WSR 04-13-144

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 22, 2004, 4:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-09-009.

Title of Rule and Other Identifying Information: Chapter 36-12 WAC, Professional boxing, amending WAC 36-12-011 Definitions and new section WAC 36-12-500 Amateur organization recognition.

Chapter 36-14 WAC, Professional martial arts, new sections WAC 36-14-010 Definitions, 36-14-200 Duration of rounds, 36-14-300 Requirements for ring or enclosed area, and 36-14-500 Amateur organization recognition.

Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Building 2, Conference Room 209, Olympia, WA 98504, on July 27, 2004, at 9:30 a.m.

Date of Intended Adoption: July 28, 2004.

Submit Written Comments to: Randy Renfrow, Professional Athletic Program, P.O. Box 9026, Olympia, WA 98507-9026, e-mail rrenfrow@dol.wa.gov, fax (360) 570-4956, by July 26, 2004.

Assistance for Persons with Disabilities: Contact Randy Renfrow by July 26, 2004, TTY (360) 664-8885 or (360) 664-6644.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend, retain, repeal current rules and add new sections. To clarify laws that were passed during the 2004 legislative session (SB 6103, chapter 149, Laws of 2004) which further defines amateur sports and makes certain types of extreme fighting illegal.

The new and amended rules define "recognized amateur boxing, kickboxing or martial arts organization" and requires certain documents and items to be submitted to the Department of Licensing prior to a scheduled amateur event.

Chapter 36-14 WAC includes new sections added clarifying "duration of rounds" and "requirements for ring or enclosed areas."

Reasons Supporting Proposal: The amended and new rules are intended to help ensure the health, safety and welfare of the participants.

Statutory Authority for Adoption: RCW 67.08.017 and 43.24.023.

Statute Being Implemented: RCW 67.08.017.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randy Renfrow, 405 Black Lake Boulevard S.W., Building 2, Olympia, WA, (360) 664-6644.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this rule adoption.

June 22, 2004

Trudie Touchette

Administrator

OTS-7316.1


AMENDATORY SECTION(Amending WSR 02-20-094, filed 10/1/02, effective 1/1/03)

WAC 36-12-011   Definitions.   The following definitions will be used throughout this WAC:

(1) "Purse" will be defined as the sum of money or other compensation by way of guarantee, percentage or otherwise, paid to a boxer.

(2) "Knockdown" is defined as when a boxer is knocked to the ring canvas by fair blows, hangs helplessly on the ropes, or the ropes prevent his/her fall, or any part of the body other than the soles of the feet touches the ring canvas.

(3) The "outcome of a contest" occurs when the contest has concluded, a determination has been made described in WAC 36-12-130, and the report to the boxing registry required by the federal Boxing Safety Act of 1996 has been submitted.

(4) "Neutral corner" is defined as one of the two corners of a ring that are not assigned to a boxer for a contest.

(5) A "count" is the audible measure of time signaled by the referee to a boxer who has been knocked to the ring canvas by fair blows or to a standing boxer who, in the referee's judgment, is momentarily unable to defend him/herself.

(6) "Scorecard" is defined as the document used by judges to score a contest.

(7) "Ten-point-must system" of scoring is defined as the scoring system used by judges giving ten points to the boxer winning a round and a lesser number of points to the boxer losing a round.

(8) "Foul" is defined as an action by a boxer, identified by the referee that does not meet the definition of "boxing" as described in RCW 67.08.002. Fouls may include, but are not limited to, the following types of contact or acts:

(a) Hitting, a low blow, below the navel or behind the ear;

(b) Hitting an opponent who is knocked down;

(c) Holding an opponent with one hand and hitting with the other;

(d) Holding or deliberately maintaining a clinch;

(e) Wrestling, kicking or roughing;

(f) Pushing an opponent about the ring or into the ropes;

(g) Butting with the head, shoulder, knee, elbow;

(h) Hitting with the open glove, the butt or inside of the hand, or back of the hand, the elbow or the wrist;

(i) Purposely falling down onto the canvas of the ring without being hit or for the purpose of avoiding a blow;

(j) Striking deliberately at that part of the body over the kidneys;

(k) Using the pivot blow (pivoting while throwing a punch) or the rabbit punch (punches thrown to the back of the head and neck areas);

(l) Jabbing the eyes with the thumb of the glove;

(m) Use of abusive language;

(n) Unsportsmanlike conduct causing injury to an opponent that does not meet the definition of "boxing" in RCW 67.08.002;

(o) Hitting on the break;

(p) Intentionally spitting out the mouthpiece;

(q) Hitting on or out of the ropes;

(r) Holding rope and hitting;

(s) Biting/spitting;

(t) Not following referee's instructions;

(u) Stepping on opponent;

(v) Crouching below opponent's belt;

(w) Leaving neutral corner; and

(x) Corner second shouting.

(9) "Fair blow" is defined as an exchange of blows delivered with the padded knuckle part of the glove to the front or sides of the head and body above the navel.

(10) "Event official" is defined as an official licensed under RCW 67.08.100 as a judge, referee, timekeeper, event physician, and/or inspector and appointed by the department to provide services at a boxing event.

(11) "Manager" is defined as a person licensed under RCW 67.08.100 who contracts with a boxer to receive compensation for service as an agent or representative.

(12) "Second" is defined as a person licensed under RCW 67.08.100 who assists a boxer during a contest.

(13) "Matchmaker" is defined as a person licensed under RCW 67.08.100 who works for a promoter to propose, select or arrange for boxers to participate in a boxing contest.

(14) "Announcer" is defined as a person licensed under RCW 67.08.100 who works for a promoter announcing information to the audience at a boxing event.

(15) "Referee" is defined as an event official and is the chief official supervising a boxing contest.

(16) "Timekeeper" is defined as an event official who keeps the official timing of a contest.

(17) "Judge" is defined as an event official who scores a boxing contest.

(18) "Inspector" is defined as the event official who reports directly to the department and provides overall management of a boxing event.

(19) "Advance notice" is defined as a list of matches for an event submitted by the promoter to the department for approval that includes the names of proposed boxers for a contest, his/her manager or managers and other information that may be required by the department.

(20) "Boxing registry" is defined as the entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers and required under the federal "Professional Boxing Safety Act of 1996."

(21) "Contest" is defined as a fight scheduled between boxers appearing at an event.

(22) "Round" is defined as a two- or three-minute time period during which boxers compete in a boxing contest.

(23) "Net gate proceeds" is defined as the total dollar amount received from the face value of all tickets sold with complimentary tickets excluded.

(24) "Televised" is defined as any simultaneous or delayed visual broadcast of an event delivered through electronic means for viewing.

(25) "Recognized amateur boxing organization" means any amateur boxing organization recognized by the department who has not been exempted by statute and provides written documented proof required by WAC 36-12-500.

[Statutory Authority: RCW 67.08.017, 67.08.105, and 43.24.023. 02-20-094, 36-12-011, filed 10/1/02, effective 1/1/03. Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-011, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-011, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-011, filed 5/10/91, effective 6/10/91; Note: Filed 9/22/60, 3/17/60.]

OTS-7317.1


NEW SECTION
WAC 36-12-500   Amateur organization recognition.   The following items shall be provided to the department at least thirty days prior to a scheduled event when requesting recognition and permission to conduct an amateur boxing event by any organization not exempted in chapter 67.08 RCW:

(1) Proof of all business licenses required in the jurisdiction where the event is to be conducted:

(a) State master business license.

(b) City business license (if applicable).

(c) County business license (if applicable).

(d) State liquor license (if applicable).

(2) Contract between the organization and venue site or letter:

(a) Date and time.

(b) Location.

(c) Organization/promoter responsibilities.

(d) Venue site responsibilities.

(3) Proof of nonprofit status:

(a) Federal Internal Revenue Code 501 (c)(3).

(b) Washington state nonprofit corporation as verified through the secretary of state.

(4) Rules of competition to be used for the event, which shall include, but not be limited to:

(a) Boxing weight classes, weight difference, and glove weight.

(b) Conducting the weigh-in.

(c) Ring and equipment.

(d) Gloves.

(e) Hand-wraps.

(f) Officials.

(g) Referee's responsibilities/authority.

(h) Outcome of a contest.

(i) Method of counting over a boxer.

(j) When a boxer falls from or leaves the ring during a round.

(k) Fees paid by the boxer.

(l) Official's certification.

(m) General boxer instructions.

(n) Medical requirement.

(o) Conduct of managers and seconds.

(p) Timekeeper duties.

(q) Announcer duties.

(r) Judges.

(s) Event physician.

(t) Suspensions.

(u) Promoter responsibilities.

(v) General boxing rules, fouls, round conduct.

(5) Report as to how all proceeds are to be distributed and the identity of each entity and proof of their nonprofit status.

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OTS-7318.1


NEW SECTION
WAC 36-14-010   Definitions.   The following definition(s) will be used throughout this WAC:

"Recognized amateur kickboxing or martial arts organization" means any amateur kickboxing or martial arts organization recognized by the department who has not been exempted by statute and provides written documented proof required by WAC 36-14-500.

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OTS-7319.1


NEW SECTION
WAC 36-14-200   Duration of rounds.   Except with the approval of the department or the on-site representative:

(1) A nonchampionship contest or exhibition of mixed martial arts shall not exceed three rounds in duration.

(2) A championship contest of mixed martial arts shall not exceed five rounds in duration.

(3) A round in a contest or exhibition of mixed martial arts shall not exceed five minutes in duration. A period of rest in the contest or exhibition of mixed martial arts shall not exceed one minute in duration.

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OTS-7320.1


NEW SECTION
WAC 36-14-300   Requirements for ring or enclosed area.   (1) Mixed martial arts contests and exhibitions may be held in a ring or in an enclosed area.

(2) A ring used for a contest or exhibition of mixed martial arts must meet the following requirements:

(a) The ring must be no smaller than sixteen feet square within the ropes.

(b) The ring floor must extend at least twenty-four inches beyond the ropes. The ring floor must be padded with ensolite or another similar closed-cell foam, with at least a one-inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform, with a top covering of canvas, duck or similar material tightly stretched and laced to the ring platform.

(c) The ring platform must not be more than four feet above the floor of the building and must have suitable steps for the use of the participants.

(d) Ring posts must be made of metal, not more than three inches in diameter, extending from the floor of the building to a minimum height of fifty-eight inches above the ring floor, and must be properly padded in a manner approved by the department. Ring posts must be at least twenty-four inches away from the ring ropes.

(e) There may be no more than five ring ropes, not less than one inch in diameter and wrapped in soft material. The lowest ring rope must be at least twelve inches above the ring floor.

(f) There must not be any obstruction or object on any part of the ring floor.

(3) An enclosed area used in a contest or exhibition of mixed martial arts must meet the following requirements:

(a) The enclosed area must be circular or have at least four equal sides and must be no smaller than twenty feet wide.

(b) The floor of the enclosed area must be padded with ensolite or another similar closed-cell foam, with at least a one-inch layer of foam padding, with a top covering of canvas, duck or similar material tightly stretched and laced to the platform of the enclosed area.

(c) The platform of the enclosed area must not be more than four feet above the floor of the building and must have suitable steps for the use of the participants.

(d) Enclosure posts must be made of metal, not more than six inches in diameter, extending from the floor of the building to between five and seven feet above the floor of the enclosed area, and must be properly padded in a manner approved by the department.

(e) The material used to construct the enclosed area must be made of a material that will prevent an unarmed combatant from falling out of the enclosed area or breaking through the enclosed area onto the floor of the building or onto the spectators, including, without limitation, chain link fence coated with vinyl.

(f) Any metal material used in the enclosed area must be covered and padded in a manner approved by the department and must not be abrasive to the participants.

(g) The enclosed area must have at least three entrances.

(h) There must not be any obstruction on any part of the enclosure surrounding the area in which the participants are to be competing.

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OTS-7321.1


NEW SECTION
WAC 36-14-500   Amateur organization recognition.   The following items shall be provided to the department at least thirty days prior to a scheduled event when requesting recognition and permission to conduct an amateur kickboxing or martial arts event by any organization not exempted in chapter 67.08 RCW:

(1) Proof of all business licenses required in the jurisdiction where the event is to be conducted:

(a) State master business license.

(b) City business license (if applicable).

(c) County business license (if applicable).

(d) State liquor license (if applicable).

(2) Contract between the organization and venue site or letter:

(a) Date and time.

(b) Location.

(c) Organization/promoter responsibilities.

(d) Venue site responsibilities.

(3) Proof of nonprofit status:

(a) Federal Internal Revenue Code 501 (c)(3).

(b) Washington state nonprofit corporation as verified through the secretary of state.

(4) Rules of competition to be used for the event, which shall include, but not be limited to:

(a) Weight classes, weight difference, and glove weight.

(b) Conducting the weigh-in.

(c) Ring and equipment.

(d) Gloves.

(e) Hand-wraps.

(f) Officials.

(g) Referee's responsibilities/authority.

(h) Outcome of a contest.

(i) Method of counting over the participant.

(j) When a participant falls from or leaves the ring during a round.

(k) Fees paid by the participant.

(l) Official's certification.

(m) General participant instructions.

(n) Medical requirement.

(o) Conduct of managers and seconds.

(p) Timekeeper duties.

(q) Announcer duties.

(r) Judges.

(s) Event physician.

(t) Suspensions.

(u) Promoter responsibilities.

(v) General kickboxing or martial arts rules, fouls, round conduct.

(5) Report as to how all excess proceeds are to be distributed and the identity of each entity and their proof of nonprofit status.

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