2007 Oregon Code - Chapter 463 :: Chapter 463 - Boxing - Mixed Martial Arts and Entertainment Wrestling
Chapter 463 —
Boxing, Mixed Martial Arts and Entertainment Wrestling
2007 EDITION
BOXING, MIXED MARTIAL ARTS AND WRESTLING
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
463.015Â Â Â Â Definitions
463.018Â Â Â Â Legislative
findings
463.025Â Â Â Â Licensing
of participants, managers and other officials; rules; fees
463.035Â Â Â Â Promoter
license required; fees; rules; corporate surety bond
463.037Â Â Â Â Attendance
of commission representatives at boxing matches
463.047Â Â Â Â Assignment
of medical personnel to event; certification of contestants
COMMISSION; REGULATION
463.113Â Â Â Â Oregon
State Athletic Commission; rules; duties of commission and superintendent
463.125Â Â Â Â Members;
term; officers; administrator; qualifications; meetings; voting; expenses
463.145Â Â Â Â Prohibited
financial interest or investment
463.149Â Â Â Â Oregon
State Athletic Commission Medical Advisory Committee; appointment; duties;
nomination of ringside physicians
463.155Â Â Â Â Authority
of commission to appoint inspectors; duties
463.165Â Â Â Â Authority
of superintendent to license officials; qualifications; license denial
463.175Â Â Â Â Objection
to contest by city or county; filing with commission
463.185Â Â Â Â Authority
of superintendent to enforce chapter; revocation, suspension and denial of
licenses; hearing; civil penalty; rules
463.195Â Â Â Â Commission
subject to ORS 291.201 to 291.222, 291.232 to 291.260 and 291.990
463.200Â Â Â Â Commission
considered criminal justice agency
463.210Â Â Â Â Organizations
exempt from licensing and bonding provisions
463.220Â Â Â Â Deposit
of revenues
TAX ON GROSS RECEIPTS
463.310Â Â Â Â Definitions
for ORS 463.113, 463.155, 463.320, 463.330, 463.340 and 463.370
463.320Â Â Â Â Imposition
of tax; amount; report; rules; payment
463.322Â Â Â Â Persons
exempt from tax
463.330Â Â Â Â Amateur
events; admission fee; tax
463.340Â Â Â Â Effect
of failure to file report
463.360Â Â Â Â Payment
of salaries and expenses
463.370Â Â Â Â Distribution
of tax revenues
FEE ON TICKET SALES
463.500Â Â Â Â Fee;
deposit of moneys; grants to amateur boxing organizations; rules
PENALTIES
463.995Â Â Â Â Penalties
     463.010 [Amended by 1965 c.200 §1; repealed by 1987 c.789 §24]
GENERAL PROVISIONS
     463.015
Definitions. As used in this
chapter:
     (1) “Boxing” means a contest between
contestants who fight with their fists protected by gloves or mittens fashioned
of leather or similar material, the duration of which is limited to a stated
number of rounds separated by rest periods of equal duration. “Boxing” includes
kickboxing, a form of boxing in which blows are delivered with any part of the
arm below the shoulder, including the hand, and any part of the leg below the
hip, including the foot.
     (2) “Entertainment wrestling” means a
noncompetitive performance in which the participants deliver blows or apply
holds with no intent to punish or immobilize an opponent. Entertainment
wrestling is distinguished from boxing, mixed martial arts or other wrestling
by the fact that the outcome of the performance is predetermined.
     (3) “Event” means a boxing, mixed martial
arts or entertainment wrestling match, contest, exhibition or performance.
     (4) “Exhibition” means a demonstration of
boxing or mixed martial arts skills, the results of which are not counted
toward the official record of the competitors.
     (5) “Judge” means a person licensed by the
Superintendent of State Police who is at ringside during a boxing or mixed
martial arts event and who has the responsibility of scoring the performance of
the participants in the event.
     (6) “Manager” means a person licensed by
the superintendent who does any of the following:
     (a) By contract or agreement undertakes to
represent the interests of any professional boxer or mixed martial arts
competitor in procuring or arranging the conduct of any boxing or mixed martial
arts event in which the professional boxer or mixed martial arts competitor is
a participant.
     (b) Receives or is entitled to receive
more than 10 percent of the contracted portion of the gross purse of any
professional boxer or mixed martial arts competitor for any services related to
the boxerÂ’s or mixed martial arts competitorÂ’s participation in a boxing or
mixed martial arts event.
     (c) Is an officer, director or stockholder
of any corporation which receives or is entitled to receive more than 10
percent of the contracted portion of the gross purse of any professional boxer
or mixed martial arts competitor for any services relating to the boxerÂ’s or
mixed martial arts competitorÂ’s participation in a boxing or mixed martial arts
event.
     (d) Directs or controls the professional
activities of any professional boxer or mixed martial arts competitor.
     (e) Attends the professional boxer or
mixed martial arts competitor at ringside or purports to be the manager of a
professional boxer or mixed martial arts competitor.
     (7) “Matchmaker” means a person licensed
by the Superintendent of State Police who is employed by or associated with a
promoter in the capacity of booking and arranging boxing or mixed martial arts
events between opponents and for whose activities in this regard the promoter
is legally responsible.
     (8) “Mixed martial arts” means a combative
sporting contest, the rules of which allow two mixed martial arts competitors
to attempt to achieve dominance over one another by utilizing a variety of
techniques including, but not limited to, striking, grappling and the
application of submission holds. “Mixed martial arts” does not include martial
arts such as tae kwon do, karate, kempo karate, kenpo karate, judo, sumo,
jujitsu, Brazilian jujitsu, submission wrestling and kung fu.
     (9) “Official” means an individual
authorized by the Oregon State Athletic Commission to perform duties as
assigned by the commission. “Official” includes, but is not limited to, a
referee, judge, timekeeper, inspector or ringside physician or other assigned
medical personnel.
     (10) “Person” includes an individual,
association, partnership or corporation.
     (11) “Professional boxer or mixed martial
arts competitor” means an individual licensed by the superintendent who
competes for or has competed for a money prize, purse or compensation in a
boxing event or has competed in a professional or amateur mixed martial arts
event.
     (12) “Promoter” means a corporation,
partnership, association, individual or other organization licensed by the
superintendent who arranges, gives, holds or conducts a boxing, mixed martial
arts or entertainment wrestling event in this state and who is legally
responsible for the lawful conduct of the boxing, mixed martial arts or
entertainment wrestling event. [1987 c.789 §2; 1991 c.211 §1; 1993 c.587 §1;
1993 c.742 §120; 1993 c.744 §209; 1997 c.350 §3; 2003 c.142 §1; 2007 c.585 §1]
     463.018
Legislative findings. The
Legislative Assembly finds that the boxing, mixed martial arts and
entertainment wrestling industries in this state should be regulated in order
to protect the best interests of both contestants and the public. [1987 c.789 §1;
1997 c.350 §4; 2007 c.585 §2]
     463.020 [Repealed by 1965 c.200 §12 (463.021 enacted
in lieu of 463.020)]
     463.021 [1965 c.200 §13 (enacted in lieu of
463.020); 1975 c.409 §2; repealed by 1987 c.789 §24]
     463.023 [1997 c.350 §2; repealed by 2007 c.585 §28]
     463.025
Licensing of participants, managers and other officials; rules; fees. (1) A person may not act as a professional
boxer or mixed martial arts competitor, manager of a professional boxer or
mixed martial arts competitor, referee, judge, second, timekeeper or matchmaker
until the person has been licensed pursuant to this chapter.
     (2) Application for a license shall be
made upon a form furnished by the Superintendent of State Police and shall be
accompanied by an annual license fee established by the superintendent by rule.
     (3) Each person licensed under this
section shall present the license upon request to promoters and representatives
of the superintendent, including members of the Oregon State Athletic
Commission, as evidence of eligibility to act or perform in the personÂ’s
licensed capacities in connection with boxing or mixed martial arts events.
     (4) A person under 18 years of age may not
be issued a license to act as a mixed martial arts competitor. [1987 c.789 §14;
1991 c.211 §2; 1993 c.742 §121; 1993 c.744 §209a; 2007 c.585 §3]
     463.030 [Repealed by 1965 c.200 §14 (463.031 enacted
in lieu of 463.030)]
     463.031 [1965 c.200 §15 (enacted in lieu of
463.030); repealed by 1987 c.789 §24]
     463.035
Promoter license required; fees; rules; corporate surety bond. (1) A person may not act as a promoter of
boxing, mixed martial arts or entertainment wrestling until the person has been
licensed pursuant to this chapter.
     (2) Application for a promoter’s license
shall be made upon a form furnished by the Superintendent of State Police and
must be accompanied by payment of the application fee established by the
superintendent by rule.
     (3) Before a license is issued to any
promoter of boxing, mixed martial arts or entertainment wrestling, the applicant
for licensure must:
     (a) Pay the annual license fee established
by the superintendent by rule; and
     (b) File with the superintendent a
corporate surety bond issued by a company authorized to do business in this
state drawn in an amount acceptable to the superintendent and the release of
which is conditioned upon:
     (A) Timely payment of all taxes and civil
penalties due the state or its political subdivisions;
     (B) Payment to the state or a political
subdivision thereof which establishes liability against a promoter for damages,
penalties or expenses arising from promotional activity;
     (C) Payment of the purses of the
competitors;
     (D) Payment of reimbursement to the
superintendent of the cost of approval of an event canceled by the promoter
without good cause; and
     (E) Payment of compensation to inspectors,
referees, timekeepers, judges and event medical personnel.
     (4) In addition to the requirements
specified in subsection (3) of this section, prior to being issued a license to
promote entertainment wrestling, an applicant must provide an affidavit to the
superintendent stating that the health and safety of the participants is the
responsibility of the promoter.
     (5) If the circumstances of an event to be
promoted so require, the superintendent may increase the required amount of the
corporate surety bond previously filed with the superintendent in compliance
with this section.
     (6) The superintendent may accept a cash
deposit or the assignment of a savings account in lieu of the corporate surety
bond required by this section. [1987 c.789 §§12,16; 1987 c.788 §8; 1991 c.211 §3;
1993 c.742 §§122,122a; 1993 c.744 §§209b,209c; 2003 c.142 §2; 2007 c.585 §4]
     463.037
Attendance of commission representatives at boxing matches. A boxing match may not take place in this
state unless the following Oregon State Athletic Commission representatives are
in attendance:
     (1) One commissioner or designated
representative to oversee conduct of the match;
     (2) Officials assigned by the commission;
and
     (3) Medical personnel assigned by the
commission. [1987 c.789 §9; 2007 c.585 §5]
     463.040 [Amended by 1963 c.426 §5; 1965 c.200 §2;
repealed by 1987 c.789 §24]
     463.045 [1963 c.426 §2; 1965 c.200 §3; repealed by
1987 c.789 §24]
     463.047
Assignment of medical personnel to event; certification of contestants. (1) The Oregon State Athletic Commission
shall assign medical personnel to each boxing or mixed martial arts event held
in this state.
     (2) Prior to the commencement of any
boxing or mixed martial arts event held in this state, the medical personnel
assigned to the event shall certify that each contestant is medically qualified
to participate in the event. In determining whether to issue or withhold the
required certification, the assigned medical personnel shall consider:
     (a) The results of a prefight medical
examination conducted by physicians approved by the commission; and
     (b) The recent ring record of the
contestant seeking certification.
     (3) When certification under this section
is withheld from a contestant, the commission shall immediately notify the
promoter or a representative of the promoter and any event involving the
medically unqualified contestant shall be canceled. [2007 c.585 §11]
     463.050 [Amended by 1963 c.426 §6; 1965 c.200 §4;
repealed by 1987 c.789 §24]
     463.055 [1963 c.426 §4; 1965 c.200 §5; repealed by
1987 c.789 §24]
     463.060 [Amended by 1963 c.426 §7; 1965 c.200 §6;
1983 c.740 §180; repealed by 1987 c.789 §24]
     463.110 [Amended by 1987 c.429 §1; repealed by 1987
c.789 §24]
COMMISSION;
REGULATION
     463.113
     (2) The Superintendent of State Police
shall:
     (a) Adopt and enforce rules for conducting
professional boxing and mixed martial arts events that promote the safety and
best interest of the contestants and of the public.
     (b) License and regulate participants and
officials for all professional boxing and professional and amateur mixed
martial arts events in this state.
     (c) Establish and utilize the most
efficient methods available for compiling boxing and mixed martial arts event
results and record keeping and for communication of results and records.
     (d) Make available upon request the
records of every participant in and the results of every boxing and mixed
martial arts event subject to regulation under this chapter.
     (e) The provisions of this subsection do
not apply to entertainment wrestling.
     (3) If, in the judgment of the
superintendent, it is necessary to protect the public interest or the health or
safety of boxing, mixed martial arts or entertainment wrestling participants,
the superintendent may temporarily suspend, without prior notice or hearing,
any license issued pursuant to this chapter until a final determination is made
by the superintendent. If no hearing is held prior to the suspension, the
suspended licensee may apply to the superintendent for a hearing to determine
if the suspension should be modified, set aside or continued. The application
for a hearing shall be in writing and must be received by the superintendent
within 30 days of the date of suspension. The superintendent shall set the
matter for hearing within 30 days of receipt of the written request of the
suspended licensee.
     (4) Whenever any promoter fails to make a
report of any event within the period prescribed by this chapter, or whenever a
required report is unsatisfactory, the superintendent or a designee of the
superintendent may examine, or cause to be examined, the books and records of
the promoter and any other persons or organizations, and subpoena and examine
under oath such persons for the purpose of determining the total amount of the
gross receipts for any event and the amount of tax due pursuant to this
chapter. The superintendent may fix and determine the tax as a result of the
examination described in this subsection.
     (5) The superintendent may delegate to the
Oregon State Athletic Commission any of the powers described in subsection (2)
of this section. [1987 c.789 §3; 1991 c.211 §4; 1993 c.742 §§123,123a; 1993
c.744 §§210,210a; 2003 c.142 §3; 2003 c.653 §1; 2007 c.585 §6]
     463.115 [1963 c.426 §3; 1965 c.200 §7; repealed by
1987 c.789 §24]
     463.120 [Amended by 1963 c.426 §8; 1965 c.200 §8;
repealed by 1987 c.789 §24]
     463.125
Members; term; officers; administrator; qualifications; meetings; voting; expenses. (1) The Oregon State Athletic Commission
shall consist of five members appointed by the Superintendent of State Police
for terms of four years. A member may not serve more than two terms. Membership
shall represent distinct geographic areas. The
     (2) The chairperson and vice chairperson
shall be elected from among the members at the first meeting of each calendar
year or when a vacancy exists.
     (3) An administrator shall be appointed by
the superintendent using the State Personnel Relations Law to establish
suitable qualifications and compensation. The administrator shall be required
to demonstrate adequate knowledge and experience related to boxing and mixed
martial arts.
     (4) The superintendent may employ other
personnel as necessary.
     (5) The commission may meet once a month
at a time and place agreed upon. Special additional meetings may be called by
the administrator or at the request of one or more members of the commission.
     (6) Three members of the commission shall
constitute a quorum.
     (7) Three votes shall constitute a
majority.
     (8) Members of the commission and representatives
of the commission shall be paid per diem and travel expenses as designated
under ORS 292.495 when conducting the business of the commission. [1987 c.789 §4;
1993 c.742 §124; 1993 c.744 §211; 2007 c.585 §7]
     463.130 [Amended by 1955 c.426 §1; 1965 c.200 §9;
1975 c.409 §1; repealed by 1987 c.789 §24]
     463.135 [1987 c.789 §5; 1991 c.211 §5; repealed by
2007 c.585 §28]
     463.140 [Amended by 1965 c.200 §10; repealed by 1987
c.789 §24]
     463.145
Prohibited financial interest or investment. (1) A member of the Oregon State Athletic Commission may not have any
financial interest or investment in any professional boxer, mixed martial arts
competitor or entertainment wrestler.
     (2) A member of the commission may not
have any financial interest or investment in any boxing, mixed martial arts or
entertainment wrestling event or promotion or any person or promoter involved
in a boxing, mixed martial arts or entertainment wrestling event or promotion.
     (3) An official, judge, referee,
inspector, timekeeper or other employee or representative of the commission may
not:
     (a) Have any financial interest or
investment in a professional boxer or mixed martial arts competitor or an
entertainment wrestler, nor in any person or promoter involved in promotion of
a boxing, mixed martial arts or entertainment wrestling event, nor in any
individual promotion of an event.
     (b) Be an officer in a national or
international sanctioning organization.
     (4) The Superintendent of State Police may
not have any financial interest or investment in:
     (a) Any professional boxer, mixed martial
arts competitor or entertainment wrestler.
     (b) Any boxing, mixed martial arts or
entertainment wrestling event or promotion or any person or promoter involved
in a boxing, mixed martial arts or entertainment wrestling event or promotion.
     (5) Notwithstanding subsection (3) of this
section and ORS 244.040, an official may be compensated by a promoter for
services performed in relation to an event authorized under this chapter. [1987
c.789 §7; 1993 c.742 §125; 1993 c.744 §211a; 2003 c.142 §4; 2007 c.585 §12]
     463.149
     (2) The term of office of each committee
member is four years, but committee members serve at the pleasure of the
superintendent. A committee member may not serve more than two consecutive
terms, except that a committee member serves until a successor is appointed and
qualified. If there is a vacancy for any cause, the superintendent shall make
an appointment to become immediately effective for the unexpired term.
     (3) A committee member is entitled to the
same compensation and expenses provided for members of the Oregon State
Athletic Commission under ORS 463.125.
     (4) A majority of the members of the
committee constitutes a quorum for the transaction of business.
     (5) The committee shall gather, assess and
update, when necessary, medical data for the purpose of recommending to the
commission:
     (a) Fitness criteria for contestants to be
applied in prefight medical examinations;
     (b) Medical procedures and substances
allowed for use by seconds in a contestantÂ’s corner;
     (c) Emergency procedures for ring
injuries;
     (d) Post-fight examination and treatment
procedures; and
     (e) Safety equipment required to promote
the best interests of the contestants.
     (6) The committee shall periodically
present to the commission the proposed safety and medical procedures developed
under subsection (5) of this section for discussion and consideration for adoption.
     (7) The committee shall identify and
nominate for approval by the commission a sufficient number of qualified
licensed physicians to serve as ringside physicians for boxing and mixed
martial arts events held throughout this state.
     (8) A member of the committee who has been
nominated by the committee and approved by the commission may serve as a
ringside physician. [2007 c.585 §9]
     463.150 [Amended by 1981 c.376 §1; repealed by 1987
c.789 §24]
     463.155
Authority of commission to appoint inspectors; duties. (1) The Oregon State Athletic Commission
shall appoint a sufficient number of inspectors, who shall be paid as
determined by the commission. The appointed inspectors shall serve as tax
assessors for the commission for the boxing, mixed martial arts or
entertainment wrestling events that the inspectors are assigned to and shall:
     (a) Oversee ticket sales to the event; and
     (b) Count and report the total ticket
sales and the gross receipts from the total ticket sales to the commission
within 72 hours after the conclusion of the event.
     (2) The inspector for a boxing, mixed
martial arts or entertainment wrestling event shall verify the accuracy of the
promoterÂ’s account and the amount of the taxed gross receipts for any event to
which the inspector is assigned by the commission.
     (3) An appointed inspector may be
designated by the commission to act as a representative of the commission in
overseeing the conduct of a boxing or mixed martial arts event. [1987 c.789 §6;
1987 c.788 §7; 2003 c.142 §5; 2007 c.585 §13]
     463.160 [Repealed by 1959 c.160 §1]
     463.165
Authority of superintendent to license officials; qualifications; license
denial. (1) The
Superintendent of State Police shall license referees, judges and timekeepers
who shall be assigned to officiate at boxing and mixed martial arts events held
in this state. Licensed referees, judges and timekeepers shall be paid by the
superintendent at rates the superintendent considers reasonable.
     (2) The Oregon State Athletic Commission
shall recommend, and the superintendent shall adopt without change, reasonable
qualifications for licensure as a promoter, manager, matchmaker, professional
boxer, professional or amateur mixed martial arts competitor, judge, referee,
second or timekeeper.
     (3) The superintendent may deny an
application for a license when the applicant has failed to meet the established
qualifications or has violated any provisions of this chapter or any rule
adopted pursuant to this chapter. [1987 c.789 §8; 1993 c.742 §126; 1993 c.744 §211b;
2007 c.585 §14]
     463.170 [Amended by 1965 c.200 §11; 1967 c.611 §1;
repealed by 1987 c.789 §24]
     463.175
Objection to contest by city or county; filing with commission. Nothing in this chapter prevents any county
or city from objecting to the holding of, or participating in, any boxing,
mixed martial arts or entertainment wrestling event. Any objection must be
filed in writing with the Oregon State Athletic Commission. [1987 c.789 §13;
1991 c.211 §6; 2007 c.585 §15]
     463.180 [Repealed by 1987 c.789 §24]
     463.185
Authority of superintendent to enforce chapter; revocation, suspension and
denial of licenses; hearing; civil penalty; rules. (1) The Superintendent of State Police shall
have the sole jurisdiction and authority to enforce the provisions of this
chapter. The superintendent or the designee of the superintendent may
investigate any allegations of activity that may violate the provisions of this
chapter.
     (2) The superintendent or the designee of
the superintendent is authorized to enter at reasonable times and without
advance notice, any place of business or establishment where activity alleged
to be in violation of this chapter may occur.
     (3) The superintendent may revoke or
suspend the license of any judge, professional boxer or mixed martial arts
competitor, manager, referee, timekeeper, second, matchmaker or promoter for:
     (a) Violating this chapter or any rule
adopted under this chapter.
     (b) Engaging in an activity regulated
under this chapter in connection with a boxing or mixed martial arts event that
is not approved by the superintendent.
     (c) Participating as a contestant in a
boxing or mixed martial arts event if another contestant is either unlicensed
by the superintendent or has been determined to be medically unqualified as
provided in ORS 463.047.
     (d) Participating as an official in a
boxing or mixed martial arts event if a contestant is either unlicensed by the
superintendent or has been determined to be medically unqualified as provided
in ORS 463.047.
     (e) Failing to comply with a valid order
of the superintendent.
     (f) Aiding and abetting violations of this
chapter or rules adopted under this chapter.
     (g) Being convicted of a crime that bears
upon the exercise of the privileges granted to the holder of the license.
     (4) The superintendent shall deny an
application for a license when the applicant does not possess the requisite
qualifications.
     (5) The superintendent may hold a hearing
regarding allegations that any person has violated or failed to comply with
this chapter.
     (6) In addition to the denial, revocation
or suspension of a license, the superintendent may order the forfeiture of the
payment of the purse or any portion of the purse of any professional boxer or
mixed martial arts competitor or manager for the violation of any provision of
this chapter or any rule adopted pursuant to this chapter.
     (7)(a) The superintendent may impose a
civil penalty in an amount not to exceed $100,000, to be paid by any promoter,
matchmaker, professional boxer or mixed martial arts competitor, manager or any
other participant licensed by the superintendent, for the violation of this
chapter or any rule adopted pursuant to this chapter. The penalty shall be
deposited in the subaccount of the State Police Account established under ORS
181.175.
     (b) The Oregon State Athletic Commission
shall recommend, and the superintendent shall adopt without change, rules that
establish a method for determining the amount of a civil penalty assessed under
this subsection. The rules must include, but need not be limited to,
consideration of the gross receipts from the sale of tickets if the violation
is related to an event, the severity of the violation for which the penalty is
to be imposed and the number of previous violations committed by the person on
whom the penalty is to be imposed.
     (8) When conducting a contested case
hearing under ORS chapter 183 held pursuant to this chapter, the superintendent
or designee of the superintendent may administer oaths to witnesses, receive
evidence and issue subpoenas to compel the attendance of witnesses and the
production of papers and documents related to matters under investigation.
     (9) The commission shall recommend, and
the superintendent shall adopt without change, rules requiring contracts
between professional boxers or mixed martial arts competitors and managers or
promoters to conform to standards determined by the commission to protect the
best interests of contestants and the public. The rules must include, but need
not be limited to, a requirement that each contestant shall receive at least
66-2/3 percent of that contestantÂ’s contracted portion of the gross purse for
each event in which the professional boxer or mixed martial arts competitor
participates. A professional boxing or professional mixed martial arts event
may not take place in this state unless the superintendent determines that the
contractual arrangements for the event conform to the rules adopted under this
subsection.
     (10) The provisions of this section do not
apply to a promoter of or a participant in entertainment wrestling. [1987 c.789
§10; 1991 c.211 §7; 1993 c.742 §127; 1993 c.744 §212; 2003 c.142 §6; 2007 c.585
§16]
     463.190 [Repealed by 1987 c.789 §24]
     463.195
Commission subject to ORS 291.201 to 291.222, 291.232 to 291.260 and 291.990. (1) The Oregon State Athletic Commission is
subject to the provisions of ORS 291.201 to 291.222, including but not limited
to the provisions of those sections relating to changes and revisions by the
Governor in budget estimates and requests.
     (2) The commission and its officers and
employees are subject to the provisions of ORS 291.232 to 291.260 and 291.990. [1987
c.789 §10a; 2007 c.585 §17]
     463.200
Commission considered criminal justice agency. For purposes of ORS 181.511 to 181.575, the
Oregon State Athletic Commission shall be considered a criminal justice agency.
[1987 c.789 §18; 2007 c.585 §18]
     463.210
Organizations exempt from licensing and bonding provisions. (1) The promoting, conducting or maintaining
of a boxing or mixed martial arts event when conducted by educational
institutions, Oregon National Guard Units, United States Amateur Boxing, Inc.,
or any other amateur athletic organizations duly recognized by the Oregon State
Athletic Commission is exempt from the licensing and bonding provisions of this
chapter if none of the participants in the event receives a monetary
remuneration, purse or prize for performance or services.
     (2) The licensing and bonding provisions
of this chapter do not apply to:
     (a) Any nonprofit amateur athletic associations
organized under the laws of this state, including their affiliated membership
clubs throughout the state that have been recognized by the commission.
     (b) Any events between students of
educational institutions that are conducted by a college, school or university
as part of the institutionÂ’s athletic program.
     (c) Events between members of any troop,
battery, company or units of the Oregon National Guard. [1987 c.789 §11; 2007
c.585 §19]
     463.220
Deposit of revenues. All
revenue obtained under this chapter from license fees, bonds and gross receipts
taxes, and any other income received under this chapter, shall be deposited in
the subaccount of the State Police Account established under ORS 181.175. [Formerly
463.350]
TAX ON GROSS
RECEIPTS
     463.310
Definitions for ORS 463.113, 463.155, 463.320, 463.330, 463.340 and 463.370. As used in ORS 463.113, 463.155, 463.320,
463.330, 463.340 and 463.370:
     (1) “Gross receipts” means the
consideration, whether money, credits, rights or other property, received from
the sale of tickets or other admissions indicia or the right to admission,
without any deduction.
     (2) “Gross receipts” does not include
gross receipts from admissions to:
     (a) Events conducted or sponsored by any
nonprofit amateur athletic association organized under the laws of this state,
including their affiliated membership clubs throughout the state that have been
recognized by the Oregon State Athletic Commission.
     (b) Events between students of educational
institutions conducted or sponsored by a college, school or university as part
of their athletic program.
     (c) Events between members of any troop,
battery, company or units of the Oregon National Guard. [1987 c.788 §5; 1993
c.587 §4; 2003 c.653 §2; 2007 c.585 §20]
     463.320
Imposition of tax; amount; report; rules; payment. (1) For the privilege of engaging in
professional boxing, mixed martial arts or entertainment wrestling, a tax is
imposed upon the gross receipts from the sale of tickets or other fees charged
for admission to a professional boxing, mixed martial arts or entertainment
wrestling event held in this state. The amount of the tax is six percent of the
total gross receipts from the sale of the tickets or other fees for admission
to the event.
     (2) Any person licensed under this chapter,
and who holds or conducts a boxing, mixed martial arts or entertainment
wrestling event shall:
     (a) Prior to the holding of any boxing,
mixed martial arts or entertainment wrestling event, furnish to the
Superintendent of State Police a statement containing the name of each
contestant and the names of the managers.
     (b) No later than 72 hours after the
conclusion of the boxing, mixed martial arts or entertainment wrestling event,
file with the superintendent a written report, duly verified in accordance with
rules recommended by the Oregon State Athletic Commission and adopted by the
superintendent, stating the number and price of tickets or other admissions
indicia or rights to admission sold, the total gross receipts from the sales
and any other information required under rules recommended by the commission
and adopted by the superintendent. The superintendent shall adopt rules
recommended by the commission under this subsection.
     (c) Pay to the Department of State Police,
at the time of filing the report required under paragraph (b) of this
subsection, a tax equal to six percent of the total gross receipts from the
sale of the tickets or other admissions indicia to the event. [1987 c.788 §§2,3;
1993 c.742 §§128,128a; 1993 c.744 §§213,213a; 2003 c.142 §7; 2003 c.653 §3;
2007 c.585 §21]
     463.322
Persons exempt from tax.
Nothing in ORS 463.015, 463.035, 463.113, 463.310, 463.320 and 463.322 is
intended to tax subscribers to pay-per-view telecasts or cable system operators
in this state. [1993 c.587 §6]
     Note: 463.322 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 463 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     463.330
Amateur events; admission fee; tax. When an admission fee is charged by any person conducting or
sponsoring an amateur boxing, mixed martial arts or entertainment wrestling
event, the tax imposed by ORS 463.320 shall apply to the gross receipts from
the admissions and the statement filed and tax paid by the conducting or
sponsoring person. [1987 c.788 §4; 2003 c.142 §8; 2007 c.585 §22]
     463.340
Effect of failure to file report. (1) If any licensee required to file a report under ORS 463.320 and
463.330 shall fail to make that report within the time prescribed, or if the
report is unsatisfactory to the Superintendent of State Police, the
superintendent shall examine or cause to be examined the books and records of
the licensee. The superintendent may subpoena and examine under oath the
licensee or any other person or persons as the superintendent considers
necessary to determine the amount of the total gross receipts from the boxing,
wrestling or entertainment wrestling event and the amount of the tax thereon.
If, upon completion of the examination, it is determined that an additional tax
is due, notice thereof shall be served upon the licensee, and if the licensee
fails to pay the additional tax within 20 days after service of the notice, the
license of the licensee shall be revoked under ORS 463.185. In addition, the
licensee and the members thereof shall be subject to a civil penalty imposed as
provided under ORS 463.185 (7).
     (2) No licensee or person shall fail to
pay the tax imposed by ORS 463.320 or 463.330 or to make, sign or verify any
report or to supply any information required by the superintendent in
connection with the taxes imposed under ORS 463.320 and 463.330. [1987 c.788 §6;
1993 c.742 §129; 1993 c.744 §213b; 2003 c.142 §9]
     463.350 [1987 c.789 §15; 1987 c.788 §9; 1993 c.742 §130;
1993 c.744 §214; renumbered 463.220 in 1993]
     463.360
Payment of salaries and expenses. The salaries and expenses of the members and employees and the
operating expenses of the Oregon State Athletic Commission shall be paid out of
the subaccount of the State Police Account established under ORS 181.175 from
moneys received under this chapter. [1987 c.789 §17; 1987 c.788 §10; 1991 c.211
§8; 1993 c.742 §131; 1993 c.744 §215; 2007 c.585 §23]
     463.370
Distribution of tax revenues.
After deduction of administrative costs of the Oregon State Athletic Commission
established under ORS 463.113, 75 percent of the remaining gross receipts tax,
as described in ORS 463.320 and deposited in the subaccount of the State Police
Account established under ORS 181.175, shall be credited to and deposited in
the subaccount established pursuant to section 36 (2), chapter 1084, Oregon
Laws 1999, or a successor subaccount, account or fund. [1987 c.788 §11; 1989
c.650 §1; 1993 c.742 §132; 1993 c.744 §216; 1999 c.1084 §47; 2007 c.585 §24]
FEE ON TICKET
SALES
     463.500
Fee; deposit of moneys; grants to amateur boxing organizations; rules. (1) In addition to any other fees or taxes
required under this chapter, a promoter shall pay to the Oregon State Athletic
Commission a fee of $1 for each ticket sold for admission to a live
professional boxing event held in this state.
     (2) Subsection (1) of this section does
not apply to a live professional boxing event held on land controlled by an
Oregon Indian tribe. However, an Oregon Indian tribe may make a contribution to
the commission for the purposes of subsection (3) of this section.
     (3) All moneys collected from the fee
imposed under subsection (1) of this section shall be deposited into the
subaccount established in the State Police Account under ORS 181.175 (2). The
moneys deposited in the subaccount are continuously appropriated to the Oregon
State Athletic Commission in the Department of State Police to be used by the
commission to award grants to amateur boxing organizations in this state.
     (4) The commission shall adopt by rule the
manner in which:
     (a) The fees required under subsection (1)
of this section must be paid; and
     (b) Applications for grants may be
submitted to the commission and the standards to be used to award the grants to
amateur boxing organizations in this state.
     (5) The commission shall monitor the
amateur boxing organizations that receive grants under this section to
determine the success of the grant program.
     (6) As used in this section, “amateur
boxing organization” means a locally operated boxing club that is registered
with the Oregon Association of United States Amateur Boxing, Inc. [2001 c.446 §2;
2007 c.585 §25]
     463.810 [1971 c.743 §301; repealed by 1987 c.789 §24]
PENALTIES
     463.990 [Repealed by 1987 c.789 §24]
     463.995
Penalties. (1) A person who
violates a provision of this chapter or any rule adopted under this chapter
commits a Class A misdemeanor.
     (2) Whenever it appears that any person
has violated or is threatening to violate any of the provisions of this chapter
or of the rules adopted under this chapter, the Attorney General at the request
of the Superintendent of State Police may cause a civil suit to be instituted
in the circuit court for injunctive relief to restrain such person from
continuing the violation. [1987 c.789 §19; 1993 c.742 §133; 1993 c.744 §216a]
_______________
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