Download Zipped Enrolled WP 9 SB0025.ZIP 21,838 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

S.B. 25 Enrolled

                 

UTAH PROFESSIONAL ATHLETIC COMMISSION ACT

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Pete Suazo

                  This act modifies the Utah Professional Boxing Regulation Act by repealing the current act
                  and replacing it with the Utah Professional Athletic Commission Act. The act removes the
                  regulation of boxing and unarmed combat from the Division of Occupational and
                  Professional Licensing and creates an independent Utah Professional Athletic Commission
                  within the Department of Commerce. The act provides for the licensure of promoters,
                  managers, seconds, contestants, judges, and referees. The act grants rulemaking authority
                  to the Utah Professional Athletic Commission to govern unarmed combat. The act prohibits
                  ultimate fighting. The act defines unlawful and unprofessional conduct and provides for
                  penalties. The act authorizes the hiring of a director of the Utah Professional Athletic
                  Commission. The act levies fees on ticket proceeds and broadcast revenues from contests.
                  The act provides for funding of amateur boxing within the state. This act provides an
                  effective date.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  ENACTS:
                      13-33-101, Utah Code Annotated 1953
                      13-33-102, Utah Code Annotated 1953
                      13-33-201, Utah Code Annotated 1953
                      13-33-202, Utah Code Annotated 1953
                      13-33-203, Utah Code Annotated 1953
                      13-33-204, Utah Code Annotated 1953
                      13-33-205, Utah Code Annotated 1953
                      13-33-301, Utah Code Annotated 1953
                      13-33-302, Utah Code Annotated 1953
                      13-33-303, Utah Code Annotated 1953
                      13-33-304, Utah Code Annotated 1953


                      13-33-305, Utah Code Annotated 1953
                      13-33-401, Utah Code Annotated 1953
                      13-33-402, Utah Code Annotated 1953
                      13-33-403, Utah Code Annotated 1953
                      13-33-404, Utah Code Annotated 1953
                      13-33-405, Utah Code Annotated 1953
                      13-33-501, Utah Code Annotated 1953
                      13-33-502, Utah Code Annotated 1953
                      13-33-503, Utah Code Annotated 1953
                      13-33-504, Utah Code Annotated 1953
                      13-33-505, Utah Code Annotated 1953
                      13-33-506, Utah Code Annotated 1953
                  REPEALS:
                      58-66-101, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-102, as last amended by Chapter 77, Laws of Utah 2000
                      58-66-201, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-301, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-302, as last amended by Chapter 77, Laws of Utah 2000
                      58-66-303, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-401, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-501, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-502, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-503, as enacted by Chapter 83, Laws of Utah 1997
                      58-66-601, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-602, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-603, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-604, as last amended by Chapter 77, Laws of Utah 2000
                      58-66-605, as enacted by Chapter 11, Laws of Utah 1995

- 2 -


                      58-66-606, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-607, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-608, as enacted by Chapter 11, Laws of Utah 1995
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 13-33-101 is enacted to read:
                 
CHAPTER 33. UTAH PROFESSIONAL ATHLETIC COMMISSION ACT

                 
Part 1. General Provisions

                      13-33-101. Title.
                      This chapter is known as the "Utah Professional Athletic Commission Act."
                      Section 2. Section 13-33-102 is enacted to read:
                      13-33-102. Definitions.
                      As used in this chapter:
                      (1) "Bodily injury" means as defined in Section 76-1-601 .
                      (2) "Commission" means the Utah Professional Athletic Commission created in this chapter.
                      (3) "Contest" means a live match, performance, or exhibition involving persons engaged in
                  unarmed combat.
                      (4) "Contestant" means an individual who participates in a contest for a cash purse in any
                  amount or for a noncash purse with more than nominal value as defined by rule.
                      (5) "Department" means the Department of Commerce.
                      (6) "Director" means the director of the Utah Professional Athletic Commission.
                      (7) "Executive director" means the executive director of the Department of Commerce.
                      (8) "Exhibition" means an engagement in which the participants show or display their skills
                  without necessarily striving to win.
                      (9) "Judge" means an individual qualified by training or experience to:
                      (a) rate the performance of contestants;
                      (b) score a contest; and
                      (c) determine with other judges whether there is a winner of the contest or whether the
                  contestants performed equally resulting in a draw.

- 3 -


                      (10) "Manager" means an individual who represents a contestant for the purposes of
                  obtaining matches, negotiating terms and conditions of the contract under which the contestant will
                  engage in a contest, or arranging for a second for the contestant at a contest.
                      (11) "Promoter" means a person who engages in producing or staging contests and
                  promotions.
                      (12) "Promotion" means a single contest or a combination of contests that occur during the
                  same time at the same location and that is produced or staged by a promoter.
                      (13) (a) "Purse" means any money, prize, remuneration, or any other valuable consideration
                  a contestant receives or may receive for participation in a contest.
                      (b) "Purse" does not mean a trophy, medal, or similar object of nominal value as defined by
                  rule that is received for participation in a contest.
                      (14) "Referee" means an individual qualified by training or experience to act as the official
                  attending a contest at the point of contact between contestants for the purpose of:
                      (a) enforcing the rules relating to the contest;
                      (b) stopping the contest in the event the health, safety, and welfare of a contestant or any
                  other person in attendance at the contest is in jeopardy; and
                      (c) to act as a judge if so designated by the commission.
                      (15) "Second" means an individual who attends a contestant at the site of the contest before,
                  during, and after the contest in accordance with contest rules.
                      (16) "Serious bodily injury" is as defined in Section 76-1-601 .
                      (17) "Total gross receipts" means the amount of the face value of all tickets sold to a
                  particular contest plus any sums received as consideration for holding the contest at a particular
                  location.
                      (18) "Ultimate fighting match" means a live match in which:
                      (a) an admission fee is charged;
                      (b) match rules permit contestants to use a combination of boxing, kicking, wrestling,
                  hitting, punching, or other combative, contact techniques; and
                      (c) match rules do not:

- 4 -


                      (i) incorporate a formalized system of combative techniques against which a contestant's
                  performance is judged to determine the prevailing contestant;
                      (ii) divide a match into two or more equal and specified time periods for a match total of no
                  more than 50 minutes; or
                      (iii) prohibit contestants from:
                      (A) using anything that is not part of the human body, except for boxing gloves, to
                  intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion
                  of a projectile;
                      (B) striking a person who demonstrates an inability to protect himself from the advances of
                  an opponent;
                      (C) biting; or
                      (D) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of the
                  neck, and temple area of the head.
                      (19) "Unarmed combat" means boxing, wrestling, or any form of competition in which a
                  blow is usually struck which may reasonably be expected to inflict bodily injury.
                      (20) "Unlawful conduct" means organizing, promoting, or participating in a contest which
                  involves:
                      (a) contestants that are not licensed under this chapter; or
                      (b) persons other than contestants, unless the contest is conducted in accordance with the
                  standards and regulations of USA Boxing, Inc.
                      (21) "Unprofessional conduct" means:
                      (a) entering into a contract for a contest in bad faith;
                      (b) participating in any sham or fake contest;
                      (c) participating in a contest pursuant to a collusive understanding or agreement in which
                  the contestant competes in or terminates the contest in a manner that is not based upon honest
                  competition or the honest exhibition of the skill of the contestant;
                      (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
                  unsportsmanlike conduct in connection with a contest;

- 5 -


                      (e) failing to comply with any limitation, restriction, or condition placed on a license; or
                      (f) as further defined by rule by the commission.
                      Section 3. Section 13-33-201 is enacted to read:
                 
Part 2. Commission

                      13-33-201. Commission -- Creation -- Appointments -- Terms -- Expenses -- Quorum.
                      (1) There is created within the Department of Commerce the Utah Professional Athletic
                  Commission consisting of five members.
                      (2) (a) The commission members shall be appointed by the executive director.
                      (b) The commission members may not be licensees under this chapter.
                      (c) The names of all persons appointed to the commission shall be submitted to the governor
                  for confirmation or rejection.
                      (3) (a) Except as required by Subsection (3)(b), as terms of current members expire, the
                  executive director shall appoint each new member or reappointed member to a four-year term.
                      (b) Notwithstanding the requirements of Subsection (3)(a), the executive director shall, at
                  the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
                  members are staggered so that approximately half of the commission is appointed every two years.
                      (c) A member may not serve more than two consecutive terms, and a member who ceases
                  to serve on the commission may not serve again on the commission until after the expiration of a
                  two-year period beginning from that cessation of service.
                      (d) (i) When a vacancy occurs in the membership for any reason, the replacement shall be
                  appointed for the unexpired term.
                      (ii) After filling that term, the replacement member may be appointed for only one additional
                  full term.
                      (e) If a commission member fails or refuses to fulfill the responsibilities and duties of a
                  commission member, including the attendance at commission meetings, the executive director, with
                  the approval of the commission, may remove the commission member and replace the member in
                  accordance with this section.
                      (4) A majority of the commission members constitutes a quorum. A quorum is sufficient

- 6 -


                  authority for the commission to act.
                      (5) (a) (i) Members who are not government employees shall receive no compensation or
                  benefits for their services, but may receive per diem and expenses incurred in the performance of the
                  member's official duties at the rates established by the Division of Finance under Sections                   63A-3-106
                  and 63A-3-107 .
                      (ii) Members may decline to receive per diem and expenses for their service.
                      (b) (i) State government officer and employee members who do not receive salary, per diem,
                  or expenses from their agency for their service may receive per diem and expenses incurred in the
                  performance of their official duties at the rates established by the Division of Finance under Sections
                  63A-3-106 and 63A-3-107 .
                      (ii) State government officer and employee members may decline to receive per diem and
                  expenses for their service.
                      (6) The commission shall annually designate one of its members to serve as chair for a
                  one-year period.
                      Section 4. Section 13-33-202 is enacted to read:
                      13-33-202. Commission duties.
                      The commission shall:
                      (1) purchase and use a seal;
                      (2) adopt rules for the administration of this chapter in accordance with Title 63, Chapter
                  46a, Administrative Rulemaking Act;
                      (3) prepare all forms of contracts between sponsors, licensees, promoters, and contestants;
                  and
                      (4) hold hearings relating to matters under its jurisdiction, including violations of this
                  chapter or rules promulgated under this chapter.
                      Section 5. Section 13-33-203 is enacted to read:
                      13-33-203. Director of commission.
                      (1) The commission shall employ a director to conduct the business of the commission, who
                  must not be a member of the commission.

- 7 -


                      (2) The director serves at the pleasure of the commission.
                      Section 6. Section 13-33-204 is enacted to read:
                      13-33-204. Inspectors.
                      (1) The commission may appoint one or more official representatives to be designated as
                  inspectors which shall serve at the pleasure of the commission.
                      (2) Each inspector must receive from the commission a card authorizing that inspector to
                  act as an inspector for the commission.
                      (3) An inspector may not promote or sponsor any contest.
                      (4) Each inspector is entitled to receive a fee approved by the commission for the
                  performance of duties under this chapter.
                      Section 7. Section 13-33-205 is enacted to read:
                      13-33-205. Affiliation with other commissions.
                      The commission shall have the authority to affiliate with any other state or national boxing
                  commission or athletic authority.
                      Section 8. Section 13-33-301 is enacted to read:
                 
Part 3. Licensing

                      13-33-301. Licensing.
                      (1) A license is required for a person to act as or to represent that the person is a:
                      (a) promoter;
                      (b) manager;
                      (c) contestant;
                      (d) second;
                      (e) referee; or
                      (f) judge.
                      (2) The commission shall issue to a person who qualifies under this chapter a license in the
                  classifications of:
                      (a) promoter;
                      (b) manager;

- 8 -


                      (c) contestant;
                      (d) second;
                      (e) referee; or
                      (f) judge.
                      (3) All moneys collected pursuant to this section and Sections 13-33-304 , 13-33-403 , and
                  13-33-504 shall be deposited in the Commerce Service Fund.
                      (4) Each applicant for licensure as a promoter shall:
                      (a) submit an application in a form prescribed by the commission;
                      (b) pay the fee determined by the department under Section 63-38-3.2 ;
                      (c) provide to the commission evidence of financial responsibility which shall include
                  financial statements and other information that the commission may reasonably require to determine
                  that the applicant or licensee is able to competently perform as and meet the obligations of a
                  promoter in this state;
                      (d) produce information, documentation, and assurances as may be required to establish by
                  a preponderance of the evidence the applicant's reputation for good character, honesty, integrity, and
                  responsibility, which shall include information, documentation, and assurances that the applicant:
                      (i) has not and at the time of application is not associating or consorting with a person
                  engaging in illegal activity to the extent that the association or consorting represents a threat to the
                  conduct of contests in the public's interest within the state, or a threat to the health, safety, and
                  welfare of the applicant or a licensed contestant;
                      (ii) has not been convicted of a crime in any jurisdiction which the commission determines
                  by the nature of the crime and circumstances surrounding the crime should disqualify the applicant
                  from licensure in the public interest;
                      (iii) is not associating or consorting with a person who has been convicted of a felony in any
                  jurisdiction to the extent that the association or consorting represents a threat to the conduct of
                  contests in the public's interest within the state, or a threat to the health, safety, and welfare of the
                  applicant or a licensed contestant;
                      (iv) is not associating or consorting with a person engaging in illegal gambling or similar

- 9 -


                  pursuits to the extent that the association or consorting represents a threat to the conduct of contests
                  in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant
                  or a licensed contestant;
                      (v) is not engaging in illegal gambling with respect to sporting events or gambling with
                  respect to the promotions the applicant is promoting;
                      (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged
                  in or attempted to engage in any fraud or misrepresentation in connection with a contest or any other
                  sporting event;
                      (vii) has not been found in an administrative, criminal, or civil proceeding to have violated
                  or attempted to violate any law with respect to a contest in any jurisdiction or any law, rule, or order
                  relating to the regulation of contests in this state or any other jurisdiction;
                      (e) acknowledge in writing to the commission receipt, understanding, and intent to comply
                  with this chapter and the rules made under this chapter; and
                      (f) if requested by the commission or the director, meet with the commission or the director
                  to examine the applicant's qualifications for licensure.
                      (5) Each applicant for licensure as a contestant shall:
                      (a) be not less than 18 years of age at the time the application is submitted to the
                  commission;
                      (b) submit an application in a form prescribed by the commission;
                      (c) pay the fee established by the department under Section 63-38-3.2 ;
                      (d) provide a certificate of physical examination, dated not more than 60 days prior to the
                  date of application for license, in a form provided by the commission, completed by a licensed
                  physician and surgeon certifying that the applicant is free from any physical or mental condition that
                  indicates the applicant should not engage in activity as a contestant;
                      (e) provide the commission with an accurate history of all matches that the applicant has
                  engaged in since becoming a contestant, including information on whether the applicant won or lost
                  each contest, and the matches in which there was a knockout or technical knockout;
                      (f) produce information, documentation, and assurances as may be required to establish by

- 10 -


                  a preponderance of the evidence the applicant's reputation for good character, honesty, integrity, and
                  responsibility, which shall include information, documentation, and assurances that the applicant:
                      (i) has not and at the time of application is not associating or consorting with a person
                  engaging in illegal activity to the extent that the association or consorting represents a threat to the
                  conduct of contests in the public's interest within the state, or a threat to the health, safety, and
                  welfare of the applicant or a licensed contestant;
                      (ii) has not been convicted of a crime in any jurisdiction which the commission determines
                  by the nature of the crime and circumstances surrounding that crime should disqualify the applicant
                  from licensure in the public interest;
                      (iii) is not associating or consorting with any person who has been convicted of a felony in
                  any jurisdiction to the degree that the commission finds that the association or consorting represents
                  a threat to the conduct of contests in the public's interest within the state, or a threat to the health,
                  safety, and welfare of the applicant or a licensed contestant;
                      (iv) is not associating or consorting with a person engaging in illegal gambling or similar
                  pursuits or a person gambling with respect to the promotion for which the applicant is receiving a
                  license to the extent that the association or consorting represents a threat to the conduct of contests
                  in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant
                  or a licensed contestant;
                      (v) is not engaging in illegal gambling with respect to sporting events or gambling with
                  respect to a contest in which the applicant will participate;
                      (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged
                  in or attempted to have engaged in any fraud or misrepresentation in connection with a contest or
                  any other sporting event;
                      (vii) has not been found in an administrative, criminal, or civil proceeding to have violated
                  or attempted to violate any law with respect to contests in any jurisdiction or any law, rule, or order
                  relating to the regulation of contests in this state or any other jurisdiction;
                      (g) acknowledge in writing to the commission receipt, understanding, and intent to comply
                  with this chapter and the rules made under this chapter; and

- 11 -


                      (h) if requested by the commission or the director, meet with the commission or the director
                  to examine the applicant's qualifications for licensure.
                      (6) Each applicant for licensure as a manager or second shall:
                      (a) submit an application in a form prescribed by the commission;
                      (b) pay a fee determined by the department under Section 63-38-3.2 ;
                      (c) produce information, documentation, and assurances as may be required to establish by
                  a preponderance of the evidence the applicant's reputation for good character, honesty, integrity, and
                  responsibility, which shall include information, documentation, and assurances that the applicant:
                      (i) has not and at the time of application is not associating or consorting with a person
                  engaging in illegal activity to the extent that the association or consorting represents a threat to the
                  conduct of contests in the public's interest within the state, or a threat to the health, safety, and
                  welfare of the applicant or a licensed contestant;
                      (ii) has not been convicted of a crime in any jurisdiction which the commission determines
                  by the nature of the crime and circumstances surrounding that crime should disqualify the applicant
                  from licensure in the public interest;
                      (iii) is not associating or consorting with any person who has been convicted of a felony in
                  any jurisdiction to the degree that the commission finds that the association or consorting represents
                  a threat to the conduct of contests in the public's interest within the state, or a threat to the health,
                  safety, and welfare of the applicant or a licensed contestant;
                      (iv) is not associating or consorting with a person engaging in illegal gambling or similar
                  pursuits or a person gambling with respect to the promotion for which the applicant is receiving a
                  license to the extent that the association or consorting represents a threat to the conduct of contests
                  in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant
                  or a licensed contestant;
                      (v) is not engaging in illegal gambling with respect to sporting events or gambling with
                  respect to a contest in which the applicant is participating;
                      (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged
                  in or attempted to have engaged in any fraud or misrepresentation in connection with a contest or

- 12 -


                  any other sporting event;
                      (vii) has not been found in an administrative, criminal, or civil proceeding to have violated
                  or attempted to violate any law with respect to a contest in any jurisdiction or any law, rule, or order
                  relating to the regulation of contests in this state or any other jurisdiction;
                      (d) acknowledge in writing to the commission receipt, understanding, and intent to comply
                  with this chapter and the rules made under this chapter; and
                      (e) if requested by the commission or director, meet with the commission or the director to
                  examine the applicant's qualifications for licensure.
                      (7) Each applicant for licensure as a referee or judge shall:
                      (a) submit an application in a form prescribed by the commission;
                      (b) pay a fee determined by the department under Section 63-38-3.2 ;
                      (c) produce information, documentation, and assurances as may be required to establish by
                  a preponderance of the evidence the applicant's reputation for good character, honesty, integrity, and
                  responsibility, which shall include information, documentation, and assurances that the applicant:
                      (i) has not and at the time of application is not associating or consorting with a person
                  engaging in illegal activity to the extent that the association or consorting represents a threat to the
                  conduct of contests in the public's interest within the state, or a threat to the health, safety, and
                  welfare of the applicant or a licensed contestant;
                      (ii) has not been convicted of a crime in any jurisdiction which the commission determines
                  by the nature of the crime and circumstances surrounding the crime should disqualify the applicant
                  from licensure in the public interest;
                      (iii) is not associating or consorting with any person who has been convicted of a felony in
                  any jurisdiction to the extent that the association or consorting represents a threat to the conduct of
                  contests in the public's interest within the state, or a threat to the health, safety, and welfare of the
                  applicant or a licensed contestant;
                      (iv) is not associating or consorting with a person engaging in illegal gambling or similar
                  pursuits or a person gambling with respect to the promotion for which the applicant is receiving a
                  license to the extent that the association or consorting represents a threat to the conduct of contests

- 13 -


                  in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant
                  or a licensed contestant;
                      (v) is not engaging in illegal gambling with respect to sporting events or gambling with
                  respect to a contest in which the applicant is participating;
                      (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged
                  in or attempted to have engaged in any fraud or misrepresentation in connection with a contest or
                  any other sporting event;
                      (vii) has not been found in an administrative, criminal, or civil proceeding to have violated
                  or attempted to violate any law with respect to contests in any jurisdiction or any law, rule, or order
                  relating to the regulation of contests in this state or any other jurisdiction;
                      (d) acknowledge in writing to the commission receipt, understanding, and intent to comply
                  with this chapter and the rules made under this chapter;
                      (e) provide evidence satisfactory to the commission that the applicant is qualified by training
                  and experience to competently act as a referee or judge in a contest; and
                      (f) if requested by the commission or the director, meet with the commission or the director
                  to examine the applicant's qualifications for licensure.
                      Section 9. Section 13-33-302 is enacted to read:
                      13-33-302. Term of license -- Expiration -- Renewal.
                      (1) (a) The commission shall issue each license under this chapter in accordance with a
                  two-year renewal cycle established by rule.
                      (b) The commission may by rule extend or shorten a renewal period by as much as one year
                  to stagger the renewal cycles it administers.
                      (2) At the time of renewal, the licensee shall show satisfactory evidence of compliance with
                  renewal requirements established by rule by the commission.
                      (3) Each license automatically expires on the expiration date shown on the license unless
                  the licensee renews it in accordance with the rules established by the commission.
                      Section 10. Section 13-33-303 is enacted to read:
                      13-33-303. Grounds for denial of license -- Disciplinary proceedings -- Reinstatement.

- 14 -


                      (1) The commission shall refuse to issue a license to an applicant and shall refuse to renew
                  or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a licensee
                  who does not meet the qualifications for licensure under this chapter.
                      (2) The commission may refuse to issue a license to an applicant and may refuse to renew
                  or may revoke, suspend, restrict, place on probation, issue a public or private reprimand to, or
                  otherwise act upon the license of any licensee in any of the following cases:
                      (a) the applicant or licensee has engaged in unlawful or unprofessional conduct, as defined
                  by statute or rule under this chapter;
                      (b) the applicant or licensee has been determined to be mentally incompetent for any reason
                  by a court of competent jurisdiction; or
                      (c) the applicant or licensee is unable to practice the occupation or profession with
                  reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
                  chemicals, or any other type of material, or as a result of any other mental or physical condition,
                  when the licensee's condition demonstrates a threat or potential threat to the public health, safety,
                  or welfare.
                      (3) Any licensee whose license under this chapter has been suspended, revoked, or restricted
                  may apply for reinstatement of the license at reasonable intervals and upon compliance with any
                  conditions imposed upon the licensee by statute, rule, or terms of the license suspension, revocation,
                  or restriction.
                      (4) The commission may issue cease and desist orders:
                      (a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and
                      (b) to any person who otherwise violates this chapter or any rules adopted under this title.
                      (5) (a) The commission may not take disciplinary action against any person for unlawful or
                  unprofessional conduct under this title, unless the commission initiates an adjudicative proceeding
                  regarding the conduct within four years after the conduct is reported to the commission, except under
                  Subsection (5)(b).
                      (b) The commission may not take disciplinary action against any person for unlawful or
                  unprofessional conduct more than ten years after the occurrence of the conduct, unless the

- 15 -


                  proceeding is in response to a civil or criminal judgment or settlement and the proceeding is initiated
                  within one year following the judgment or settlement.
                      (6) Notwithstanding the provisions of Title 63, Chapter 46b, Administrative Procedures Act,
                  the commission shall have the authority to immediately suspend the license of a contestant at such
                  time and for such period that the commission believes is necessary to protect the health, safety, and
                  welfare of the contestant, other contestants, or the public. The commission shall establish by rule
                  appropriate procedures to invoke the suspension and to provide a suspended contestant a right to a
                  hearing before the commission with respect to the suspension within a reasonable time after the
                  suspension.
                      Section 11. Section 13-33-304 is enacted to read:
                      13-33-304. Additional fees for license of promoter.
                      (1) In addition to the payment of any other fees and money due under this chapter, every
                  promoter shall pay a license fee of:
                      (a) 4% of the total gross receipts from admission fees to each live contest or exhibition,
                  exclusive of any other state or federal tax or tax imposed by any political subdivision of this state;
                  and
                      (b) 4% of the total gross receipts from the sale, lease, or other exploitation of broadcasting,
                  television, and motion picture rights for each contest or exhibition.
                      (2) The fees due under Subsection (1) shall be calculated without any deductions for
                  commissions, brokerage fees, distribution fees, advertising, contestants' purses, or any other                   expenses
                  or charges.
                      (3) The commission shall adopt rules:
                      (a) requiring that the number and face value of all complimentary tickets be reported; and
                      (b) governing the treatment of complimentary tickets for the purposes of computing gross
                  receipts from admission fees under Subsection (1)(a).
                      Section 12. Section 13-33-305 is enacted to read:
                      13-33-305. Transition of licenses.
                      (1) A license that was issued by the Division of Occupational and Professional Licensing

- 16 -


                  under Title 58, Chapter 66, Utah Professional Boxing Regulation Act, prior to July 1, 2001, shall:
                      (a) be considered a valid license under this chapter until the expiration date indicated on the
                  license;
                      (b) be subject to the provisions of this chapter, including provisions relating to disciplinary
                  action against the license; and
                      (c) not be renewed under Title 58, Occupations and Professions.
                      (2) Upon the expiration of a license described in Subsection (1), a person desiring to
                  continue licensure in the profession shall meet the same requirements as those required for new
                  licensure under Section 13-33-301 .
                      Section 12. Section 13-33-401 is enacted to read:
                 
Part 4. Control of Contests

                      13-33-401. Jurisdiction of commission.
                      (1) The commission has and is vested with the sole direction, management, control, and
                  jurisdiction over all contests or exhibitions of unarmed combat to be conducted, held, or given within
                  this state, and no contest or exhibition may be conducted, held, or given within this state except in
                  accordance with the provisions of this chapter.
                      (2) Any contest involving a form of Oriental unarmed self-defense must be conducted
                  pursuant to rules for that form which are approved by the commission before the contest is
                  conducted, held, or given.
                      Section 13. Section 13-33-402 is enacted to read:
                      13-33-402. Ultimate fighting prohibited.
                      (1) Ultimate fighting matches are prohibited.
                      (2) Any person who publicizes, promotes, conducts, or engages in an ultimate fighting match
                  is:
                      (a) guilty of a class A misdemeanor as provided in Section 76-9-705 ; and
                      (b) subject to license revocation under this chapter.
                      Section 14. Section 13-33-403 is enacted to read:
                      13-33-403. Permit to hold contest or promotion -- Bond required.

- 17 -


                      (1) An application to hold a contest or multiple contests as part of a single promotion shall
                  be made by a licensed promoter to the commission on forms provided by the commission.
                      (2) The application shall be accompanied by a contest fee determined by the department
                  under Section 63-38-3.2 .
                      (3) Before a permit to hold a contest or promotion is granted, the applicant shall post a surety
                  bond with the commission in an amount and form determined by the commission, providing for
                  forfeiture and subsequent disbursement of the proceeds from the bond if the applicant fails to comply
                  with the requirements of this chapter or rules made under this chapter relating to the promotion or
                  conduct of the contest or promotion.
                      (4) The commission may approve or deny approval to hold a contest or promotion permitted
                  under this chapter. Approval shall be granted upon a determination by the commission that:
                      (a) the promoter of the contest or promotion is properly licensed;
                      (b) a bond meeting the requirements of Subsection (3) has been posted by the promoter of
                  the contest or promotion; and
                      (c) the contest or promotion will be held in accordance with this chapter and rules made
                  under this chapter.
                      Section 15. Section 13-33-404 is enacted to read:
                      13-33-404. Rules for the conduct of contests.
                      (1) The commission shall adopt rules in accordance with the provisions of Title 63, Chapter
                  46a, Utah Administrative Rulemaking Act, for the conduct of contests in the state.
                      (2) The rules shall include authority for stopping contests, impounding purses with respect
                  to contests when there is a question with respect to the contest, contestants, or any other licensee
                  associated with the contest, and reasonable and necessary provisions to ensure that all obligations
                  of a promoter with respect to any promotion or contest are paid in accordance with agreements made
                  by the promoter.
                      Section 16. Section 13-33-405 is enacted to read:
                      13-33-405. HIV and drug tests.
                      The commission shall adopt rules in accordance with the provisions of Title 63, Chapter 46a,

- 18 -


                  Utah Administrative Rulemaking Act, for HIV and drug testing of contestants which include:
                      (1) provisions under which contestants shall produce evidence based upon competent
                  laboratory examination that they are HIV negative as a condition of participating as a contestant in
                  any contest; and
                      (2) provisions under which contestants shall be subject to random drug testing before or after
                  participation in a contest, and sanctions, including barring participation in a contest or withholding
                  a percentage of any purse, that shall be placed against a contestant testing positive for alcohol or any
                  other drug that in the opinion of the commission is inconsistent with the safe and competent
                  participation of that contestant in a contest.
                      Section 17. Section 13-33-501 is enacted to read:
                 
Part 5. Miscellaneous Provisions

                      13-33-501. Additional fee for funding of amateur boxing.
                      (1) In addition to the payment of any other fees or taxes required by this chapter, a promoter
                  shall pay to the commission a fee of $1 for each ticket sold for admission to a live contest or
                  exhibition which is held in this state.
                      (2) The money collected pursuant to Subsection (1) shall be deposited in the General Fund
                  as dedicated credits to be used by the commission to award grants to organizations which promote
                  amateur boxing in this state.
                      (3) The commission shall adopt rules governing the manner in which:
                      (a) the fees required by Subsection (1) must be paid;
                      (b) applications for grants may be submitted to the commission; and
                      (c) the standards to be used to award grants to organizations which promote amateur boxing
                  in this state.
                      (4) Any funding available for the purposes of this section shall be nonlapsing.
                      Section 18. Section 13-33-502 is enacted to read:
                      13-33-502. Reports to commission.
                      (1) Every promoter shall, within 10 days after the completion of any contest or exhibition
                  for which an admission fee is charged, furnish to the commission a verified written report showing:

- 19 -


                      (a) the number of tickets sold or issued for the contest or exhibition;
                      (b) the amount of the:
                      (i) gross receipts from admission fees without any deductions for commissions, brokerage
                  fees, distribution fees, advertising, contestants' purses, or any other expenses or charges; and
                      (ii) gross receipts derived from the sale, lease, or other exploitation of broadcasting, motion
                  picture, and television rights of such contest or exhibition without any deductions for commissions,
                  brokerage fees, distribution fees, advertising, contestants' purses, or any other expenses or charges;
                  and
                      (c) any other matters prescribed by rule.
                      (2) The promoter shall, at the same time as submitting the report required by Subsection (1),
                  pay to the commission the fees required by Sections 13-33-304 and 13-33-501 .
                      Section 19. Section 13-33-503 is enacted to read:
                      13-33-503. Contracts.
                      Before a contest is held, a copy of the signed contract or agreement between the promoter of
                  the contest and each contestant shall be filed with the commission. Approval of the contract's terms
                  and conditions shall be obtained from the commission as a condition precedent to the contest.
                      Section 20. Section 13-33-504 is enacted to read:
                      13-33-504. Withholding of purse.
                      (1) The commission, the director, or any other agent authorized by the commission may
                  order a promoter to withhold any part of a purse or other money belonging or payable to any
                  contestant, manager, or second if, in the judgment of the commission, director or other agent:
                      (a) the contestant is not competing honestly or to the best of his skill and ability or the
                  contestant otherwise violates any rules adopted by the commission or any of the provisions of this
                  chapter; or
                      (b) the manager or second violates any rules adopted by the commission or any of the
                  provisions of this chapter.
                      (2) This section does not apply to any contestant in a wrestling exhibition who appears not
                  to be competing honestly or to the best of his skill and ability.

- 20 -


                      (3) Upon the withholding of any part of a purse or other money pursuant to this section, the
                  commission shall immediately schedule a hearing on the matter, provide adequate notice to all
                  interested parties, and dispose of the matter as promptly as possible.
                      (4) If it is determined that a contestant, manager, or second is not entitled to any part of his
                  share of the purse or other money, the promoter shall pay the money over to the commission.
                      Section 21. Section 13-33-505 is enacted to read:
                      13-33-505. Penalty for unlawful conduct.
                      A person who engages in unlawful conduct, as defined in Section 13-33-102 , is guilty of a
                  class A misdemeanor.
                      Section 22. Section 13-33-506 is enacted to read:
                      13-33-506. Exemptions.
                      The provisions of this chapter do not apply to:
                      (1) any amateur contests or exhibitions of unarmed combat or any combination thereof
                  conducted by or participated in exclusively by any school, college, or university or by any association
                  or organization of a school, college, or university, when each participant in the contests or
                  exhibitions is a bona fide student in the school, college, or university; or
                      (2) exhibitions of Oriental unarmed self-defense in which no dangerous blow is intended to
                  be struck.
                      Section 23. Repealer.
                      This act repeals:
                      Section 58-66-101, Title.
                      Section 58-66-102, Definitions.
                      Section 58-66-201, Commission.
                      Section 58-66-301, Licensing.
                      Section 58-66-302, Term of license -- Expiration -- Renewal.
                      Section 58-66-303, Exemptions from licensure.
                      Section 58-66-401, Grounds for denial of license -- Disciplinary proceedings.
                      Section 58-66-501, Unlawful conduct.

- 21 -


                      Section 58-66-502, Unprofessional conduct.
                      Section 58-66-503, Ultimate fighting prohibited.
                      Section 58-66-601, Authority.
                      Section 58-66-602, Approval to hold contest.
                      Section 58-66-603, Contracts.
                      Section 58-66-604, Rules.
                      Section 58-66-605, HIV testing -- Testing of body fluids of professional contestants --
                  Sanctions for tests positive for alcohol or drugs.
                      Section 58-66-606, Supervision of contests -- Payment of staff.
                      Section 58-66-607, Disposition of monies withheld from purse of professional contestant.
                      Section 58-66-608, Report of gross receipts -- 5% state event tax on gross receipts.
                      Section 24. Effective date.
                      This act takes effect on July 1, 2001.

- 22 -


[Bill Documents][Bills Directory]