2009 California Business and Professions Code - Section 18640-18656 :: Article 3. Jurisdiction, Licenses, And Exemptions

BUSINESS AND PROFESSIONS CODE
SECTION 18640-18656

18640.  The commission has the sole direction, management, control
of, and jurisdiction over all professional and amateur boxing,
professional and amateur kickboxing, all forms and combinations of
forms of full contact martial arts contests, including mixed martial
arts, and matches or exhibitions conducted, held, or given within
this state. No event shall take place without the prior approval of
the commission. No person shall engage in the promotion of, or
participate in, a boxing or martial arts contest, match, or
exhibition without a license, and except in accordance with this
chapter and the rules adopted hereunder.

18640.5.  (a) The commission, at its regularly scheduled meetings,
shall invite testimony from boxing stakeholders to identify actions
that may lead to greater opportunities for its licensees to
participate in major professional championship boxing contests in the
State of California. The commission shall invite testimony that
shall include, but not be limited to, the following:
   (1) What cooperative actions may be taken by the private sector
boxing stakeholders that may lead to greater opportunities for the
commission's licensees to participate in major professional
championship boxing contests in the State of California.
   (2) What role may public-private partnerships play that may lead
to greater opportunities for the commission's licensees to
participate in major professional championship boxing contests in the
State of California.
   (3) What actions may local agencies take that may lead to greater
opportunities for the commission's licensees to participate in major
professional championship boxing contests in the State of California.
   (4) What actions may the commission take that may lead to greater
opportunities for the commission's licensees to participate in major
professional championship boxing contests in the State of California.
   (5) What actions may other state agencies take that may lead to
greater opportunities for the commission's licensees to participate
in major professional championship boxing contests in the State of
California.
   (b) The stakeholders shall include, but not be limited to, boxing
promoters, boxing event venues, boxers, sports news outlets, and
local agencies that have an interest in providing greater
opportunities for the commission's licensees to participate in major
professional championship boxing contests in the State of California.
   (c) Upon receipt of the above described testimony the commission
shall annually make recommendations to the Governor and the
Legislature that it determines may provide greater opportunities for
the commission's licensees to participate in major professional
championship boxing contests in the State of California.
   (d) Nothing in this section shall jeopardize the commission's
duties and responsibilities to protect the safety and welfare of
boxers and the public.
   (e) Costs incurred by the commission in implementing this section
shall be covered by existing resources of the commission.

18641.  The commission may license clubs to conduct, hold, or give,
and shall license referees, judges, matchmakers, and timekeepers, and
may license assistant matchmakers and corporation treasurers, to
participate in, or be employed in connection with, professional or
amateur boxing contests, sparring matches, or exhibitions.
   No club may conduct, hold, or give, and no person performing tasks
for which licensure is required by the commission may participate
in, or be employed in connection with, those boxing contests,
sparring matches, or exhibitions unless the club or person has been
licensed for that purpose by the commission.

18642.  The commission may license professional and amateur boxers,
professional and amateur martial arts fighters, and booking agents,
managers of professional boxers and professional martial arts
fighters, trainers, chief seconds, and seconds of each. Only a
natural person may be licensed as a boxer and martial arts fighter.
   No person shall participate in any contest or serve in the
capacity of a booking agent, manager, trainer, or second, unless he
or she has been licensed for that purpose by the commission.

18642.5.  A professional boxer or martial arts fighter shall, prior
to licensure by the commission, demonstrate his or her ability to
perform. If at any time a licensed boxer of fighter's ability to
perform is questionable the commission shall revalidate the licensee
using standards adopted in regulation by the commission.
   The commission may accept whatever evidence is available to
demonstrate the "ability to perform" at the initial time of
licensure. However, all commission evaluations or reevaluations shall
be recorded on a form approved by the commission and maintained with
the fighter's licensing file.
   The evaluation or reevaluation may be used by the commission when
approving bouts for not more than 120 days from the date of the
evaluation.

18643.  (a) No professional boxer shall spar for training purposes
with any person not licensed as a professional boxer or who does not
have a sparring permit. The commission may authorize a professional
boxer to spar with someone not licensed as a professional boxer or
who does not have a sparring permit, under special circumstances
subject to a commission representative being present. No person
licensed under this chapter shall conduct, hold, or permit unlicensed
persons to spar unless commission authorization is granted.
   (b) The commission may issue a permit to spar with professional
boxers for training purposes. This permit shall be issued only to
persons who meet the physical and mental requirements for licensure
as a professional boxer.
   (c) The operator of a professional boxers' training gymnasium
shall inspect and log daily on a form approved by the commission the
professional boxing license or sparring permit of any individual who
wishes to use the gymnasium for sparring or boxing and no person
shall do so unless that person has a valid and current license or
permit. Individuals described in subdivision (a) shall be exempt from
these requirements.

18645.  There is hereby created within the jurisdiction of the State
Athletic Commission an Advisory Committee on Medical and Safety
Standards.
   The committee shall consist of six licensed physicians and
surgeons appointed by the commission. The commission may call
meetings of those physicians and surgeons at such times and places as
it deems appropriate for the purpose of studying and recommending
medical and safety standards for the conduct of boxing, wrestling,
and martial arts contests.
   It shall require a majority vote of the commission to appoint a
person to the committee. Each appointment shall be at the pleasure of
the commission for a term not to exceed four years.

18646.  (a) This chapter applies to all amateur boxing, wrestling,
and full contact martial arts contests.
   (b) The commission may, however, authorize a nonprofit boxing,
wrestling, or martial arts club or organization, upon approval of its
bylaws, to administer its rules for amateur boxing, wrestling, and
full contact martial arts contests, and may, therefore, waive direct
commission application of laws and rules, including licensure,
subject to the commission's affirmative finding that the standards
and enforcement of similar rules by that club or organization meet or
exceed the safety and fairness standards of the commission. The
commission shall review the performance of any such club or
organization annually.
   (c) Every contest subject to this section shall be preceded by a
physical examination, specified by the commission, of every
contestant. A physician shall be in attendance at the contest. There
shall be a medical insurance program satisfactory to the commission
provided by the amateur club or organization in effect covering all
contestants. The commission shall review compliance with these
requirements.
   (d) Any club or organization which conducts, holds, or gives
amateur contests pursuant to this section, which collects money for
the event, shall furnish a written financial report of receipts and
disbursements within 90 days of the event.
   (e) The commission has the right to have present without charge or
restriction such representatives as are necessary to obtain
compliance with this section.
   (f) The commission may require any additional notices and reports
it deems necessary to enforce the provisions of this section.

18648.  The commission shall prescribe standards as necessary, for
the licensure of any persons required to be licensed by this chapter
or by the commission's regulations.

18653.  (a) No person shall conduct or operate a professional boxers'
training gymnasium unless he or she has a license issued by the
commission under this chapter.
   (b) Any application to conduct or operate a professional boxers'
gymnasium shall contain facts which show compliance with this chapter
and shall provide any other information the commission may require.
   (c) The application shall include the fee required in Section
18817.
   (d) This section shall not apply to a training camp established by
a professional boxer for his or her sole use.
   (e) As used in this chapter:
   (1) A "professional boxers' training gymnasium" means a gymnasium,
the principal business of which is the providing of training
facilities for professional boxers, and in which either or both of
the following occur:
   (A) A fee is charged to professional boxers for the use of the
gymnasium facilities.
   (B) A fee is charged to persons who view the training of
professional boxers.
   (2) "Principal business" means the use of the gymnasium for the
providing of training facilities for professional boxers which either
accounts for more than 50 percent of the annual gross income of the
gymnasium, or accounts for more than 50 percent of its total use.

18654.  Failure of a licensed training gymnasium owner or operator,
fighter, boxer, trainer, second, or manager to report to the
commission an injury or knockout of a licensed boxer or fighter or
the holder of a sparring permit shall be grounds for the suspension
of their license pursuant to this chapter.

18655.  This chapter does not apply to any contest conducted under
the supervision or control of an entity of the United States
Government.

18656.  This chapter does not apply to any contest conducted by, or
participated in exclusively by, any school, college, or university,
or by any association or organization composed exclusively of
schools, colleges, or universities when each contestant in such
contest is a bona fide student regularly enrolled for not less than
one-half time in a school, college, or university.


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