05
SB224/AP
Senate
Bill 224
By:
Balfour of the 9th and Henson of the 41st
AS
PASSED
AN
ACT
To
amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating
to the Georgia Athletic and Entertainment Commission, so as to revise and
clarify definitions relative to the commission; to change a provision relating
to the applicability of the chapter; to change a provision relating to the term
of appointment for members of the commission; to provide that restrictions on
members and employees of the commission apply to martial arts and wrestling in
addition to boxing; to provide for the offense of promotion of unarmed combat;
to provide for penalties; to revise provisions relating to taxation of
promoters´ gross receipts; to change a provision relating to service
charges for tickets sold by an authorized ticket agent; to provide for the
commission´s authority relative to licensure of organizations that govern
and authorize matches, contests, and exhibitions of martial arts and wrestling,
licensure of promoters of martial arts matches, contests, and exhibitions, and
permitting of such matches, contests, and exhibitions; to provide for fees and
exceptions; to provide for requirements for such matches, contests, and
exhibitions; to prohibit licensure in certain circumstances; to provide for
exceptions; to prohibit certain practices and employment of any person or entity
convicted of a felony or crime of moral turpitude; to prohibit employment of
such a person or entity by certain organizations; to provide for penalties; to
provide for fines and for suspension, revocation, and denial of licenses and
permits; to provide for exemptions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4B of Title 43 of the Official Code of Georgia Annotated, relating to the
Georgia Athletic and Entertainment Commission, is amended by striking Code
Section 43-4B-1, relating to definitions relative to the commission, and
inserting in lieu thereof the following:
"43-4B-1.
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:
(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.
(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)
'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)
'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.
(11.1)
'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 of
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 District of Columbia, and
any territory or possession of the United States.
(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, kick boxing, 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;
or
(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."
SECTION
2.
Said
chapter is further amended by striking Code Section 43-4B-2, relating to the
application of the chapter, and inserting in lieu thereof the
following:
"43-4B-2.
(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.
SECTION
3.
Said
chapter is further amended in Code Section 43-4B-3, relating to the membership
of the Georgia Athletic and Entertainment Commission, the commission´s
medical advisory panel, and reimbursement of members, by striking subsection (b)
and inserting in lieu thereof the following:
"(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."
SECTION
4.
Said
chapter is further amended by striking Code Section 43-4B-8, relating to
prohibited activities for commission members, and inserting in lieu thereof the
following:
"43-4B-8.
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."
SECTION
5.
Said
chapter is further amended by striking Code Section 43-4B-20, relating to
required reports from promoters, and inserting in lieu thereof the
following:
"43-4B-20.
(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."
SECTION
6.
Said
chapter is further amended in Code Section 43-4B-21, relating to penalties for
violations relative to boxing and fighting, by inserting a new subsection to be
designated subsection (d) to read as follows:
"(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."
SECTION
7.
Said
chapter is further amended by striking Code Section 43-4B-26, relating to
requirements for ticket brokers, and inserting in its place the
following:
"43-4B-26.
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."
SECTION
8.
Said
chapter is further amended by striking Code Section 43-4B-28, relating to ticket
sales, disclosure requirements, resale restrictions, and refunds, and inserting
in its place the following:
"43-4B-28.
(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."
SECTION
9.
Said
chapter is further amended by striking subsection (a) of Code Section 43-4B-29,
relating to resale of tickets by an original purchaser for personal use, and
inserting in lieu thereof the following:
"(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."
SECTION
10.
Said
chapter is further amended by inserting a new Code section to be designated Code
Section 43-4B-29.1 to read as follows:
"43-4B-29.1.
(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."
SECTION
11.
Said
chapter is further amended by striking Code Section 43-4B-30, relating to county
and municipal ordinances, and inserting in its place the following:
"43-4B-30.
(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."
SECTION
12.
Said
chapter is further amended by inserting a new article to be designated Article
4, to read as follows:
"ARTICLE
4
43-4B-50.
(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.
(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
exhibits 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.
(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.
(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 kick boxing, 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 kick boxing, 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 kick
boxing, 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 kick boxing, 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.
(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.
(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."
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.