ORS Chapter 463 - Oregon Statutes

Chapter 463 — Boxing,Mixed Martial Arts and Entertainment Wrestling

 

2009 EDITION

 

 

BOXING,MIXED MARTIAL ARTS AND WRESTLING

 

PUBLICHEALTH AND SAFETY

 

GENERALPROVISIONS

 

463.015     Definitions

 

463.018     Legislativefindings

 

463.025     Licensingof participants, managers and other officials; rules; fees

 

463.035     Promoterlicense required; fees; rules; corporate surety bond

 

463.037     Attendanceof commission representatives at boxing matches

 

463.047     Assignmentof medical personnel to event; certification of contestants

 

COMMISSION;REGULATION

 

463.113     OregonState Athletic Commission; rules; duties of commission and superintendent

 

463.125     Members;term; officers; administrator; qualifications; meetings; voting; expenses

 

463.145     Prohibitedfinancial interest or investment

 

463.149     OregonState Athletic Commission Medical Advisory Committee; appointment; duties;nomination of ringside physicians

 

463.155     Authorityof commission to appoint inspectors; duties

 

463.165     Authorityof superintendent to license officials; qualifications; license denial

 

463.175     Objectionto contest by city or county; filing with commission

 

463.185     Authorityof superintendent to enforce chapter; revocation, suspension and denial oflicenses; hearing; civil penalty; rules

 

463.195     Commissionsubject to ORS 291.201 to 291.222, 291.232 to 291.260 and 291.990

 

463.200     Commissionconsidered criminal justice agency

 

463.210     Organizationsexempt from licensing and bonding provisions

 

463.220     Depositof revenues

 

TAXON GROSS RECEIPTS

 

463.310     Definitionsfor ORS 463.113, 463.155, 463.320, 463.330, 463.340 and 463.370

 

463.320     Impositionof tax; amount; report; rules; payment

 

463.322     Personsexempt from tax

 

463.330     Amateurevents; admission fee; tax

 

463.340     Effectof failure to file report

 

463.360     Paymentof salaries and expenses

 

463.370     Distributionof tax revenues

 

FEEON TICKET SALES

 

463.500     Fee;deposit of moneys; grants to amateur boxing organizations; rules

 

PENALTIES

 

463.995     Penalties

 

463.010 [Amended by1965 c.200 §1; repealed by 1987 c.789 §24]

 

GENERALPROVISIONS

 

      463.015Definitions.As used in this chapter:

      (1)“Boxing” means a contest between contestants who fight with their fistsprotected by gloves or mittens fashioned of leather or similar material, theduration of which is limited to a stated number of rounds separated by restperiods of equal duration. “Boxing” includes kickboxing, a form of boxing inwhich blows are delivered with any part of the arm below the shoulder,including the hand, and any part of the leg below the hip, including the foot.

      (2)“Entertainment wrestling” means a noncompetitive performance in which theparticipants deliver blows or apply holds with no intent to punish orimmobilize an opponent. Entertainment wrestling is distinguished from boxing,mixed martial arts or other wrestling by the fact that the outcome of theperformance is predetermined.

      (3)“Event” means a boxing, mixed martial arts or entertainment wrestling match,contest, exhibition or performance.

      (4)“Exhibition” means a demonstration of boxing or mixed martial arts skills, theresults of which are not counted toward the official record of the competitors.

      (5)“Judge” means a person licensed by the Superintendent of State Police who is atringside during a boxing or mixed martial arts event and who has theresponsibility of scoring the performance of the participants in the event.

      (6)“Manager” means a person licensed by the superintendent who does any of thefollowing:

      (a)By contract or agreement undertakes to represent the interests of anyprofessional boxer or mixed martial arts competitor in procuring or arrangingthe conduct of any boxing or mixed martial arts event in which the professionalboxer or mixed martial arts competitor is a participant.

      (b)Receives or is entitled to receive more than 10 percent of the contractedportion of the gross purse of any professional boxer or mixed martial artscompetitor for any services related to the boxer’s or mixed martial artscompetitor’s participation in a boxing or mixed martial arts event.

      (c)Is an officer, director or stockholder of any corporation which receives or isentitled to receive more than 10 percent of the contracted portion of the grosspurse of any professional boxer or mixed martial arts competitor for anyservices relating to the boxer’s or mixed martial arts competitor’sparticipation in a boxing or mixed martial arts event.

      (d)Directs or controls the professional activities of any professional boxer ormixed martial arts competitor.

      (e)Attends the professional boxer or mixed martial arts competitor at ringside orpurports to be the manager of a professional boxer or mixed martial artscompetitor.

      (7)“Matchmaker” means a person licensed by the Superintendent of State Police whois employed by or associated with a promoter in the capacity of booking andarranging boxing or mixed martial arts events between opponents and for whoseactivities in this regard the promoter is legally responsible.

      (8)“Mixed martial arts” means a combative sporting contest, the rules of whichallow two mixed martial arts competitors to attempt to achieve dominance overone another by utilizing a variety of techniques including, but not limited to,striking, grappling and the application of submission holds. “Mixed martialarts” does not include martial arts such as tae kwon do, karate, kempo karate,kenpo karate, judo, sumo, jujitsu, Brazilian jujitsu, submission wrestling andkung fu.

      (9)“Official” means an individual authorized by the Oregon State AthleticCommission to perform duties as assigned by the commission. “Official”includes, but is not limited to, a referee, judge, timekeeper, inspector orringside physician or other assigned medical personnel.

      (10)“Person” includes an individual, association, partnership or corporation.

      (11)“Professional boxer or mixed martial arts competitor” means an individuallicensed by the superintendent who competes for or has competed for a moneyprize, purse or compensation in a boxing event or has competed in aprofessional or amateur mixed martial arts event.

      (12)“Promoter” means a corporation, partnership, association, individual or otherorganization licensed by the superintendent who arranges, gives, holds orconducts a boxing, mixed martial arts or entertainment wrestling event in thisstate and who is legally responsible for the lawful conduct of the boxing,mixed martial arts or entertainment wrestling event. [1987 c.789 §2; 1991 c.211§1; 1993 c.587 §1; 1993 c.742 §120; 1993 c.744 §209; 1997 c.350 §3; 2003 c.142 §1;2007 c.585 §1]

 

      463.018Legislative findings.The Legislative Assembly finds that the boxing, mixed martial arts andentertainment wrestling industries in this state should be regulated in orderto protect the best interests of both contestants and the public. [1987 c.789 §1;1997 c.350 §4; 2007 c.585 §2]

 

      463.020 [Repealed by1965 c.200 §12 (463.021 enacted in lieu of 463.020)]

 

      463.021 [1965 c.200 §13(enacted in lieu of 463.020); 1975 c.409 §2; repealed by 1987 c.789 §24]

 

      463.023 [1997 c.350 §2;repealed by 2007 c.585 §28]

 

      463.025Licensing of participants, managers and other officials; rules; fees. (1) A personmay not act as a professional boxer or mixed martial arts competitor, managerof a professional boxer or mixed martial arts competitor, referee, judge, second,timekeeper or matchmaker until the person has been licensed pursuant to thischapter.

      (2)Application for a license shall be made upon a form furnished by theSuperintendent of State Police and shall be accompanied by an annual licensefee established by the superintendent by rule.

      (3)Each person licensed under this section shall present the license upon requestto promoters and representatives of the superintendent, including members ofthe Oregon State Athletic Commission, as evidence of eligibility to act orperform in the person’s licensed capacities in connection with boxing or mixedmartial arts events.

      (4)A person under 18 years of age may not be issued a license to act as a mixedmartial arts competitor. [1987 c.789 §14; 1991 c.211 §2; 1993 c.742 §121; 1993c.744 §209a; 2007 c.585 §3]

 

      463.030 [Repealed by1965 c.200 §14 (463.031 enacted in lieu of 463.030)]

 

      463.031 [1965 c.200 §15(enacted in lieu of 463.030); repealed by 1987 c.789 §24]

 

      463.035Promoter license required; fees; rules; corporate surety bond. (1) A personmay not act as a promoter of boxing, mixed martial arts or entertainmentwrestling until the person has been licensed pursuant to this chapter.

      (2)Application for a promoter’s license shall be made upon a form furnished by theSuperintendent of State Police and must be accompanied by payment of theapplication fee established by the superintendent by rule.

      (3)Before a license is issued to any promoter of boxing, mixed martial arts orentertainment wrestling, the applicant for licensure must:

      (a)Pay the annual license fee established by the superintendent by rule; and

      (b)File with the superintendent a corporate surety bond issued by a companyauthorized to do business in this state drawn in an amount acceptable to thesuperintendent and the release of which is conditioned upon:

      (A)Timely payment of all taxes and civil penalties due the state or its politicalsubdivisions;

      (B)Payment to the state or a political subdivision thereof which establishesliability against a promoter for damages, penalties or expenses arising frompromotional activity;

      (C)Payment of the purses of the competitors;

      (D)Payment of reimbursement to the superintendent of the cost of approval of anevent canceled by the promoter without good cause; and

      (E)Payment of compensation to inspectors, referees, timekeepers, judges and eventmedical personnel.

      (4)In addition to the requirements specified in subsection (3) of this section,prior to being issued a license to promote entertainment wrestling, anapplicant must provide an affidavit to the superintendent stating that thehealth and safety of the participants is the responsibility of the promoter.

      (5)If the circumstances of an event to be promoted so require, the superintendentmay increase the required amount of the corporate surety bond previously filedwith the superintendent in compliance with this section.

      (6)The superintendent may accept a cash deposit or the assignment of a savingsaccount in lieu of the corporate surety bond required by this section. [1987c.789 §§12,16; 1987 c.788 §8; 1991 c.211 §3; 1993 c.742 §§122,122a; 1993 c.744 §§209b,209c;2003 c.142 §2; 2007 c.585 §4]

 

      463.037Attendance of commission representatives at boxing matches. A boxing matchmay not take place in this state unless the following Oregon State AthleticCommission representatives are in attendance:

      (1)One commissioner or designated representative to oversee conduct of the match;

      (2)Officials assigned by the commission; and

      (3)Medical personnel assigned by the commission. [1987 c.789 §9; 2007 c.585 §5]

 

      463.040 [Amended by1963 c.426 §5; 1965 c.200 §2; repealed by 1987 c.789 §24]

 

      463.045 [1963 c.426 §2;1965 c.200 §3; repealed by 1987 c.789 §24]

 

      463.047Assignment of medical personnel to event; certification of contestants. (1) The OregonState Athletic Commission shall assign medical personnel to each boxing ormixed martial arts event held in this state.

      (2)Prior to the commencement of any boxing or mixed martial arts event held inthis state, the medical personnel assigned to the event shall certify that eachcontestant is medically qualified to participate in the event. In determiningwhether to issue or withhold the required certification, the assigned medicalpersonnel shall consider:

      (a)The results of a prefight medical examination conducted by physicians approvedby the commission; and

      (b)The recent ring record of the contestant seeking certification.

      (3)When certification under this section is withheld from a contestant, the commissionshall immediately notify the promoter or a representative of the promoter andany event involving the medically unqualified contestant shall be canceled. [2007c.585 §11]

 

      463.050 [Amended by1963 c.426 §6; 1965 c.200 §4; repealed by 1987 c.789 §24]

 

      463.055 [1963 c.426 §4;1965 c.200 §5; repealed by 1987 c.789 §24]

 

      463.060 [Amended by1963 c.426 §7; 1965 c.200 §6; 1983 c.740 §180; repealed by 1987 c.789 §24]

 

      463.110 [Amended by1987 c.429 §1; repealed by 1987 c.789 §24]

 

COMMISSION;REGULATION

 

      463.113Oregon State Athletic Commission; rules; duties of commission andsuperintendent.(1) There is created in the Department of State Police the Oregon StateAthletic Commission, which shall regulate the promotion of all professionalboxing, mixed martial arts and entertainment wrestling events in this state.The commission shall adopt rules for conducting professional boxing and mixedmartial arts events that promote the safety and best interest of thecontestants and of the public.

      (2)The Superintendent of State Police shall:

      (a)Adopt and enforce rules for conducting professional boxing and mixed martialarts events that promote the safety and best interest of the contestants and ofthe public.

      (b)License and regulate participants and officials for all professional boxing andprofessional and amateur mixed martial arts events in this state.

      (c)Establish and utilize the most efficient methods available for compiling boxingand mixed martial arts event results and record keeping and for communicationof results and records.

      (d)Make available upon request the records of every participant in and the resultsof every boxing and mixed martial arts event subject to regulation under thischapter.

      (e)The provisions of this subsection do not apply to entertainment wrestling.

      (3)If, in the judgment of the superintendent, it is necessary to protect thepublic interest or the health or safety of boxing, mixed martial arts orentertainment wrestling participants, the superintendent may temporarily suspend,without prior notice or hearing, any license issued pursuant to this chapteruntil a final determination is made by the superintendent. If no hearing isheld prior to the suspension, the suspended licensee may apply to thesuperintendent for a hearing to determine if the suspension should be modified,set aside or continued. The application for a hearing shall be in writing andmust be received by the superintendent within 30 days of the date ofsuspension. The superintendent shall set the matter for hearing within 30 daysof receipt of the written request of the suspended licensee.

      (4)Whenever any promoter fails to make a report of any event within the periodprescribed by this chapter, or whenever a required report is unsatisfactory,the superintendent or a designee of the superintendent may examine, or cause tobe examined, the books and records of the promoter and any other persons ororganizations, and subpoena and examine under oath such persons for the purposeof determining the total amount of the gross receipts for any event and theamount of tax due pursuant to this chapter. The superintendent may fix anddetermine the tax as a result of the examination described in this subsection.

      (5)The superintendent may delegate to the Oregon State Athletic Commission any ofthe powers described in subsection (2) of this section. [1987 c.789 §3; 1991c.211 §4; 1993 c.742 §§123,123a; 1993 c.744 §§210,210a; 2003 c.142 §3; 2003c.653 §1; 2007 c.585 §6]

 

      463.115 [1963 c.426 §3;1965 c.200 §7; repealed by 1987 c.789 §24]

 

      463.120 [Amended by1963 c.426 §8; 1965 c.200 §8; repealed by 1987 c.789 §24]

 

      463.125Members; term; officers; administrator; qualifications; meetings; voting;expenses.(1) The Oregon State Athletic Commission shall consist of five membersappointed by the Superintendent of State Police for terms of four years. Amember may not serve more than two terms. Membership shall represent distinctgeographic areas. The Portland metropolitan area, central Willamette Valley andtwo other areas shall be represented. Vacancies occurring shall be filled byappointment in the same manner for the balance of the unexpired term. A memberof the commission may be removed from office by the superintendent for cause.Each member of the commission, before entering upon the duties of office, shalltake and subscribe to an oath to perform the duties of this office faithfully,impartially and justly to the best of the member’s ability.

      (2)The chairperson and vice chairperson shall be elected from among the members atthe first meeting of each calendar year or when a vacancy exists.

      (3)An administrator shall be appointed by the superintendent using the StatePersonnel Relations Law to establish suitable qualifications and compensation.The administrator shall be required to demonstrate adequate knowledge andexperience related to boxing and mixed martial arts.

      (4)The superintendent may employ other personnel as necessary.

      (5)The commission may meet once a month at a time and place agreed upon. Specialadditional meetings may be called by the administrator or at the request of oneor more members of the commission.

      (6)Three members of the commission shall constitute a quorum.

      (7)Three votes shall constitute a majority.

      (8)Members of the commission and representatives of the commission shall be paidper diem and travel expenses as designated under ORS 292.495 when conductingthe business of the commission. [1987 c.789 §4; 1993 c.742 §124; 1993 c.744 §211;2007 c.585 §7]

 

      463.130 [Amended by1955 c.426 §1; 1965 c.200 §9; 1975 c.409 §1; repealed by 1987 c.789 §24]

 

      463.135 [1987 c.789 §5;1991 c.211 §5; repealed by 2007 c.585 §28]

 

      463.140 [Amended by1