Chapter 142 Oregon Laws 2003

AN ACT

HB 3581

Relating to regulation of wrestling; amending ORS 463.015, 463.035, 463.113, 463.145, 463.155, 463.185, 463.320, 463.330 and 463.340; and providing for revenue raising that requires approval by a three-fifths majority.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 463.015 is amended to read:

463.015. As used in this chapter:

(1) “Boxing” means a contest other than as described in subsection [(6)] (7) of this section 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, and 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) “Cable system operator” means a person or group of persons who:

(a) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or

(b) Controls or is responsible for, through an arrangement, the management and operation of the cable system.

(3) “Commission” means the Oregon State Boxing and Wrestling Commission.

(4) “Department” means the Department of State Police.

(5) “Entertainment wrestling” means a 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, extreme fighting and wrestling by the fact that the outcome of the performance is predetermined.

[(5)] (6) “Exhibition” means a demonstration of boxing or wrestling skills.

[(6)] (7) “Extreme fighting” means a no-holds-barred match, competition or exhibition that combines elements of boxing, wrestling or martial arts without a system of rules approved by the Oregon State Boxing and Wrestling Commission.

[(7)] (8) “Judge” means a person licensed by the Superintendent of State Police who is at ringside during a boxing or wrestling match and who has the responsibility of scoring the performance of the participants in the match.

[(8)] (9) “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 wrestler in procuring or arranging the conduct of any professional boxing or wrestling match in which the boxer or wrestler is a participant as a contestant.

(b) Receives or is entitled to receive more than 10 percent of the gross purse of any professional boxer or wrestler for any services related to such boxer’s or wrestler’s participation in a professional boxing contest.

(c) Is an officer, director or stockholder of any corporation which receives or is entitled to receive more than 10 percent of the gross purse of any professional boxer or wrestler for any services relating to such boxer’s or wrestler’s participation in a professional boxing or wrestling contest.

(d) Directs or controls the professional boxing activities of any professional boxer or wrestler.

(e) Attends the professional boxer or wrestler at ringside or purports to be the professional boxer’s or wrestler’s manager.

[(9)] (10) “Matchmaker” means a person licensed or issued a permit by the superintendent who is employed by or associated with a promoter in the capacity of booking and arranging boxing or wrestling matches between opponents and for whose activities in this regard the promoter is legally responsible.

[(10)] (11) “Pay-per-view” means a closed circuit telecast, regardless of the delivery system used, that is not intended to be available for viewing without the payment of a fee, whether collected or based on each event viewed, for the privilege of viewing the telecast.

[(11)] (12) “Person” includes an individual, association, partnership or corporation.

[(12)] (13) “Professional boxer or wrestler” means a person licensed by the superintendent who competes for a money prize, purse or compensation in a boxing or wrestling contest, exhibition or match held within this state.

[(13)] (14) “Promoter” means a corporation, partnership, association, individual or other organization licensed by the superintendent who arranges, gives, holds or conducts a boxing or wrestling contest, match or exhibition or an entertainment wrestling performance in this state and who is legally responsible for the lawful conduct of such boxing or wrestling contest, match or exhibition or entertainment wrestling performance. “Promoter” includes:

(a) A person who holds distribution rights to a closed circuit telecast of a boxing or wrestling event that occurs within or outside this state and who sells the rights to a cable system operator in this state.

(b) A person who holds the distribution rights to a pay-per-view telecast of a boxing or wrestling event that occurs within or outside this state and who sells the ability to receive the telecast to a person who charges an admission for the right to view the telecast in this state.

(c) A person who holds distribution rights to a closed circuit telecast of a boxing or wrestling event that occurs within this state and who sells the rights to another for broadcast within or outside this state. “Promoter” does not include a cable system operator.

[(14)] (15) “Superintendent” means the Superintendent of State Police.

[(15)] (16) “Wrestling” includes any form of fighting other than as described in subsections (1), (5) and [(6)] (7) of this section, between contestants in which the contestants deliver blows to an opponent’s body or apply holds to the opponent’s body with the intent to punish, immobilize or throw the opponent, with the possible effect of rendering the opponent unable to continue the contest.

SECTION 2. ORS 463.035 is amended to read:

463.035. (1) No person shall act as a promoter of [either] boxing, [or] wrestling or entertainment wrestling until the person has been licensed pursuant to this chapter.

(2) The application for a promoter’s license shall be made upon a form furnished by the Superintendent of State Police and shall be accompanied by an annual license fee in an amount to be determined by the superintendent.

(3) Before a license is issued to any promoter of boxing,[or] wrestling or entertainment wrestling, the applicant for such license must 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 conditioned upon the occurrence of the following:

(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.

(d) Payment of reimbursement to the superintendent of the cost of approval of an event canceled by the promoter without good cause.

(e) Payment of compensation to inspectors, referees, timekeepers, judges and event physicians.

(4) If the circumstances of an event to be promoted so require, the superintendent may increase the face amount of the corporate surety bond previously filed with the superintendent in compliance with this section.

(5) 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.

(6) The following persons must possess a promoter’s license issued pursuant to this chapter:

SECTION 3. ORS 463.113 is amended to read:

463.113. (1) There is created in the Department of State Police the Oregon State Boxing and Wrestling Commission which shall regulate the promotion of all professional boxing and wrestling matches and exhibitions and entertainment wrestling performances within the boundaries of the State of Oregon. The commission shall recommend, and the Superintendent of State Police shall adopt without change, rules for the conduct of professional boxing and wrestling that promote the safety and best interest of the contestants and of the public.

(2) The superintendent has the following powers:

(a) To enforce rules for the conduct of professional boxing and wrestling that promote the safety and best interest of the contestants and of the public.

(b) To license and regulate participants and officials for all professional boxing and wrestling matches and exhibitions in this state.

(c) To establish and utilize the most efficient methods available for compiling boxing results and record keeping and for communication of results and records.

(d) Upon request, to make results of every boxing and wrestling event within its jurisdiction, and records of any contestant who participates in events within its jurisdiction, available to state agencies of another state charged with regulatory authority over boxing and wrestling events in that state, to record keeping organizations and to other interested persons and to receive and give effect to the regulatory orders of any agency of another state charged with regulatory authority over boxing and wrestling events in that state.

(e) The provisions of this subsection do not apply to entertainment wrestling.

(3)(a) The superintendent may temporarily suspend, without prior notice or hearing, any license issued pursuant to this chapter until final determination by the superintendent, if, in the judgment of the superintendent, the action is necessary to protect the public interest or the health or safety of boxing and wrestling participants. 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 after the date of suspension. The superintendent shall set the matter for hearing within 30 days after receipt of the written request of the suspended licensee.

(b) Notwithstanding the grounds for suspension of a license under paragraph (a) of this subsection, the license of a promoter of an entertainment wrestling performance may be suspended only if the licensee fails to provide to the superintendent, at least 10 days prior to the performance, an affidavit that certifies that all participants who are going to participate in the entertainment wrestling performance are free from blood borne pathogens.

(4) Whenever any promoter fails to make a report of any contest or event within the period prescribed by this chapter, or whenever such 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 contest or 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 Boxing and Wrestling Commission any of the powers described in subsection (2) of this section.

(6) The superintendent by rule may require a cable system operator to report within 10 days following a boxing or wrestling event the number of orders for a closed circuit telecast of the event that the operator sold to its customers in this state and the face value of those orders.

SECTION 4. ORS 463.145 is amended to read:

463.145. (1) No member of the Oregon State Boxing and Wrestling Commission shall have any financial interest or investment in any professional boxer or wrestler or entertainment wrestler.

(2) No member of the commission shall have any financial interest or investment in any boxing, [or] wrestling or entertainment wrestling promotion or any person or promoter involved in boxing, [or] wrestling or entertainment wrestling promotion.

(3) No official, judge, referee, inspector, timekeeper or other employee or representative of the commission shall:

(a) Have any financial interest or investment in any professional boxer or wrestler or entertainment wrestler, nor in any person or promoter involved in promotion of boxing, [or] wrestling or entertainment wrestling cards, nor in any individual promotion of said cards.

(b) Be an officer in a national or international sanctioning organization.

(4) The Superintendent of State Police shall not have any financial interest or investment in:

(a) Any professional boxer or wrestler or entertainment wrestler.

(b) Any boxing, [or] wrestling or entertainment wrestling promotion or any person or promoter involved in boxing, [or] wrestling or entertainment wrestling.

SECTION 5. ORS 463.155 is amended to read:

463.155. (1) The Oregon State Boxing and Wrestling Commission shall appoint a sufficient number of inspectors who shall be paid as the commission designates. The appointed inspectors shall serve as tax assessors for the commission, overseeing ticket sales and count, and reporting the totals of each boxing and wrestling match or exhibition and each entertainment wrestling performance to the commission within 72 hours.

(2) The designated inspector for a boxing or wrestling match or an entertainment wrestling performance shall verify the accuracy of the promoter’s account and the amount of the taxed gross receipts for any match, [or] exhibition or performance to which said 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 the overseeing of the conduct of a boxing or wrestling match.

SECTION 6. ORS 463.185 is amended to read:

463.185. (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 shall investigate any allegations of activity which 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, upon recommendation of the Oregon State Boxing and Wrestling Commission, may revoke or suspend the license or permit of any judge, boxer, wrestler, manager, referee, timekeeper, second, matchmaker or promoter for:

(a) Violating this chapter or any rule adopted under this chapter.

(b) Engaging in activity in this state covered by the license or permit, in connection with a boxing or wrestling contest, match or exhibition, that is not approved by the superintendent.

(c) Participating as a contestant in a boxing or wrestling contest, match or exhibition in which another contestant is either unlicensed by the superintendent or is medically unqualified as provided in ORS 463.135 (4), (5) and (6).

(d) Participating as an official in a boxing or wrestling contest, match or exhibition in which a contestant is either unlicensed by the superintendent or is medically unqualified as provided in ORS 463.135 (4), (5) and (6).

(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 license or permit privilege.

(4) The superintendent shall deny an application for a license when the applicant does not possess the requisite qualifications.

(5) The superintendent shall 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, upon recommendation of the commission, may order the forfeiture of the payment of the purse or any portion thereof of any boxer, wrestler or manager for the violation of this chapter or any rule adopted pursuant to this chapter.

(7) The superintendent may impose a civil penalty in an amount not to exceed $2,500 to be paid by any promoter, matchmaker, boxer, wrestler, 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.

(8) In the conduct of any contested case hearing under ORS 183.310 to 183.550 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 that require that contracts between promoters and professional boxers and between professional boxers and managers conform to standards calculated by the commission to enhance the best interests of contestants and the public, including but not limited to the requirement that no professional boxer shall receive less than 66-2/3 percent of the gross purse for any contest in which the boxer participates. No boxing contest shall take place in this state unless the superintendent approves the contractual arrangements therefor in light of the standards contained in the rules so adopted.

(10) The provisions of this section do not apply to a promoter of or participant in entertainment wrestling.

SECTION 7. ORS 463.320 is amended to read:

463.320. (1) For the privilege of engaging in the activity of professional boxing or wrestling 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 or wrestling event or an entertainment wrestling event held within 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, [or] wrestling or entertainment wrestling event shall:

(a) No later than three days prior to the holding of any boxing, [or] wrestling or entertainment wrestling event, furnish to the Superintendent of State Police a statement containing the name of each contestant or participant and the names of the manager or managers.

(b) No later than 72 hours after termination of the boxing,[or] wrestling or entertainment wrestling event, file with the superintendent a written report, duly verified in accordance with rules recommended by the Oregon State Boxing and Wrestling Commission and adopted by the superintendent, stating the number of tickets or other admissions indicia or rights to admission sold, the price or prices for which 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 statement 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.

(3) Any person licensed under this chapter who holds the distribution rights of a closed circuit telecast of a boxing or wrestling event that occurs within or outside this state and who sells the rights to a cable system operator in this state shall within 30 days after the telecast event:

(a) File with the superintendent a written report on a form provided by the superintendent. The report shall include the number of orders sold by the cable system operator to its customers in this state and the face value of those orders.

(b) Pay a tax equal to six percent of the face value of the orders sold by the cable system operator to its customers in this state. The person shall pay the tax by cashier’s check or money order payable to the department and attached to the report required under paragraph (a) of this subsection.

(4) Any person licensed under this chapter who holds distribution rights to a pay-per-view telecast of a boxing or wrestling event that occurs within or outside this state and who sells the ability to receive the telecast to a person who charges an admission fee for the right to view the telecast in this state shall within 72 hours after an event:

(a) File with the superintendent a written report on a form provided by the superintendent. The report shall include the number of orders sold to persons charging an admission fee for the right to view the telecast in this state and the total gross receipts from such sales.

(b) Pay a tax equal to six percent of the total gross receipts for a sale. The tax must be paid by cashier’s check or money order payable to the department and attached to the report required under paragraph (a) of this subsection.

(5) Any person licensed under this chapter who holds distribution rights to a closed circuit telecast of a boxing or wrestling event that occurs within this state and who sells the rights to another for broadcast within or outside this state shall within 72 hours after the event:

(a) File with the superintendent a written report on a form provided by the superintendent. The report shall include the gross receipts received from the sale to another of the distribution rights for the broadcast within or outside this state of a boxing or wrestling event that takes place in this state.

(b) Pay a tax equal to six percent of the total gross receipts for a sale of the distribution rights to another for broadcast within or outside this state. The tax must be paid by cashier’s check or money order payable to the department and attached to the report required under paragraph (a) of this subsection.

SECTION 8. ORS 463.330 is amended to read:

463.330. (1) When an admission fee is charged by any person conducting or sponsoring an amateur boxing, [or] wrestling or entertainment wrestling event, the tax imposed by ORS 463.320 (1) and (2) shall apply to the gross receipts from the admissions and the statement filed and tax paid by the conducting or sponsoring person.

(2) The Oregon State Boxing and Wrestling Commission shall designate what percentage of the proceeds of the gross receipts from the conduct of an amateur boxing, [or] wrestling or entertainment wrestling event shall be donated to participating amateur boxing associations and shall cause that percentage to be distributed to those associations.

SECTION 9. ORS 463.340 is amended to read:

463.340. (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, [or] 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.

Approved by the Governor May 28, 2003

Filed in the office of Secretary of State May 28, 2003

Effective date January 1, 2004

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