(225 ILCS 105/1)
(from Ch. 111, par. 5001)
(Section scheduled to be repealed on January 1, 2022)
Sec. 1.
Short title and definitions.
(a) This Act may be cited as the
Boxing and Full-contact Martial Arts Act.
(b) As used in this Act:
"Department" means the Department of Financial and
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"Secretary" means the Secretary of Financial and |
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"Board" means the State of Illinois Athletic Board |
| established pursuant to this Act. |
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"License" means the license issued for promoters, |
| professionals, or officials in accordance with this Act. |
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"Professional contest" means a boxing or |
| full-contact martial arts competition in which all of the participants competing against one another are professionals and where the public is able to attend or a fee is charged. |
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"Permit" means the authorization from the Department |
| to a promoter to conduct professional or amateur contests, or a combination of both. |
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"Promoter" means a person who is licensed and who |
| holds a permit to conduct professional or amateur contests, or a combination of both. |
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Unless the context indicates otherwise, "person" |
| includes, but is not limited to, an individual, association, organization, business entity, gymnasium, or club. |
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"Judge" means a person licensed by the Department who |
| is located at ringside or adjacent to the fighting area during a professional contest and who has the responsibility of scoring the performance of the participants in that professional contest. |
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"Referee" means a person licensed by the Department |
| who has the general supervision of and is present inside of the ring or fighting area during a professional contest. |
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"Amateur" means a person registered by the Department |
| who is not competing for, and has never received or competed for, any purse or other article of value, directly or indirectly, either for participating in any contest or for the expenses of training therefor, other than a non-monetary prize that does not exceed $50 in value. |
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"Professional" means a person licensed by the |
| Department who competes for a money prize, purse, or other type of compensation in a professional contest held in Illinois. |
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"Second" means a person licensed by the Department |
| who is present at any professional contest to provide assistance or advice to a professional during the contest. |
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"Matchmaker" means a person licensed by the |
| Department who brings together professionals to compete in contests. |
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"Manager" means a person licensed by the Department |
| who is not a promoter and who, under contract, agreement, or other arrangement, undertakes to, directly or indirectly, control or administer the affairs of professionals. |
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"Timekeeper" means a person licensed by the |
| Department who is the official timer of the length of rounds and the intervals between the rounds. |
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"Purse" means the financial guarantee or any other |
| remuneration for which contestants are participating in a professional contest. |
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"Physician" means a person licensed to practice |
| medicine in all its branches under the Medical Practice Act of 1987. |
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"Martial arts" means a discipline or combination of |
| different disciplines that utilizes sparring techniques without the intent to injure, disable, or incapacitate one's opponent, such as, but not limited to, Karate, Kung Fu, Judo, Jujutsu, Tae Kwon Do, and Kyuki-Do. |
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"Full-contact martial arts" means the use of a |
| singular discipline or a combination of techniques from different disciplines of the martial arts, including, without limitation, full-force grappling, kicking, and striking with the intent to injure, disable, or incapacitate one's opponent. |
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"Amateur contest" means a boxing or full-contact |
| martial arts competition in which all of the participants competing against one another are amateurs and where the public is able to attend or a fee is charged. |
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"Contestant" means a person who competes in either a |
| boxing or full-contact martial arts contest. |
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"Address of record" means the designated address |
| recorded by the Department in the applicant's or licensee's application file, license file, or registration file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department. |
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"Bout" means one match between 2 contestants.
"Sanctioning body" means an organization approved by |
| the Department under the requirements and standards stated in this Act and the rules adopted under this Act to act as a governing body that sanctions professional or amateur contests. |
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(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11; 97-1123, eff. 8-27-12.) |
(225 ILCS 105/6)
(from Ch. 111, par. 5006)
(Section scheduled to be repealed on January 1, 2022)
Sec. 6.
Restricted contests and events.
(a) All professional and amateur contests, or a combination of both, in which physical contact is made are prohibited in Illinois unless authorized by the Department pursuant to the requirements and standards stated in this Act and the rules adopted pursuant to this Act. This subsection (a) does not apply to any of the following:
(1) Amateur boxing or full-contact martial arts
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| contests conducted by accredited secondary schools, colleges, or universities, although a fee may be charged. |
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(2) Amateur boxing contests that are sanctioned by |
| USA Boxing or any other sanctioning organization approved by the Association of Boxing Commissions. |
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(3) Amateur boxing or full-contact martial arts |
| contests conducted by a State, county, or municipal entity. |
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(4) Amateur martial arts contests that are not |
| defined as full-contact martial arts contests under this Act, including, but not limited to, Karate, Kung Fu, Judo, Jujutsu, Tae Kwon Do, and Kyuki-Do. |
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(5) Full-contact martial arts contests, as |
| defined by this Act, that are recognized by the International Olympic Committee or are contested in the Olympic Games and are not conducted in an enclosed fighting area or ring. |
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No other amateur boxing or full-contact martial arts contests shall be permitted unless authorized by the Department.
(b) The Department shall have the authority to determine whether a professional or amateur contest is exempt for purposes of this Section.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11; 97-1123, eff. 8-27-12.) |
(225 ILCS 105/8)
(from Ch. 111, par. 5008)
(Section scheduled to be repealed on January 1, 2022)
Sec. 8.
Permits.
(a) A promoter who desires to obtain a permit to conduct a professional or amateur contest, or a combination of both, shall apply to the Department at least 20 days prior to the event, in writing, on forms furnished by the Department. The application shall be accompanied by the required fee and shall contain, but not be limited to, the following information to be submitted at times specified by rule:
(1) the legal names and addresses of the promoter;
(2) the name of the matchmaker;
(3) the time and exact location of the professional
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| or amateur contest, or a combination of both. It is the responsibility of the promoter to ensure that the building to be used for the event complies with all laws, ordinances, and regulations in the city, town, village, or county where the contest is to be held; |
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(4) proof of adequate security measures, as |
| determined by Department rule, to ensure the protection of the safety of contestants and the general public while attending professional or amateur contests, or a combination of both; |
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(5) proof of adequate medical supervision, as |
| determined by Department rule, to ensure the protection of the health and safety of professionals' or amateurs' while participating in the contest; |
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(6) the names of the professionals or amateurs |
| competing subject to Department approval; |
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(7) proof of insurance for not less than $50,000 as |
| further defined by rule for each professional or amateur participating in a professional or amateur contest, or a combination of both; insurance required under this paragraph (6) shall cover (i) hospital, medication, physician, and other such expenses as would accrue in the treatment of an injury as a result of the professional or amateur contest; (ii) payment to the estate of the professional or amateur in the event of his or her death as a result of his or her participation in the professional or amateur contest; and (iii) accidental death and dismemberment; the terms of the insurance coverage must not require the contestant to pay a deductible. The promoter may not carry an insurance policy with a deductible in an amount greater than $500 for the medical, surgical, or hospital care for injuries a contestant sustains while engaged in a contest, and if a licensed or registered contestant pays for the medical, surgical, or hospital care, the insurance proceeds must be paid to the contestant or his or her beneficiaries as reimbursement for such payment; |
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(8) the amount of the purses to be paid to the |
| professionals for the event; the Department shall adopt rules for payment of the purses; |
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(9) organizational or internationally accepted rules, |
| per discipline, for professional or amateur full-contact martial arts contests where the Department does not provide the rules; |
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(10) proof of contract indicating the requisite |
| registration and sanctioning by a Department approved sanctioning body for any full-contact martial arts contest with scheduled amateur bouts; and |
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(11) any other information that the Department may |
| require to determine whether a permit shall be issued. |
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(b) The Department may issue a permit to any promoter who meets the requirements of this Act and the rules. The permit shall only be issued for a specific date and location of a professional or amateur contest, or a combination of both, and shall not be transferable. The Department may allow a promoter to amend a permit application to hold a professional or amateur contest, or a combination of both, in a different location other than the application specifies and may allow the promoter to substitute professionals or amateurs, respectively.
(c) The Department shall be responsible for assigning the judges, timekeepers, referees, and physicians, for a professional contest. Compensation shall be determined by the Department, and it shall be the responsibility of the promoter to pay the individuals utilized.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.) |
(225 ILCS 105/11)
(from Ch. 111, par. 5011)
(Section scheduled to be repealed on January 1, 2022)
Sec. 11.
Qualifications for license.
The Department shall grant licenses to the following persons if the following qualifications are met:
(1) An applicant for licensure as a professional
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| must: (1) be 18 years old, (2) be of good moral character, (3) file an application stating the applicant's legal name (and no assumed or ring name may be used unless such name is registered with the Department along with the applicant's legal name), date and place of birth, place of current residence, and a sworn statement that he is not currently in violation of any federal, State or local laws or rules governing boxing or full-contact martial arts, (4) file a certificate from a physician licensed to practice medicine in all of its branches which attests that the applicant is physically fit and qualified to participate in professional contests, and (5) pay the required fee and meet any other requirements. Applicants over age 35 who have not competed in a professional or amateur contest within the last 36 months may be required to appear before the Department to determine their fitness to participate in a professional contest. A picture identification card shall be issued to all professionals licensed by the Department who are residents of Illinois or who are residents of any jurisdiction, state, or country that does not regulate professional boxing or full-contact martial arts. The identification card shall be presented to the Department or its representative upon request at weigh-ins. |
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(2) An applicant for licensure as a referee, judge, |
| manager, second, matchmaker, or timekeeper must: (1) be of good moral character, (2) file an application stating the applicant's name, date and place of birth, and place of current residence along with a certifying statement that he is not currently in violation of any federal, State, or local laws or rules governing boxing, or full-contact martial arts, (3) have had satisfactory experience in his field, (4) pay the required fee, and (5) meet any other requirements as determined by rule. |
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(3) An applicant for licensure as a promoter must: |
| (1) be of good moral character, (2) file an application with the Department stating the applicant's name, date and place of birth, place of current residence along with a certifying statement that he is not currently in violation of any federal, State, or local laws or rules governing boxing or full-contact martial arts, (3) pay the required fee and meet any other requirements as established by rule, and (4) in addition to the foregoing, an applicant for licensure as a promoter of professional contests or a combination of both professional and amateur bouts in one contest shall also provide (i) proof of a surety bond of no less than $5,000 to cover financial obligations under this Act, payable to the Department and conditioned for the payment of the tax imposed by this Act and compliance with this Act, and the rules adopted under this Act, and (ii) a financial statement, prepared by a certified public accountant, showing liquid working capital of $10,000 or more, or a $10,000 performance bond guaranteeing payment of all obligations relating to the promotional activities. |
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(4) All applicants shall submit an application to the |
| Department, in writing, on forms provided by the Department, containing such information as determined by rule. |
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In determining good moral character, the Department may take into consideration any violation of any of the provisions of Section 16 of this Act as to referees, judges, managers, matchmakers, timekeepers, or promoters and any felony conviction of the applicant, but such a conviction shall not operate as a bar to licensure. No license issued under this Act is transferable.
The Department may issue temporary licenses as provided by rule.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.) |
(225 ILCS 105/13)
(from Ch. 111, par. 5013)
(Section scheduled to be repealed on January 1, 2022)
Sec. 13.
Tickets; tax.
Tickets to professional or amateur contests, or a combination of both, shall be printed in such form as the Department shall prescribe. A certified inventory of all tickets printed for any professional or amateur contest, or a combination of both, shall be mailed to the Department by the promoter not less than 7 days before the contest. The total number of tickets printed shall not exceed the total seating capacity of the premises in which the professional or amateur contest, or a combination of both, is to be held. No tickets of admission to any professional or amateur contest, or a combination of both, shall be sold except those declared on an official ticket inventory as described in this Section.
A promoter who conducts a professional or a combination of a professional and amateur contest under this Act shall, within 24 hours after such a contest:
(1) furnish to the Department a written report
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| verified by the promoter or his authorized designee showing the number of tickets sold for such a contest or the actual ticket stubs of tickets sold and the amount of the gross proceeds thereof; and |
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(2) pay to the Department a tax of 5% of gross |
| receipts from the sale of admission tickets, not to exceed $52,500, to be collected by the Department and placed in the Athletics Supervision and Regulation Fund, a special fund created in the State Treasury to be administered by the Department. |
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Moneys in the Athletics Supervision and Regulation Fund shall be used by the Department, subject to appropriation, for expenses incurred in administering this Act. Moneys in the Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law.
In addition to the payment of any other taxes and money due under this Section, every promoter of a professional or a combination of a professional and amateur contest shall pay to the Department 3% of the first $500,000 and 4% thereafter, which shall not exceed $35,000 in total from the total gross receipts from the sale, lease, or other exploitation of broadcasting, including, but not limited to, Internet, cable, television, and motion picture rights for that professional or professional and amateur combination contest or exhibition without any deductions for commissions, brokerage fees, distribution fees, advertising, professional contestants' purses, or any other expenses or charges. These fees shall be paid to the Department within 72 hours after the broadcast of the contest and placed in the Athletics Supervision and Regulation Fund.
(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.) |
(225 ILCS 105/16)
(from Ch. 111, par. 5016)
(Section scheduled to be repealed on January 1, 2022)
Sec. 16.
Discipline and sanctions.
(a) The Department may refuse to issue a permit, license, or registration, refuse to renew, suspend, revoke, reprimand, place on probation, or take such other disciplinary or non-disciplinary action as the Department may deem proper, including the imposition of fines not to exceed $10,000 for each violation, with regard to any permit, license, or registration for one or any combination of the following reasons:
(1) gambling, betting, or wagering on the result of
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| or a contingency connected with a professional or amateur contest, or a combination of both, or permitting such activity to take place; |
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(2) participating in or permitting a sham or fake |
| professional or amateur contest, or a combination of both; |
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(3) holding the professional or amateur contest, or a |
| combination of both, at any other time or place than is stated on the permit application; |
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(4) permitting any professional or amateur other than |
| those stated on the permit application to participate in a professional or amateur contest, or a combination of both, except as provided in Section 9; |
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(5) violation or aiding in the violation of any of |
| the provisions of this Act or any rules or regulations promulgated thereto; |
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(6) violation of any federal, State or local laws of |
| the United States or other jurisdiction governing professional or amateur contests or any regulation promulgated pursuant thereto; |
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(7) charging a greater rate or rates of admission |
| than is specified on the permit application; |
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(8) failure to obtain all the necessary permits, |
| registrations, or licenses as required under this Act; |
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(9) failure to file the necessary bond or to pay the |
| gross receipts tax as required by this Act; |
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(10) engaging in dishonorable, unethical or |
| unprofessional conduct of a character likely to deceive, defraud or harm the public, or which is detrimental to honestly conducted contests; |
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(11) employment of fraud, deception or any unlawful |
| means in applying for or securing a permit or license under this Act; |
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(12) permitting a physician making the physical |
| examination to knowingly certify falsely to the physical condition of a professional or amateur; |
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(13) permitting professionals or amateurs of widely |
| disparate weights or abilities to engage in professional or amateur contests, respectively; |
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(14) participating in a professional contest as a |
| professional while under medical suspension in this State or in any other state, territory or country; |
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(15) physical illness, including, but not limited to, |
| deterioration through the aging process, or loss of motor skills which results in the inability to participate in contests with reasonable judgment, skill, or safety; |
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(16) allowing one's license or permit issued under |
| this Act to be used by another person; |
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(17) failing, within a reasonable time, to provide |
| any information requested by the Department as a result of a formal or informal complaint; |
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(18) professional incompetence;
(19) failure to file a return, or to pay the tax, |
| penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied; |
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(20) (blank);
(21) habitual or excessive use or addiction to |
| alcohol, narcotics, stimulants, or any other chemical agent or drug that results in an inability to participate in an event; |
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(22) failure to stop a professional or amateur |
| contest, or a combination of both, when requested to do so by the Department; |
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(23) failure of a promoter to adequately supervise |
| and enforce this Act and its rules as applicable to amateur contests, as set forth in rule; or |
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(24) a finding by the Department that the licensee, |
| after having his or her license placed on probationary status, has violated the terms of probation. |
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(b) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. The suspension will end only upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, issuance of an order so finding and discharging the licensee.
(c) In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual licensed to practice under this Act, or who has applied for licensure pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians or clinical psychologists shall be those specifically designated by the Department. The Department may order the examining physician or clinical psychologist to present testimony concerning this mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician or clinical psychologist. Eye examinations may be provided by a licensed and certified therapeutic optometrist. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of any individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of a license.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.) |