05 SB 224/HCSFA
HOUSE
SUBSTITUTE TO SENATE BILL 224:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating
to the Georgia Athletic and Entertainment Commission, so as to revise and
clarify definitions relative to the commission; to change a provision relating
to the applicability of the chapter; to change a provision relating to the term
of appointment for members of the commission; to provide that restrictions on
members and employees of the commission apply to martial arts and wrestling in
addition to boxing; to provide for the offense of promotion of unarmed combat;
to provide for penalties; to revise provisions relating to taxation of
promoterś
gross receipts; to change a provision relating to service charges for tickets
sold by an authorized ticket agent; to provide for the
commissiońs
authority relative to licensure of organizations that govern and authorize
matches, contests, and exhibitions of martial arts and wrestling, licensure of
promoters of martial arts matches, contests, and exhibitions, and permitting of
such matches, contests, and exhibitions; to provide for fees and exceptions; to
provide for requirements for such matches, contests, and exhibitions; to
prohibit licensure in certain circumstances; to provide for exceptions; to
prohibit certain practices and employment of any person or entity convicted of a
felony or crime of moral turpitude; to prohibit employment of such a person or
entity by certain organizations; to provide for penalties; to provide for fines
and for suspension, revocation, and denial of licenses and permits; to provide
for exemptions; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4B of Title 43 of the Official Code of Georgia Annotated, relating to the
Georgia Athletic and Entertainment Commission, is amended by striking Code
Section 43-4B-1, relating to definitions relative to the commission, and
inserting in lieu thereof the following:
"43-4B-1.
As
used in this chapter, the term:
(1)
'Amateur,'
when applied
to a person engaged in boxing, wrestling, or a martial
art, means a person who
receives no
compensation and engages in a match,
contest, or exhibition of
boxing,
wrestling, or a martial art that
which
is governed or authorized by:
(A)
U.S.A. Boxing;
(B)
The Georgia High School Athletic Association;
(C)
The National Collegiate Athletic Association;
(D)
Amateur Athletic Union;
(E)
Golden Gloves;
or
(F)
Team Georgia
Amateur Wrestling;
(G)
USA Wrestling;
(H)
National High School Coaches Association;
(I)
North American Sport Karate Association;
(J)
International Sport Kick Boxing/Karate Association;
(K)
World Kick Boxing Association;
(L)
United States Kick Boxing Association;
(M)
International Sport Combat Federation;
(N)
Professional Karate Commission;
(O)
International Kick Boxing Federation; or
(P)
The local affiliate of any organization listed in this paragraph.
(2)
'Boxing match' means a contest between two individuals in which contestants
score points in rounds of two or three minutes by striking with padded fists the
head and upper torso of the opponent or by knocking the opponent down and
rendering the opponent unconscious or incapable of continuing the contest by
such blows, which contest is held in a square ring supervised by a referee and
scored by three judges.
(3)
'Boxing registry' means a registry created or designated pursuant to subsection
(j) of Code Section 43-4B-4.
(3.1)
'Charitable organization' means an entity described by:
(A)
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));
or
(B)
Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section
170(c)).
(4)
'Commission' means the Georgia Athletic and Entertainment
Commission.
(5)
'Exhibition' means a contest where the participants engage in the use of
boxing,
wrestling, or martial arts skills and
techniques and where the objective is to display such skills and techniques
without striving to win.
(6)
'Face value' means the dollar value of a ticket or order, which value shall
reflect the dollar amount that the customer is required to pay or, for
complimentary tickets, would have been required to pay to purchase a ticket with
equivalent seating priority in order to view the match, contest, exhibition, or
entertainment event. A complimentary ticket shall not have a face value of
$0.00. A complimentary ticket shall not have a face value of less than that of
the least expensive ticket available for sale to the general public. Face value
shall include any charges or fees, such as dinner, gratuity, parking,
surcharges, or any other charges or fees which are charged to and must be paid
by the customer in order to view the match, contest, exhibition, or
entertainment event. It shall exclude any portion paid by the customer for
federal, state, or local taxes.
(7)
'Gross proceeds' means the total revenue received solely from the sale of
tickets used or intended to be used by the audience physically attending any
event required to be licensed under this chapter.
(8)
'Gross receipts' means:
(A)
The gross price charged for the sale or lease of broadcasting, television,
pay per
view, closed circuit, or motion picture
rights without any deductions for commissions, brokerage fees, distribution
fees, production fees, advertising, or other expenses or charges;
and
(B)
The face value of all tickets sold and complimentary tickets
redeemed.
issued,
provided, or given; and
(C)
The face value of any seats issued, provided, or given in exchange for
advertising, sponsorships, or anything of value to the promotion of an
event.
(9)
'Local tax' means any occupation tax or other tax owed to a county or
municipality in order to hold a
professional
match, contest, or exhibition
of
boxing or to carry on a business as a
ticket broker within such county or municipality.
(9.1)
'Kickboxing' means unarmed combat involving the use of striking techniques
delivered with the upper and lower body and in which the competitors remain
standing while striking.
(10) 'Manager' means a person who under contract, agreement, or other
arrangement with a boxer, undertakes to control or administer, directly or
indirectly, a matter related to boxing on behalf of a boxer. Such term includes,
but is not limited to, a person who functions as a booking agent, adviser, or
consultant.
(10.1)
'Martial art' means any form of unarmed combative sport or unarmed combative
entertainment that allows contact striking, except boxing or
wrestling.
(10.2)
'Mixed martial arts' means unarmed combat involving the use of a combination of
techniques from different disciplines of the martial arts, including but not
limited to grappling, submission holds, and strikes with the upper and lower
body.
(11)
'Matchmaker' means a person who is employed by or associated with a promoter in
the capacity of booking and arranging professional matches, contests, or
exhibitions
of
boxing between opponents or who proposes
professional matches, contests, or exhibitions
of
boxing and selects and arranges for the
participants in such events and for whose activities in this regard the promoter
is legally responsible.
(11.1)
'Original purchaser for personal use' means a person who buys one or more
tickets with the intention of using the ticket or tickets solely for the use of
the purchaser or the
purchaseŕs
invitees, employees, and agents. An original purchaser who resells more than six
tickets to the same athletic contest or entertainment event and who resells
tickets to an athletic contest or entertainment event for more than 105 percent
of their face value shall be rebuttably presumed to be engaging in the business
of a ticket broker in any criminal prosecution or civil action, order, or
penalty by the commission.
(11.2)
'Patron
boxing,' 'patron wrestling,' or 'patron martial arts' means boxing, wrestling,
or martial arts that is not:
(A)
Governed or authorized by any organization listed in paragraph (1) of this Code
section;
(B)
Governed or authorized by an organization licensed by the commission in
accordance with this chapter;
(C)
Governed or authorized by an organization exempted from licensure by the
commission in accordance with this chapter; and
(D)
Licensed by the commission in accordance with Article 2 of this
chapter.
(11.2)(11.3)
'Pay per view' means a telecast for which a fee is required in addition to any
other fee paid by the viewer for any other services of the
telecaster.
(12)
'Person' means any individual, partnership, firm, association, corporation, or
combination of individuals of whatever form or character.
(13)
'Physician' means a doctor of medicine or other medical professional legally
authorized by any state to practice medicine.
(14)
'Professional' means a person who is participating or has participated in a
match, contest, or exhibition
of
boxing which is not governed or authorized
by one or more of the organizations listed in paragraph (1) of this Code section
and:
(A)
Has received or competed for or is receiving or competing for any cash as a
salary, purse, or prize for participating in any match, contest, or exhibition
of
boxing;
(B)
Is participating or has participated in any match, contest, or exhibition
of
boxing to which admission is granted upon
payment of any ticket for admission or other evidence of the right of
entry;
(C)
Is participating or has participated in any match, contest, or exhibition
of
boxing which is or was filmed, broadcast,
or transmitted for viewing; or
(D)
Is participating or has participated in any match, contest, or exhibition
of
boxing which provides a commercial
advantage by attracting persons to a particular place or promoting a commercial
product or enterprise.
(15)
'Professional match, contest, or exhibition
of
boxing' means a
boxing
match, contest, or exhibition which is not governed or authorized by one or more
of the organizations listed in paragraph (1) of this Code section
and:
(A)
Rewards a
boxer
participating
participant
with cash as a salary, purse, or prize for such participation;
(B)
Requires for admission payment of a ticket for admission or other evidence of
the right of entry;
(C)
Is filmed, broadcast, or transmitted for viewing; or
(D)
Provides a commercial advantage by attracting persons to a particular place or
promoting a commercial product or enterprise.
(16)
'Promoter' means the person primarily responsible for organizing, promoting, and
producing a professional match, contest, or exhibition
of
boxing and who is legally responsible for
the lawful conduct of such professional match, contest, or exhibition
of
boxing.
(16.1)
'Promotion of unarmed combat' means the organization, promotion, production,
publicizing, or arranging of, or provision of a venue for, a competition of
unarmed combat by a person who receives some compensation or commercial benefit
from such competition.
(17)
'Purse' or 'ring earnings' means the financial guarantee or any other
remuneration, or part thereof, for which professional boxers
or
wrestlers are participating in a match,
contest, or exhibition and includes the
boxeŕs
or
wrestleŕs
share of any payment received for radio broadcasting, television, or motion
picture rights.
(17.1)
'Shidokan' means unarmed combat involving three separate, segregated rounds of
which karate rules and techniques are exclusively used in one round, kickboxing
rules and techniques are exclusively used in one round, and grappling rules and
techniques are exclusively used in one
round.
(18)
'State' means any of the 50 states, Puerto Rico, the District of Columbia, and
any territory or possession of the United States.
(19)
'Ticket broker' means:
(A)
Any person who is involved in the business of reselling tickets of admission to
athletic contests, concerts, theater performances, amusements, exhibitions, or
other entertainment events held in this state to which the general public is
admitted and who charges a premium in excess of the price of the ticket;
or
(B)
Any person who has a permanent office or place of business in this state who is
involved in the business of reselling tickets of admission to athletic contests,
concerts, theater performances, amusements, exhibitions, or other entertainment
events held inside or outside this state to which the general public is admitted
and who charges a premium in excess of the price of the ticket.
The
term ticket broker shall not include the owner, operator, lessee, or tenant of
the property in which an athletic contest or entertainment event is being held
or the sponsor of such a contest or event or the authorized ticket agent of such
persons.
(20)(A)
'Unarmed combat' means any form of competition between human beings or one or
more human beings and one or more animals in which:
(i)
One or more blows are struck which may reasonably be expected to inflict injury
on a human being; and
(ii)
There is some compensation or commercial benefit arising from such competition,
whether in the form of cash or noncash payment to the competitors or the person
arranging the competition; the sale of the right to film, broadcast, transmit,
or view the competition; or the use of the competition to attract persons to a
particular location for some commercial advantage or to promote a commercial
product or commercial enterprise.
Such
term also means any amateur kickboxing match in which the competitors are not
wearing protective gear.
(B)
Unarmed combat shall include but shall not be limited to: tough man fights, bad
man fights, nude boxing,
and
nude
wrestling,
patron boxing, patron martial arts, and patron
wrestling.
(C)
Unarmed combat shall not include:
(i)
Professional boxing
licensed in
accordance with this chapter;
(ii)
Professional wrestling
governed or
authorized by an organization licensed or exempted from licensure in accordance
with this chapter;
(iii)
Amateur boxing
governed or
authorized by an organization listed in paragraph (1) of this Code
section;
(iv)
Amateur wrestling
governed or
authorized by an organization listed in paragraph (1) of this Code
section;
(v)
Any competition displaying the skills of a single form of an Oriental system of
unarmed
self-defense
combative
sports or unarmed combative entertainment,
including, but not limited to, kick boxing, karate, or full-contact karate,
which
that
is held pursuant to the rules of that form and governed or authorized by
a
nationally recognized organization
an
organization licensed by the commission in accordance with Article 4 of this
chapter;
(vi)
Shidokan when the competition is governed
by the
United States Shidokan of the World Karate
Association
or authorized
by an organization licensed by the commission in accordance with Article 4 of
this chapter; or
(vii)
Mixed martial arts fighting when the competition is
sanctioned,
approved, or endorsed by the International Sport Combat Federation
(ISCF).
governed or
authorized by an organization licensed by the commission in accordance with
Article 4 of this chapter; or
(viii)
Other martial arts competitions, when governed or authorized by an organization
licensed by the commission in accordance with Article 4 of this
chapter.
(21)
'Wrestling'
means:
(A)
A staged
a
staged performance of fighting and
gymnastic skills and techniques by two or more human beings who are not required
to use their best efforts in order to win and for which the winner may have been
selected before the performance
commences;
or
(B)
A performance of fighting and gymnastic skills and techniques by two or more
human
beings."
SECTION
2.
Said
chapter is further amended by striking Code Section 43-4B-2, relating to the
application of the chapter, and inserting in lieu thereof the
following:
"43-4B-2.
(a)
The provisions of this chapter shall not
be construed to apply to any match, contest, or exhibition
of
boxing:
(1)
In which the contestants are all amateurs; and
(2)
Which is governed or authorized by:
(A)
U.S.A. Boxing;
(B)
The Georgia High School Athletic Association;
(C)
The National Collegiate Athletic Association;
(D)
Amateur Athletic Union;
(E)
Golden Gloves;
or
(F)
Team Georgia
Amateur Wrestling;
(G)
USA Wrestling;
(H)
National High School Coaches Association;
(I)
North American Sport Karate Association;
(J)
International Sport Kick Boxing/Karate Association;
(K)
World Kick Boxing Association;
(L)
United States Kick Boxing Association;
(M)
International Sport Combat Federation;
(N)
Professional Karate Commission;
(O)
International Kick Boxing Federation; or
(P)
The local affiliate of any organization listed in this paragraph.
(b)
The provisions of this chapter shall not apply to any matches, contests, or
exhibitions of professional wrestling or to a promoter or organization that
promotes, organizes, or governs such matches, contests, or exhibitions where
such promoter or organization is a corporation that, at the time of such
matches, contests, or exhibitions:
(1)
Is registered under the federal Securities Exchange Act of 1934;
and
(2)
Has total assets of not less than
$25,000,000.00.
SECTION
3.
Said
chapter is further amended in Code Section 43-4B-3, relating to the membership
of the Georgia Athletic and Entertainment Commission, the
commissiońs
medical advisory panel, and reimbursement of members, by striking subsection (b)
and inserting in lieu thereof the following:
"(b)
The commission shall be composed of five members appointed by the Governor.
All
appointments shall be for terms of four
years.
Each member of
the commission shall be appointed for a term of four years and until his or her
successor is appointed. Vacancies shall be
filled for the unexpired terms under the same procedures and requirements as
appointments for full
terms."
SECTION
4.
Said
chapter is further amended by striking Code Section 43-4B-8, relating to
prohibited activities for commission members, and inserting in lieu thereof the
following:
"43-4B-8.
No
member or employee of the commission and no person who administers or enforces
the provisions of this chapter or rules promulgated in accordance with this
chapter may belong to, contract with, or receive any compensation from any
person or organization who authorizes, arranges, or promotes professional
matches, contests, or exhibitions of
boxing,
martial arts, or wrestling or who
otherwise has a financial interest in any activity or licensee regulated by this
commission. The term 'compensation' does not include funds held in escrow for
payment to another person in connection with a professional match, contest, or
exhibition of
boxing,
martial arts, or
wrestling."
SECTION
5.
Said
chapter is further amended by striking Code Section 43-4B-20, relating to
required reports from promoters, and inserting in lieu thereof the
following:
"43-4B-20.
(a)
A promoter holding a
match,
contest, or exhibition of boxing shall,
within 72
hours
three business
days after the match, file with the
commission a written report which includes the number of tickets sold, the
amount of gross receipts,
the amount of
gross proceeds, and any other facts the
commission may require.
For the
purposes of this chapter, total gross receipts include:
(1)
The gross price charged for the sale or lease of pay per view telecasting and
motion picture rights without any deductions for commissions, brokerage fees,
distribution fees, advertising, or other expenses or charges;
(2)
The face value of all tickets sold and complimentary tickets issued, provided,
or given; and
(3)
The face value of any seat or seating issued, provided, or given in exchange for
advertising, sponsorships, or anything of value to the promotion of an
event.
Within ten
days following the match, contest, or exhibition of boxing, the promoter shall
remit to the commission a tax payment in the amount of 5 percent of the gross
proceeds exclusive of any federal taxes.
(b)
Where the
rights to telecast by pay per view a match or matches held in this state under
the supervision of the commission are in whole owned by, sold to, acquired by,
or held by any person who intends to or subsequently sells or, in some other
manner, extends such rights in part to another, such person is deemed to be a
promoter and must be licensed as such in this state. Such person
shall,
A promoter who
sells, transfers, or extends to another the rights to telecast by pay per view
for viewing in this state, whether the telecast originates inside or outside
this state, a match, contest, or exhibition of boxing that would be subject to
regulation by the commission in accordance with this chapter if the match,
contest, or exhibition were held in this state,
shall, within
72
hours
three business
days after the sale, transfer, or
extension of such rights in whole or in part, file with the commission a written
report that includes the gross price charged for the rights to telecast by pay
per view, the number of tickets sold, the amount of gross receipts, and any
other facts the commission may require.
(c)
Any written report required to be filed with the commission under this Code
section shall be postmarked within
72
hours
three business
days after the conclusion of the match
or telecast,
if the telecast is later than the match,
and an additional five days shall be allowed for mailing.
(d)
The written
report shall be accompanied by
Each promoter
subject to subsection (b) of this Code Section shall remit to the commission
within ten days following a match, contest, or
exhibition a tax payment in the amount of
5 percent of
the
total gross
receipts, as
defined in subparagraph (A) of paragraph (8) of Code Section
43-4B-1, exclusive of any federal taxes,
except that the tax payment derived from the gross price charged for the sale or
lease of pay per view telecasting and motion picture rights shall not exceed
$40,000.00 for any single event.
(e)(1)
Any promoter who willfully makes a false and fraudulent report under this Code
section is guilty of perjury and, upon conviction, is subject to punishment as
provided by law. Such penalty shall be in addition to any other penalties
imposed by this chapter.
(2)
Any promoter who willfully fails, neglects, or refuses to make a report or to
pay the taxes as prescribed or who refuses to allow the commission to examine
the books, papers, and records of any promotion is guilty of a
misdemeanor.
(f)
The commission shall remit all tax payments to the general treasury of the
state."
SECTION
6.
Said
chapter is further amended in Code Section 43-4B-21, relating to penalties for
violations relative to boxing and fighting, by inserting a new subsection to be
designated subsection (d) to read as follows:
"(d)
Promotion of unarmed combat, as defined in Code Section 43-4B-1, is a
misdemeanor for the first offense; a high and aggravated misdemeanor for the
second offense; and a felony for the third and subsequent offenses, punishable
upon conviction by a fine not to exceed $10,000.00 or imprisonment not to exceed
two years, or both such fine and
imprisonment."
SECTION
7.
Said
chapter is further amended by striking Code Section 43-4B-26, relating to
requirements for ticket brokers, and inserting in its place the
following:
"43-4B-26.
In
order to engage in the practice or business of a ticket broker a person shall be
required to:
(1)
Maintain a permanent office or place of business in this state, excluding a post
office box, for the purpose of engaging in the business of a ticket
broker;
(1)(2)
Apply to the commission for a ticket
brokeŕs
license on a form designated by the commission, pay an annual license fee of
$500.00, and renew the license annually;
(2)(3)
Pay any local tax required by a local government; and
(3)(4)
Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of
Title 48."
SECTION
8.
Said
chapter is further amended by striking Code Section 43-4B-28, relating to ticket
sales, disclosure requirements, resale restrictions, and refunds, and inserting
in its place the following:
"43-4B-28.
(a)
The ticket broker shall be required to:
(1)
Disclose
Post at its
established place of business the terms of
the
purchaseŕs
right to cancel the purchase of a ticket from a ticket broker;
(2)
Disclose to the purchaser the refund policy of the ticket broker should an
athletic contest or entertainment event be canceled;
and
(3)
Disclose to the purchaser in writing the difference between the face value of
the ticket and the amount which the ticket broker is charging for such
ticket;
and
(4)
Sell tickets only at its permanent office, place of business, or through the
Internet; provided, however, that delivery of one or more tickets after the
transaction is completed to a place other than the ticket
brokeŕs
office or place of business shall not violate this
paragraph.
(b)(1)
A ticket broker shall be prohibited from employing any agent or employee for the
purpose of making future purchases of tickets from the owner, operator, lessee,
or tenant of the property on which an athletic contest or entertainment event is
to be held.
(2)
Each ticket broker, including any affiliated group of ticket brokers, shall be
prohibited from acquiring and reselling in excess of 1 percent of the total
tickets allocated for any contest or event.
(3)
Unless otherwise provided in a written agreement between a ticket broker and the
purchaser, a ticket broker shall be required to refund any payment received for
the purchase of a ticket under this article if the purchaser returns the ticket
and requests a cancellation of the sale thereof within 36 hours from the time of
purchase of the ticket and if such return is made more than 72 hours preceding
the athletic contest or entertainment event.
(4)
A ticket broker shall be required to refund any payment received for the
purchase of a ticket under this article if the athletic contest or entertainment
event is canceled and not rescheduled.
(5)
If a ticket broker guarantees in writing delivery of a ticket or tickets to an
athletic contest or entertainment event as provided under this article to a
purchaser and fails to complete such delivery, the ticket broker shall be
required to provide within 15 days a full refund of any amount paid by the
purchaser and, in addition, shall pay the purchaser a refund fee of three times
the amount paid by the purchaser for each such ticket.
(c)(1)
For all venues which seat or admit less than 15,000 persons,
a
A
ticket broker and its employees, agents, and assigns are criminally prohibited
from reselling or offering for resale any ticket within 1,500 feet from the
venue where an event or contest is to be held or is being held.
(2)
For all venues which seat or admit 15,000 or more persons, a ticket broker and
its employees, agents, and assigns are criminally prohibited from reselling or
offering for resale any ticket within 2,700 feet from the venue where an event
or contest is to be held or is being held.
(d)
Any ticket broker offering to resell tickets to an athletic contest or
entertainment event through any printed, broadcast, or Internet advertising
shall include in such advertising the license number of such ticket broker
offering such tickets for
resale."
SECTION
9.
Said
chapter is further amended by striking subsection (a) of Code Section 43-4B-29,
relating to resale of tickets by an original purchaser for personal use, and
inserting in lieu thereof the following:
"(a)
No provision of this article or any other provision of law shall criminally
prohibit any person who is the original purchaser for personal use of one or
more tickets to an athletic contest or entertainment event covered under this
article from reselling or offering for resale any of such tickets for any price,
provided that such person does not sell or offer to sell such tickets within
1,500 feet
of a ticket office
2,700 feet of
a venue which seats or admits 15,000 or more
persons for such a contest or event or a
public entrance to such a contest or event.
No
provision of this article or any other provision of law shall criminally
prohibit the purchaser for personal use of one or more tickets to an athletic
contest or entertainment event from reselling or offering for resale any of such
tickets in any zone or zones within the restricted areas, as provided in this
subsection or subsection (b) of Code Section 43-4B-30, where such activity is
authorized by the sponsor of the contest or event and the owner or operator of
the venue where such contest or event is being held or to be
held."
SECTION
10.
Said
chapter is further amended by inserting a new Code section to be designated Code
Section 43-4B-29.1 to read as follows:
"43-4B.29.1.
(a)
Notwithstanding subsection (c) of Code Section 43-4B-28, and subsection (b) of
Code Section 43-4B-30, no provision of this article or any other provision of
law shall provide a criminal penalty for or prohibit the resale or offering for
resale of a ticket or tickets to an athletic contest or entertainment event
covered under this article by a ticket broker or a ticket
brokeŕs
employees, agents, and assigns in a zone or zones within the area where such
resale or offering for resale is prohibited by such subsections, if such
activity is authorized by the organizer of the contest or event and the owner or
operator of the venue where such contest or event is being held or to be
held.
(b)
Notwithstanding subsection (a) of Code Section 43-4B-29 and subsection (b) of
Code Section 43-4B-30, no provision of this article or any other provision of
law shall provide a criminal penalty for or prohibit the resale or offering for
resale of a ticket or tickets purchased by any person who is the original
purchaser for personal use of such ticket or tickets to an athletic contest or
entertainment event covered under this article in a zone or zones within the
area where such resale or offering for resale is prohibited by such subsections,
if such activity is authorized by the organizer of the contest or event and the
owner or operator of the venue where such contest or event is being held or to
be
held."
SECTION
11.
Said
chapter is further amended by striking Code Section 43-4B-30, relating to county
and municipal ordinances, and inserting in its place the following:
"43-4B-30.
(a)
With regard to any single athletic contest or entertainment event which occurs
no more often than once annually and with regard to any series of athletic
contests which occur no more often than once annually and which occur within a
time period not exceeding ten days, the municipal corporation in which such
contest, event, or series of contests is to be held, or if the contest, event,
or series of contests is to be held in an unincorporated area, the county of
such unincorporated area, is authorized to enact by ordinance regulations
governing ticket brokers for such contest, event, or series of contests which
are more restrictive than the provisions of this article.
(b)
The municipal corporation in which an athletic contest or entertainment event is
to be held, or if the contest or entertainment event is to be held in an
unincorporated area, the county of such unincorporated area, is authorized to
enact an ordinance prohibiting the resale or offering for resale of one or more
tickets by a ticket broker or by a person who is the original purchaser for
personal use of one or more tickets within 2,700 feet of a venue which seats or
admits 15,000 or more persons.
(c)(1)
Municipal corporations and counties in this state are authorized to enact an
ordinance requiring an individual reselling tickets or offering tickets for
resale in such municipal corporations or in the unincorporated area of such
counties to obtain a permit from the municipal corporation or county for such
activity if the individual:
(A)
Engages in reselling tickets or offering tickets for resale in or on the
streets, sidewalks, or other places owned or operated by such municipal
corporation or county and open to the public regardless of whether such
individual maintains a permanent office or place of business for reselling
tickets or offering tickets for resale in this state; or
(B)
Does not maintain a permanent office or place of business in this
state.
(2)
A municipality or county may charge a fee for such permit not to exceed
$150.00.
(3)
In order to obtain a permit, individuals first must provide proof of licensing
under Code Section 43-4B-26 to the municipality or county issuing such
permits.
(4)
The provisions of this Code section shall not apply to an original purchaser for
personal use.
(5)
The provisions of this Code section shall not apply to the delivery of one or
more tickets after a sales transaction is completed at a ticket
brokeŕs
permanent office or place of business in this
state."
SECTION
12.
Said
chapter is further amended by inserting a new article to be designated Article
4, to read as follows:
"ARTICLE
4
43-4B-50.
(a)
The commission shall have the sole authority to license organizations that
govern and authorize matches, contests, and exhibitions of martial arts and
wrestling and to exempt organizations from licensure in accordance with this
article. The commission shall have the sole authority to permit and regulate
matches, contests, and exhibitions of martial arts and wrestling. The commission
shall have the sole authority to license promoters of matches, contests, and
exhibitions of martial arts. The commission shall have the duty to safeguard the
public health, to protect competitors, and to provide for competitive matches by
requiring licensed organizations to abide by rules promulgated by the commission
for basic minimum medical and safety requirements based on the nature of the
activity and the anticipated level of physical conditioning and training of
competitors. The commission shall have the authority to inquire as to a
licensed
organizatiońs
plans or arrangements for compliance with such rules. The commission shall have
the authority to require annual fees for licensure and a fee for each such
match, contest, or exhibition or for each show and to penalize licensed
organizations, licensed promoters, and the holders of match permits that violate
the provisions of this article or rules of the commission promulgated in
accordance with this article.
(b)
If requested by a licensed organization, the commission shall have the authority
to provide direct oversight services, including but not limited to on-site
inspectors, to a licensed organization for a fee negotiated between the
commission and the licensed organization.
43-4B-51.
(a)
Except as otherwise provided in subsection (c) of this Code section, the annual
fee for licensure of organizations subject to this article is
$1,000.00.
(b)
As used in this subsection, the term 'show' includes all matches, contests, or
exhibits held at the same venue on the same date and included in the same
admission fee if an admission fee is charged. Except as otherwise provided in
subsection (c) of this Code section, the maximum permit fee for each show
authorized or governed by an organization licensed in accordance with this
article is $250.00. The maximum permit fee for each match, contest, or
exhibition that is not a component of a show and is authorized by an
organization licensed in accordance with this article is $250.00, except as
otherwise provided in subsection (c) of this Code section. Such fee shall be
paid to the commission on or before the date of the match, contest, or
exhibition. The commission may provide by rule for a refund of a portion of the
fee if the match, contest, or exhibition is not held.
(c)
For organizations authorizing or governing matches, contests, or exhibitions of
wrestling as defined in subparagraph (A) of paragraph (21) of Code Section
43-4B-1, the annual fee for licensure is $100.00. There shall be no permit fee
for matches, contests, or exhibitions of wrestling as defined in such
subparagraph. Organizations subject to this subsection shall make reports to
the commission in accordance with rules and regulations promulgated by the
commission.
(d)
The annual fee for a
promoteŕs
license for promoters of martial arts matches, contests, or exhibitions shall be
$500.00.
43-4B-52.
(a)
A licensed organization shall provide written notice to the commission of a
match, contest, or exhibition authorized and governed by the organization no
later than 15 days before the date of the match, contest, or exhibition. The
licensed organization governing the match, contest, or exhibition shall provide
information required by the commission relating to the contestants, venue,
rules for the competition, and anticipated level of physical conditioning and
training of the contestants.
(b)
A licensed organization shall, after a match, contest, or exhibition authorized
and governed by the organization, file with the commission an affidavit that
includes the number of tickets sold, the amount of gross receipts, the amount of
sales tax to be paid to the Department of Revenue, and any other facts the
commission may require. Such affidavit shall be postmarked within three
business days after the conclusion of the match, contest, or
exhibition.
43-4B-53.
(a)
Notwithstanding any other provision of this chapter or any other law to the
contrary, no person or entity shall directly or indirectly engage in the
practice of being a promoter of kick boxing, muay thai, Thai boxing,
full-contact karate, mixed martial arts, shidokan, or martial arts matches,
contests, exhibitions of any type, or be employed or otherwise serve as a
manager, matchmaker, or organizer for any person or entity engaged in the
practice of being a promoter of kick boxing, muay thai, Thai boxing,
full-contact karate, mixed martial arts, or martial arts matches, contests, or
exhibitions of any type, who has been convicted of, has pleaded guilty to, has
entered a plea of nolo contendere to, or has been found guilty of a felony or
crime of moral turpitude under the laws of this state or any offense that, had
it occurred within this state, would constitute a felony or crime of moral
turpitude under the laws of this state for a period of ten years from the date
of such conviction or plea. For purposes of this Code section, a conviction
shall include but not be limited to disposition under Article 3 of Chapter 8 of
Title 42.
(b)
Notwithstanding any other provision of this chapter or any other law to the
contrary, no person or entity shall be retained, employed, or otherwise serve as
a sanctioning, governing, licensing, authorizing, or ranking body or
organization or act as an employee or representative thereof for any kick
boxing, muay thai, full-contact karate, mixed martial arts, shidokan, or martial
arts matches, contests, or exhibitions of any type promoted, managed, or
organized in violation of subsection (a) of this Code section.
(c)
Notwithstanding any other provision of this chapter or any other law to the
contrary, no sanctioning, governing, licensing, authorizing, or ranking body or
organization for any kick boxing, muay thai, Thai boxing, full-contact karate,
mixed martial arts, shidokan, or martial arts matches, contests, or exhibitions
of any type shall employ, designate, or otherwise assign or utilize any person
as a representative or official who has pleaded guilty to, has entered a plea of
nolo contendere to, or has been found guilty of a felony or crime of moral
turpitude under the laws of this state or any offense that, had it occurred
within this state, would constitute a felony or crime of moral turpitude under
the laws of this state for a period of ten years from the date of such
conviction or plea. For purposes of this Code section, a conviction shall
include but not be limited to disposition under Article 3 of Chapter 8 of Title
42.
(d)
The first violation of this Code section by any individual or entity shall
constitute a misdemeanor of a high and aggravated nature. Any second and
subsequent conviction under this Code section shall constitute a felony and
shall be punished by imprisonment for not less than one nor more than five
years.
43-4B-54.
(a)
The commission is authorized to suspend, revoke, or deny a license or renewal of
a license of an organization or a promoter for violation of this article or
rules of the commission promulgated in accordance with this article. The
commission is authorized to fine a licensed organization or promoter for
violation of this article or rules of the commission promulgated in accordance
with this article.
(b)
The commission is authorized to suspend, revoke, or deny issuance of a permit
for a show, match, contest, or exhibition issued in accordance with this article
in the interest of the safety or health of the competitors or public, or for
violation of this article or rules of the commission promulgated in accordance
with this article.
43-4B-55.
(a)
Subject to the restriction set forth in Code Section 43-4B-53, the commission is
authorized to exempt organizations from the requirements of licensure and
permitting when the commission, in its discretion, deems the matches, contests,
and exhibitions authorized or governed by the organization present little or no
danger to the health and safety of the competitors and the public.
(b)
In determining whether to exempt an organization from licensure and permitting
requirements, the commission shall consider the following factors:
(1)
Whether the organization requesting exemption has allowed any person who has
ever pleaded guilty to, has entered a plea of nolo contendere to, or has been
found guilty of a felony or crime of moral turpitude under the laws of this
state or any offense that, had it occurred within this state, would constitute a
felony or crime of moral turpitude under the laws of this state, within ten
years of such conviction or plea, to act as a promoter for any match, contest,
or exhibition that it has sanctioned, governed, licensed, or authorized or
whether it has authorized, retained, employed, or otherwise allowed such a
person to act or serve as its employee or representative in connection with any
match that it has sanctioned, governed, licensed, or authorized. For purposes of
this Code section, a conviction shall include but not be limited to adjudication
under Article 3 of Chapter 8 of Title 42. Should the commission determine that
a sanctioning organization has allowed, retained, employed, or otherwise
authorized such a person to act in any of the aforementioned capacities, the
organization shall not be exempted from the requirements of
licensure.
(2)
Whether the matches, contests, and exhibitions are conducted in the course of
teaching wrestling or a martial art and are closely supervised by well-trained
teachers;
(3)
Whether an admission fee is charged for viewing the matches, contests, or
exhibitions;
(4)
Whether the matches, contests, or exhibitions offer a commercial advantage to
the organization;
(5)
Whether the matches, contests, or exhibitions are conducted in a manner to
minimize the danger of injury;
(6)
Whether the
commissiońs
information about previous matches, contests, or exhibitions conducted by the
organization indicates that the matches, contests, or exhibitions are likely to
result in injury; and
(7)
Other factors deemed by the commission as indicia of danger to health or safety
and set out in rules promulgated by the
commission."
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.