CHAPTER 22. BOXING AND MIXED MARTIAL ARTS
IC 4-33-22
Chapter 22. Boxing and Mixed Martial Arts
IC 4-33-22-1
"Boxing"
Sec. 1. As used in this chapter, "boxing" means the art of attackand defense with the fists, or feet in the case of kickboxing, practicedas a sport.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-2
"Mixed martial arts"
Sec. 2. As used in this chapter, "mixed martial arts" means theunarmed physical confrontation of persons involving the use, subjectto limitations as established by the commission, of a combination oftechniques from different disciplines of the martial arts, includinggrappling, kicking, and striking.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-3
"Professional boxer"
Sec. 3. As used in this chapter, "professional boxer" means aperson who competes for money, teaches, pursues, or assists in thepractice of boxing as a means to obtain a livelihood or pecuniarygain.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-4
"Matchmaker"
Sec. 4. As used in this chapter, "matchmaker" means a personwho, under contract, agreement, or other arrangement with a boxer,acts as a booker, an agent, a booking agent, or a representative tosecure:
(1) an engagement; or
(2) a contract;
for the boxer.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-5
"Sparring"
Sec. 5. As used in this chapter, "sparring" means combat in whichparticipants intend to and actually:
(1) inflict kicks, punches, and blows; and
(2) apply other techniques;
that may reasonably be expected to inflict injury on an opponent ina contest, exhibition, or performance.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-6
"Promoter" Sec. 6. (a) As used in this chapter, and except as provided insection 18 of this chapter, "promoter" means the person primarilyresponsible for organizing, promoting, and producing a professionalboxing or sparring, professional unarmed combat, or professionalwrestling match, contest, or exhibition.
(b) The term does not include a hotel, casino, resort, or othercommercial establishment hosting or sponsoring a professionalboxing or sparring, professional unarmed combat, or professionalwrestling match, contest, or exhibition, unless:
(1) the hotel, casino, resort, or other commercial establishmentis primarily responsible for organizing, promoting, andproducing the match, contest, or exhibition; and
(2) there is no other person primarily responsible fororganizing, promoting, and producing the match, contest, orexhibition.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-7
"Unarmed combat"
Sec. 7. As used in this chapter, "unarmed combat" means thepractice, or any related practice, of mixed martial arts or martial arts.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-8
"Unarmed competitor"
Sec. 8. As used in this chapter, "unarmed competitor" means aperson who engages in an unarmed combat match, contest,exhibition, or performance.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-9
"Fund"
Sec. 9. (a) As used in this chapter, "fund" refers to the athleticfund created by this section.
(b) The athletic fund is created for purposes of administering thischapter. The fund shall be administered by the Indiana gamingcommission.
(c) Expenses of administering the fund shall be paid from moneyin the fund.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the state general fund.
(e) The fund consists of:
(1) appropriations made by the general assembly;
(2) fees collected under this chapter; and
(3) penalties collected under this chapter.
(f) An amount necessary to administer this chapter is continuallyappropriated from the fund to the Indiana gaming commission.
(g) If the balance in the fund at the end of a particular fiscal year
exceeds one hundred thousand dollars ($100,000), the amount thatexceeds one hundred thousand dollars ($100,000) reverts to the stategeneral fund.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-10
Commission duties
Sec. 10. The commission shall ensure the:
(1) safety of participants in;
(2) fairness of; and
(3) integrity of;
sparring, boxing, and unarmed combat matches or exhibitions inIndiana.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-11
Appointment of personnel; powers of secretary; issuance of legaldocuments
Sec. 11. (a) The executive director of the commission may appointand remove deputies for use by the commission. The commissionshall, when the commission considers it advisable, direct a deputy tobe present at any place where sparring, boxing, or unarmed combatmatches or exhibitions are to be held under this chapter. The deputiesshall ascertain the exact conditions surrounding the match orexhibition and make a written report of the conditions in the mannerand form prescribed by the commission.
(b) The executive director of the commission may appoint andremove a secretary for the commission, who shall:
(1) keep a full and true record of all the commission'sproceedings;
(2) preserve at its general office all the commission's books,documents, and papers; and
(3) prepare for service notices and other papers as may berequired by the commission.
The executive director of the commission may employ only suchclerical employees as are actually necessary and fix their salaries asprovided by law.
(c) The executive director of the commission or a deputyappointed under subsection (a) may execute orders, subpoenas,continuances, and other legal documents on behalf of thecommission.
(d) All expenses incurred in the administration of this chaptershall be paid from the fund upon appropriation being made for theexpenses.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-12
Adoption of rules
Sec. 12. (a) In accordance with IC 35-45-18-1(b), the commissionmay adopt rules under IC 4-22-2 to regulate the conduct of the
following:
(1) Mixed martial arts.
(2) Martial arts, including the following:
(A) Jujutsu.
(B) Karate.
(C) Kickboxing.
(D) Kung fu.
(E) Tae kwon do.
(F) Judo.
(G) Sambo.
(H) Pankration.
(I) Shootwrestling.
(3) Professional wrestling.
(4) Boxing.
(5) Sparring.
(b) The commission may adopt emergency rules underIC 4-22-2-37.1 if the commission determines that:
(1) the need for a rule is so immediate and substantial that theordinary rulemaking procedures under IC 4-22-2 are inadequateto address the need; and
(2) an emergency rule is likely to address the need.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-13
Authority of commission over matches and exhibitions; license andpermit requirement
Sec. 13. (a) Boxing, sparring, and unarmed combat matches orexhibitions, whether or not for prizes or purses, may be held inIndiana.
(b) The commission:
(1) has the sole direction, management, control, and jurisdictionover all boxing, sparring, and unarmed combat matches orexhibitions to be conducted, held, or given in Indiana; and
(2) may issue licenses for those matches or exhibitions.
(c) A boxing, sparring, or unarmed combat match or an exhibitionthat is:
(1) conducted by any school, college, or university withinIndiana; or
(2) sanctioned by United States Amateur Boxing, Inc.;
is not subject to the provisions of this chapter requiring a license.The term "school, college, or university" does not include a schoolor other institution for the principal purpose of furnishing instructionin boxing, or other athletics.
(d) Except as provided under section 18 of this chapter, noboxing, sparring, or unarmed combat match or exhibition, except asprovided in this chapter, may be held or conducted within Indianaexcept under a license and permit issued by the commission inaccordance with this chapter and the rules adopted under thischapter.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-14
Annual licenses; event permits; penalties
Sec. 14. (a) The commission may:
(1) cause to be issued an annual license in writing for holdingboxing, sparring, or unarmed combat matches or exhibitions toany person who is qualified under this chapter; and
(2) adopt rules to establish the qualifications of the applicants.
(b) In addition to a general license, a person must, beforeconducting any particular boxing, sparring, or unarmed combatmatch or exhibition where one (1) or more contests are to be held,obtain a permit from the commission.
(c) Annual licenses may be revoked or suspended by thecommission upon hearing and proof that any holder of an annuallicense has violated this chapter or any rule or order of thecommission.
(d) A person who knowingly, recklessly, or intentionally conductsa boxing, sparring, or unarmed combat match or exhibition withoutfirst obtaining a license or permit commits a Class B misdemeanor.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-15
Applications
Sec. 15. (a) Applications for licenses or permits to conduct orparticipate in, either directly or indirectly, a boxing, sparring, orunarmed combat match or exhibition must be:
(1) made in writing upon forms prescribed by the commissionand shall be addressed to and filed with the gamingcommission; and
(2) verified by the applicant, if an individual, or by an officer ofthe club, corporation, or association in whose behalf theapplication is made.
(b) The application for a permit to conduct a particular boxing,sparring, or unarmed combat match or exhibition must, among otherthings, state:
(1) the time and exact place at which the boxing, sparring, orunarmed combat match or exhibition is proposed to be held;
(2) the names of the contestants who will participate and theirseconds;
(3) the seating capacity of the buildings or the hall in whichsuch exhibition is proposed to be held;
(4) the proposed admission charge;
(5) the amount of the compensation percentage of gate receiptsthat is proposed to be paid to each of the participants;
(6) the name and address of the applicant;
(7) the names and addresses of all the officers if the applicantis a club, a corporation, or an association; and
(8) the record of each contestant from a source approved by thecommission.
(c) The commission shall keep records of the names and addressesof all persons receiving permits and licenses.As added by P.L.113-2010, SEC.11.
IC 4-33-22-16
Submission of fingerprints and financial information; criminalhistory checks
Sec. 16. (a) As used in this section, "applicant" means a personapplying for a promoter's license or permit.
(b) The commission shall require an applicant to provide:
(1) information, including fingerprints, that is needed tofacilitate access to criminal history information; and
(2) financial information, to the extent allowed by law.
(c) The state police department shall:
(1) provide assistance in obtaining criminal history informationof an applicant; and
(2) forward fingerprints submitted by an applicant to theFederal Bureau of Investigation for the release of an applicant'scriminal history information for the purposes of licensure underthis chapter.
(d) The applicant shall pay any fees associated with the release ofthe criminal history information of the applicant.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-17
Licensing of promoters, participants, and other persons
Sec. 17. All promoters, either corporations or natural persons,physicians, referees, judges, timekeepers, matchmakers, professionalboxers, unarmed competitors, managers of professional boxers orunarmed competitors, trainers and seconds, shall be licensed asprovided in this chapter, and such a corporation or person may not bepermitted to participate, either directly or indirectly, in any suchboxing, sparring, or unarmed combat match or exhibition, or theholding thereof, unless the corporation and all such persons have firstprocured licenses. A contest conforming to the rules andrequirements of this chapter is not considered to be a prizefight.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-18
Amateur mixed martial arts; requirements
Sec. 18. (a) As used in this section, "amateur mixed martial arts"refers to mixed martial arts that is:
(1) performed for training purposes in a school or othereducational facility for no:
(A) purse; or
(B) prize with a value greater than one hundred dollars($100); or
(2) performed in a match, contest, exhibition, or performancefor no:
(A) purse; or
(B) prize with a value greater than one hundred dollars($100). (b) As used in this section, "promoter" means the person primarilyresponsible for organizing, promoting, and producing an amateurmixed martial arts match or exhibition. The term does not include ahotel, casino, resort, or other commercial establishment hosting orsponsoring an amateur mixed martial arts match unless:
(1) the hotel, casino, resort, or other commercial establishmentis primarily responsible for organizing, promoting, andproducing the match or exhibition; and
(2) there is no other person primarily responsible fororganizing, promoting, and producing the match or exhibition.
(c) For amateur mixed martial arts matches or exhibitions, only:
(1) a body sanctioning the match or exhibition; and
(2) the promoter of the match or exhibition;
must procure licenses under this chapter. The commission shalldevelop procedures and standards governing application for licensureand license renewal of bodies sanctioning a match or exhibition andpromoters under this section. The commission shall developprocedures for inspection and enforcement with respect to licensesissued under this subsection.
(d) The commission shall adopt rules under IC 4-22-2 to licensesanctioning bodies and promoters required to be licensed under thischapter.
(e) The commission shall adopt rules under IC 4-22-2 that applyto each match or exhibition covered under this section and thatdetermine requirements for the following:
(1) The presence of a medical doctor licensed under IC 25-22.5.
(2) The presence of an ambulance.
(3) Requirements for medical and life insurance to be carriedfor each participant.
(4) The need for medical tests, including:
(A) tests for HIV;
(B) pregnancy tests for women participants; and
(C) screening tests for illegal drugs.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-19
Eligibility for licenses and permits; nontransferability of licensesand permits
Sec. 19. A permit or license may not be issued to any person whohas not complied with this chapter or who, before the applications,failed to obey a rule or order of the commission. In the case of a club,corporation, or association, a license or permit may not be issued toit if, before its application, any of its officers have violated thischapter or any rule or order of the commission. A promoter,physician, referee, judge, timekeeper, matchmaker, professionalboxer, unarmed competitor, manager of a professional boxer orunarmed competitor, trainer, or second may not be licensed if theperson holds a federal gambling stamp. A license or permit whenissued must recite that the person to whom it is granted has compliedwith this chapter and that a license or permit is not transferable.As added by P.L.113-2010, SEC.11.
IC 4-33-22-20
Authority to limit number of matches or exhibitions
Sec. 20. The commission has full power and authority to limit thenumber of boxing, sparring, or unarmed combat matches orexhibitions to be held or given by any person, club, organization, orcorporation in any city or town in Indiana.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-21
Requirement to comply with terms of application
Sec. 21. (a) A person to whom a permit is issued may not:
(1) hold the match or exhibition at any other time or place;
(2) permit any other contestant to participate in the match orexhibition;
(3) charge a greater rate or rates of admission; or
(4) pay a greater fee, compensation, or percentage to contestantsthan that specified in the application filed before the issuanceof the permit.
(b) Notwithstanding subsection (a), in case of emergency thecommission may, upon application, allow a person to hold a boxing,sparring, or unarmed combat match or exhibition wherever andwhenever it considers fit within the city in which the person islocated and substitute contestants or seconds as circumstances mayrequire.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-22
Denial of license or permit; violation of laws or rules; hearing
Sec. 22. In case the commission refuses to grant a license orpermit to any applicant, the applicant, at the applicant's option, isentitled to a hearing in the manner provided by this chapter, but if thecommission, before the refusal, after a hearing, makes a valid findingthat the applicant has been guilty of disobeying any rule or order ofthe commission, or of any provision of this chapter, the applicant isnot entitled to a license or permit; and in case any boxing, sparring,or unarmed combat match, or exhibition has been conducted by anyperson, club, corporation, or association under this chapter, thecommission on its own motion, or on the petition of any resident ofIndiana, may conduct a hearing to determine whether such person,club, corporation, or association has disobeyed any rule or order ofthe commission or has been guilty of any violation of this chapter.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-23
Procedures for hearings
Sec. 23. Any hearing by the commission must be in accordancewith IC 4-21.5-3.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-24
Matches and exhibitions; site requirements
Sec. 24. All buildings or structures used, or in any way to be usedfor the purpose of holding or giving therein boxing, sparring, orunarmed combat matches or exhibitions, must be properly ventilatedand provided with fire exits and fire escapes, if necessary, and in allmanner must conform to the laws, ordinances, and regulationspertaining to buildings in the city or town where situated.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-25
Matches and exhibitions; age limits; gaming and other restrictions;penalties
Sec. 25. (a) A person shall not:
(1) permit any person less than eighteen (18) years of age toparticipate in any boxing or sparring match or exhibition;
(2) permit any gambling on the result of, or on any contingencyin connection with, any boxing or sparring match or exhibitionconducted by it; or
(3) participate in or permit any sham or collusive boxing orsparring match or exhibition.
(b) A person who violates this section, in addition to any criminalpenalty:
(1) shall have the person's license or permit revoked, suspended,or restricted by the commission;
(2) shall be placed on probation by the commission;
(3) shall pay a civil penalty imposed by the commission not toexceed one thousand dollars ($1,000);
(4) is ineligible for a license or permit at any future time; or
(5) is subject to the imposition by the commission of anycombination of the penalties set forth in subdivisions (1)through (4).
As added by P.L.113-2010, SEC.11.
IC 4-33-22-26
Participation in violation; penalties
Sec. 26. (a) A person shall not:
(1) participate in any sham or collusive boxing or sparringmatch or exhibition where the match or exhibition is conductedby a licensed person; or
(2) being less than eighteen (18) years of age, participate in anyboxing or sparring match or exhibition.
(b) For a first offense, in addition to the fine, a person who is alicensed contestant in Indiana and violates this section:
(1) shall have the person's license or permit revoked, suspended,or restricted by the commission;
(2) shall be placed on probation by the commission;
(3) shall pay a civil penalty imposed by the commission not toexceed one thousand dollars ($1,000);
(4) is ineligible for a license or permit at any future time; or (5) is subject to the imposition by the commission of anycombination of the penalties set forth in subdivisions (1)through (4).
For a second offense, a licensed contestant who violates this sectionmay be forever barred from receiving any license or permit orparticipating in any boxing or sparring match or exhibition inIndiana.
(c) A person who gambles on the result of, or on any contingencyin connection with, any boxing or sparring match or exhibition andis convicted under IC 35-45-5 shall, in addition to any criminalpenalty imposed, be penalized as provided in subsection (b).
As added by P.L.113-2010, SEC.11.
IC 4-33-22-27
Contestants; examinations; limitations on length of match orexhibition; required personnel at matches or exhibitions; penalties
Sec. 27. (a) Each contestant for boxing, sparring, or unarmedcombat shall be examined within two (2) hours before entering thering by a competent physician licensed under IC 25-22.5 appointedby the commission. The physician shall certify in writing that eachcontestant is physically fit to engage in the contest if the physicianso determines, and the physician's certificate shall be delivered to thecommission before the contest. The physician shall mail the reportof examination to the commission within twenty-four (24) hours afterthe contest. Blank forms of physicians' reports shall be furnished tophysicians by the commission, and questions on blank forms must beanswered in full. No match, contest, or exhibition shall be heldunless a licensed physician is in attendance. Any boxer or unarmedcompetitor who, in the opinion of the physician, is physically unfitto enter the match or exhibition shall be excused by the commissionor its deputy. During the conduct of the match or exhibition, thephysician may observe the physical condition of the boxers orunarmed competitors and if, in the opinion of the physician, anycontestant in any match or exhibition is physically unfit to continue,the physician shall advise the referee.
(b) A boxing or sparring match or exhibition may not last morethan twelve (12) rounds, and each round may not last more than three(3) minutes. There must not be less than a one (1) minuteintermission between each round. The commission may for any boutor any class of contestants limit the number of rounds of the boutwithin the maximum of twelve (12) rounds.
(c) Any contestant in a boxing or sparring match or an exhibitionmust wear standard gloves, weighing at least eight (8) ounces, andthe gloves worn by each of the contestants must be equal in weight.
(d) At each boxing, sparring, or unarmed combat match orexhibition there must be in attendance, at the expense of the personconducting the match or exhibition, a licensed referee who shalldirect and control the match or exhibition. Before starting eachcontest, the referee shall ascertain from each contestant the name ofthe contestant's chief second, and shall hold the chief second
responsible for the conduct of the chief second's assistant secondsduring the contest. The referee may declare forfeited a part or all ofany remuneration or purse belonging to the contestants, or one (1) ofthem, if, in the referee's judgment, the contestant or contestants arenot honestly competing. Any forfeited amount shall be paid into thefund.
(e) There must also be in attendance at the expense of the personconducting the match or exhibition three (3) licensed judges whoshall, at the termination of each boxing, sparring, or unarmed combatmatch or exhibition render their decisions as to the winner.
(f) A person who holds any boxing, sparring, or unarmed combatmatch or exhibition in violation of this section commits a Class Ainfraction.
(g) A physician who knowingly certifies falsely to the physicalcondition of any contestant commits a Class B infraction.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-28
Contestants; biennial licenses; fees
Sec. 28. (a) A contestant may not participate in any boxing,sparring, or unarmed combat match or exhibition unless registeredand licensed with the commission, which license must be renewedbiennially. The license fee and the renewal fee may not be less thanfive dollars ($5), paid at the time of the application for the license orrenewal.
(b) Any person who desires to be registered and licensed as acontestant shall file an application in writing with the executivedirector of the commission stating:
(1) the correct name of the applicant;
(2) the date and place of the applicant's birth;
(3) the place of the applicant's residence; and
(4) the applicant's employment, business, or occupation, if any.
The application must be verified under oath of the applicant. Anapplication for a renewal license must be in similar form.
(c) No assumed or ring names shall be used in any application norin any advertisement of any contest, unless the ring or assumed namehas been registered with the commission with the correct name of theapplicant.
(d) Each application for license by a contestant or for a licenserenewal must be accompanied by the certificate of a physicianresiding within Indiana who is licensed as provided in this article andhas practiced in Indiana for not less than five (5) years, certifyingthat the physician has made a thorough physical examination of theapplicant, and that the applicant is physically fit and qualified toparticipate in boxing, sparring, or unarmed combat matches orexhibitions.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-29
Referees and judges; biennial licenses Sec. 29. (a) The commission shall, upon proper application, grantlicenses to competent referees and judges whose qualifications maybe tested by the commission, and the commission may revoke anysuch license granted to any referee or judge upon cause as thecommission finds sufficient. A referee's or judge's license must berenewed biennially. No person shall be permitted to act as referee orjudge in Indiana without a license.
(b) The application for license as referee, or renewal thereof, shallbe accompanied by a fee established by the commission.
(c) The commission shall appoint, from among licensed officials,all officials for all contests held under this chapter.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-30
Ineligibility for and revocation of license; conviction of offenserelated to controlled substances
Sec. 30. The commission may declare any person who has beenconvicted of an offense under IC 35-48 ineligible to participate inany boxing, sparring, or unarmed combat match or exhibition, or anyother activity or event regulated by the commission, notwithstandingthat the person may hold a valid license issued by the commission.The period of ineligibility shall be for not less than six (6) monthsnor more than three (3) years, as determined by the commission. Ifa convicted person is declared ineligible, the commission shallsuspend the person and declare the person ineligible to participate inany boxing, sparring, or unarmed combat match or exhibition, or anyother activity or event regulated by the commission, as soon as itdiscovers the conviction, but the period of ineligibility shallcommence from the actual date of the conviction. During the periodof ineligibility, the suspended person may reapply to the commissionfor a license.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-31
Revocation and suspension
Sec. 31. (a) Any license under this chapter may be revoked orsuspended by the commission for reasons sufficient under thischapter.
(b) If a person displays to the public credentials issued by thecommission that:
(1) have been revoked or suspended under this chapter; or
(2) have expired;
the commission may declare the person ineligible for a period to bedetermined by the commission to participate in any boxing, sparring,or unarmed combat match, exhibition, or other activity regulated bythe commission.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-32
Match or exhibition; gross receipts tax; report Sec. 32. (a) Every person, club, corporation, firm, or associationthat may conduct any match or exhibition under this chapter shall dothe following within twenty-four (24) hours after the end of thematch or exhibition:
(1) Furnish to the commission, by mail, a written report dulyverified by that person or, if a club, corporation, firm, orassociation, by one (1) of its officers, showing the amount ofthe gross proceeds for the match or exhibition and other relatedmatters as the commission may prescribe.
(2) Pay a tax of five percent (5%) of the price from the sale ofeach admission ticket to the match or exhibition, which price isa separate and distinct charge and may not include any taximposed on and collected on account of the sale of the ticket.Money derived from the tax shall be deposited in the fund.
(3) Pay all fees established by the commission necessary tocover the administrative costs of its regulatory oversightfunction.
The commission may waive the tax on the price of admission forcomplimentary admissions.
(b) Before any license is granted for any boxing, sparring, orunarmed combat match or exhibition in Indiana, a bond or otherinstrument that provides financial recourse must be provided to thecommission. The instrument must be:
(1) in an amount determined by the commission;
(2) approved as to form and sufficiency of the sureties by thecommission;
(3) payable to the state; and
(4) conditioned for the payment of the tax imposed, the officialsand contestants, and compliance with this chapter and the validrules of the commission.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-33
Closed circuit telecast; pay per view telecast; subscriptiontelevision; gross receipts tax; report
Sec. 33. Every promoter holding or showing any public boxing,sparring, mixed martial arts, or unarmed combat match or exhibitionfor viewing in Indiana on a closed circuit telecast, pay per viewtelecast, or subscription television that is viewed by subscribers whoare not present at the venue shall furnish the executive director of thecommission a written report, under oath, stating the amount of grossproceeds from the closed circuit telecast, pay per view telecast, orsubscription television viewing in Indiana and any other matter as thecommission may prescribe. The promoter shall, within seventy-two(72) hours after the determination of the outcome of the match orexhibition, pay a tax of three percent (3%) of the gross receipts fromthe viewing of the match or exhibition on a closed circuit telecast,pay per view telecast, or subscription television. However, the taxmay not exceed fifty thousand dollars ($50,000) for each event.Money derived from the tax shall be placed in the state general fund.
The budget agency may augment appropriations from the fund to theIndiana gaming commission to regulate boxing, sparring, unarmedcombat, and any other form of mixed martial arts.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-34
Unsatisfactory reports; examination of records; penalties
Sec. 34. Whenever a report under section 32 or 33 of this chapteris unsatisfactory to the state treasurer, the state treasurer mayexamine or cause to be examined the books and records of theperson, club, corporation, or association and subpoena and examine,under oath, that person or officers and other persons as witnesses forthe purpose of determining the total amount of the gross receiptsderived from any contest, and the amount of tax due, under thischapter, which tax the state treasurer may upon examination, fix anddetermine. In case of default in the payment of any tax due, togetherwith the expenses incurred in making the examination for a period oftwenty (20) days after written notice to the delinquent person, club,corporation, or association of the amount fixed by the state treasureras delinquent, the person, club, corporation, or association shall bedisqualified from receiving any new license or permit, and theattorney general shall institute suit upon the bond filed under section32 of this chapter, to recover the tax and penalties imposed by thischapter. In addition to the tax due from the delinquent person, club,corporation, or association, a penalty in the sum of not more than onethousand dollars ($1,000) for each offense shall be recovered by theattorney general for the state.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-35
Appointment of inspectors
Sec. 35. The commission may appoint official representatives,designated as inspectors, each of whom shall receive from thecommission a card authorizing the official representative to act as aninspector wherever the commission may designate the officialrepresentative to act. One (1) inspector or deputy shall:
(1) be present at all boxing, sparring, or unarmed combatmatches or exhibitions and ensure that the rules of thecommission and this chapter are strictly observed; and
(2) be present at the counting up of the gross receipts andimmediately mail to the commission the final box officestatement received by the inspector or deputy from the personor officers of the club, corporation, or association conductingthe match or exhibition.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-36
Regulation of weights and classes of contestants; rules
Sec. 36. The commission shall determine the weights and classesof boxers and unarmed competitors and the rules and regulations of
boxing and unarmed combat.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-37
Display of purchase price on tickets; maximum attendance limits
Sec. 37. All tickets of admission to any boxing, sparring, orunarmed combat match or exhibition must clearly show the purchaseprice. Tickets shall not be sold for more than the price printed on thetickets. It is unlawful for any person, club, corporation, or associationto admit to a contest a number of people greater than the seatingcapacity of the place where the contest is held.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-38
Contestants; prohibition on prepayment of services; honestexhibition condition of payment
Sec. 38. A contestant shall not be paid for services before thecontest, and the referee and judges must determine that if anycontestant did not give an honest exhibition of the contestant's skill,the contestant's services shall not be paid for.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-39
Deposit of fees in fund
Sec. 39. All fees received by the executive director of thecommission on behalf of the commission under this chapter shall bepaid into the fund.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-40
Penalties
Sec. 40. A person who knowingly, recklessly, or intentionallyviolates this chapter commits a Class B misdemeanor.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-41
Adoption of rules
Sec. 41. The commission may adopt rules under IC 4-22-2 toadminister this chapter.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-42
Grounds for disciplinary action
Sec. 42. A licensee shall comply with the standards established bythe commission. A practitioner is subject to the disciplinarysanctions under section 43 of this chapter if, after a hearing, thecommission finds any of the following concerning the practitioner:
(1) Failure, without just cause, to observe the terms of anycontract required to be on file with the commission.
(2) Violation of any of the provisions of the statutes, rules, or
orders of the commission.
(3) Interference with the official duties of other licensees, thecommission, or any administrative officer or representative ofthe commission.
(4) Gambling that is otherwise prohibited by law on the resultof any bout permitted by the commission.
(5) Noncompetitive boxing, sparring, or unarmed combat or thesolicitation of noncompetitive boxers or unarmed competitors.
(6) Failure to appear at designated times and places as requiredby the commission.
(7) Bribery or attempted bribery of any licensee, employee, ormember of the commission.
(8) Employing or knowingly cooperating in fraud or materialdeception in order to obtain any license or permit issued by thecommission.
(9) Conviction for a crime that has a direct bearing on theapplicant's or licensee's ability to perform acts that require alicense or permit issued by the commission.
(10) Unlicensed or unpermitted participation in any activity inIndiana for which a license or permit issued by the commissionis required.
(11) Participating, directly or indirectly, in any agreement tocircumvent any rules or ruling of the commission.
(12) Any activity that undermines the integrity of boxing,sparring, or unarmed combat.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-43
Sanctions
Sec. 43. (a) The commission may impose any of the followingsanctions, singly or in combination, if the commission finds that alicensee is subject to disciplinary sanctions under section 42 of thischapter:
(1) Permanently revoke a licensee's license.
(2) Suspend a licensee's license.
(3) Censure a licensee.
(4) Issue a letter of reprimand.
(5) Place a licensee on probation status and require the licenseeto:
(A) report regularly to the commission upon the matters thatare the basis of probation;
(B) limit the licensee's participation at boxing, sparring, orunarmed combat events to those areas prescribed by thecommission; or
(C) perform any acts, including community restitution orservice without compensation, or refrain from performingany acts, that the commission considers appropriate to thepublic interest or to the rehabilitation or treatment of thelicensee.
(6) Assess a civil penalty against the licensee for not more than
one thousand dollars ($1,000) for each violation listed insection 42 of this chapter.
(7) Order a licensee to pay consumer restitution to a person whosuffered damages as a result of the conduct or omission that wasthe basis for the disciplinary sanctions under this chapter.
(b) When imposing a civil penalty under subsection (a)(6), thecommission shall consider a licensee's ability to pay the amountassessed. If the licensee fails to pay the civil penalty within the timespecified by the commission, the commission may suspend thelicensee's license without additional proceedings. However, asuspension may not be imposed if the sole basis for the suspensionis the licensee's inability to pay a civil penalty.
(c) The commission may withdraw or modify the probation undersubsection (a)(5) if the commission finds after a hearing that thedeficiency that required disciplinary action has been remedied or thatchanged circumstances warrant a modification of the order.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-44
Summary suspension
Sec. 44. (a) The commission may summarily suspend a licensee'slicense for ninety (90) days before a final adjudication or during theappeals process if the commission finds that a licensee represents aclear and immediate danger to the public's health, safety, or propertyif the licensee is allowed to continue to participate in boxing,sparring, or unarmed combat matches, contests, or exhibitions. Thesummary suspension may be renewed upon a hearing before thecommission, and each renewal may be for not more than ninety (90)days.
(b) Before the commission may summarily suspend a licenseunder this section, the commission shall make a reasonable attemptto notify the licensee of:
(1) a hearing by the commission to suspend the licensee'slicense; and
(2) information regarding the allegation against the licensee.
The commission shall also notify the licensee that the licensee mayprovide a written or an oral statement to the commission on thelicensee's behalf before the commission issues an order for summarysuspension. A reasonable attempt to notify the licensee is made if thecommission attempts to notify the licensee by telephone or facsimileat the last telephone number or facsimile number of the licensee onfile with the commission.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-45
Reinstatement
Sec. 45. The commission may reinstate a license that has beensuspended under this chapter if, after a hearing, the commission issatisfied that the applicant is able to participate at a boxing, sparring,or unarmed combat match, contest, or exhibition in a professional
manner and with reasonable skill. As a condition of reinstatement,the commission may impose disciplinary or corrective measuresauthorized under this chapter.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-46
Reinstatement not available for revoked license; waiting periodbefore reapplying for license
Sec. 46. The commission may not reinstate a license that has beenrevoked under this chapter. An individual whose license has beenrevoked under this chapter may not apply for a new license untilseven (7) years after the date of revocation.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-47
Surrender of license
Sec. 47. A licensee may petition the commission to accept thesurrender of the licensee's license instead of having a hearing beforethe commission. The licensee may not surrender the licensee'slicense without the written approval of the commission, and thecommission may impose any conditions appropriate to the surrenderor reinstatement of a surrendered license.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-48
Costs of disciplinary proceeding
Sec. 48. A licensee who has been subjected to disciplinarysanctions may be required by the commission to pay the costs of theproceeding. The licensee's ability to pay shall be considered whencosts are assessed. If the licensee fails to pay the costs, a suspensionmay not be imposed solely upon the licensee's inability to pay theamount assessed. These costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
(10) Administrative law judges.
As added by P.L.113-2010, SEC.11.
IC 4-33-22-49
Effect of disciplinary action by another state or jurisdiction;probationary licenses
Sec. 49. (a) The commission may refuse to issue a license or mayissue a probationary license to an applicant for licensure if:
(1) the applicant has: (A) been disciplined by a licensing entity of another state orjurisdiction; or
(B) committed an act that would have subjected theapplicant to the disciplinary process if the applicant hadbeen licensed in Indiana when the act occurred; and
(2) the violation for which the applicant was or could have beendisciplined has a bearing on the applicant's ability tocompetently and professionally participate in a boxing,sparring, or unarmed combat match, contest, or exhibition inIndiana.
(b) The board may:
(1) refuse to issue a license; or
(2) issue a probationary license;
to an applicant for licensure if the applicant participated in a boxing,sparring, or unarmed combat match, contest, or exhibition in Indianawithout a license in violation of the law.
(c) Whenever the commission issues a probationary license, thecommission may require a licensee to do any of the following:
(1) Report regularly to the commission upon the matters that arethe basis of the discipline of the other state or jurisdiction.
(2) Limit participation in a boxing, sparring, or unarmed combatmatch, contest, or exhibition to the areas prescribed by thecommission.
(3) Engage in community restitution or service withoutcompensation for the number of hours specified by thecommission.
(4) Perform or refrain from performing an act that thecommission considers appropriate to the public interest or to therehabilitation or treatment of the applicant.
(d) The commission shall remove any limitations placed on aprobationary license under this section if the commission finds aftera public hearing that the deficiency that required disciplinary actionhas been remedied.
As added by P.L.113-2010, SEC.11.