SECTIONS 18840-18869 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 18840-18869

18840. Notwithstanding any other provision of this code, if in the
judgment of the commission the financial responsibility, experience,
character and general fitness of an applicant for a license or
renewal thereof, or any person connected with the applicant, are such
that the participation of the applicant will be consistent with the
public interest, convenience or necessity, and with the best
interests of boxing and martial arts generally, and in conformity
with the purposes of this chapter, and the rules or regulations
adopted pursuant thereto, the commission may grant an unrestricted
license or issue a license subject to terms and conditions.

18841. Notwithstanding any other provision of this code, licenses
issued under this chapter may be revoked, suspended, or placed on
probation under terms and conditions including, but not limited to,
the making of restitution, for any violation or attempted violation
of this chapter, any rule or regulation adopted pursuant thereto, or
for any cause for which a license may be denied.
Such action shall be final, except that the propriety of such
action is subject to review, upon questions of law only, by the
superior court. The action of the commission shall stand unless and
until reversed by the court.

18842. The commission, the executive officer and other employees
duly authorized by the executive officer, shall have the power to
suspend temporarily, any license until final determination by the
commission when, in his or her opinion, the action is necessary to
protect the public welfare or is in the best interest of boxing or
martial arts.
The suspension may be without advance hearing, but the suspended
licensee may apply to the commission for a hearing on the matter to
determine if the suspension should be modified or set aside. The
application for a hearing shall be in writing and shall be received
by the commission within 30 days after the date of suspension. Upon
receipt of such written request, the commission shall set the matter
for hearing within 30 days.

18843. In addition to its authority under other provisions of this
chapter to take action against a licensee, the commission, its
executive officer, or his or her duly authorized representative shall
have the authority to assess fines not to exceed two thousand five
hundred dollars ($2,500) for each violation of any of the provisions
of this chapter or any of the rules and regulations of the
commission.
This fine may be assessed without advance hearing, but the
licensee may apply to the commission for a hearing on the matter if
such fine should be modified or set aside. This application for a
hearing shall be in writing and shall be received by the commission
within 30 days after service of notice of the fine. Upon receipt of
this written request, the commission shall set the matter for hearing
within 30 days.

18844. If a licensee fails to pay any fine assessed under this
chapter within 30 days after receipt of notice by the executive
officer, after time for appeal has passed or after action on an
appeal by the commission, the commission may, without hearing, revoke
or suspend the license held by the licensee and authorize the
Attorney General to bring an action in superior court to collect the
amount due 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.

18845. (a) The commission, its executive officer, or any other
employee duly authorized by the executive officer may issue subpoenas
for the attendance of witnesses, giving of testimony, or the
production of documents before the commission, any member thereof,
the executive officer, or any other duly authorized employee with the
same effect as if they were issued in an action in the superior
court. They may also administer oaths in all matters appertaining to
their duties or connected with the administration of the affairs of
the commission.
(b) No witness shall be obliged to attend at a place out of the
county in which the witness resides unless the distance is less than
150 miles from the witness's residence, except the commission or its
designee may endorse on a subpoena an order requiring the attendance
of such witness upon a showing that the testimony of such witness is
material and necessary.
(c) Disobedience to a supoena may be punished as a contempt by the
superior court.

18846. Notwithstanding any other provision of law, the commission,
its executive officer, or his or her duly authorized representative
may issue subpoenas for the attendance of witnesses or the production
or examination of documents before the commission, any member
thereof, its executive officer, or his or her duly authorized
representative. The subpoenas shall have the same effect as if they
were issued in an action in superior court. The persons may also
administer oaths, in all matters appertaining to their duties, the
enforcement of this chapter, or otherwise connected with the
administration of the affairs of the commission.

18847. The disobedience of a subpoena issued under Section 18846
shall be attended by the same consequences and subject to the same
penalties as if such disobedience occurred in an action in the
superior court.

18848. The license of any promoter or matchmaker found guilty of
managing a boxer or martial arts fighter, either directly or
indirectly, without written approval from the commission shall be
subject to disciplinary action.

18849. No promoter, nor any person having a proprietary interest in
the promoter, shall have, either directly or indirectly, any
proprietary interest in a boxer or martial arts fighter competing on
the premises owned, leased, or rented by the promoter without written
approval from the commission.

18850. (a) Any boxer or martial arts fighter who participates in a
contest or match while under suspension by the commission, or any
other recognized commission, shall have his or her license revoked.
(b) Any licensee who, directly or indirectly, aids or abets a
boxer or martial arts fighter in violation of this section shall be
subject to disciplinary action.

18852. A manager of a boxer or martial arts fighter shall maintain
an accurate annual record showing all of the following with respect
to each contest in which the boxer or martial arts fighter has
participated.
(a) Training expenses.
(b) Amount of money actually paid to the contestant.
(c) Amount of money which the manager received from the purse.
(d) Amount of money owed to the manager by the contestant.
The manager's record shall be supported by documentation, shall be
made available to both the fighter under contract and the commission
upon request, and shall be kept in the manager's possession for a
period of five years from the transaction.

18853. No fighter shall be paid before a contest, except that a
promoter may, with the written approval of the commission, advance to
the fighter before the contest, up to one thousand dollars ($1,000)
plus any necessary transportation and living expenses. However, such
advance, except necessary transportation and living expenses, shall
not exceed 20 percent of the fighter's purse.

18854. No fighter, nor his or her manager, shall be paid for the
services of the fighter except in the presence of an authorized
commission representative. The commission representative shall report
to the executive officer any payment made contrary to the provisions
of the contract on file with the commission.

18855. Any official who fails to enforce the provisions of this act
or the commission's rules and regulations shall be subject to
disciplinary action.

18860. (a) The commission, the executive officer, or authorized
representative shall have power to order a promoter to withhold any
purse, any part thereof, any receipts or other funds owing or payable
to any contestant, or the share thereof of any manager, if, in his
or her judgment, it should appear that such contestant is not
competing honestly, or is intentionally not competing to the best of
his or her ability, or if it should appear that the contestant,
manager, or any seconds have violated any provision of this act, or
the rules and regulations adopted by the commission.
(b) Any purse, or portion thereof, so withheld, shall be delivered
by the promoter to the commission upon demand. Any contestant
claiming the money withheld shall within 10 days after the end of the
contest apply in writing to the commission for a hearing, the
commisison shall fix a date for the hearing, and after the hearing
determines the disposition to be made of the money held by the
commission.
(c) If no application for a hearing is filed within the time
prescribed the commission shall meet and determine the disposition to
be made of the money held by the commission.
(d) This section does not apply to any exhibition where the
participants are not competing to the best of their ability.

18861. The commission, the executive officer, or authorized
representative shall have the power to order a promoter to withhold
10 percent of the total purse payable to a contestant if the manager
of the contestant does not present an itemized statement of expenses
incurred in connection with the contest. The money so withheld shall
be paid to the commission and held in trust for payment to the
contestant or his or her manager, upon presentation by the manager to
the commission of the itemized statement of expenses.

18865. Any licensee who directly or indirectly holds, participates
in, aids or abets any sham or fake contest or match shall be subject
to disciplinary action.
This section does not apply to any exhibition.

18868. (a) The commission shall have the authority to obtain and
review criminal history information to determine whether an applicant
or licensee has been convicted of any offense or has been arrested
for any offense for which disposition is still pending. A conviction,
or a plea of guilty or nolo contendere to an offense, may be cause
to deny an application or take disciplinary action against a licensee
dependent on the relevancy of the offense to the licensed activity.
(b) The commission may require applicants to submit two sets of
fingerprints which shall be furnished to the Department of Justice.
Upon the request of the commission, the Department of Justice shall
submit one set of the fingerprints to the Federal Bureau of
Investigation to obtain a copy of the Federal Bureau of Investigation'
s record and shall retain one set to search the California criminal
history system.

18869. Nothing in this chapter shall prevent any county, city, or
city and county from prohibiting the holding or participating in any
contest, match, or exhibition.