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2019 Guam Statutes
Title 11 - Finance & Taxation
Division 1 - Department of Revenue and Taxation.
Chapter 7 - Unarmed Combat Commission Act of 2009

Universal Citation: 11 Guam Code §§ 7100 - 7502 (2019)
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11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 CHAPTER 7 UNARMED COMBAT SOURCE: Chapter 7 added by P.L. 30-045:3 (July 14, 2009). Article 1. Article 2. Article 3. Article 4. Definitions. Medical Advisory Board. Guam Unarmed Combat Commission. Licensing and Control of Contests and Exhibitions of Unarmed Combat. Article 5. Applicability of Chapter; Penalties. ARTICLE 1 DEFINITIONS § 7100. § 7101. § 7102. § 7103. § 7104. § 7105. § 7106. § 7107. § 7108. § 7109. § 7110. Definitions. Board Defined. Commission Defined. Contestant Defined. Manager Defined. Promoter Defined. Purse Defined. Ring Official Defined. Sanctioning Organization Defined. Unarmed Combat Defined. Unarmed Combatant Defined. § 7100. Definitions. As used in this Chapter, unless the context otherwise requires, the words and terms defined in §§ 7101 to 7108 inclusive, have the meanings ascribed to them in those Sections. § 7101. Board Defined. Board means the Medical Advisory Board. § 7102. Commission Defined. Commission means the Guam Unarmed Combat Commission. § 7103. Contestant Defined. 1 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 Contestant means any person who engages in unarmed combat for remuneration. § 7104. Manager Defined. (a) Manager means a person who: (1) Undertakes to represent the interests of another person, by contract, agreement or other arrangement, in procuring, arranging or conducting a professional contest or exhibition in which that person will participate as a contestant; (2) Directs or controls the activities of an unarmed combatant relating to the participation of the unarmed combatant in professional contests or exhibitions; (3) Receives or is entitled to receive at least ten percent (10%) of the gross purse or gross income of any professional unarmed combatant for services relating to the participation of the unarmed combatant in a professional contest or exhibition; or (4) Receives compensation for services as an agent or representative of an unarmed combatant. (b) The term does not include an attorney who is licensed to practice law in Guam if his participation in any of the activities described in subsection (1) is limited solely to his legal representation of a client who is an unarmed combatant. § 7105. Promoter Defined. Promoter means any person who produces or stages any professional contest or exhibition of unarmed combat. § 7106. Purse Defined. Purse means the financial guarantee or any other remuneration for which contestants are participating in a contest or exhibition and includes the contestant’s share of any payment received for radio broadcasting, television or motion picture rights. § 7107. Ring Official Defined. Ring official means any person who performs an official function during the progress of a contest or exhibition of unarmed combat. 2 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 § 7108. Sanctioning Defined. Sanctioning organization means an organization that sanctions professional contests of unarmed combat in Guam. § 7109. Unarmed Combat Defined. Unarmed combat means boxing, wrestling, mixed martial arts, kickboxing, or any form of competition in which a blow is usually struck which may reasonably be expected to inflict injury. § 7110. Unarmed Combatant Defined. (a) Unarmed combatant means any person who engages in unarmed combat in a contest or exhibition, whether or not the person receives remuneration. (b) The term includes, without limitation: (1) A contestant; and (2) An amateur boxer who: (A) Is registered with the Guam Amateur Boxing organization recognized by the Guam National Olympic Committee and the International Boxing Association (AIBA); and (B) Any contestant who has participated in a competition promoted as a professional event or competes against a professional contestant regardless of remuneration or not, shall not be allowed to compete in amateur unarmed competitions. (c) The term does not include a person who participates in a contest or exhibition that is exempt from the provisions of this Chapter. ---------ARTICLE 2 MEDICAL ADVISORY BOARD § 7200. Creation; Chairman; Terms. § 7201. Qualifications of Members. § 7202. Duties. § 7200. Creation; Chairman; Terms. 3 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 (a) The Medical Advisory Board consisting of three (3) members to be appointed by I Maga’lahi is hereby created. (b) A Chairman shall be elected from among the members. (c) I Maga’lahi shall appoint each member to a term of four (4) years. If the position of a member is vacated, I Maga’lahi shall appoint a qualified person to replace the member for the remainder of the unexpired term. § 7201. Qualifications of Members. Each member of the Board must: (a) be licensed to practice medicine pursuant to Article 2 of Chapter 12, Title 10, Guam Code Annotated; and (b) have at least five (5) years of experience in the practice of medicine at the time of his appointment. § 7202. Duties. The Board shall: (a) Prepare and submit to the Commission appropriate standards for the physical and mental examination of contestants. No standard is effective until it is approved by the Commission. The Commission shall ensure that applicable tests for HIV/AIDS, TB, and other communicable diseases, and the mandatory requirement of a CT scan, are included in the standards to be promulgated and approved. (b) Recommend to the Commission for licensing, physicians who are qualified to examine contestants. (c) Advise the Commission as to the physical or mental fitness of a contestant, if it so requests. (d) Prepare and submit to I Liheslatura and the Commission reports containing any recommendations for revisions in the law which it deems necessary to protect the health of contestants in Guam. ---------- 4 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 ARTICLE 3 GUAM UNARMED COMBAT COMMISSION § 7300. Creation; Number, Composition and Appointment of Members; Quorum; Prohibitions Concerning Contests and Exhibitions. § 7301. Chairman; Seal; Rules and Regulations; Form of Contracts. § 7302. Employment of Executive Secretary; Deposit of Money in Guam Unarmed Combat Commission Fund. § 7303. Inspectors: Appointment; Duties; Promotion or Sponsoring of Professional Contest or Exhibition Prohibited. § 7304. Compensation of Members of Commission and other Employees of Commission; Classification of Executive Secretary. § 7305. Authority to Affiliate with Other State or National Boxing Commission or Athletic Authority. § 7300. Creation; Number, Composition and Appointment of Members; Quorum; Prohibitions Concerning Contests and Exhibitions. (a) The Guam Unarmed Combat Commission, consisting of seven (7) members appointed by I Maga’lahi and subject to confirmation by I Liheslaturan Guåhan, is hereby created within the Department of Revenue and Taxation. Commission members shall serve for a term of four (4) years. The seven (7) member Commission, at least two (2) being female, shall be constituted as follows: two (2) members of the general public, two (2) members with a background in the sport of boxing, two (2) members with a background in the sport of mixed martial arts, and one (1) member with a background in the visitor industry in the area of sports tourism. The Director of the Department of Revenue and Taxation, the Director of the Department of Parks and Recreation and the Chairman of the Medical Advisory Board, as provided in § 7200, shall serve as Ex-Officio Members. If the position of a member is vacated, I Maga’lahi shall appoint a qualified person to replace the member for the remainder of the unexpired term. (b) Four (4) members of the Commission constitute a quorum for the exercise of the authority conferred upon the Commission, and a concurrence of at least four (4) of the members is necessary to render a choice or a decision by the Commission. (c) A member shall not at any time during his service as a member 5 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 of the Commission promote or sponsor any contest or exhibition of unarmed combat, or combination of those events, or have any financial interest in the promotion or sponsorship of those contests or exhibitions. (d) The Commission shall meet at least quarterly but may meet as often as the duties of such Commission require. § 7301. Chairman; Seal; Rules and Regulations; Form of Contracts. (a) A Chairman shall be elected from among the members who shall serve in such capacity for a term of one (1) year, whereupon another member shall be elected as provided herein. (b) The Commission may purchase and use a seal. (c) The Commission shall adopt rules and regulations for the administration of this Chapter. The rules and regulations must include: (1) number and qualifications of ring officials required at any exhibition or contest; (2) procedures for obtaining police and court clearances pursuant to § 7402 to investigate the criminal history of all ring officials and employees of the Commission and any other applicant the Commission wishes to investigate; (3) powers, duties and compensation of ring officials; and (4) qualifications of licensees. (5) rules of competition, weighing of contestants and scoring of decisions. (6) age limits, weight classification of contestants. limits, physical conditions and (d) The Commission shall review and approve all forms of contracts between sponsors, licensees, promoters and contestants. § 7302. Employment of Executive Secretary; Deposit of Money in Guam Unarmed Combat Commission Fund. (a) The Commission may employ an Executive Secretary, who must not be a member of the Commission. (b) Except as provided in § 7401 and § 7416, all money received by the Executive Secretary or the Commission pursuant to the provisions of 6 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 this Chapter must be deposited with the Treasurer of Guam for credit to the Guam Unarmed Combat Commission Fund. § 7303. Inspectors: Appointment; Duties; Promotion or Sponsoring of Professional Contest or Exhibition Prohibited. (a) The Commission may appoint one (1) or more official representatives to be designated as inspectors, and may appoint one (1) Chief Inspector. The Chief Inspector shall supervise the work of all other inspectors appointed by the Commission. Each inspector must receive from the Commission a card authorizing him to act as an Inspector. He holds office as an Inspector at the pleasure of the Commission. (b) An Inspector shall not at any time during his service as an Inspector promote or sponsor any professional contest or exhibition of unarmed combat, or combination of those events. § 7304. Compensation of Members of Commission and Other Employees of Commission; Classification of Executive Secretary. (a) Members of the Commission, if authorized by the Chairman, are entitled to receive a stipend of not more than Fifty Dollars ($50) for each meeting of the Commission. (b) While engaged in the business of the Commission, each member and employee of the Commission is, upon the authorization of the Chairman, entitled to receive the per diem allowance and travel expenses provided by the Government Travel Law, Chapter 23, Title 5, Guam Code Annotated. (c) The Executive Secretary of the Commission shall be a member of the unclassified service, as defined by § 4102(a) of Chapter 4, Title 4, Guam Code Annotated. (d) Each Inspector for the Commission is entitled to receive for the performance of his duties a fee approved by the Commission. § 7305. Authority to Affiliate with Other State or National Boxing Commission or Athletic Authority. The Commission shall have the authority to affiliate with any other State or National Boxing Commission or Athletic Authority. 7 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 ---------ARTICLE 4 LICENSING AND CONTROL OF CONTESTS AND EXHIBITIONS OF UNARMED COMBAT § 7400. Jurisdiction of Commission. § 7401. License for Contest or Exhibition Where Admission Fee Received; Application for License; Fee; Limited, Restricted or Conditional License; Bond or Deposit; Unarmed Combat Commission’s Agency Account; Additional Deposit; Exceptions. § 7402. Licenses for Contestant, Promoter, Manager, Trainer, Ring Official and Others; Application for License; Submission of Clearances; Withdrawal of Application; Uniform Scale of Fees; Payment of Costs of Proceedings. § 7403. Confidentiality of Certain Information Concerning Applicant for License; Disclosure of Information; Procedure. § 7404. Application for License to Include Social Security Number of Applicant. § 7405. Permit for Promoter to Present Program; Limited, Restricted or Conditional Permit; Fees; Exceptions. § 7406. Additional Fees for License of Promoter; Exemption; Regulations. § 7407. Time for Report to Commission and Payment of Additional Fees by Promoter. § 7408. Suspension, Revocation and Other Disciplining of Contestant and Other Participants; Grounds for Refusal to Issue License. § 7409. Hearing by Member of Commission; Notice of Disciplinary Hearing; Approval of Adjudication and Order by Majority of Commission; Distribution of Written Report. § 7410. Commission May Issue Subpoenas, Administer Oaths, Appoint Hearing Examiners and Pay Certain Expenses; Penalty for Making False Oath before Commission. § 7411. Suspension of License or Permit by Member or Executive Secretary of Commission Pending Final Determination by Commission; Continuation of Suspension by Commission; Procedure. § 7412. Contract between Contestant and Licensee: Copy Provided to Contestant and Executive Secretary; Impounding Gate Receipts. 8 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 § 7413. Insurance for Licensed Contestants. § 7414. Advance against Purse by Promoter to Licensee Prohibited; Permission of Commission for Advance to Contestant for Necessary Expenses. § 7415. Order to Promoter to Withhold Part of Purse or Other Money Due Certain Contestants or Manager or Second; Hearing; Disposition of Money. § 7416. Registration of Sanctioning Organization or Television Network; Fees, Costs and Deposit; Regulations. § 7417. Promoter and Network to File Copy of Contracts for Television Rights; Records of Accounts and Other Documents; Assessment of Fee for License; Confidentiality of Contract. § 7418. Attendance of Representative or Member of Commission at Weigh-Ins, Medical Examinations, Contests and Exhibitions. § 7419. Promoter to Control Seating Arrangements; Member of Commission Furnished Ringside Seat. § 7420. Length of Boxing Contests and Rounds; Rest Between Rounds. § 7421. Weighing-in of Participants in Boxing Contests. § 7422. Revocation of License. § 7423. Penalties in Lieu of or in Addition to Other Disciplinary Action; Payment of Costs of Proceedings. § 7424. Reinstatement of Revoked License: Payment of Penalty Prescribed by Commission; Payment of Costs of Proceedings. § 7400. Jurisdiction of Commission. (a) The Commission has and is vested with the sole direction, management, control and jurisdiction over all contests or exhibitions of unarmed combat to be conducted, held or given within Guam, and no contest or exhibition may be conducted, held or given within Guam except in accordance with the provisions of this Chapter. (b) Any boxing or sparring contest conforming to the requirements of this Chapter and to the regulations of the Commission shall be deemed to be a boxing contest and not a prize fight. (c) Any contest involving a form of unarmed self-defense must be conducted pursuant to rules for that form which are approved by the Commission before the contest is conducted, held or given. 9 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 § 7401. License for Contest or Exhibition Where Admission Fee Received; Application for License; Fee; Limited, Restricted or Conditional License; Bond or Deposit; Guam Athletic Commission Fund; Additional Deposit; Exceptions. (a) The Commission may issue and revoke licenses to conduct, hold or give contests or exhibitions of unarmed combat where an admission fee is received in accordance with such terms and provisions as the Commission prescribes. (b) Any application for such a license must be in writing and correctly show and define the applicant. The application must be accompanied by an annual fee to be fixed by the Commission, on a uniform scale. (c) The Commission may deny an application for such a license or grant a limited, restricted or conditional license for any cause deemed sufficient by the Commission. (d) Before any license is granted, the applicant must file a bond in an amount fixed by the Commission but not less than Ten Thousand Dollars ($10,000), executed by the applicant as principal, and by a corporation qualified under the laws of Guam as surety, payable to the Treasurer of Guam, and conditioned upon the faithful performance by the applicant of the provisions of this Chapter. In lieu of a bond, the applicant may deposit with the Commission a like amount of lawful money of the United States or any other form of security, including, but not limited to: bonds of the United States or of Guam of an actual market value of not less than the amount of the required cash payment or surety bond; a letter of credit from a bank, savings bank, credit union or savings and loan association situated in Guam, which meets the requirements set for that purpose by the Treasurer of Guam; or a savings certificate, certificate of deposit or investment certificate of a bank, savings bank, credit union or savings and loan association situated in Guam, which must indicate an account of an amount not less than the amount of the required cash payment or surety bond and, except as otherwise provided by specific statute, that the amount is not available for withdrawal except by direct order of the Treasurer of Guam. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the Commission. All money which the 10 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 Commission receives pursuant to this subsection must be deposited with the Treasurer of Guam for credit to the Guam Unarmed Combat Commission Fund, which shall be established by enactment of this Act. (e) If the Commission believes the requirement for a bond is inadequate, the Commission may require the promoter to make a deposit of money in an amount fixed by the Commission. The deposit must be made not less than five (5) days before the contest or exhibition. It may be used to satisfy any obligation incurred by the promoter during the staging of the contest or exhibition upon order of the Commission. After satisfaction of all such obligations, the Commission shall release the remainder to the promoter. (f) The provisions of subsections (d) and (e) do not apply to amateur athletic clubs. § 7402. Licenses for Contestant, Promoter, Manager, Trainer, Ring Official and Others; Application for License; Submission of Clearances; Withdrawal of Application; Uniform Scale of Fees; Payment of Costs of Proceedings. (a) All contestants, promoters, managers, seconds, trainers and ring officials must be licensed by the Commission. No person may participate, directly or indirectly, in any professional contest or exhibition of unarmed combat unless he has first procured a license from the Commission. (b) The Commission may deny an application for a license or grant a limited or license or grant a limited, restricted or controlled license for any cause deemed sufficient by the Commission. (c) The Commission shall require: (1) each ring official and employee of the Commission; and (2) any other applicant the Commission wishes to investigate, to submit to the Commission, with the application, a police and court clearance. (d) After an application has been submitted to the Commission, the application may not be withdrawn unless the Commission consents to the withdrawal. (e) The Commission shall fix a uniform scale of license fees. 11 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 (f) In addition to the license fees required by subsection (e), the Commission may require an applicant for a license to: (1) pay the costs of the proceedings associated with the issuance of the license, including, without limitation, investigative costs and attorney’s fees; and (2) deposit with the Commission such an amount of money as the Commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this subsection exceeds the actual cost of the proceedings, including, without limitation, investigative costs and attorney’s fees, the Commission shall refund the excess amount to the applicant upon the completion of the proceedings. (g) It is a violation of this Chapter for any person to participate, directly or indirectly, as stated in subsection (a), unless he has been granted a license therefor. § 7403. Confidentiality of Certain Information Concerning Applicant for License; Disclosure of Information; Procedure. (a) Except as otherwise provided in subsection (b), the Commission shall keep confidential: (1) any information that it receives concerning an applicant for the issuance of a license pursuant to this Chapter which is declared confidential by law and that is provided to the Commission by another governmental entity or the Association of Boxing Commissions; (2) any information contained in a medical record of such an applicant, if the information is not relevant to the Commission in determining whether to grant a license to the applicant; (3) any information relating to the financial records of an applicant or licensee; and (4) any information required to be disclosed to the Commission and kept confidential pursuant to federal law. (b) The Commission shall reveal the information set forth in subsection (a): (1) upon the lawful order of a court of competent jurisdiction; 12 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 (2) to any person upon the request of the person who is the subject of the information; and (3) in the course of the necessary administration of this Chapter. (c) A person seeking an order of a court of competent jurisdiction for the disclosure of information described in subsection (a) must submit a motion in writing to the court requesting the information. At least ten (10) days before submitting the motion, the person must provide notice to the Commission, the Attorney General and all persons who may be affected by the disclosure of the information. The notice must: (1) include, without limitation, a copy of the motion and all documents in support of the motion that are to be filed with the court; and (2) be delivered in person or by certified mail to the last known address of each person to whom notice must be provided. § 7404. Application for License to Include Social Security Number of Applicant. An application for a license issued pursuant to § 7402 must include the social security number of the applicant. § 7405. Permit for Promoter to Present Program; Limited, Restricted or Conditional Permit; Fees; Exceptions. (a) Every promoter, in order to present a program of contests or exhibitions of unarmed combat, must obtain a permit from the Commission for each program. (b) The Commission may deny an application for such a permit or grant a limited, restricted or conditional permit for any cause deemed sufficient by the Commission. (c) The Commission shall charge and collect the following fees for a permit to present a program of contests or exhibitions: Permit for a promoter who has no place of business in Guam One Thousand Dollars ($1,000); and Permit for a promoter who has a place of business in Guam Two Hundred Fifty Dollars ($250). 13 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 The provisions of this subsection do not apply to the presentation of a program of amateur contests or exhibitions of unarmed combat. § 7406. Additional Fees for License of Promoter; Exemption; Regulations. (a) In addition to the payment of any other fees and money due under this Chapter, every promoter, except as provided in subsection (2), shall pay a license fee of: (1) four percent (4%) of the total gross receipts from admission fees to the live contest or exhibition of unarmed combat, exclusive of any federal tax or tax imposed by the government of Guam; and (2) three percent (3%) of the first One Million Dollars ($1,000,000), and one percent (1%) of the next Two Million Dollars ($2,000,000), of the total gross receipts from the sale, lease or other exploitation of broadcasting, television and motion picture rights for that contest or exhibition, without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants’ purses or any other expenses or charges. (b) A corporation organized pursuant to Part 2 of Chapter 10, Title 18, Guam Code Annotated, which promotes an amateur contest or exhibition of unarmed combat whose net proceeds are to be spent entirely in Guam, for the purposes for which the corporation is organized, is exempt from the fees payable under this Section. The corporation must retain the services of a promoter licensed pursuant to this Chapter. (c) The Commission shall adopt regulations: (1) requiring that the number and face value of all complimentary tickets be reported; and (2) governing the treatment of complimentary tickets for the purposes of computing gross receipts from admission fees under subsection (a)(1). § 7407. Time for Report to Commission and Payment of Additional Fees by Promoter. (a) Every promoter shall, within ten (10) days after the completion of any contest, match or exhibition for which an admission fee is charged and received, furnish to the Commission a verified written report 14 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 showing: (1) the number of tickets sold and issued or sold or issued for the contest, match or exhibition; and (2) the amount of the: (A) gross receipts from admission fees; (B) gross receipts derived from the sale, lease or other exploitation of broadcasting, motion picture and television rights of such contest, match or exhibition, without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants’ purses or any other expenses or charges; and (C) such other matters as the Commission may prescribe. (b) The promoter shall, not later than twenty (20) days after the contest, match or exhibition, pay to the Commission the license and permit fee described in § 7406. § 7408. Suspension, Revocation and Other Disciplining of Contestant and Other Participants; Grounds for Refusal to Issue License. (a) The Commission may suspend or revoke the license of, otherwise discipline, or take any combination of such actions against any contestant, promoter, ring official or other participant who, in the judgment of the Commission: (1) enters into a contract for a contest or exhibition of unarmed combat in bad faith; (2) participates in any sham or fake contest or exhibition of unarmed combat; (3) participates in a contest or exhibition of unarmed combat pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest or exhibition in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant; (4) is guilty of an act or conduct that is detrimental to a contest or exhibition of unarmed combat, including, but not limited to, any foul or unsportsmanlike conduct in connection with a contest or 15 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 exhibition of unarmed combat; or (5) fails to comply with any limitation, restriction or condition placed on his license. (b) The Commission may refuse to issue a license to an applicant who has committed any of the acts described in subsection (a). § 7409. Hearing by Member of Commission; Notice of Disciplinary Hearing; Approval of Adjudication and Order by Majority of Commission; Distribution of Written Report. (a) Any member of the Commission may conduct hearings. (b) All disciplinary hearings conducted under the provisions of this Chapter must be preceded by a written notice to be served upon the accused at least ten (10) days before the hearing. (c) Before any adjudication is rendered, a majority of the members of the Commission shall examine the record and approve the adjudication and order. (d) The Commission shall file a written report of its findings, adjudication and order in the record of the proceedings and send a copy to the accused. § 7410. Commission May Issue Subpoenas, Administer Oaths, Appoint Hearing Examiners and Pay Certain Expenses; Penalty for Making False Oath Before Commission. (a) The Commission, or a quorum of four (4) members thereof, may: (1) issue subpoenas to require the attendance and testimony of a licensee or other person whom the Commission believes to have information of importance to the Commission; (2) issue subpoenas duces tecum to require the production of books and papers by a licensee or other person whom the Commission believes to have books or papers of importance to the Commission; (3) administer oaths and require testimony under oath; (4) appoint hearing examiners who may administer oaths and receive evidence and testimony under oath; and 16 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 (5) pay for such transportation and other expenses of witnesses, as it may deem reasonable and proper. (b) Service of process or notice required pursuant to this Section must be served in the manner provided for service of process and notices in civil actions. (c) A person making a false oath in a matter before the Commission or a hearing examiner is guilty of perjury, which is a felony of the third degree and shall be punished as provided in §80.30(c) of Chapter 80, Title 9, Guam Code Annotated. § 7411. Suspension of License or Permit by Member or Executive Secretary of Commission Pending Final Determination by Commission; Continuation of Suspension by Commission; Procedure. (a) Each member of the Commission or the Executive Secretary of the Commission may, upon his own motion or upon the verified written charge of any person charging a licensee or the holder of a permit with violating any provision of this Chapter or the regulations adopted pursuant thereto, suspend for a period not exceeding ten (10) days any license or permit until final determination by the Commission if, in his opinion, the action is necessary to protect the public welfare and the best interests of the sports regulated pursuant to this Chapter. (b) If a license or permit is suspended pursuant to subsection (a), the Commission may, upon written notice to the licensee or holder of the permit and after a hearing, continue the suspension until it makes a final determination of any disciplinary action to be taken against the licensee or holder of the permit. § 7412. Contract between Contestant and Licensee: Copy Provided to Contestant and Executive Secretary; Impounding Gate Receipts. (a) Every contestant competing under the terms of this Chapter, or regulation of the Commission, is entitled to receive a copy of a written contract or agreement, approved as to form by the Commission, binding the licensee to pay the contestant a certain fixed fee or percentage of the gate receipts. (b) One (1) copy of the agreement must be filed with the Executive Secretary of the Commission and one (1) copy must be retained by the licensee or sponsor of the contest. 17 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 (c) The Inspector or member of the Commission in attendance at the contest shall determine whether such an agreement has been delivered to each contestant and may require that a sufficient amount of the gate receipts be impounded to pay the contestants according to those agreements. § 7413. Insurance for Licensed Contestants. The Commission shall adopt by regulation, and rules requirements for insurance providing coverage in the event of injury or death for persons competing in unarmed combat competitions, exhibitions and events subject to this Chapter. This insurance must comply with standards prescribed by the local Commissioner of Banking and Insurance. The minimum coverage for insurance shall be in an amount no less than Ten Thousand Dollars ($10,000). Said insurance coverage may be covered by a Bond. The cost of such insurance premium shall be covered by the promoter. 2011 NOTE: Reference to the “Insurance Commisioner” changed to the “Commissioner of Banking and Insurance” pursuant to P.L. 27-088:10 (May 6, 2004). § 7414. Advance against Purse by Promoter to Licensee Prohibited; Permission of Commission for Advance to Contestant for Necessary Expenses. No promoter may pay or give any money to a licensee before any contest or exhibition of unarmed combat as an advance against a contestant’s purse or for a similar purpose, except that the promoter may, with the prior written permission by a majority of the Commission members, pay or advance to a contestant necessary expenses for transportation and maintenance in preparation for a contest or exhibition. § 7415. Order to Promoter to Withhold Part of Purse or Other Money Due Certain Contestants or Manager or Second; Hearing; Disposition of Money. (a) The Commission, its Executive Secretary, or any other employee authorized by the Commission, may order the promoter to withhold any part of a purse or other money belonging or payable to any contestant, manager or second if, in the judgment of the Commission, Executive Secretary, or other employee: (1) the contestant is not competing honestly or to the best of 18 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 his skill and ability or the contestant otherwise violates any regulations adopted by the Commission or any of the provisions of this Chapter, including, but not limited to, the provisions of subsection (a) of § 7408; or (2) the manager or second violate any regulations adopted by the Commission or any of the provisions of this Chapter, including, but not limited to, the provisions of subsection (a) of § 7408. (b) Upon the withholding of any part of a purse or other money pursuant to this Section, the Commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible. (c) If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other money, the promoter shall pay the money over to the Commission. Subject to the provisions of subsection (d), the money must be deposited with the Treasurer of Guam for credit to the Guam Unarmed Combat Commission Fund. (d) Money turned over to the Commission, pending final action in any matter, must be credited to the Guam Unarmed Combat Commission Fund and must remain in that Account until the Commission orders its disposition in accordance with the final action taken. § 7416. Registration of Sanctioning Organization or Television Network; Fees, Costs and Deposit; Regulations. (a) The Commission may require a sanctioning organization or a broadcasting network for television that televises professional contests of unarmed combat in Guam to register with the Commission before it participates, directly or indirectly, in any professional contest or exhibition of unarmed combat. (b) If such registration is required, the Commission shall adopt regulations that prescribe, without limitation, the requirements for registration and any fees for registration. (c) The Commission may require a sanctioning organization or broadcasting network that applies for registration to: (1) pay the costs of the proceedings relating to the issuance of the registration, including, without limitation, investigative costs and attorney’s fees; and 19 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 (2) deposit with the Commission such an amount of money as the Commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this subsection exceeds the actual cost of the proceedings, including, without limitation, investigative costs and attorney’s fees, the Commission shall refund the excess amount to the sanctioning organization or broadcasting network upon the completion of the proceedings. § 7417. Promoter and Network to File Copy of Contracts for Television Rights; Records of Accounts and Other Documents; Assessment of Fee for License; Confidentiality of Contract. (a) A promoter and a broadcasting network for television shall each, at least seventy-two (72) hours before a contest or exhibition of unarmed combat, or combination of those events is to be held, file with the Commission’s Executive Secretary a copy of all contracts entered into for the sale, lease or other exploitation of television rights for the contest or exhibition. (b) The promoter shall keep detailed records of the accounts and other documents related to his receipts from the sale, lease or other exploitation on the television rights for a contest or exhibition. The Commission, at any time, may inspect these accounts and documents to determine the amount of the total gross receipts received by the promoter from the television rights. (c) If a promoter or a network fails to comply with the requirements of this Section, the Commission may determine the amount of the total gross receipts from the sale, lease or other exploitation of television rights for the contest or exhibition and assess the appropriate license fee pursuant to § 7406(a). (d) Each contract filed with the Commission pursuant to this Section is confidential and is not a public record. § 7418. Attendance of Representative or Member of Commission at Weigh-Ins, Medical Examinations, Contests and Exhibitions. A member of the Commission, the Executive Secretary of the Commission, a Chief Inspector or a member of the staff of the Commission must be present at all weigh-ins, medical examinations, contests, exhibitions or matches, and shall ensure that the rules are strictly enforced. 20 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 § 7419. Promoter to Control Seating Arrangements; Member of Commission Furnished Ringside Seat. Each promoter of a contest or exhibition of unarmed combat has charge of all seating arrangements but shall furnish to each member of the Commission who is present one (1) ringside seat. § 7420. Length of Boxing and Mixed Martial Arts Contests and Rounds; Rest between Rounds. (a) No boxing contest, sparring match or exhibition may be more than twelve (12) rounds in length. Rounds must be not more than three (3) minutes. There must be a rest period of sixty (60) seconds between successive rounds. (b) No mixed martial arts contest may be longer than three (3) rounds in length. Rounds must be not more than five (5) minutes. There must be a rest period of sixty (60) seconds between successive rounds. (c) No mixed martial arts championship contest may be longer than five (5) rounds in length. Rounds must not be more than five (5) minutes. There must be a rest period of sixty (60) seconds between successive rounds. § 7421. Weighing-in of Participants in Boxing Contests. Every participant in a boxing contest shall be present and weighed in no later than 7:00 p.m. on the day before the contest. § 7422. Revocation of License. Any license issued under this Chapter may be revoked for cause deemed sufficient by the Commission upon a hearing as provided for in § 7409. § 7423. Penalties in Lieu of or in addition to other Disciplinary Action; Payment of Costs of Proceedings. (a) If disciplinary action is taken against a person pursuant to this Chapter and the disciplinary action does not relate to a contest or exhibition of unarmed combat as provided in subsection (b), the Commission may, in lieu of revoking a license, prescribe a penalty not to exceed Fifty Thousand Dollars ($50,000). (b) If disciplinary action is taken against a person pursuant to this Chapter, including, but not limited to, a hearing for the revocation of a 21 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 license, and the disciplinary action relates to: (1) the preparation for a contest or an exhibition of unarmed combat; (2) the occurrence of a contest or an exhibition of unarmed combat; or (3) any other action taken in conjunction with a contest or an exhibition of unarmed combat, the Commission may prescribe a penalty pursuant to subsection (c). (c) A penalty prescribed by the Commission pursuant to subsection (b): (1) must not exceed Fifty Thousand Dollars ($50,000) or one hundred percent (100%) of the share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater; and (2) may be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the Commission. (d) If disciplinary action is taken against a person pursuant to this Chapter, the Commission may require the person against whom such action is taken to pay the costs of the proceeding, including investigative costs and attorney’s fees. § 7424. Reinstatement of Revoked License: Payment of Penalty Prescribed by Commission; Payment of Costs of Proceedings. (a) Except as otherwise provided in § 7423, upon receipt of an application and the payment of a penalty prescribed by the Commission, not to exceed Fifty Thousand Dollars ($50,000), the Commission may reinstate a revoked license. (b) In addition to the penalty required by subsection (a), the Commission may require the applicant to: (1) pay the costs of the proceedings associated with the reinstatement of the license, including investigative costs and attorney’s fees; and (2) deposit with the Commission such an amount of money as the Commission deems necessary to pay for those costs. If any 22 COL 03072011 11 GCA FINANCE & TAXATION CH. 7 GUAM UNARMED COMBAT COMMISSION ACT OF 2009 amount required to be deposited pursuant to this subsection exceeds the actual cost of the proceedings, including investigative costs and attorney’s fees, the Commission shall refund the excess amount to the applicant upon the completion of the proceedings. ---------ARTICLE 5 APPLICABILITY OF CHAPTER; PENALTIES § 7500. Amateur Contest or Exhibition of School, College or University or Non-Profit Unarmed Combat Organization Exempted from Provisions of Chapter. § 7501. Certain Exhibitions of Unarmed Self-Defense Exempted from Provisions of Chapter. § 7502. Penalty. § 7500. Amateur Contest or Exhibition of School, College or University or Non-Profit Unarmed Combat Organization Exempted from Provisions of Chapter. The provisions of this Chapter do not apply to any amateur contests or exhibitions of unarmed combat or any combination thereof conducted by or participated in exclusively by any unarmed combat organization who conducts contests as a non-profit organization and is in good status with the Department of Revenue and Taxation, any school, college or university or by any association or organization of a school, college or university, when each participant in the contests or exhibitions is a bona fide student in the school, college or university. § 7501. Certain Exhibitions of Unarmed Self-Defense Exempted from Provisions of Chapter. The provisions of this Chapter do not apply to exhibitions of unarmed self-defense in which no dangerous blow is intended to be struck. § 7502. Penalty. Any person who shall, directly or indirectly, violate any of the provisions of this Chapter, or the rules or regulations of the Commission, shall be guilty of a misdemeanor. ---------- 23 COL 03072011
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