boxing in addition to the license required by subsection (a) of this Code
section. Each application for a match permit shall be on a form provided by the
commission and shall be accompanied by a nonrefundable application fee not to
exceed $250.00 in the form of a cashier's check made out to the commission. The
commission may charge an additional match fee in accordance with rules and
regulations promulgated by the commission to implement the provisions of this
article.
(d) The commission may, prior to issuing any match permit, require a
performance bond in addition to that required in subsection (b) of this Code
section.
(e) The commission may refund any portion of the match permit fee in
excess of $250.00 to any person who paid such excess fee in the event the
professional match, contest, or exhibition of boxing for which such fees were
paid is not held.
§ 43-4B-11. Required
licenses for boxers and nonboxing participants; prerequisites to licenses
(a) Prior to participating in a professional match,
contest, or exhibition of boxing supervised by the commission, referees,
judges, timekeepers, matchmakers, boxers, managers, trainers, and each person
who assists a boxer immediately before and after a match, contest, or
exhibition of boxing and between rounds during a match, contest, or exhibition
of boxing shall apply for and be issued licenses. Licenses shall be issued
annually and shall expire on December 31 of each calendar year. Each applicant
shall make application on a form provided by the commission and pay an annual
license fee not to exceed $250.00. Any boxer who has been licensed by the
commission during a previous year shall be deemed to be an applicant for a
license in any year for which such boxer has entered into a written contract to
participate in a professional match, contest, or exhibition of boxing in this
state upon the date of entering into such a contract. Any party to such a
contract may notify the commission that such a contract has been signed.
(b) The commission shall issue a license under this Code section only if:
(1) The commission has determined to the best of its
ability that the applicant has the training or skills necessary to perform in a
manner appropriate to the license;
(2) The applicant has complied with all applicable
requirements of this chapter and any rules and regulations promulgated pursuant
to this chapter; and
(3) The commission or its designated representative has
determined from information provided by the applicant and from any medical
evaluation required by the commission that the health, welfare, and physical
safety of the applicant will not be unduly jeopardized by the issuance of the
license.
§ 43-4B-12. Registry
requirements for boxers; identification card; fees
In addition to the license required in Code Section 43-4B-11,
each professional boxer who is a resident of this state or another state which
has no state boxing commission is required to register with a boxing registry
created or designated by the commission and renew his or her registration as
prescribed by rules of the commission. At the time of registration and renewal,
the boxer shall provide the boxing registry with a recent photograph of the
boxer and the social security number of the boxer or, in the case of a foreign
boxer, any similar citizen identification number or boxer number from the country
of residence of the boxer, along with any other information the commission
requires. The boxing registry shall issue a personal identification number to
each boxer and such number shall appear on the identification card issued to
the boxer as a result of registration. Each boxer is required to present to the
boxing commission an identification card issued by the state in which he or she
resides not later than the time of the weigh-in for a professional match,
contest, or exhibition. The commission may charge a registration fee in an
amount calculated to cover the administrative expense of such registration.
§ 43-4B-13. Authority
to refuse to grant or to revoke or suspend license; fines; revoking suspension
(a) The commission shall have the authority to refuse to
grant a license to an applicant upon a finding by a majority of the entire
commission that the applicant has failed to demonstrate the qualifications or
standards for a license contained in this Code section or under the laws,
rules, and regulations under which licensure is sought. It shall be incumbent
upon the applicant to demonstrate to the satisfaction of the commission that he
or she meets all the requirements for the issuance of a license, and, if the
commission is not satisfied as to the applicant's qualifications, it may deny a
license without a prior hearing; provided, however, that the applicant shall be
allowed to appear before the commission if he or she so desires.
(b) The commission may, by majority vote, after prior notice to the holder
of any state license and after affording such a holder an opportunity to be
heard, fine the license holder, revoke or suspend a state license, or take
other disciplinary action against the licensee, and:
(1) The commission shall, upon the recommendation of any
officially designated representative for reasons involving the medical or
physical safety of any professional boxer licensed by the commission, summarily
suspend any license previously issued by the commission or take other disciplinary
action against any licensee; provided, however, that such licensee shall, after
such summary suspension, be afforded an opportunity to be heard, in accordance
with the rules of the commission and Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act." Any such summary suspension imposed against
such a licensee may include, but shall not be limited to:
(A) Prohibiting any boxer from
competing, appearing in, or participating in any professional match, contest,
or exhibition within 60 days of having suffered a knockout; or
(B) Prohibiting any boxer from
competing, appearing in, or participating in any professional match, contest,
or exhibition within 30 days of having suffered a technical knockout where
evidence of head trauma has been determined by the attending ringside
physician.
The length of any summary suspension invoked pursuant to subparagraph (A) or
(B) of this paragraph, upon recommendation of the ringside physician, may be
extended to any number of days. Terms and conditions of the suspension or
revocation may require that the boxer submit to further medical evaluation as
determined by the ringside physician; and
(2) The commission, its secretary, or its duly
authorized representative may, at any time prior to the completion of a
permitted professional match, contest, or exhibition of boxing, summarily
suspend or revoke the match permit or the license of any specific boxer should
it be determined by such person that the continuation of said professional
match, contest, or exhibition of boxing may jeopardize the health, welfare,
morals, or safety of the citizens of this state or may jeopardize the health or
personal safety of any participant of such professional match, contest, or
exhibition of boxing; provided, however, that such licensee shall, after such
summary suspension, be afforded an opportunity to be heard, in accordance with
the rules of the commission and Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act."
(c) The commission may revoke a suspension of a boxer if:
(1) The boxer was suspended pursuant to rules and
regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of
Code Section 43-4B-7 and has furnished proof of a sufficiently improved medical
or physical condition; or
(2) The boxer furnishes proof that a suspension pursuant
to subparagraph (D) of paragraph (2) of Code Section 43-4B-7 was not or is no
longer merited by the facts.
§
43-4B-14. Prequalification requirements for events
No person may arrange, promote, organize, produce, or
participate in a professional match, contest, or exhibition of boxing without
meeting the following requirements:
(1) Each boxer must be examined
by a physician who must then certify that the boxer is physically fit to compete
safely. Copies of each such certificate shall be provided to the commission
prior to the professional match, contest, or exhibition of boxing. The
commission is authorized at any time to require a boxer to undergo a physical
examination, including neurological or neuropsychological tests and procedures;
(2) A physician approved by the commission must be
continuously present at ringside during every professional match, contest, or exhibition
of boxing. The physician shall observe the physical condition of the boxers and
advise the referee with regards thereto;
(3) One or more inspectors appointed by the commission
as duly authorized representatives of the commission shall be present at each
professional match, contest, or exhibition of boxing to ensure that the rules
are strictly observed. An inspector or other duly authorized representative of
the commission must be present at the weigh-in and at the ring during the
conduct of the professional match, contest, or exhibition of boxing. Inspectors
and other duly authorized representatives of the commission shall have free
access to the dressing rooms of the boxers;
(4) Each boxer shall be covered by health insurance
which will cover injuries sustained during the professional match, contest, or exhibition
of boxing; and
(5) An ambulance and medical personnel with appropriate
resuscitation equipment must be continuously present at the site during any
professional match, contest, or exhibition of boxing.
§ 43-4B-15. Alcohol and
drug use prohibited
It shall be unlawful for any boxer to participate or attempt
to participate in a professional match, contest, or exhibition of boxing while
under the influence of alcohol or any drug. A boxer shall be deemed under the
influence of alcohol or a drug for the purposes of this Code section if a
physical examination made during a period of time beginning not more than six
hours prior to the beginning of the professional match, contest, or exhibition
of boxing and ending not more than one hour after the completion of the
professional match, contest, or exhibition of boxing reveals that the boxer's
mental or physical ability is impaired in any way as a direct result of the use
of alcohol or a drug.
§ 43-4B-16. Building
standards and regulations for matches
All buildings or structures used or intended to be used for
holding or giving professional matches, contests, or exhibitions of boxing
shall be safe and shall in all manner conform to the laws, ordinances, and
regulations pertaining to buildings in the city or unincorporated area of the
county where the building or structure is situated.
§ 43-4B-17. Age
requirements; stricter standards for boxers over age 50
(a) No person under the age of 18 years shall
participate as a contestant in any professional match, contest, or exhibition
of boxing.
(b) A primary duty of the commission is ensuring that any person whose
health does not permit safely engaging in boxing as a contestant is not
licensed as a professional boxer. The General Assembly finds that adequate
protection of the health of persons who are 50 years of age or older requires
additional precautions by the commission. A person who is 50 years of age or
older shall be licensed as a professional boxer and permitted to participate in
a professional match, contest, or exhibition of boxing only if such person:
(1) Has participated as a contestant in at least ten
professional matches or contests of boxing in the immediately preceding ten
years, including at least four professional matches or contests of boxing in
the immediately preceding four years; and
(2) Is declared medically and physically able to
participate as a contestant in a professional match, contest, or exhibition of
boxing by a physician who has conducted a more rigorous examination than
examinations performed in accordance with this chapter for persons who are
younger than 50 years of age.
(c) The commission shall promulgate and adopt rules and regulations for
the more rigorous examination required by this Code section for persons who are
50 years of age or older.
§
43-4B-18. Jurisdiction of commission
The commission shall have jurisdiction over any professional match,
contest, or exhibition of boxing which occurs or is held within this state, is
filmed in this state, or is broadcast or transmitted from this state.
§ 43-4B-19. Proceedings
for violations of article
(a) Whenever it may appear to the commission that any
person is violating or has violated any provision of this article or Article 1
of this chapter and that proceedings would be in the public interest:
(1) Subject to notice and opportunity for hearing in
accordance with Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act," unless the right to notice is waived by the person against
whom the sanction is imposed, the commission may:
(A) Issue a cease and desist order
prohibiting any violation of this article or Article 1 of this chapter;
(B) Issue an order against a person
who violates this article or Article 1 of this chapter, imposing a civil
penalty up to a maximum of $1,000.00 per violation; or
(C) Issue an order suspending or
revoking the license of the person violating this article or Article 1 of this
chapter; or
(2) Upon a showing by the commission in any superior
court of competent jurisdiction that a person has violated or is about to
violate this article or Article 1 of this chapter, a rule promulgated under
this article or Article 1 of this chapter, or an order of the commission, the
court may enter or grant any or all of the following relief:
(A) A temporary restraining order or a
temporary or permanent injunction;
(B) A civil penalty up to a maximum of
$2,000.00 per violation of this article or Article 1 of this chapter;
(C) A declaratory judgment;
(D) Restitution to any person or
persons adversely affected by a defendant's action in violation of this article
or Article 1 of this chapter; or
(E) Other relief as the court deems
just or reasonable.
(b) Unless the commission determines that a person subject to this article
intends to depart quickly from this state or to remove his or her property from
this state or to conceal his or her person or property in this state or that
there is immediate danger of harm to citizens of this state or another state,
the commission shall give notice in writing that such proceedings are
contemplated and allow such person a reasonable opportunity to appear before
the commission and execute an assurance of voluntary compliance. The determination
of the commission under this subsection shall be final and not subject to
review.
(c) Procedures relating to hearings, notice, counsel, subpoenas, records,
enforcement powers, intervention, rules of evidence, decisions, exceptions,
review of initial decisions, final decisions, and judicial review of decisions
shall be governed by Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act," unless the provisions of such chapter are contrary to the
express provisions of this article or Article 1 of this chapter.
§ 43-4B-20. Report by
promoter required; pay perview promoters; tax payment; falsifying report
(a) A promoter holding a match, contest, or exhibition
of boxing shall, within three business days after the match, file with the commission
a written report which includes the number of tickets sold, the amount of gross
receipts, the amount of gross proceeds, and any other facts the commission may
require. Within ten days following the match, contest, or exhibition of boxing,
the promoter shall remit to the commission a tax payment in the amount of 5
percent of the gross proceeds exclusive of any federal taxes.
(b) A promoter who sells, transfers, or extends to another the rights to
telecast by pay per view for viewing in this state, whether the telecast
originates inside or outside this state, a match, contest, or exhibition of
boxing that would be subject to regulation by the commission in accordance with
this chapter if the match, contest, or exhibition were held in this state,
shall, within three business days after the sale, transfer, or extension of
such rights in whole or in part, file with the commission a written report that
includes the gross price charged for the rights to telecast by pay per view,
the number of tickets sold, the amount of gross receipts, and any other facts
the commission may require.
(c) Any written report required to be filed with the commission under this
Code section shall be postmarked within three business days after the
conclusion of the match or telecast, if the telecast is later than the match,
and an additional five days shall be allowed for mailing.
(d) Each promoter subject to subsection (b) of this Code Section shall
remit to the commission within ten days following a match, contest, or exhibition
a tax payment in the amount of 5 percent of total gross receipts, as defined in
subparagraph (A) of paragraph (8) of Code Section 43-4B-1, exclusive of any
federal taxes, except that the tax payment derived from the gross price charged
for the sale or lease of pay per view telecasting and motion picture rights
shall not exceed $40,000.00 for any single event.
(e)(1) Any promoter who willfully makes a false and
fraudulent report under this Code section is guilty of perjury and, upon
conviction, is subject to punishment as provided by law. Such penalty shall be
in addition to any other penalties imposed by this chapter.
(2) Any promoter who willfully fails, neglects, or
refuses to make a report or to pay the taxes as prescribed or who refuses to
allow the commission to examine the books, papers, and records of any promotion
is guilty of a misdemeanor.
(f) The commission shall remit all tax payments to the general treasury of
the state.
§
43-4B-21. Injunctions; penalty for violations of article; unarmed
combat
(a) Whenever the Attorney General has reasonable cause
to believe that a person is engaged in a violation of this article, the
Attorney General may bring a civil action requesting such relief, including a
permanent or temporary injunction, restraining order, or other order against
such person as the Attorney General determines to be necessary to restrain the
person from continuing to engage in, sanction, promote, or otherwise
participate in a professional match, contest, or exhibition of boxing in violation
of this article.
(b)(1) Any manager, promoter, matchmaker, or licensee
who knowingly violates or coerces or causes any other person to violate any
provision of this article shall, upon conviction, be imprisoned for not more
than one year or fined not more than $20,000.00, or both.
(2) Any member or employee of the commission or any
person who administers or enforces this chapter or rules and regulations
promulgated pursuant to this chapter who knowingly violates Code Section
43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not
more than one year or fined not more than $20,000.00, or both.
(3) Any professional boxer who knowingly violates any
provision of this article except Code Section 43-4B-15 shall, upon conviction,
be fined not more than $1,000.00 for each violation.
(4) Any professional boxer who violates the provisions
of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00
together with a percentage of the purse not to exceed 15 percent for each
violation.
(c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor
of a high and aggravated nature.
(d) Promotion of unarmed combat, as defined in Code Section 43-4B-1, is a
misdemeanor for the first offense; a high and aggravated misdemeanor for the
second offense; and a felony for the third and subsequent offenses, punishable
upon conviction by a fine not to exceed $10,000.00 or imprisonment not to
exceed two years, or both such fine and imprisonment.
§ 43-4B-25. Authority
to resell tickets; service charges
(a) Except as otherwise provided in Code Section
43-4B-29, it shall be unlawful for any person other than a ticket broker to
resell or offer for resale any ticket of admission or other evidence of the
right of entry to any athletic contest, concert, theater performance,
amusement, exhibition, or other entertainment event to which the general public
is admitted for a price in excess of the face value of the ticket.
Notwithstanding any other provision of this article to the contrary, a service
charge not to exceed $3.00 may be charged when tickets or other evidences of
the right of entry are sold by an authorized ticket agent through places of
established business licensed to do business by the municipality or county,
where applicable, in which such places of business are located. Notwithstanding
any other provision of this article to the contrary, the owner, operator,
lessee, or tenant of the property on which such athletic contest or entertainment
event is to be held or is being held or the sponsor of such contest or event
may charge or may authorize, in writing, any person to charge a service charge
for the sale of such ticket, privilege, or license of admission in addition to
the face value of the ticket. Such writing granting authority to another shall
specify the amount of the service charge to be charged for the sale of each
ticket, privilege, or license of admission.
(b) Notwithstanding any other provision of this article to the contrary,
in the case of any athletic contest or entertainment event that is described in
Code Section 43-4B-30, a sponsor of such a contest or event may contractually
restrict the resale of a ticket to such contest or event by giving notice of
such restriction on the back of the ticket. Notwithstanding any other provision
of this article to the contrary, in the case of any athletic contest or
entertainment event, an owner, operator, lessee, or tenant of the property on
which such contest or event is to be held or is being held may contractually
restrict the resale of the right of occupancy of any specific suite, seat, or
seating area by giving notice in writing of such restriction.
§
43-4B-26. Requirements
In order to engage in the practice or business of a ticket
broker a person shall be required to:
(1) Maintain a permanent office or place of business in
this state, excluding a post office box, for the purpose of engaging in the
business of a ticket broker;
(2) Apply to the commission for a ticket broker's
license on a form designated by the commission, pay an annual license fee of
$500.00, and renew the license annually;
(3) Pay any local tax required by a local government;
and
(4) Register for sales and use tax purposes pursuant to Article
1 of Chapter 8 of Title 48.
§
43-4B-27. Disqualification for felony conviction
No person shall engage in the practice or business of a
ticket broker, or be employed as general manager for a person engaged in the
practice or business of a ticket broker, who has been convicted of a felony and
who has not been pardoned or had his or her civil rights restored.
§ 43-4B-28. Resale by
ticket brokers; disclosure requirements; sale and resale restrictions; refunds
(a) The ticket broker shall be required to:
(1) Post at its established place of business the terms
of the purchaser's right to cancel the purchase of a ticket from a ticket
broker;
(2) Disclose to the purchaser the refund policy of the
ticket broker should an athletic contest or entertainment event be canceled;
(3) Disclose to the purchaser in writing the difference
between the face value of the ticket and the amount which the ticket broker is
charging for such ticket; and
(4) Sell tickets only at its permanent office, place of
business, or through the Internet; provided, however, that delivery of one or
more tickets after the transaction is completed to a place other than the
ticket broker's office or place of business shall not violate this paragraph.
(b)(1) A ticket broker shall be prohibited from
employing any agent or employee for the purpose of making future purchases of
tickets from the owner, operator, lessee, or tenant of the property on which an
athletic contest or entertainment event is to be held.
(2) Each ticket broker, including any affiliated group
of ticket brokers, shall be prohibited from acquiring and reselling in excess
of 1 percent of the total tickets allocated for any contest or event.
(3) Unless otherwise provided in a written agreement between
a ticket broker and the purchaser, a ticket broker shall be required to refund
any payment received for the purchase of a ticket under this article if the
purchaser returns the ticket and requests a cancellation of the sale thereof
within 36 hours from the time of purchase of the ticket and if such return is
made more than 72 hours preceding the athletic contest or entertainment event.
(4) A ticket broker shall be required to refund any
payment received for the purchase of a ticket under this article if the
athletic contest or entertainment event is canceled and not rescheduled.
(5) If a ticket broker guarantees in writing delivery of
a ticket or tickets to an athletic contest or entertainment event as provided
under this article to a purchaser and fails to complete such delivery, the
ticket broker shall be required to provide within 15 days a full refund of any
amount paid by the purchaser and, in addition, shall pay the purchaser a refund
fee of three times the amount paid by the purchaser for each such ticket.
(c)(1) For all venues which seat or admit less than
15,000 persons, a ticket broker and its employees, agents, and assigns are
criminally prohibited from reselling or offering for resale any ticket within
1,500 feet from the venue where an event or contest is to be held or is being
held.
(2) For all venues which seat or admit 15,000 or more
persons, a ticket broker and its employees, agents, and assigns are criminally
prohibited from reselling or offering for resale any ticket within 2,700 feet
from the venue where an event or contest is to be held or is being held.
(d) Any ticket broker offering to resell tickets to an athletic contest or
entertainment event through any printed, broadcast, or Internet advertising
shall include in such advertising the license number of such ticket broker
offering such tickets for resale.
§ 43-4B-29. Resale of
tickets by original purchaser; charitable organizations
(a) No provision of this article or any other provision
of law shall criminally prohibit any person who is the original purchaser for
personal use of one or more tickets to an athletic contest or entertainment
event covered under this article from reselling or offering for resale any of
such tickets for any price, provided that such person does not sell or offer to
sell such tickets within 2,700 feet of a venue which seats or admits 15,000 or
more persons for such a contest or event or a public entrance to such a contest
or event.
(b) Charitable organizations and their employees and volunteers shall not
be subject to the provisions of this article when offering for sale any tickets
of admission in a raffle, auction, or similar fundraising activity for the
benefit of the organization's charitable purposes.
§ 43-4B-29.1. Resale
within zone authorized by the event organizer and the venue owner or operator
(a) Notwithstanding subsection (c) of Code Section
43-4B-28 and subsection (b) of Code Section 43-4B-30, no provision of this
article or any other provision of law shall provide a criminal penalty for or
prohibit the resale or offering for resale of a ticket or tickets to an
athletic contest or entertainment event covered under this article by a ticket
broker or a ticket broker's employees, agents, and assigns in a zone or zones within
the area where such resale or offering for resale is prohibited by such
subsections, if such activity is authorized by the organizer of the contest or
event and the owner or operator of the venue where such contest or event is
being held or to be held.
(b) Notwithstanding subsection (a) of Code Section 43-4B-29 and subsection
(b) of Code Section 43-4B-30, no provision of this article or any other
provision of law shall provide a criminal penalty for or prohibit the resale or
offering for resale of a ticket or tickets purchased by any person who is the original
purchaser for personal use of such ticket or tickets to an athletic contest or
entertainment event covered under this article in a zone or zones within the
area where such resale or offering for resale is prohibited by such
subsections, if such activity is authorized by the organizer of the contest or
event and the owner or operator of the venue where such contest or event is
being held or to be held.
§ 43-4B-30. County and
municipal ordinances
(a) With regard to any single athletic contest or
entertainment event which occurs no more often than once annually and with
regard to any series of athletic contests which occur no more often than once
annually and which occur within a time period not exceeding ten days, the
municipal corporation in which such contest, event, or series of contests is to
be held, or if the contest, event, or series of contests is to be held in an
unincorporated area, the county of such unincorporated area, is authorized to
enact by ordinance regulations governing ticket brokers for such contest,
event, or series of contests which are more restrictive than the provisions of
this article.
(b) The municipal corporation in which an athletic contest or
entertainment event is to be held, or if the contest or entertainment event is
to be held in an unincorporated area, the county of such unincorporated area,
is authorized to enact an ordinance prohibiting the resale or offering for
resale of one or more tickets by a ticket broker or by a person who is the original
purchaser for personal use of one or more tickets within 2,700 feet of a venue
which seats or admits 15,000 or more persons.
§ 43-4B-31. Violation
of article a misdemeanor
Any person who violates this article is guilty of a
misdemeanor of a high and aggravated nature.
§ 43-4B-32. Powers of
commission upon violation of article
(a) In addition to the powers and duties set out in Code
Section 43-4B-3, the commission is authorized to promulgate rules and regulations
to accomplish the purposes of this article in accordance with Chapter 13 of
Title 50, the "Georgia Administrative Procedure Act." The commission
shall enforce the provisions of this article. The enforcement powers of the
commission set out in this Code section shall be in addition to the criminal
penalty provided by Code Section 43-4B-31.
(b) Whenever it may appear to the commission that any person is violating
or has violated any provision of this article and that proceedings would be in
the public interest:
(1) Subject to notice and opportunity for hearing in
accordance with Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act," unless the right to notice is waived by the person against
whom the sanction is imposed, the commission may:
(A) Issue a cease and desist order
prohibiting any violation of this article;
(B) Issue an order against a person
who violates this article, imposing a civil penalty up to a maximum of
$1,000.00 per violation; or
(C) Issue an order suspending or
revoking the ticket broker's license; or
(2) Upon a showing by the commission in any superior
court of competent jurisdiction that a person has violated or is about to
violate this article, a rule promulgated under this article, or an order of the
commission, the court may enter or grant any or all of the following relief:
(A) A temporary restraining order or a
temporary or permanent injunction;
(B) A civil penalty up to a maximum of
$2,000.00 per violation of this article;
(C) A declaratory judgment;
(D) Restitution to any person or
persons adversely affected by a defendant's action in violation of this
article; or
(E) Other relief as the court deems
just or reasonable.
(c) Unless the commission determines that a person subject to this article
intends to depart quickly from this state or to remove his or her property from
this state or to conceal his or her person or property in this state or that
there is immediate danger of harm to citizens of this state or another state,
the commission shall give notice in writing that such proceedings are
contemplated and allow such person a reasonable opportunity to appear before
the commission and execute an assurance of voluntary compliance. The
determination of the commission under this subsection shall be final and not
subject to review.
(d) Procedures relating to hearings, notice, counsel, subpoenas, records,
enforcement powers, intervention, rules of evidence, decisions, exceptions,
review of initial decisions, final decisions, and judicial review of decisions
shall be governed by Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act," unless the provisions of such chapter are contrary to the
express provisions of this article.
ARTICLE 4. REGULATION OF MARTIAL ARTS AND
WRESTLING 7
§ 43-4B-50. Authority
and duties of the commission with regard to licensure, exemption from
licensure, and regulation
(a) The commission shall have the sole authority to
license organizations that govern and authorize matches, contests, and exhibitions
of martial arts and wrestling and to exempt organizations from licensure in
accordance with this article. The commission shall have the sole authority to
permit and regulate matches, contests, and exhibitions of martial arts and
wrestling. The commission shall have the sole authority to license promoters of
matches, contests, and exhibitions of martial arts. The commission shall have
the duty to safeguard the public health, to protect competitors, and to provide
for competitive matches by requiring licensed organizations to abide by rules
promulgated by the commission for basic minimum medical and safety requirements
based on the nature of the activity and the anticipated level of physical
conditioning and training of competitors. The commission shall have the
authority to inquire as to a licensed organization's plans or arrangements for
compliance with such rules. The commission shall have the authority to require
annual fees for licensure and a fee for each such match, contest, or exhibition
or for each show and to penalize licensed organizations, licensed promoters,
and the holders of match permits that violate the provisions of this article or
rules of the commission promulgated in accordance with this article.
(b) If requested by a licensed organization, the commission shall have the
authority to provide direct oversight services, including but not limited to
on-site inspectors, to a licensed organization for a fee negotiated between the
commission and the licensed organization.
§ 43-4B-51. Fees
(a) Except as otherwise provided in subsection (c) of
this Code section, the annual fee for licensure of organizations subject to
this article is $1,000.00.
(b) As used in this subsection, the term "show" includes all matches,
contests, or exhibitions held at the same venue on the same date and included
in the same admission fee if an admission fee is charged. Except as otherwise
provided in subsection (c) of this Code section, the maximum permit fee for
each show authorized or governed by an organization licensed in accordance with
this article is $250.00. The maximum permit fee for each match, contest, or
exhibition that is not a component of a show and is authorized by an
organization licensed in accordance with this article is $250.00, except as
otherwise provided in subsection (c) of this Code section. Such fee shall be
paid to the commission on or before the date of the match, contest, or
exhibition. The commission may provide by rule for a refund of a portion of the
fee if the match, contest, or exhibition is not held.
(c) For organizations authorizing or governing matches, contests, or exhibitions
of wrestling as defined in subparagraph (A) of paragraph (21) of Code Section
43-4B-1, the annual fee for licensure is $100.00. There shall be no permit fee
for matches, contests, or exhibitions of wrestling as defined in such
subparagraph. Organizations subject to this subsection shall make reports to
the commission in accordance with rules and regulations promulgated by the
commission.
(d) The annual fee for a promoter's license for promoters of martial arts matches,
contests, or exhibitions shall be $500.00.
§
43-4B-52. Requirements for matches, contests, and exhibitions
(a) A licensed organization shall provide written notice
to the commission of a match, contest, or exhibition authorized and governed by
the organization no later than 15 days before the date of the match, contest,
or exhibition. The licensed organization governing the match, contest, or exhibition
shall provide information required by the commission relating to the
contestants, venue, rules for the competition, and anticipated level of
physical conditioning and training of the contestants.
(b) A licensed organization shall, after a match, contest, or exhibition
authorized and governed by the organization, file with the commission an
affidavit that includes the number of tickets sold, the amount of gross
receipts, the amount of sales tax to be paid to the Department of Revenue, and
any other facts the commission may require. Such affidavit shall be postmarked
within three business days after the conclusion of the match, contest, or
exhibition.
§ 43-4B-53. Prohibited
activities for felons or persons convicted of crime of moral turpitude
(a) Notwithstanding any other provision of this chapter
or any other law to the contrary, no person or entity shall directly or
indirectly engage in the practice of being a promoter of kickboxing, muay thai,
Thai boxing, full-contact karate, mixed martial arts, shidokan, or martial arts
matches, contests, exhibitions of any type, or be employed or otherwise serve
as a manager, matchmaker, or organizer for any person or entity engaged in the
practice of being a promoter of kickboxing, muay thai, Thai boxing, full-contact
karate, mixed martial arts, or martial arts matches, contests, or exhibitions
of any type, who has been convicted of, has pleaded guilty to, has entered a
plea of nolo contendere to, or has been found guilty of a felony or crime of
moral turpitude under the laws of this state or any offense that, had it
occurred within this state, would constitute a felony or crime of moral
turpitude under the laws of this state for a period of ten years from the date
of such conviction or plea. For purposes of this Code section, a conviction
shall include but not be limited to disposition under Article 3 of Chapter 8 of
Title 42.
(b) Notwithstanding any other provision of this chapter or any other law
to the contrary, no person or entity shall be retained, employed, or otherwise
serve as a sanctioning, governing, licensing, authorizing, or ranking body or
organization or act as an employee or representative thereof for any kickboxing,
muay thai, full-contact karate, mixed martial arts, shidokan, or martial arts matches,
contests, or exhibitions of any type promoted, managed, or organized in
violation of subsection (a) of this Code section.
(c) Notwithstanding any other provision of this chapter or any other law
to the contrary, no sanctioning, governing, licensing, authorizing, or ranking
body or organization for any kickboxing, muay thai, Thai boxing, full-contact
karate, mixed martial arts, shidokan, or martial arts matches, contests, or exhibitions
of any type shall employ, designate, or otherwise assign or utilize any person
as a representative or official who has pleaded guilty to, has entered a plea
of nolo contendere to, or has been found guilty of a felony or crime of moral
turpitude under the laws of this state or any offense that, had it occurred
within this state, would constitute a felony or crime of moral turpitude under
the laws of this state for a period of ten years from the date of such
conviction or plea. For purposes of this Code section, a conviction shall
include but not be limited to disposition under Article 3 of Chapter 8 of Title
42.
(d) The first violation of this Code section by any individual or entity
shall constitute a misdemeanor of a high and aggravated nature. Any second and
subsequent conviction under this Code section shall constitute a felony and
shall be punished by imprisonment for not less than one nor
more than five years.
§ 43-4B-54. Suspension,
revocation, or denial of licenses or permits; fines
(a) The commission is authorized to suspend, revoke, or
deny a license or renewal of a license of an organization or a promoter for
violation of this article or rules of the commission promulgated in accordance
with this article. The commission is authorized to fine a licensed organization
or promoter for violation of this article or rules of the commission
promulgated in accordance with this article.
(b) The commission is authorized to suspend, revoke, or deny issuance of a
permit for a show, match, contest, or exhibition issued in accordance with this
article in the interest of the safety or health of the competitors or public,
or for violation of this article or rules of the commission promulgated in
accordance with this article.
§ 43-4B-55. Exemptions
(a) Subject to the restriction set forth in Code Section
43-4B-53, the commission is authorized to exempt organizations from the
requirements of licensure and permitting when the commission, in its
discretion, deems the matches, contests, and exhibitions authorized or governed
by the organization present little or no danger to the health and safety of the
competitors and the public.
(b) In determining whether to exempt an organization from licensure and
permitting requirements, the commission shall consider the following factors:
(1) Whether the organization requesting exemption has
allowed any person who has ever pleaded guilty to, has entered a plea of nolo
contendere to, or has been found guilty of a felony or crime of moral turpitude
under the laws of this state or any offense that, had it occurred within this state,
would constitute a felony or crime of moral turpitude under the laws of this
state, within ten years of such conviction or plea, to act as a promoter for
any match, contest, or exhibition that it has sanctioned, governed, licensed,
or authorized or whether it has authorized, retained, employed, or otherwise
allowed such a person to act or serve as its employee or representative in
connection with any match that it has sanctioned, governed, licensed, or
authorized. For purposes of this Code section, a conviction shall include but
not be limited to adjudication under Article 3 of Chapter 8 of Title 42. Should
the commission determine that a sanctioning organization has allowed, retained,
employed, or otherwise authorized such a person to act in any of the aforementioned
capacities, the organization shall not be exempted from the requirements of
licensure;
(2) Whether the matches, contests, and exhibitions are
conducted in the course of teaching wrestling or a martial art and are closely
supervised by well-trained teachers;
(3) Whether an admission fee is charged for viewing the matches,
contests, or exhibitions;
(4) Whether the matches, contests, or exhibitions offer
a commercial advantage to the organization;
(5) Whether the matches, contests, or exhibitions are
conducted in a manner to minimize the danger of injury;
(6) Whether the commission's information about previous matches,
contests, or exhibitions conducted by the organization indicates that the
matches, contests, or exhibitions are likely to result in injury; and
(7) Other factors deemed by the commission as indicia of
danger to health or safety and set out in rules promulgated by the commission.