A.R.S. tit. 5 ch. 2 — Arizona Revised Statutes Title 5 Chapter 2 — Boxing And Mixed Martial Arts

5-221. Definitions In this article, unless the context otherwise requires: 1. "Boxing": (a) Means the act of attack and defense with the fists, using padded gloves, that is practiced as a sport. (b) Includes kickboxing, if applicable. 2. "Combatant" means any person who practices the sport of unarmed combat. 3. "Commission" means the Arizona state boxing and mixed martial arts commission. 4. "Contest" means any boxing or mixed martial arts bout, event, contest, match or exhibition between two combatants. 5. "Department" means the department of gaming. 6. "Director" means the director of the department. 7. "Executive director" means the executive director of the commission. 8. "Kickboxing" means a form of boxing, including muay thai pursuant to rules and regulations of the United States muay thai association or another muay thai sanctioning body that is approved by the commission, 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. 9. "Mixed martial arts" means any form of competition or contest, other than boxing or kickboxing, in which blows are delivered and in which the combatants use any combination of tactics, including boxing, wrestling, striking, kicking, martial arts and submission techniques. 10. "Professional" means any person who competes for any money prize or a prize that exceeds the value of $35 or teaches, pursues or assists in the practice of boxing or mixed martial arts as a means of obtaining a livelihood or pecuniary gain. 11. "Tough man contest": (a) Means any boxing match that consists of one-minute rounds between two or more persons who use their hands, wearing padded gloves that weigh at least twelve ounces, or their feet, or both, in any manner. (b) Does not include kickboxing or any recognized martial arts competition. 5-222. Application of this chapter A. This chapter does not apply to any amateur boxing or mixed martial arts contest conducted by the following: 1. Any school, community college, college or university or an association or organization composed exclusively of schools, community colleges, colleges or universities if each combatant is a student enrolled in a school, community college, college or university. For the purposes of this paragraph, "school, community college, college or university" means every school, community college, college or university and every other school, community college, college or university determined by the state board of education, community college districts as defined in section 15-1401 or the Arizona board of regents to be maintained primarily for the giving of general academic education. 2. A government unit or agency of the United States, this state or a political subdivision of this state or a unit of the United States armed forces or the national guard if all combatants are members of that unit of the armed forces or the national guard. 3. An amateur athletic program that is authorized by and sanctioned under the rules, regulations and policies of a national governing body that is recognized by the United States olympic committee in which all combatants are amateur combatants. 4. Kickboxing events that are sanctioned by and conducted under the direct supervision of the United States muay thai association or another muay thai sanctioning body that is approved by the commission if all combatants are amateur combatants. 5. Any bona fide private school whose primary purpose is instruction and training in the martial arts, if: (a) The contests held in conjunction with the instruction and training are amateur. (b) The contests are of a sparring nature with no official decisions awarded. (c) At least one combatant in each contest has been a member in good standing of the sponsoring private school for at least sixty continuous days before the contest. (d) An admission fee or a mandatory donation or other form of payment is not charged for attendance. 6. Any bona fide private school whose primary purpose is instruction in karate, if the contests held in conjunction with the instruction are amateur. B. An amateur mixed martial arts combatant shall not be licensed as a professional mixed martial arts combatant until the person has completed five or more verified amateur contests that are regulated by the commission or by a sanctioning body that is approved by the commission. The five-contest requirement prescribed by this subsection may be waived by the commission or by the executive director. 5-223. Arizona state boxing and mixed martial arts commission; appointment; terms; compensation; conflict of interest; emergency ringside meetings A. The commission consists of three members appointed by the governor pursuant to section 38-211. The term of office of commissioners is three years. The term of one member shall expire on the third Monday in January each year. B. Two members of the commission constitute a quorum for conducting business. A concurrence of two members is necessary to render a decision by the commission. Emergency ringside meetings held immediately before and after a scheduled contest for the purpose of determining whether there has been a violation of the rules and regulations of the commission or this chapter are exempt from title 38, chapter 3, article 3.1. C. The commissioners shall receive compensation as determined pursuant to section 38-611 for each day they act in their official capacity, not to exceed one hundred days each year. D. A commissioner shall not during the commissioner's term of office promote, sponsor or have any financial interest in a combatant, a boxing contest or in the premises leased for a boxing contest. E. The executive director, all commissioners and all department and commission employees shall complete a conflict-of-interest disclosure form on initial appointment as a commissioner and on hiring as a new employee. The executive director, all commissioners and all employees shall submit an updated conflict-of-interest disclosure form annually if any conflict-of-interest information has changed. 5-224. Division of boxing and mixed martial arts regulation; powers and duties A. A division of boxing and mixed martial arts regulation is established in the department to provide staff support for the Arizona state boxing and mixed martial arts commission. Subject to title 41, chapter 4, article 4, the director of the department shall appoint an executive director to perform the duties prescribed in this article. The resources for the Arizona state boxing and mixed martial arts commission shall come from monies appropriated to the department from the racing regulation fund established by section 5-113.01 or from other sources prescribed in section 5-225, subsection D. B. The commission shall obtain from a physician licensed to practice in this state rules and standards for the physical examination of combatants and referees. A schedule of fees to be paid physicians by the promoter or matchmaker for the examination shall be set by the commission. C. The commission may adopt and issue rules pursuant to title 41, chapter 6 to carry out the purposes of this chapter. D. The commission shall hold regular meetings at least quarterly and in addition may hold special meetings. Except as provided in section 5-223, subsection B, all meetings of the commission shall be open to the public and reasonable notice of the meetings shall be given pursuant to title 38, chapter 3, article 3.1. E. The commission shall: 1. Make and maintain a record of the acts of the division, including the issuance, denial, renewal, suspension or revocation of licenses. 2. Keep records of the commission open to public inspection at all reasonable times. F. The commission may enter into intergovernmental agreements with Indian tribes, tribal councils or tribal organizations to provide for the regulation of boxing and mixed martial arts contests on Indian reservations. This chapter does not diminish the authority of the department. 5-225. Regulation of boxing contests, tough man contests and mixed martial arts; fees A. All boxing contests are subject to this chapter and to rules adopted pursuant to this chapter. The commission, for every contest that is subject to regulation by the commission, shall: 1. Direct a person authorized by the commission or by the executive director to be present. 2. Direct the person authorized to report results, including suspensions, to a national registry. B. All tough man contests, including amateur tough man contests, are subject to this chapter. Every combatant in a tough man contest shall wear headgear approved by the commission. C. Mixed martial arts, including amateur mixed martial arts, are subject to this chapter and to rules adopted pursuant to this chapter, including rules adopted for boxing that are not inconsistent with specific mixed martial arts contest provisions and rules. Combatants in mixed martial arts shall not strike other combatants in the spinal column or in the back of the head. The commission may use rules for mixed martial arts that are consistent with the mixed martial arts unified rules adopted by a boxing commission or any alternative rules of mixed martial arts approved by another jurisdiction within the United States. This subsection does not prevent a promoter of a mixed martial arts event in this state from adopting more restrictive rules for that particular event than would otherwise be allowed. In addition to any applicable provisions of the mixed martial arts rules adopted by the commission, amateur mixed martial arts bouts shall consist of three rounds of three minutes per round and the amateur combatants shall not strike with elbows to the head of a grounded opponent, use twisting leg submissions, use linear kicks to the knee joint or use foot stomps. Amateur mixed martial arts bouts shall be clearly designated as such in all promotional materials and at the event. D. The commission may establish a uniform nonrefundable fee for mixed martial arts and boxing events in an amount determined by the commission that shall be paid to the commission by a promoter when submitting an event application. In determining the amount of the fee, the executive director may consider factors, including whether the event is televised, whether the event will be transmitted on pay-per-view, the amount of time likely to be expended in processing the event application and the complexity of the application. The commission may establish a nonrefundable fee that shall be paid to the commission by a promoter if the promoter submits a request to change a previously approved event date. Monies that are derived from the fees charged pursuant to this subsection and monies derived from intergovernmental tribal agreements shall be available to the commission for the administration and regulation of mixed martial arts and boxing, and those monies are exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. Weigh-ins for all contests shall not be more than one calendar day before the scheduled time of the event or less than three hours before the scheduled time of the event. A representative of the commission shall attend and supervise all weigh-ins. 5-226. Levy of tax on gross receipts; disposition; verification and financial audit; definition A. Any person who promotes a boxing contest in this state pursuant to this article shall comply with rules adopted pursuant to this article and shall within ten days after the contest pay to the department four percent of the gross receipts, after the deduction of city, state and federal taxes, of the match or exhibition. B. The department shall verify the gross receipts of a contest. The director may require a person licensed under this article to supply a certified financial audit to the department. The director shall adopt rules that require each person licensed under this article to select a certified public accountant to conduct the financial audit. The financial statements prepared pursuant to this section shall be prepared in accordance with generally accepted accounting principles and shall include any additional schedules the director requires. A person subject to a financial audit under this section shall afford reasonable and needed facilities and make returns and exhibits to the department in the form and at the time prescribed by the director. C. At the end of each month the director of the department of gaming shall report to the department of administration the total amount received under this chapter from all sources, including license fees, and shall deposit that amount, pursuant to sections 35-146 and 35-147, in the unarmed combat subaccount of the event wagering fund established by section 5-1318. D. A promoter may issue complimentary tickets that are exempt from taxation pursuant to this title. If a promoter issues complimentary tickets, the exemption from taxation applies to two percent of the total number of tickets issued for the event or seventy-five tickets, whichever is greater. E. The department shall collect and account for revenues for the commission, including license fees required by section 5-230, the levy of the tax on gross receipts imposed by this section and the cash bond or surety bond deposited pursuant to section 5-229. The director shall report and deposit all revenues collected pursuant to this subsection, from whatever source, pursuant to subsection C of this section. The director shall adopt rules as necessary to accomplish the purposes of this section. F. For the purposes of this section, "gross receipts" means all receipts from the face value of tickets sold. 5-227. Jurisdiction of commission A. The commission shall: 1. Except for the financial and accounting functions delegated to the director pursuant to section 5-226, have sole direction, management, control and jurisdiction over all boxing and mixed martial arts contests held within this state unless exempt from the application of this chapter by section 5-222. 2. Have sole control, authority and jurisdiction over all licenses required by this chapter. B. The commission shall grant a license to an applicant if in the judgment of the commission the financial responsibility, experience, character and general fitness of the applicant are such that the applicant's participation is consistent with the public interest, convenience or necessity and the best interests of boxing and in conformity with the purposes of this chapter. The commission may delegate the commission's licensing authority to the commission's executive director. 5-228. Persons required to procure licenses; requirements; background information; fee; bond; examination results A. All referees, judges, matchmakers, promoters, trainers, ring announcers, timekeepers, ringside physicians, inspectors, mixed martial arts combatants, boxers, managers and seconds are required to be licensed by the commission. The commission shall not allow any of these persons to participate in holding any contest unless the person has first procured a license. B. Before participating in holding any boxing or mixed martial arts contest, a corporation, its officers and directors and any person that holds twenty-five percent or more of the ownership of the corporation shall obtain a license from the commission. Such a corporation must be authorized to do business under the laws of this state. C. The commission shall require referees, judges, matchmakers, promoters and managers to furnish fingerprints and background information pursuant to section 41-1750, subsection G before licensure. The commission shall charge a fee for fingerprints and background information in an amount determined by the commission. The commission may require referees, judges, matchmakers, promoters and managers to furnish fingerprints and background information pursuant to section 41-1750, subsection G before license renewal if the commission determines the fingerprints and background information are necessary. The fee may include a reasonable charge for expenses incurred by the commission or the department of public safety. For such purpose, the commission and the department of public safety may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3. The fee shall be credited pursuant to sections 35-148 and 41-1750. D. Before the commission issues a license to a promoter, matchmaker or corporation, the applicant shall: 1. Provide the commission with a copy of any agreement between any combatant and the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage of the gate receipts. 2. Show on the application the owner or owners of the applicant entity and the percentage interest if they hold twenty-five percent or more interest in the applicant. 3. Provide the commission with a copy of the latest financial statement of the entity. 4. Provide the commission with a copy of the insurance contract required by this chapter. E. Before the commission issues a license to a promoter, the applicant shall deposit with the department a cash bond or surety bond in an amount set by the commission. The bond shall be executed in favor of this state and shall be conditioned on the faithful performance by the promoter of the promoter's obligations pursuant to this chapter and the rules adopted pursuant to this chapter. F. Before the commission issues a license to a referee or combatant, the applicant shall submit to the commission the results of a current medical examination performed by a physician licensed in the United States on forms furnished or approved by the commission. In addition to the medical examination, the following information must be submitted: 1. The results of an ophthalmological examination that is recorded on forms furnished or approved by the commission. 2. For combatants, negative test results for the human immunodeficiency virus, the hepatitis B surface antigen and the hepatitis C antibody. 3. For combatants who are at least thirty-eight years of age, the results of a stress test that is administered by a physician licensed in the United States and that is accompanied by a clearance letter and the results of an electrocardiogram that demonstrates normal cardiovascular function. These results shall be completed within twenty-four months before the person submits the license application. 4. For combatants who are at least forty years of age, if recommended by an examining physician, the results of a brain magnetic resonance imaging scan. 5. For female combatants, a pregnancy test that demonstrates a negative result. A pregnancy test that demonstrates a negative result shall also be submitted to the commission by a female combatant before each weigh-in. 6. Any other examination or testing ordered by the commission. G. All medical examinations and tests, license applications, national identification card applications, photographs and any other required documents must be completed and received by the commission staff not later than 4:30 p.m. on the day that begins forty-eight hours before the scheduled event. An exception to the forty-eight-hour requirement prescribed in this subsection may be granted by the executive director if a person is a late substitute or is traveling from outside this state and demonstrates good cause for not meeting the forty-eight-hour requirement. 5-229. Promoters; licenses; bond; proof of financial responsibility A. The commission may in its discretion withhold the granting of a license to a promoter until the applicant furnishes proof of his financial responsibility to promote contests in accordance with section 5-226, subsection B and the rules adopted by the director. The commission may issue a license to conduct, hold or give boxing contests to any qualified person or to a corporation duly authorized to do business under the laws of this state. B. In addition to the cash bond or surety bond required pursuant to section 5-228, subsection E, the commission may require a promoter to deposit with the department prior to each contest a cash bond or surety bond in an amount set by the commission as a guarantee for the fulfillment of the promoter's contract obligations for that contest, the payment of licenses and taxes on gross receipts of that contest and reimbursement to ticket purchasers if the contest is not held as advertised. 5-230. License fees; expiration; renewal; medical examinations A. The commission may establish and issue annual licenses and may establish and collect fees for those licenses. The commission shall deposit the license fees in the unarmed combat subaccount in the event wagering fund established by section 5-1318. B. A license expires at midnight three hundred sixty-five days after the date of issuance and may be renewed on filing an application for renewal of a license with the commission and payment of the license fee prescribed in subsection A of this section. The application for renewal of a license shall be on a form provided by the commission. There is a thirty-day grace period during which a license may be renewed if a late filing penalty fee equal to the license fee is submitted with the regular license fee. A licensee that files late shall not conduct any activity regulated by this chapter until the commission has renewed the license. If the licensee fails to apply to the commission within the thirty-day grace period, the licensee must apply for a new license pursuant to subsection A of this section. C. The results of all combatant medical examinations expire three hundred sixty-five days after the date the medical examination is performed. The commission may grant a grace period of up to fifteen days to align with the licensing period. 5-231. Financial interest in combatant prohibited A person shall not have, either directly or indirectly, any financial ownership interest in a combatant competing on premises owned or leased by the person, or in which the person is otherwise interested. 5-232. Age of participants A person who is under eighteen years of age shall not participate in any boxing or mixed martial arts contest. 5-233. Combatants and referees; physical examination; attendance of physician; payment of fees; insurance A. All boxers, mixed martial arts combatants and referees shall be examined by a physician licensed pursuant to title 32, chapter 13 or 17 before entering the ring, and the examining physician shall immediately file with the commission a written report of the examination. The physician's report of the examination shall include specific mention as to the condition of the boxer's or mixed martial arts combatant's heart and general physical condition. The physician's report may include specific mention as to the condition of the boxer's or mixed martial arts combatant's nerves and brain as required by the commission. The cost of the examination is payable by the person conducting the contest or exhibition. All boxers and mixed martial arts combatants shall receive a post-bout physical examination from a physician licensed pursuant to title 32, chapter 13 or 17 and may be suspended from participation in additional contests for a period of time based on the evaluation by the examining physician. B. Every person holding or sponsoring any contest shall have in attendance at every contest regulated by the commission at least one physician who is licensed pursuant to title 32, chapter 13 or 17 and who is assigned by the commission or the executive director. The commission may establish a schedule of fees to be paid to each physician by the person or by the promoter. C. The commission shall: 1. Require insurance coverage for a combatant to provide for medical, surgical and hospital care for injuries sustained in the ring in an amount of $20,000 with $25 deductible and payable to the combatant as beneficiary. Insurance coverage required pursuant to this paragraph is the primary insurance and shall be exhausted before a combatant uses any other form of insurance. 2. Require life insurance for a combatant in the amount of $50,000 payable in case of accidental death resulting from injuries sustained in the ring. D. The cost of the insurance required by this section and any deductible amount of more than $25 is payable by the promoter. 5-234. Attendance by peace officers; duty of chief of police or sheriff; private security If a contest is held within the corporate limits of a city or town, the promoter shall request that the chief of police assign not less than one officer to attend the contest, and if a contest is held outside the corporate limits of a city or town, the promoter shall request that the county sheriff assign not less than one of the sheriff's deputies to attend. The officer or deputy shall be charged with the duty of preventing disturbances amounting to breach of the peace by spectators. The cost of providing such officer or deputy shall be paid by the promoter. If law enforcement officers or sheriff's deputies are not available to attend the contest, the commission may grant the promoter permission to use private security services to attend the contest. 5-235.01. Disciplinary action; grounds; civil penalty; emergency suspension; injunction A. The commission may take any one or a combination of the following disciplinary actions: 1. Revoke a license. 2. Suspend a license. 3. Impose a civil penalty in an amount of not more than $1,000 per violation of this chapter. B. The commission may take disciplinary action or refuse to issue or renew a license for any of the following causes: 1. Committing an act involving dishonesty, fraud or deceit with the intent to substantially benefit oneself or another or substantially injure another. 2. Advertising by means of known false, misleading, deceptive or fraudulent statements through any communication medium. 3. Violating this chapter or any rule adopted pursuant to this chapter. 4. Making oral or written false statements to the commission. 5. Failing to complete the license application as prescribed by the commission. C. The commission may conduct tests for the use of alcohol and drugs determined by the commission to impair combatants. Notwithstanding any other provision of this article, the commission may immediately suspend the license of, immediately revoke the license of or immediately impose a civil penalty of not more than $500 against a combatant, or any combination of these actions, if the combatant tests positive for alcohol and drugs, refuses or fails to take a test for alcohol and drugs under rules adopted by the commission or refuses or fails to take a test for alcohol and drugs after a test is requested by the commission or the executive director. All civil penalties assessed pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. The rules adopted pursuant to this subsection may include appropriate definitions for drugs determined by the commission to impair combatants. D. In case of emergency, a member of the commission, on the member's own motion or on the verified complaint of any person charging a violation of this chapter or of the rules adopted by the commission, may suspend for a period of not to exceed ten days any license until final determination by the commission, if in the member's opinion the action is necessary to protect the public welfare and the best interests of boxing. E. The commission, the attorney general or a county attorney may apply to the superior court in the county in which acts or practices of any person that constitute a violation of this chapter or the rules adopted pursuant to this chapter are alleged to have occurred for an order enjoining those acts or practices. 5-236. Violations; classification A. A person is guilty of a class 1 misdemeanor and may be subject to license revocation, denial or suspension if the person conducts, holds, sponsors, sanctions or gives boxing or other contests that are subject to regulation by the commission without first procuring an appropriate license or approval as prescribed in this article. B. A person is guilty of a class 2 misdemeanor and may be subject to license revocation, denial or suspension if the person does either of the following: 1. Participates in any contest that is subject to regulation by the commission without first procuring an appropriate license or approval as prescribed in this article. 2. Violates this chapter or any rule or regulation adopted pursuant to this chapter. 5-237. Selection of referees The commission shall select and assign referees. The matchmaker may protest the assignment of a referee and request a referee reassignment. In such an event the commission shall make a reasonable effort to grant the request for referee reassignment. 5-238. Sham contest; withholding a purse A. The commission may withhold all or part of a purse or other monies payable to any combatant, manager or second if in the judgment of the commission a combatant is participating in a sham or fake contest or is otherwise not competing honestly or to the best of the combatant's ability. B. If the commission withholds a purse or part of a purse or other monies, the commission shall give notice to all interested parties and hold a hearing on the matter within ten days. C. If the commission determines that a combatant, manager or second is not entitled to a purse, part of a purse or other monies, the promoter shall turn such monies over to the director to be applied pursuant to section 5-1318, subsection C. 5-239. Judicial review Except as provided in section 41-1092.08, subsection H, final decisions of the commission are subject to judicial review pursuant to title 12, chapter 7, article 6. 5-240. Reciprocity Notwithstanding section 5-228, a person is entitled to receive a license under this chapter if he complies with the requirements of each of the following: 1. Submits to the commission under oath an application for a license on a form supplied by the commission. 2. Is licensed in another state in which the licensing requirements are at least substantially equivalent to those of this state and which grants similar reciprocal privileges to persons licensed under this chapter. 3. Pays the prescribed fees.