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CALIFORNIA STATUTES AND CODES
SECTIONS 18800-18828
BUSINESS AND PROFESSIONS CODE
SECTION 18800-18828
18800. As of July 1, 2004, all moneys received by the commission under this chapter shall be accounted for and reported by detailed statements furnished by the commission to the Controller at least once a month. At the same time, these moneys, other than those that have been received by the commission pursuant to Section 18882, shall be remitted to the Treasurer and shall be deposited in the Athletic Commission Fund, which is hereby created. 18801. The salaries and expenses of the members and employees, and the operating expenses of the commission shall be paid by the Treasurer on the warrant of the Controller from the funds appropriated therefor upon the certification of the executive officer. 18802. The commission is, with respect to accounting, auditing, budget, financial and personal matters, subject to all laws and requirements now or hereafter imposed by law upon, or applicable to state agencies. 18804. The application and renewal fee for a license to promote or conduct a professional contest or exhibition shall be one thousand dollars ($1,000). 18805. The application and renewal fee for a license to promote or conduct amateur boxing contests shall be two hundred fifty dollars ($250). 18806. The application and renewal fee for a boxing, kickboxing, or martial arts matchmaker's license shall be two hundred dollars ($200). 18807. The application and renewal fee for a boxing, kickboxing, or martial arts assistant matchmaker's license shall be two hundred dollars ($200). 18808. The application and renewal fee for a booking agent's license shall be two hundred dollars ($200). 18809. The application and renewal fee for a professional boxer, kickboxer, or martial arts fighter license shall be sixty dollars ($60). 18810. The application and renewal fee for a boxing, kickboxing, and martial arts manager's license shall be one hundred fifty dollars ($150). 18811. The application and renewal fee for a boxing, kickboxing, and martial arts trainer's license, chief second's and second's license shall be fifty dollars ($50). 18812. The application and renewal fee for a professional boxing, kickboxing, and martial arts referee's or judge's license shall be one hundred fifty dollars ($150). 18813. The application and renewal fee for an amateur boxing, kickboxing, and martial arts referee's and judge's license shall be seventy-five dollars ($75). 18814. The application and renewal fee for a timekeeper's license shall be fifty dollars ($50) unless the commission establishes a lower fee by regulation. 18815. The application and renewal fee for a sparring permit shall be twenty-five dollars ($25). 18817. The application and renewal fee for professional boxers' training gymnasium shall not exceed two hundred dollars ($200). 18819. The fee for a simultaneous telecast permit under Section 18831 shall be fifty dollars ($50) per event. 18822. (a) For licenses issued before January 1, 2007, a license may be renewed at any time prior to midnight on December 31 of the year in which it was issued. If not renewed, the license shall expire at that time. (b) A license issued on or after January 1, 2007, shall expire 12 months after issuance, on the last day of the 12th month. To renew an unexpired license, the licenseholder shall, on or before midnight of the day on which the license would otherwise expire, apply for renewal on a form prescribed by the commission and pay the prescribed renewal fee. If the licenseholder is a boxer or martial arts contestant, the renewal application shall also be accompanied by the required medical examinations and test results. Renewal of an unexpired license shall continue the license in effect for one year from the expiration date of the license, when it shall again expire if it is not renewed. 18824. (a) Except as provided in Sections 18646 and 18832, every person who conducts a contest or wrestling exhibition shall, within five working days after the determination of every contest or wrestling exhibition for which admission is charged and received, furnish to the commission the following: (1) A written report executed under penalty of perjury by one of the officers, showing the amount of the gross receipts, not to exceed two million dollars ($2,000,000), and the gross price for the contest or wrestling exhibition charged directly or indirectly and no matter by whom received, for the sale, lease, or other exploitation of broadcasting and television rights of the contest or wrestling exhibition, and without any deductions, except for expenses incurred for one broadcast announcer, telephone line connection, and transmission mobile equipment facility, which may be deducted from the gross taxable base when those expenses are approved by the commission. (2) A fee of 5 percent, exclusive of any federal taxes paid thereon, of the amount paid for admission to the contest or wrestling exhibition, except that for any one contest, the fee shall not exceed the amount of one hundred thousand dollars ($100,000). The commission shall report to the Joint Committee on Boards, Commissions, and Consumer Protection on the fiscal impact of the one hundred thousand dollar ($100,000) limit on fees collected by the commission for admissions revenues. (A) The amount of the gross receipts upon which the fee provided for in paragraph (2) is calculated shall not include any assessments levied by the commission under Section 18711. (B) (i) If the fee for any one boxing contest exceeds seventy thousand dollars ($70,000), the amount in excess of seventy thousand dollars ($70,000) shall be paid one-half to the commission and one-half to the Boxers' Pension Fund. (ii) If the report required by subdivision (b) of Section 18618 recommends that the Boxers' Pension Fund shall be expanded to include all athletes licensed under this chapter, the commission, by regulation, shall require, for all contests where the fee exceeds seventy thousand dollars ($70,000), the amount in excess of seventy thousand dollars ($70,000) shall be paid one-half to the commission and one-half to the Boxers' Pension Fund only if all athletes licensed under this chapter are made eligible for the Boxers' Pension Fund. (C) The fee shall apply to the amount actually paid for admission and not to the regular established price. (D) No fee is due in the case of a person admitted free of charge. However, if the total number of persons admitted free of charge to a boxing, kickboxing, or martial arts contest, or wrestling exhibition exceeds 33 percent of the total number of spectators, then a fee of one dollar ($1) per complimentary ticket or pass used to gain admission to the contest shall be paid to the commission for each complimentary ticket or pass that exceeds the numerical total of 33 percent of the total number of spectators. (E) The minimum fee for an amateur contest or exhibition shall not be less than five hundred dollars ($500). (3) A fee of up to 5 percent, to be established by the commission through regulations to become operative on or before July 1, 2008, and updated periodically as needed, of the gross price, exclusive of any federal taxes paid thereon, for the sale, lease, or other exploitation of broadcasting or television rights thereof, except that in no case shall the fee be less than one thousand dollars ($1,000) or more than twenty-five thousand dollars ($25,000). (b) As used in this section, "person" includes a promoter, club, individual, corporation, partnership, association, or other organization, and "wrestling exhibition" means a performance of wrestling skills and techniques by two or more individuals, to which admission is charged or which is broadcast or televised, in which the participating individuals 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. 18825. An inspector or other representative of the commission duly authorized by the executive officer shall be admitted to the box office, and is authorized to assist in the counting of tickets and in the computation of the tax due thereon, and to take any other action necessary for the administration and enforcement of this chapter. The inspector or other representative shall immediately mail to the commission the official statement of gross receipts received by him or her from the promoter. 18826. Whenever any promoter fails to make a report of any contest or wrestling exhibition within the period prescribed by this chapter, or whenever such report is unsatisfactory to the commission, the executive officer, or his or her duly authorized representative may examine, or cause to be examined, the books and records of the promoter and any other persons or organizations, and subpoena and examine under oath, such persons for the purpose of determining the total amount of the gross receipts for any contest or wrestling exhibition and the amount of tax due pursuant to this chapter, which tax he or she may fix and determine as a result of such examination. 18827. If a promoter fails to pay any tax ascertained to be due under this chapter, in addition to the costs of the examination under Section 18826, if any, within 30 days after receipt of notice by the executive officer, the commission may without hearing revoke or suspend the promoter's license and authorize the Attorney General to bring an action in superior court to collect the amount due, any fines authorized by this chapter, and attorney's fees. The action shall be speedily determined by the court and shall take precedence over all matters pending therein except criminal cases, applications for injunction or other matters to which special precedence has been given by law. 18828. (a) The commission may enter into a contract to sanction, supervise, or provide other services for contests under this chapter for which the fees under this chapter do not apply only if the contract provides for a payment to the commission for reasonable and necessary services provided under the contract. (b) It is the intent of the Legislature that payment under subdivision (a) shall include the following: (1) Consideration of costs incurred by the commission. (2) A contribution into the Boxers' Pension Fund of not less than 20 percent of the commission's costs under paragraph (1). (3) A contribution into the State Athletic Commission Neurological Examination Account of not less than 20 percent of the commission's costs under paragraph (1). (c) A contestant's participation in a contest subject to this section shall be deemed to be a commission-approved contest for purposes of participation in the Boxers' Pension Plan.
SECTION 18800-18828
18800. As of July 1, 2004, all moneys received by the commission under this chapter shall be accounted for and reported by detailed statements furnished by the commission to the Controller at least once a month. At the same time, these moneys, other than those that have been received by the commission pursuant to Section 18882, shall be remitted to the Treasurer and shall be deposited in the Athletic Commission Fund, which is hereby created. 18801. The salaries and expenses of the members and employees, and the operating expenses of the commission shall be paid by the Treasurer on the warrant of the Controller from the funds appropriated therefor upon the certification of the executive officer. 18802. The commission is, with respect to accounting, auditing, budget, financial and personal matters, subject to all laws and requirements now or hereafter imposed by law upon, or applicable to state agencies. 18804. The application and renewal fee for a license to promote or conduct a professional contest or exhibition shall be one thousand dollars ($1,000). 18805. The application and renewal fee for a license to promote or conduct amateur boxing contests shall be two hundred fifty dollars ($250). 18806. The application and renewal fee for a boxing, kickboxing, or martial arts matchmaker's license shall be two hundred dollars ($200). 18807. The application and renewal fee for a boxing, kickboxing, or martial arts assistant matchmaker's license shall be two hundred dollars ($200). 18808. The application and renewal fee for a booking agent's license shall be two hundred dollars ($200). 18809. The application and renewal fee for a professional boxer, kickboxer, or martial arts fighter license shall be sixty dollars ($60). 18810. The application and renewal fee for a boxing, kickboxing, and martial arts manager's license shall be one hundred fifty dollars ($150). 18811. The application and renewal fee for a boxing, kickboxing, and martial arts trainer's license, chief second's and second's license shall be fifty dollars ($50). 18812. The application and renewal fee for a professional boxing, kickboxing, and martial arts referee's or judge's license shall be one hundred fifty dollars ($150). 18813. The application and renewal fee for an amateur boxing, kickboxing, and martial arts referee's and judge's license shall be seventy-five dollars ($75). 18814. The application and renewal fee for a timekeeper's license shall be fifty dollars ($50) unless the commission establishes a lower fee by regulation. 18815. The application and renewal fee for a sparring permit shall be twenty-five dollars ($25). 18817. The application and renewal fee for professional boxers' training gymnasium shall not exceed two hundred dollars ($200). 18819. The fee for a simultaneous telecast permit under Section 18831 shall be fifty dollars ($50) per event. 18822. (a) For licenses issued before January 1, 2007, a license may be renewed at any time prior to midnight on December 31 of the year in which it was issued. If not renewed, the license shall expire at that time. (b) A license issued on or after January 1, 2007, shall expire 12 months after issuance, on the last day of the 12th month. To renew an unexpired license, the licenseholder shall, on or before midnight of the day on which the license would otherwise expire, apply for renewal on a form prescribed by the commission and pay the prescribed renewal fee. If the licenseholder is a boxer or martial arts contestant, the renewal application shall also be accompanied by the required medical examinations and test results. Renewal of an unexpired license shall continue the license in effect for one year from the expiration date of the license, when it shall again expire if it is not renewed. 18824. (a) Except as provided in Sections 18646 and 18832, every person who conducts a contest or wrestling exhibition shall, within five working days after the determination of every contest or wrestling exhibition for which admission is charged and received, furnish to the commission the following: (1) A written report executed under penalty of perjury by one of the officers, showing the amount of the gross receipts, not to exceed two million dollars ($2,000,000), and the gross price for the contest or wrestling exhibition charged directly or indirectly and no matter by whom received, for the sale, lease, or other exploitation of broadcasting and television rights of the contest or wrestling exhibition, and without any deductions, except for expenses incurred for one broadcast announcer, telephone line connection, and transmission mobile equipment facility, which may be deducted from the gross taxable base when those expenses are approved by the commission. (2) A fee of 5 percent, exclusive of any federal taxes paid thereon, of the amount paid for admission to the contest or wrestling exhibition, except that for any one contest, the fee shall not exceed the amount of one hundred thousand dollars ($100,000). The commission shall report to the Joint Committee on Boards, Commissions, and Consumer Protection on the fiscal impact of the one hundred thousand dollar ($100,000) limit on fees collected by the commission for admissions revenues. (A) The amount of the gross receipts upon which the fee provided for in paragraph (2) is calculated shall not include any assessments levied by the commission under Section 18711. (B) (i) If the fee for any one boxing contest exceeds seventy thousand dollars ($70,000), the amount in excess of seventy thousand dollars ($70,000) shall be paid one-half to the commission and one-half to the Boxers' Pension Fund. (ii) If the report required by subdivision (b) of Section 18618 recommends that the Boxers' Pension Fund shall be expanded to include all athletes licensed under this chapter, the commission, by regulation, shall require, for all contests where the fee exceeds seventy thousand dollars ($70,000), the amount in excess of seventy thousand dollars ($70,000) shall be paid one-half to the commission and one-half to the Boxers' Pension Fund only if all athletes licensed under this chapter are made eligible for the Boxers' Pension Fund. (C) The fee shall apply to the amount actually paid for admission and not to the regular established price. (D) No fee is due in the case of a person admitted free of charge. However, if the total number of persons admitted free of charge to a boxing, kickboxing, or martial arts contest, or wrestling exhibition exceeds 33 percent of the total number of spectators, then a fee of one dollar ($1) per complimentary ticket or pass used to gain admission to the contest shall be paid to the commission for each complimentary ticket or pass that exceeds the numerical total of 33 percent of the total number of spectators. (E) The minimum fee for an amateur contest or exhibition shall not be less than five hundred dollars ($500). (3) A fee of up to 5 percent, to be established by the commission through regulations to become operative on or before July 1, 2008, and updated periodically as needed, of the gross price, exclusive of any federal taxes paid thereon, for the sale, lease, or other exploitation of broadcasting or television rights thereof, except that in no case shall the fee be less than one thousand dollars ($1,000) or more than twenty-five thousand dollars ($25,000). (b) As used in this section, "person" includes a promoter, club, individual, corporation, partnership, association, or other organization, and "wrestling exhibition" means a performance of wrestling skills and techniques by two or more individuals, to which admission is charged or which is broadcast or televised, in which the participating individuals 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. 18825. An inspector or other representative of the commission duly authorized by the executive officer shall be admitted to the box office, and is authorized to assist in the counting of tickets and in the computation of the tax due thereon, and to take any other action necessary for the administration and enforcement of this chapter. The inspector or other representative shall immediately mail to the commission the official statement of gross receipts received by him or her from the promoter. 18826. Whenever any promoter fails to make a report of any contest or wrestling exhibition within the period prescribed by this chapter, or whenever such report is unsatisfactory to the commission, the executive officer, or his or her duly authorized representative may examine, or cause to be examined, the books and records of the promoter and any other persons or organizations, and subpoena and examine under oath, such persons for the purpose of determining the total amount of the gross receipts for any contest or wrestling exhibition and the amount of tax due pursuant to this chapter, which tax he or she may fix and determine as a result of such examination. 18827. If a promoter fails to pay any tax ascertained to be due under this chapter, in addition to the costs of the examination under Section 18826, if any, within 30 days after receipt of notice by the executive officer, the commission may without hearing revoke or suspend the promoter's license and authorize the Attorney General to bring an action in superior court to collect the amount due, any fines authorized by this chapter, and attorney's fees. The action shall be speedily determined by the court and shall take precedence over all matters pending therein except criminal cases, applications for injunction or other matters to which special precedence has been given by law. 18828. (a) The commission may enter into a contract to sanction, supervise, or provide other services for contests under this chapter for which the fees under this chapter do not apply only if the contract provides for a payment to the commission for reasonable and necessary services provided under the contract. (b) It is the intent of the Legislature that payment under subdivision (a) shall include the following: (1) Consideration of costs incurred by the commission. (2) A contribution into the Boxers' Pension Fund of not less than 20 percent of the commission's costs under paragraph (1). (3) A contribution into the State Athletic Commission Neurological Examination Account of not less than 20 percent of the commission's costs under paragraph (1). (c) A contestant's participation in a contest subject to this section shall be deemed to be a commission-approved contest for purposes of participation in the Boxers' Pension Plan.
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