2006 Utah Code - 13-33-301 — Licensing.

     13-33-301.   Licensing.
     (1) A license is required for a person to act as or to represent that the person is a:
     (a) promoter;
     (b) manager;
     (c) contestant;
     (d) second;
     (e) referee;
     (f) judge; or
     (g) security guard.
     (2) The commission shall issue to a person who qualifies under this chapter a license in the classifications of:
     (a) promoter;
     (b) manager;
     (c) contestant;
     (d) second;
     (e) referee;
     (f) judge; or
     (g) security guard.
     (3) All moneys collected pursuant to this section and Sections 13-33-304, 13-33-403, and 13-33-504 shall be deposited in the Commerce Service Fund.
     (4) Each applicant for licensure as a promoter shall:
     (a) submit an application in a form prescribed by the commission;
     (b) pay the fee determined by the department under Section 63-38-3.2;
     (c) provide to the commission evidence of financial responsibility which shall include financial statements and other information that the commission may reasonably require to determine that the applicant or licensee is able to competently perform as and meet the obligations of a promoter in this state;
     (d) produce information, documentation, and assurances as may be required to establish by a preponderance of the evidence the applicant's reputation for good character, honesty, integrity, and responsibility, which shall include information, documentation, and assurances that the applicant:
     (i) has not and at the time of application is not associating or consorting with a person engaging in illegal activity to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (ii) has not been convicted of a crime in any jurisdiction which the commission determines by the nature of the crime and circumstances surrounding the crime should disqualify the applicant from licensure in the public interest;
     (iii) is not associating or consorting with a person who has been convicted of a felony in any jurisdiction to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (iv) is not associating or consorting with a person engaging in illegal gambling or similar pursuits to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the

applicant or a licensed contestant;
     (v) is not engaging in illegal gambling with respect to sporting events or gambling with respect to the promotions the applicant is promoting;
     (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged in or attempted to engage in any fraud or misrepresentation in connection with a contest or any other sporting event; and
     (vii) has not been found in an administrative, criminal, or civil proceeding to have violated or attempted to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating to the regulation of contests in this state or any other jurisdiction;
     (e) acknowledge in writing to the commission receipt, understanding, and intent to comply with this chapter and the rules made under this chapter; and
     (f) if requested by the commission or the secretary, meet with the commission or the secretary to examine the applicant's qualifications for licensure.
     (5) Each applicant for licensure as a contestant shall:
     (a) be not less than 18 years of age at the time the application is submitted to the commission;
     (b) submit an application in a form prescribed by the commission;
     (c) pay the fee established by the department under Section 63-38-3.2;
     (d) provide a certificate of physical examination, dated not more than 60 days prior to the date of application for license, in a form provided by the commission, completed by a licensed physician and surgeon certifying that the applicant is free from any physical or mental condition that indicates the applicant should not engage in activity as a contestant;
     (e) provide the commission with an accurate history of all matches that the applicant has engaged in since becoming a contestant, including information on whether the applicant won or lost each contest, and the matches in which there was a knockout or technical knockout;
     (f) produce information, documentation, and assurances as may be required to establish by a preponderance of the evidence the applicant's reputation for good character, honesty, integrity, and responsibility, which shall include information, documentation, and assurances that the applicant:
     (i) has not and at the time of application is not associating or consorting with a person engaging in illegal activity to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (ii) has not been convicted of a crime in any jurisdiction which the commission determines by the nature of the crime and circumstances surrounding that crime should disqualify the applicant from licensure in the public interest;
     (iii) is not associating or consorting with any person who has been convicted of a felony in any jurisdiction to the degree that the commission finds that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (iv) is not associating or consorting with a person engaging in illegal gambling or similar pursuits or a person gambling with respect to the promotion for which the applicant is receiving a license to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;

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     (v) is not engaging in illegal gambling with respect to sporting events or gambling with respect to a contest in which the applicant will participate;
     (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged in or attempted to have engaged in any fraud or misrepresentation in connection with a contest or any other sporting event; and
     (vii) has not been found in an administrative, criminal, or civil proceeding to have violated or attempted to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating to the regulation of contests in this state or any other jurisdiction;
     (g) acknowledge in writing to the commission receipt, understanding, and intent to comply with this chapter and the rules made under this chapter; and
     (h) if requested by the commission or the secretary, meet with the commission or the secretary to examine the applicant's qualifications for licensure.
     (6) Each applicant for licensure as a manager or second shall:
     (a) submit an application in a form prescribed by the commission;
     (b) pay a fee determined by the department under Section 63-38-3.2;
     (c) produce information, documentation, and assurances as may be required to establish by a preponderance of the evidence the applicant's reputation for good character, honesty, integrity, and responsibility, which shall include information, documentation, and assurances that the applicant:
     (i) has not and at the time of application is not associating or consorting with a person engaging in illegal activity to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (ii) has not been convicted of a crime in any jurisdiction which the commission determines by the nature of the crime and circumstances surrounding that crime should disqualify the applicant from licensure in the public interest;
     (iii) is not associating or consorting with any person who has been convicted of a felony in any jurisdiction to the degree that the commission finds that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (iv) is not associating or consorting with a person engaging in illegal gambling or similar pursuits or a person gambling with respect to the promotion for which the applicant is receiving a license to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (v) is not engaging in illegal gambling with respect to sporting events or gambling with respect to a contest in which the applicant is participating;
     (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged in or attempted to have engaged in any fraud or misrepresentation in connection with a contest or any other sporting event; and
     (vii) has not been found in an administrative, criminal, or civil proceeding to have violated or attempted to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating to the regulation of contests in this state or any other jurisdiction;
     (d) acknowledge in writing to the commission receipt, understanding, and intent to comply with this chapter and the rules made under this chapter; and

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     (e) if requested by the commission or secretary, meet with the commission or the secretary to examine the applicant's qualifications for licensure.
     (7) Each applicant for licensure as a referee or judge shall:
     (a) submit an application in a form prescribed by the commission;
     (b) pay a fee determined by the department under Section 63-38-3.2;
     (c) produce information, documentation, and assurances as may be required to establish by a preponderance of the evidence the applicant's reputation for good character, honesty, integrity, and responsibility, which shall include information, documentation, and assurances that the applicant:
     (i) has not and at the time of application is not associating or consorting with a person engaging in illegal activity to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (ii) has not been convicted of a crime in any jurisdiction which the commission determines by the nature of the crime and circumstances surrounding the crime should disqualify the applicant from licensure in the public interest;
     (iii) is not associating or consorting with any person who has been convicted of a felony in any jurisdiction to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (iv) is not associating or consorting with a person engaging in illegal gambling or similar pursuits or a person gambling with respect to the promotion for which the applicant is receiving a license to the extent that the association or consorting represents a threat to the conduct of contests in the public's interest within the state, or a threat to the health, safety, and welfare of the applicant or a licensed contestant;
     (v) is not engaging in illegal gambling with respect to sporting events or gambling with respect to a contest in which the applicant is participating;
     (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged in or attempted to have engaged in any fraud or misrepresentation in connection with a contest or any other sporting event; and
     (vii) has not been found in an administrative, criminal, or civil proceeding to have violated or attempted to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating to the regulation of contests in this state or any other jurisdiction;
     (d) acknowledge in writing to the commission receipt, understanding, and intent to comply with this chapter and the rules made under this chapter;
     (e) provide evidence satisfactory to the commission that the applicant is qualified by training and experience to competently act as a referee or judge in a contest; and
     (f) if requested by the commission or the secretary, meet with the commission or the secretary to examine the applicant's qualifications for licensure.
     (8) Each applicant for licensure as a security guard shall:
     (a) submit an application in a form prescribed by the commission;
     (b) pay the fee determined by the department under Section 63-38-3.2; and
     (c) provide the commission with evidence of the applicant's qualifications as a security guard.
     (9) (a) A licensee serves at the pleasure, and under the direction, of the commission

while participating in any way at a contest.
     (b) A licensee's license may be suspended, or a fine imposed, if the licensee does not follow the commission's direction at an event or contest.

Amended by Chapter 72, 2006 General Session