Z-0013.6 _______________________________________________
SENATE BILL 5754
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senators Horn, Franklin and Newhouse; by request of Department of Licensing
Read first time 02/11/97. Referred to Committee on Commerce & Labor.
AN ACT Relating to boxing, kickboxing, martial arts, and wrestling; amending RCW 67.08.002, 67.08.010, 67.08.015, 67.08.017, 67.08.030, 67.08.050, 67.08.060, 67.08.080, 67.08.090, 67.08.100, 67.08.110, 67.08.120, 67.08.130, 67.08.140, 67.08.170, and 67.08.180; adding new sections to chapter 67.08 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 67.08.002 and 1993 c 278 s 8 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) " Amateur" means a person who engages in athletic activities as a pastime and not as a professional.
(2)
"Boxing" ((includes, but is not limited to, sumo, judo, and karate
in addition to fisticuffs)) means a contest in which the contestants
exchange blows with their fists, but does not include professional
wrestling.
(((2)))
(3) "Department" means the department of licensing.
(((3)))
(4) "Director" means the director of the department of
licensing or the director's designee.
(((4)))
(5) "Event" includes, but is not limited to, a boxing, wrestling,
or martial arts contest, sparring, fisticuffs, match, show, or exhibition.
(6) "Face value" means the dollar value of a ticket or order, which value must reflect the dollar amount that the customer is required to pay or, for a complimentary ticket, would have been required to pay to purchase a ticket with equivalent seating priority, in order to view the event.
(7) "Gross receipts" means: The amount received from the sale of souvenirs, programs, and other concessions received by the promoter; and the face value of all tickets sold and complimentary tickets redeemed.
(8) "Kickboxing" means a type of boxing in which blows are delivered with the hand and any part of the leg below the hip, including the foot.
(9) "Martial arts" means a type of boxing including sumo, judo, karate, kung fu, tae kwon do, or other forms of full-contact martial arts or self-defense conducted on a full-contact basis.
(10) "Professional" means a person who has received or competed for money or other articles of value for participating in an event.
(11)
"Promoter" means ((any)) a person, and((, in
the case of a corporation, an officer, director, employee, or shareholder
thereof)) includes any officer, director, employee, or stockholder of a
corporate promoter, who produces, arranges, ((or)) stages ((any
professional wrestling exhibition or boxing contest)), holds, or gives
an event in this state involving a professional boxing, martial arts, or
wrestling event, or shows or causes to be shown in this state a closed circuit
telecast of a match involving a professional participant whether or not the
telecast originates in this state.
(12) "Tough man/rough man contest or competition" means an event that utilizes unlicensed, untrained, or otherwise licensed participants who engage in unsanctioned activities that do not comply with this chapter, including a full-contact, tournament-style martial arts contest, match, show, or exhibition in which contestants compete more than once per day.
(((5)))
(13) "Wrestling exhibition" or "wrestling show"
means a form of sports entertainment in which the participants display their
skills in a physical struggle against each other in the ring and either
the outcome may be predetermined or the participants do not necessarily strive
to win, or both.
Sec. 2. RCW 67.08.010 and 1993 c 278 s 10 are each amended to read as follows:
(1)
The department shall have power to issue and for cause to revoke, suspend,
or deny a license to conduct, hold, or promote boxing ((contests,
sparring matches, or wrestling shows or exhibitions including a simultaneous
telecast of any live, current or spontaneous boxing, sparring or wrestling
match or performance on a closed circuit telecast within this state, whether
originating in this state or elsewhere, and for which a charge is made)), martial
arts, or wrestling events or closed circuit telecasts of these events as ((herein))
provided in this chapter under such terms and conditions and at such
times and places as the department may determine.
((Such
licenses shall entitle the holder thereof to conduct boxing contests and
sparring and/or wrestling matches and exhibitions under such terms and
conditions and at such times and places as the department may determine.))
(2)
In case the department ((shall refuse to grant a license to any applicant,
or shall cancel)) revokes, suspends, or denies any license or
issues a fine, such applicant, or ((the holder of such canceled))
license shall be entitled, upon application, to a hearing to be held ((not
less than sixty days after the filing of such order at such place as the
department may designate: PROVIDED, HOWEVER, That if it has been found by a
valid finding and such finding is fully set forth in such order, that the
applicant or licensee has been guilty of disobeying any provision of this
chapter, such hearing shall be denied)) under chapter 34.05 RCW, the
administrative procedure act.
Sec. 3. RCW 67.08.015 and 1993 c 278 s 12 are each amended to read as follows:
(1)
In the interest of ensuring the safety and welfare of the participants, the
department shall have power and it shall be its duty to direct, supervise, and
control all boxing ((contests, sparring matches, and wrestling shows or
exhibitions)), martial arts, and wrestling events conducted within
((the)) this state and ((no such boxing contest, sparring
match, or wrestling show or exhibition shall be held or given within)) an
event may not be held in this state except in accordance with the
provisions of this chapter. The department may, in its discretion, issue and
for cause deny, revoke, or suspend a license to promote,
conduct, or hold ((or give)) boxing ((and sparring contests,
and wrestling shows and exhibitions)), kickboxing, martial arts, or
wrestling events where an admission fee is charged by any person,
club, corporation, organization, association, or fraternal society((:
PROVIDED, HOWEVER, That)).
(2)
All boxing ((contests, sparring or wrestling matches or exhibitions
which)), kickboxing, martial arts, or wrestling events that:
(((1)))
(a) Are conducted by any common school, college, or university, whether
public or private, or by the official student association thereof, whether on
or off the school, college, or university grounds, where all the participating
contestants are bona fide students enrolled in any common school, college, or
university, within or without this state; or
(((2)))
(b) Are entirely amateur events promoted on a nonprofit basis or for
charitable purposes; ((shall))
are not ((be))
subject to the licensing provisions of this chapter((: PROVIDED,
FURTHER, That every contestant in any boxing contest or sparring match not
conducted under the provisions of this chapter, prior to engaging in any such
contest or match, shall be examined by a practicing physician at least once in
each calendar year or, where such contest is conducted by a common school,
college or university as further described in this section, once in each
academic year in which instance such physician shall also designate the maximum
and minimum weights at which such contestant shall be medically certified to
participate: PROVIDED FURTHER, That no contestant shall be permitted to
participate in any such boxing contest, sparring or wrestling match or
exhibition in any weight classification other than that or those for which he
is certificated: PROVIDED FURTHER, That the organizations exempted by this
section from the provisions of this chapter shall be governed by RCW 67.08.080
as said section applies to boxing contests or sparring matches or exhibitions
conducted by organizations exempted by this section from the general
provisions of this chapter)). ((No)) A boxing ((contest,
sparring match, or wrestling show or exhibition shall)), martial arts,
kickboxing, or wrestling event may not be conducted within the state except
((pursuant to)) under a license issued in accordance with ((the
provisions of)) this chapter and the rules ((and regulations)) of
the department except as ((hereinabove)) provided in this section.
Sec. 4. RCW 67.08.017 and 1993 c 278 s 11 are each amended to read as follows:
The director or the director's designee has the following authority in administering this chapter:
(1) Adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
(2) Issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under this chapter;
(3) Take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;
(4) Compel attendance of witnesses at hearings;
(5) In the course of investigating a complaint or report of unprofessional conduct, conduct practice reviews;
(6) Take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the director;
(7) Use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the director or the director's designee shall make the final decision in the hearing;
(8) Enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;
(9) Adopt standards of professional conduct or practice;
(10) In the event of a finding of unprofessional conduct by an applicant or license holder, impose sanctions against a license applicant or license holder as provided by this chapter;
(11) Enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action;
(12) Designate individuals authorized to sign subpoenas and statements of charges;
(13)
Employ the investigative, administrative, and clerical staff necessary for the
enforcement of this chapter; ((and))
(14) Compel the attendance of witnesses at hearings; and
(15) Establish and assess fines for violations of this chapter that may be subject to payment from a contestant's purse.
Sec. 5. RCW 67.08.030 and 1993 c 278 s 13 are each amended to read as follows:
(1)
Every ((boxing)) promoter, as a condition for receiving a license, shall
file with the department a ((good and sufficient)) surety
bond in ((the sum of)) an amount to be determined by the department,
but not less than ten thousand dollars ((with the department)),
to cover all of the event locations applied for within the state during the
license period, conditioned upon the faithful performance by such licensee
of the provisions of this chapter, the payment of the taxes, officials, and
contracts as provided for herein and the observance of all rules ((and
regulations)) of the department((, which bond shall be subject to the
approval of the attorney general)).
(2)
((Every promoter of a wrestling exhibition or closed circuit telecast as a
condition of receiving a license as provided for under this chapter shall file
a good and sufficient bond in the sum of one thousand dollars with the
department in cities of less than one hundred fifty thousand inhabitants and of
two thousand five hundred dollars in cities of more than one hundred fifty
thousand inhabitants conditioned upon the faithful performance by such licensee
of the provisions of this chapter, the payment of the taxes and officials
provided for herein and the observance of all rules and regulations of the
department, which bond shall be subject to the approval of the attorney
general.
(3)))
Boxing promoters must obtain medical insurance in an amount set by the
director, but not less than fifty thousand dollars, to cover any injuries
incurred by participants at the time of ((the)) each event held
in this state and provide proof of insurance to the department seventy-two hours
before each event. The evidence of insurance must specify, at a minimum, the
name of the insurance company, the insurance policy number, the effective date
of the coverage, and evidence that each participant is covered by the
insurance. The promoter must pay any deductible associated with the insurance
policy.
(3) In lieu of the insurance requirement of subsection (2) of this section, a promoter of the boxing event who so chooses may, as a condition for receiving a license under this chapter, file proof of medical insurance coverage that is in effect for the entire term of the licensing period.
(4) The department shall cancel a boxing event if the promoter fails to provide proof of medical insurance within the proper time frame.
Sec. 6. RCW 67.08.050 and 1993 c 278 s 15 are each amended to read as follows:
(1)
Any promoter ((as herein provided)) shall within seven days prior to the
holding of any ((boxing contest or sparring match or exhibition)) event
file with the department a statement setting forth the name of each licensee who
is a potential participant, his or her manager or managers, and such
other information as the department may require. ((Any promoter shall,
within seven days before holding any wrestling exhibition or show, file with
the department a statement setting forth the name of each contestant, his or
her manager or managers, and such other information as the department may
require.)) Participant changes ((within a twenty-four hour period))
regarding a wrestling ((exhibition or show)) event may be allowed
after notice to the department, if the new participant holds a valid license
under this chapter. The department may stop any ((event that is a part of a))
wrestling ((exhibition wherein any)) event in which a participant
is not licensed under this chapter.
(2)
Upon the termination of any ((contest or exhibition)) event the
promoter shall file with the designated department representative a written
report, duly verified as the department may require showing the number of
tickets sold for ((such contest)) the event, the price charged
for ((such)) the tickets and the gross proceeds thereof, and such
other and further information as the department may require. The promoter
shall pay to the department at the time of filing the ((above)) report under
this section a tax equal to five percent of such gross receipts ((and
said)). However, the tax may not be less than twenty-five dollars. The
five percent of such gross receipts shall be immediately paid by the department
into the state general fund.
(((2)))
(3) A complimentary ticket may not have a face value of less than the least
expensive ticket available for sale to the general public. It must include
charges and fees, such as dinner, gratuity, parking, surcharges, or other
charges or fees that are charged to and must be paid by the customer in order
to view the event. The number of untaxed complimentary tickets
shall be limited to ((two)) five percent of the total tickets
sold per event location, not to exceed three hundred tickets. All
complimentary tickets exceeding this ((set amount)) exemption
shall be subject to taxation.
Sec. 7. RCW 67.08.060 and 1993 c 278 s 17 are each amended to read as follows:
The
department may appoint official inspectors at least one of which, in the
absence of a member of the department, shall be present at any ((boxing
contest or sparring match or exhibition)) event held under the
provisions of this chapter ((and may be present at any wrestling exhibition
or show)). Such inspectors shall carry a card signed by the director ((of
the department)) evidencing their authority. It shall be their duty to see
that all rules ((and regulations)) of the department and the provisions
of this chapter are strictly complied with and to be present at the accounting
of the gross receipts of any ((contest)) event, and such
inspector is authorized to receive from the licensee conducting the ((contest))
event the statement of receipts herein provided for and to immediately
transmit such reports to the department. Each inspector shall receive a fee and
travel expenses from the ((licensee)) promoter to be set by
the ((department)) director for each ((contest)) event
officially attended. ((Each inspector shall also receive from the state
travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing
or hereafter amended.))
Sec. 8. RCW 67.08.080 and 1993 c 278 s 18 are each amended to read as follows:
((No))
A boxing ((contest or sparring exhibition)), kickboxing, or
martial art event held in this state ((whether under the provisions of
this chapter or otherwise shall)) may not be for more than ten
rounds and no one round of any ((such contest or exhibition)) bout
shall be scheduled for ((less than or)) longer than three minutes and
there shall be not less than one minute intermission between each round. In
the event of bouts involving state ((or)), regional, national,
or world championships the department may grant an extension of no more
than two additional rounds to allow total bouts of twelve rounds((, and in
bouts involving national championships the department may grant an extension of
no more than five additional rounds to allow total bouts of fifteen rounds)).
((No)) A contestant in any boxing ((contest or sparring match
or exhibition whether)) event under this chapter ((or otherwise
shall)) may not be permitted to wear gloves weighing less than eight
ounces. The ((department)) director shall ((promulgate)) adopt
rules ((and regulations)) to assure clean and sportsmanlike conduct on
the part of all contestants and officials, and the orderly and proper conduct
of the ((contest)) event in all respects, and to otherwise make
rules ((and regulations)) consistent with this chapter, but such rules
((and regulations)) shall apply only to ((contests)) events
held under the provisions of this chapter.
Sec. 9. RCW 67.08.090 and 1993 c 278 s 19 are each amended to read as follows:
(1)
Each contestant for boxing ((or sparring)) events shall be
examined within ((eight)) twenty-four hours ((prior to)) before
the contest by a competent physician appointed by the department. The
physician shall ((forthwith and before such contest)) report in writing
and over his or her signature before the event the physical condition of
each and every contestant to the inspector present at such contest. No
contestant whose physical condition is not approved by the examining physician
shall be permitted to participate in any ((contest)) event.
Blank forms of physicians' report shall be provided by the department and all
questions upon such blanks shall be answered in full. The examining physician
shall be paid a fee ((designated by the department)) and travel
expenses by the promoter ((conducting such match or exhibition.
The
department may have a participant in a wrestling exhibition or show examined by
a physician appointed by the department prior to the exhibition or show. A
participant in a wrestling exhibition or show whose condition is not approved
by the examining physician shall not be permitted to participate in the
exhibition or show)).
(2)
The department may require that a physician be present at a wrestling event.
The promoter shall pay any physician present at a wrestling event. ((No))
A boxing ((contest, sparring match, or exhibition shall)) event
may not be held unless a licensed physician of the department or his or her
duly appointed representative is present throughout the ((contest. The
department may require that a physician be present at a wrestling exhibition or
show. Any physician present at a wrestling show or exhibition shall be paid
for by the promoter)) event.
(3)
Any practicing physician and surgeon may be selected by the department as the
examining physician. Such physician present at such contest shall have
authority to stop any ((contest)) event when in the physician's
opinion it would be dangerous to a contestant to continue, and in such event it
shall be the physician's duty to stop ((such contest)) the event.
(4) The department may have a participant in a wrestling event examined by a physician appointed by the department prior to the event. A participant in a wrestling event whose condition is not approved by the examining physician shall not be permitted to participate in the event.
Sec. 10. RCW 67.08.100 and 1993 c 278 s 20 are each amended to read as follows:
(1)
The department ((may grant annual licenses upon application in compliance
with the rules and regulations prescribed by the director, and the payment of
the fees, the amount of which is to be set by the director in accordance with
RCW 43.24.086, prescribed to promoters, managers, referees, boxers, wrestlers,
and seconds: PROVIDED, That the provisions of this section shall not apply to
contestants or participants in strictly amateur contests and/or fraternal
organizations and/or veterans' organizations chartered by congress or the
defense department or any bona fide athletic club which is a member of the
Pacific northwest association of the amateur athletic union of the United
States, holding and promoting athletic contests and where all funds are used primarily
for the benefit of their members.)) upon receipt of a properly completed
application and payment of a nonrefundable fee, may grant an annual license to
an applicant for the following: (a) Promoter; (b) manager; (c) boxer; (d)
second; (e) wrestling participant; (f) inspectors; (g) judge; (h) timekeeper;
(i) announcers; and (j) physicians.
(2)
Any ((such)) license may be revoked, suspended, or denied by the
((department)) director for ((any cause which it shall deem
sufficient)) a violation of this chapter or a rule adopted by the
director.
(3) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.
(4)
The referees, judges, timekeepers, physicians, and inspectors for any
boxing ((contest)) event shall be designated by the department
from among ((such)) licensed ((referees)) officials.
(5)
The referee for any wrestling ((exhibition or show)) event shall
be provided by the promoter and shall be licensed ((by the department))
as a wrestling participant.
(6) A person may not be issued a license if the person has an unpaid fine outstanding to the department.
(7) A person may not be issued a license unless they are at least eighteen years of age.
(8) This section shall not apply to contestants or participants in events at which only amateurs are engaged in contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department or any recognized amateur sanctioning body recognized by the department, holding and promoting athletic events and where all funds are used primarily for the benefit of their members. Upon request of the department, a promoter, contestant, or participant shall provide sufficient information to reasonably determine whether this chapter applies.
Sec. 11. RCW 67.08.110 and 1993 c 278 s 21 are each amended to read as follows:
Any
person or any member of any group of persons or corporation promoting boxing ((exhibitions
or contests)) events who shall participate directly or indirectly in
the purse or fee of any manager of any boxers or any boxer and any licensee who
shall conduct or participate in any sham or fake boxing ((contest or
sparring match or exhibition)) event shall ((thereby forfeit its
license)) be subject to license revocation and ((the department
shall declare such license canceled and void and)) such revoked
licensee shall not ((thereafter)) be entitled to receive ((another
such, or)) any license issued ((pursuant to the provisions of)) under
this chapter.
Sec. 12. RCW 67.08.120 and 1993 c 278 s 22 are each amended to read as follows:
Any
unlicensed participant contestant or licensee who ((shall participate
in any sham or fake boxing contest, match, or exhibition and any licensee or
participant who violates any rule or regulation of the department shall be
penalized in the following manner: For the first offense he or she shall be
restrained by order of the department for a period of not less than three
months from participating in any contest held under the provisions of this
chapter, such suspension to take effect immediately after the occurrence of the
offense; for any second offense such contestant shall be forever suspended from
participation in any contest held under the provisions of this chapter)) violates
any rule of the department shall be fined, suspended, revoked, or any
combination thereof, by order of the director. Assessed fines shall not exceed
five hundred dollars for each violation of this chapter or any rule of the
department.
Sec. 13. RCW 67.08.130 and 1993 c 278 s 23 are each amended to read as follows:
Whenever
any licensee shall fail to make a report of any ((contest)) event
within the time prescribed by this chapter or when such report is
unsatisfactory to the department, the director ((shall)) may
examine the books and records of such licensee; he or she may subpoena and
examine under oath any officer of such licensee and such other person or
persons as he or she may deem necessary to a determination of the total gross
receipts from any ((contest)) event and the amount of tax
thereon. If, upon the completion of such examination it shall be determined
that an additional tax is due, notice thereof shall be served upon the
licensee, and if such licensee shall fail to pay such additional tax within
twenty days after service of such notice such delinquent licensee shall ((forfeit))
be subject to revocation of its license and shall ((forever)) be
disqualified from receiving any new license ((and)). In addition
((thereto)), such licensee ((and the members thereof))
shall be ((jointly and severally)) liable to this state in the penal sum
of one thousand dollars to be collected by the attorney general by civil action
in the name of the state in the manner provided by law.
Sec. 14. RCW 67.08.140 and 1993 c 278 s 24 are each amended to read as follows:
Any
person, club, corporation, organization, association, fraternal society,
participant, or promoter conducting or participating in boxing ((contests,
sparring matches,)) or wrestling ((shows or exhibitions)) events
within this state without having first obtained a license therefor in the
manner provided by this chapter is in violation of this chapter and shall be
guilty of a misdemeanor excepting ((such contests)) the events
excluded from the operation of this chapter by RCW 67.08.015. The attorney
general, each prosecuting attorney, the department, or any citizen of any
county where any person, club, corporation, organization, association,
fraternal society, promoter, or participant shall threaten to hold, or appears
likely to hold or participate in athletic ((contests or exhibitions)) events
in violation of this chapter, may in accordance with the laws of this state
governing injunctions, enjoin such person, club, corporation, organization,
association, fraternal society, promoter, or participant from holding or
participating in ((such contest or exhibition)) the event.
Sec. 15. RCW 67.08.170 and 1993 c 278 s 25 are each amended to read as follows:
A
promoter shall ensure that adequate security personnel are in attendance at a
wrestling ((exhibition)) or boxing ((contest)) event to
control fans in attendance. The size of the security force shall be determined
by mutual agreement of the promoter, the person in charge of operating the
arena or other facility, and the department.
Sec. 16. RCW 67.08.180 and 1989 c 127 s 4 are each amended to read as follows:
(1)
It is ((unlawful)) a violation of this chapter for any promoter
or person associated with or employed by any promoter to destroy any ticket or
ticket stub, whether sold or unsold, within three months after the date of any
((exhibition or show)) event.
(2)
It is ((unlawful)) a violation of this chapter for ((any
wrestler)) a wrestling participant to deliberately cut himself or
herself or otherwise mutilate himself or herself while participating in a
wrestling ((exhibition)) event.
(3)
((Any)) The department shall revoke the license of a licensee
convicted under chapter 69.50 RCW ((shall have his or her license revoked)).
(4) The director shall revoke the license of a licensee testing positive for illegal use of a controlled substance as defined in RCW 69.50.101, and shall deny the application of an applicant testing positive for a controlled substance as defined in RCW 69.50.101.
(5)
The striking of any person that is not a licensed participant at a wrestling ((exhibition
or show shall)) event constitutes grounds for suspension, fine,
revocation, or ((both)) any combination thereof.
NEW SECTION. Sec. 17. A person, including but not limited to a consumer, licensee, corporation, organization, and state and local governmental agency, may submit a written complaint to the department charging a license holder or applicant with unprofessional conduct and specifying the grounds for the complaint. If the department determines that the complaint merits investigation or if the department has reason to believe, without a formal complaint, that a license holder or applicant may have engaged in unprofessional conduct, the department shall investigate to determine whether there has been unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint.
NEW SECTION. Sec. 18. (1) If the department determines, upon investigation, that there is reason to believe a violation of this chapter has occurred, the department shall prepare and serve upon the license holder or applicant a statement of charge or charges. The statement of charge or charges must be accompanied by a notice that the license holder or applicant may request a hearing to contest the charge or charges. The license holder or applicant must file a request for hearing with the department within twenty days after being served the statement of charges. The failure to request a hearing constitutes a default, whereupon the director may enter an order under RCW 34.05.440.
(2) If a hearing is requested, the time of the hearing shall be scheduled but the hearing shall not be held earlier than thirty days after service of the charges upon the license holder or applicant. A notice of hearing shall be issued at least twenty days before the hearing, specifying the time, date, and place of hearing.
NEW SECTION. Sec. 19. Upon a finding that a license holder or applicant has committed unprofessional conduct the director may issue an order providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite term;
(3) Requiring the satisfactory completion of a specific program of remedial education;
(4) Compliance with conditions of probation for a designated period of time;
(5) Payment of a fine not to exceed five hundred dollars for each violation of this chapter;
(6) Denial of the license request;
(7) Corrective action, including paying contestants the contracted purse or compensation; or
(8) Refund of fees billed to and collected from the consumer.
Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.
NEW SECTION. Sec. 20. If an order for payment of a fine is made as a result of a hearing and timely payment is not made as directed in the final order, the director may enforce the order for payment in the superior court in the county in which the hearing was held. This right of enforcement shall be in addition to any other rights the director may have as to any licensee ordered to pay a fine but shall not be construed to limit a licensee's ability to seek judicial review under chapter 34.05 RCW.
In addition for enforcement of an order of payment of a fine the director's order is conclusive proof of the validity of the order of payment of a fine and the terms of payment.
NEW SECTION. Sec. 21. The following conduct, acts, or conditions constitute unprofessional conduct for a license holder or applicant under this chapter:
(1) Conviction of a gross misdemeanor, felony, or the commission of an act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. This section does not abrogate rights guaranteed under chapter 9.96 RCW;
(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement of a license;
(3) Advertising that is false, fraudulent, or misleading;
(4) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;
(5) Suspension, revocation, or restriction of a license to act as a professional athletic licensee by competent authority in a state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;
(6) Violation of a statute or administrative rule regulating professional athletics;
(7) Failure to cooperate with the department's investigations by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete explanation regarding a matter under investigation by the department; or
(c) Not responding to subpoenas issued by the department, whether or not the recipient of the subpoena is the subject of the proceeding;
(8) Failure to comply with an order issued by the director or an assurance of discontinuance entered into by the director;
(9) Aiding or abetting an unlicensed person to act in a manner that requires a professional athletics licensee;
(10) Misrepresentation or fraud in any aspect of the conduct of a professional athletics event; and
(11) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the department or by the use of threats or harassment against any person to prevent them from providing evidence in a disciplinary proceeding or other legal action.
NEW SECTION. Sec. 22. (1) The director shall investigate complaints concerning unlicensed practice or conducting boxing, martial arts, or wrestling events in violation of this chapter. The director shall issue a cease and desist order to a person after notice and hearing and upon a determination that the person has violated this subsection. If the director makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order. The cease and desist order shall not relieve the person violating this chapter from criminal prosecution, but the remedy of a cease and desist order shall be in addition to any criminal liability. The cease and desist order may be enforced under RCW 7.71.030. This method of enforcement of the cease and desist order may be used in addition to, or as an alternative to, provisions for enforcement of agency orders set out in chapter 34.05 RCW.
(2) The attorney general, a county prosecuting attorney, the director, a board, or a person may, in accordance with the law of this state governing injunctions, maintain an action in the name of this state to enjoin a person practicing without a license from engaging in the practice until the required license is secured. However, the injunction shall not relieve the person so practicing without a license from criminal prosecution for the practice, but the remedy by injunction shall be in addition to any criminal liability.
(3) The practice without a license when required by this chapter constitutes a gross misdemeanor.
NEW SECTION. Sec. 23. A person or business that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be paid to the department. For the purpose of this section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties.
NEW SECTION. Sec. 24. The director or individuals acting on the director's behalf are immune from suit in an action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.
NEW SECTION. Sec. 25. Sections 17 through 24 of this act are each added to chapter 67.08 RCW.
NEW SECTION. Sec. 26. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
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