BILL REQ. #: H-0162.5
| State of Washington | 62nd Legislature | 2011 Regular Session |
Prefiled 01/05/11. Read first time 01/10/11. Referred to Committee on Business & Financial Services.
AN ACT Relating to athletics, limited to boxing, martial arts, and wrestling that are regulated by the department of licensing; amending RCW 67.08.002, 67.08.007, 67.08.015, 67.08.017, 67.08.030, 67.08.050, 67.08.055, 67.08.060, 67.08.080, 67.08.130, 67.08.140, 67.08.160, 67.08.170, 67.08.180, 67.08.200, and 67.08.300; reenacting and amending RCW 67.08.090 and 67.08.100; adding new sections to chapter 67.08 RCW; creating a new section; repealing RCW 67.08.010, 67.08.040, 67.08.110, 67.08.220, and 67.08.240; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 67.08.002 and 2004 c 149 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Amateur" means a person who has never received nor competed
for any purse or other article of value, either for expenses of
training or for participating in an event, other than a prize of fifty
dollars in value or less.
(2) "Boxing" means the sport of attack and defense which uses the
contestants' fists and where the contestants compete with the intent
not to injure or disable an opponent, but to win by decision, knockout,
or technical knockout((, but does not include professional wrestling)).
(3) "Chiropractor" means a person licensed under chapter 18.25 RCW
as a doctor of chiropractic or under the laws of any jurisdiction in
which that person resides.
(4) "Department" means the department of licensing.
(5) "Director" means the director of the department of licensing or
the director's designee.
(6) "Event" includes, but is not limited to, a boxing, wrestling,
or martial arts contest, sparring, fisticuffs, match, show, or
exhibition, whether amateur or professional.
(7) "Event physician" means the physician ((licensed under RCW
67.08.100 and)) who is responsible for the activities described in RCW
67.08.090.
(8) "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.
(9) "Gross receipts" means the amount received from the face value
of all tickets sold and complimentary tickets redeemed.
(10) (("Kickboxing" means a type of boxing in which blows are
delivered with the fist and any part of the leg below the hip,
including the foot and where the contestants compete with the intent
not to injure or disable an opponent, but to win by decision, knockout,
or technical knockout.)) "Martial arts" means a type of boxing including kickboxing,
sumo, judo, karate, kung fu, tae kwon do, pankration, muay thai, or
other forms of full-contact martial arts or self-defense conducted on
a full-contact basis where weapons are not used and the participants
utilize kicks, punches, blows, or other techniques with the intent not
to injure or disable an opponent, but to ((
(11)defeat an opponent or)) win
by decision, knockout, technical knockout, or submission.
(((12))) (11) "No holds barred fighting," also known as "frontier
fighting" and "extreme fighting," means a contest, exhibition, or match
between contestants where any part of the contestant's body may be used
as a weapon or any means of fighting may be used with the specific
purpose to intentionally injure the other contestant in such a manner
that they may not defend themselves and a winner is declared. Rules
may or may not be used.
(((13))) (12) "Combative fighting," also known as "toughman
fighting," "toughwoman fighting," "badman fighting," and "so you think
you're tough," means a contest, exhibition, or match between
contestants who use their fists, with or without gloves, or their feet,
or both, and which allows contestants that are not trained in the sport
to compete and the object is to defeat an opponent or to win by
decision, knockout, or technical knockout.
(((14))) (13) "Physician" means a person licensed under chapter
18.57((, 18.36A,)) or 18.71 RCW as a physician or a person holding an
osteopathic or allopathic physician license under the laws of any
jurisdiction in which the person resides.
(((15))) (14) "Professional" means a person who has received or
competed for any purse or other articles of value greater than fifty
dollars, either for the expenses of training or for participating in an
event.
(((16))) (15) "Promoter" means a person, and includes any officer,
director, employee, or stockholder of a corporate promoter, who (a)
produces, arranges, stages, or holds((, or gives)) an event in this
state ((involving a professional boxing, martial arts, or wrestling
event,)) other than an event held in compliance with section 4 of this
act; or (b) 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)) event originating in this
state.
(((17))) (16) "Wrestling ((exhibition" or "wrestling show))" means
a form of sports entertainment in which the participants play a role or
display their skills in a physical struggle against each other in the
ring and either the outcome may be predetermined or the
((participants)) contestants do not necessarily strive to win, or both.
(((18) "Amateur event" means an event in which all the participants
are "amateurs" and which is registered and sanctioned by:)) (17) "Elimination tournament" means any contest in which
contestants compete in ((
(a) United States Amateur Boxing, Inc.;
(b) Washington Interscholastic Activities Association;
(c) National Collegiate Athletic Association;
(d) Amateur Athletic Union;
(e) Golden Gloves of America;
(f) United Full Contact Federation;
(g) Any similar organization recognized by the department as
exclusively or primarily dedicated to advancing the sport of amateur
boxing, kickboxing, or martial arts, as those sports are defined in
this section; or
(h) Local affiliate of any organization identified in this
subsection.
(19)a series of matches until not more than one
contestant remains in any weight category)) more than one bout in any
twenty-four hour period. The term does not include any event that
complies with the provisions of RCW 67.08.015(2) (a) or (b).
(18) "Bout" means a contest or match between contestants appearing
at an event.
(19) "Event fee" means the fee to be paid by the promoter for an
event.
(20) "Training facility" means a business that rents, leases, or
owns a building or structure or portion thereof in the state that is
used for martial arts training.
Sec. 2 RCW 67.08.007 and 1993 c 278 s 9 are each amended to read
as follows:
The department may employ or contract with and fix the compensation
of such ((officers,)) employees((,)) and ((inspectors)) appointed
officials as may be necessary to administer the provisions of this
chapter ((as amended)).
Sec. 3 RCW 67.08.015 and 2004 c 149 s 2 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, martial arts, and
wrestling events conducted within this state and 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,
which includes concern for the safety and welfare of the participants,
take any of the actions specified in RCW 18.235.110 against a license
to promote, conduct, or hold boxing, ((kickboxing,)) martial arts, or
wrestling events where an admission fee is charged by any person, club,
corporation, organization, association, or fraternal society.
(2) All boxing, ((kickboxing,)) martial arts, or wrestling events
that:
(a) Are conducted by any ((common)) elementary or secondary 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)) elementary or
secondary school, college, or university, within or without this state;
or
(b) Are ((entirely amateur events as defined in RCW 67.08.002(18)
and promoted on a nonprofit basis or for charitable purposes))
conducted as part of an amateur athletic program where all the
participants are amateurs and which are sponsored or supervised by any
national governing body recognized by the United States olympic
committee or paralympic sports organization recognized by the United
States olympic committee;
are not subject to the licensing provisions of this chapter.
(3) A boxing, martial arts, ((kickboxing,)) or wrestling event may
not be conducted within the state except under a license issued in
accordance with this chapter and the rules of the department except as
provided in this ((section)) chapter.
(((3))) (4) The director shall prohibit events unless all of the
contestants are licensed or otherwise exempt from licensure as provided
under this chapter.
(((4) No amateur or professional no holds barred fighting or
combative fighting type of contest, exhibition, match, or similar type
of event, nor any elimination tournament, may be held in this state.
Any person promoting such an event is guilty of a class C felony.
Additionally, the director may apply to a superior court for an
injunction against any and all promoters of a contest, and may request
that the court seize all money and assets relating to the
competition.))
NEW SECTION. Sec. 4 (1) A training facility license allows the
licensee to promote, conduct, and hold events under the standards in
this section. No promoter license is required to promote, conduct, or
hold an event in compliance with this section. Contestants and
officials are exempt from licensure for participation in events held in
compliance with this section.
(2) A training facility licensee must require all contestants to:
(a) Be amateurs;
(b) Be at least ten years of age;
(c) Wear full pads, including shin and instep pads, kneepads, and
sparring style gloves weighing a minimum of six ounces per glove; and
(d) Follow rules adopted by the department. The rules shall
include, but are not limited to, the following:
(i) Contestants ages ten through twelve shall not perform elbow
strikes, knee blows to the head, wrist or ankle locks, strikes to an
opponent's head while the opponent is on the ground, lower body
submissions, or throwing or spiking an opponent onto the opponent's
head.
(ii) Contestants ages thirteen through fifteen shall not perform
elbow strikes, knee blows to the head, wrist or ankle locks, twisting
leg locks, strikes to an opponent's head while the opponent is on the
ground, or throwing or spiking an opponent onto the opponent's head.
(iii) Contestants ages sixteen and seventeen shall not perform
elbow strikes, twisting leg locks, knee blows to the head, or throwing
or spiking an opponent onto the opponent's head.
(iv) Contestants age eighteen or older shall not perform elbow
strikes to the head, twisting knee locks, knees to the head of a
grounded opponent, or throwing or spiking an opponent onto the
opponent's head.
(3) Training facility licensees must:
(a) Hold events only at venues open to all ages, if minors are
allowed to compete;
(b) Require an immediate end to any bout during which a wound
sustained by a contestant does not cease bleeding within five
cumulative minutes;
(c) Use trained officials; and
(d) Meet other standards adopted by the department by rule.
(4) RCW 67.08.030, 67.08.050, 67.08.055, 67.08.060, 67.08.090,
67.08.130, 67.08.160, and 67.08.170 do not apply to events held in
compliance with this section.
(5) Training facility events not in compliance with this section
are subject to all the requirements of this chapter except for this
section.
(6) The department may conduct random inspections of training
facilities and training facility events to assure compliance with this
chapter.
NEW SECTION. Sec. 5 No amateur or professional no holds barred
fighting or combative fighting contest, exhibition, match, or similar
type of event, nor any elimination tournament, may be held in this
state. Any person promoting such an event is guilty of a class C
felony. Additionally, the director may apply to a superior court for
an injunction against any and all promoters of such contests, and the
court may seize all money and assets relating to the competition at the
request of the director.
Sec. 6 RCW 67.08.017 and 2002 c 86 s 307 are each amended to read
as follows:
In addition to the powers described in RCW 18.235.030 and
18.235.040, 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; and
(2) Adopt standards of ((professional)) conduct or practice((;)).
(3) 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; and
(4) Establish and assess fines for violations of this chapter that
may be subject to payment from a contestant's purse
Sec. 7 RCW 67.08.030 and 1997 c 205 s 5 are each amended to read
as follows:
(1) Every promoter, as a condition for receiving a license, shall
file with the department a surety bond in an amount to be determined by
the department, but not less than ten thousand dollars, 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, to ensure the payment of the ((taxes))
event fee, officials' fee, and contestant contracts as provided for
herein and the observance of all rules of the department.
(2) Boxing and martial arts 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))
contestants at the time of each event held in this state and provide
proof of insurance to the department seventy-two hours before each
event. The ((evidence)) proof of insurance must specify, at a minimum,
the name of the insurance company, the insurance policy number, the
effective date of the coverage, the expiration date of the policy, and
((evidence)) wording that each ((participant)) contestant is covered by
the insurance at the time of each event. 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 or martial arts 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 or martial arts event if
the promoter fails to provide proof of medical insurance ((within the
proper time frame)) seventy-two hours before each event.
Sec. 8 RCW 67.08.050 and 2009 c 429 s 1 are each amended to read
as follows:
(1) ((Any)) Ten days prior to the holding of any boxing or martial
arts event, promoters shall ((within seven days prior to the holding of
any event)) file with the department a preliminary statement setting
forth the name of each ((licensee who is a)) potential ((participant,
his or her manager or managers,)) contestant, and such other
information as the department may require. ((Participant)) Contestant
changes ((regarding a wrestling event)) or additions may be allowed
((after notice to the department, if the new participant holds a valid
license under this chapter. The department may stop any wrestling
event in which a participant is not licensed under this chapter)) upon
approval by the department.
(2) ((Upon the termination)) No later than ten days after the end
of any 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 the
event, the price charged for the tickets and the gross ((proceeds))
receipts 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 report under this section an event fee to be
determined by the director pursuant to RCW 67.08.105. However, the
event fee may not be less than twenty-five dollars. The event fee and
license fees collected under this chapter shall be paid by the
department into the business and professions account under RCW
43.24.150.
Sec. 9 RCW 67.08.055 and 2009 c 429 s 2 are each amended to read
as follows:
Every ((licensee)) promoter who charges and receives an admission
fee for exhibiting a simultaneous telecast of any live, current, or
spontaneous boxing ((or sparring match)), martial arts, or wrestling
((exhibition or show)) event on a closed circuit telecast ((viewed
within)) originating in this state shall, within ((seventy-two hours))
ten working days after such event, furnish to the department a verified
written report on a form which is supplied by the department showing
the number of tickets issued or sold, and the gross receipts therefor
without any deductions whatsoever. Such ((licensee)) promoter shall
also, at the same time, pay to the department an event fee to be
determined by the director pursuant to RCW 67.08.105. In no event,
however, shall the event fee be less than twenty-five dollars. The
event fee shall be immediately paid by the department into the business
and professions account under RCW 43.24.150.
Sec. 10 RCW 67.08.060 and 1997 c 205 s 7 are each amended to read
as follows:
(1) The department ((may)) shall appoint official inspectors ((at
least one of which, in the absence of a member of the department,)) who
shall be present at any event held under the provisions of this
chapter. The director and inspectors shall not have any interest or
connection, either direct or indirect, in the promotion of any event or
contestant in this state. Such inspectors shall carry a card signed by
the director evidencing their authority. It shall be their duty to see
that all rules 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 event, and such inspector is authorized to
receive from the licensee conducting the event the statement of
receipts herein provided for and to immediately transmit such reports
to the department)).
(2) At all times at all events, contestants, promoters, and all
officials shall be under the direction of the director or its
inspector.
(3) The department shall also appoint all other event officials who
shall carry a card evidencing their authority.
(4) Each ((inspector)) appointed official shall receive a fee and
travel expenses from the promoter through the department to be set by
the director for each event officially attended.
Sec. 11 RCW 67.08.080 and 1999 c 282 s 5 are each amended to read
as follows:
A boxing event held in this state may not be for more than ten
rounds and no one round of any bout shall be scheduled for longer than
three minutes and there shall be not less than a one minute
intermission between each round. In the event of bouts involving
state, regional, national, title eliminator, or world championships the
department may grant an extension of no more than two additional rounds
to allow total bouts of twelve rounds. ((A contestant in any boxing
event under this chapter may not be permitted to wear gloves weighing
less than eight ounces.)) The director shall adopt rules to assure
clean and sportsmanlike conduct on the part of all contestants and
officials, and the orderly and proper conduct of the event in all
respects, and to otherwise make rules consistent with this chapter, but
such rules shall apply only to events held under the provisions of this
chapter. The director may adopt rules with respect to round and bout
limitations, glove weights, weight classes, pads, safety gear, and
clean and sportsmanlike conduct for ((kickboxing)) boxing, martial
arts, or wrestling events.
Sec. 12 RCW 67.08.090 and 2002 c 147 s 2 and 2002 c 86 s 308 are
each reenacted and amended to read as follows:
(1) ((Each contestant for boxing, kickboxing, or martial arts
events shall be examined within twenty-four hours before the contest by
an event physician licensed by the department. The event physician
shall 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 event physician shall be permitted to participate in
any event. Blank forms for event physicians' reports shall be provided
by the department and all questions upon such blanks shall be answered
in full. The event physician shall be paid a fee and travel expenses
by the promoter.)) A boxing((
(2) The department may require that an event physician be present
at a wrestling event. The promoter shall pay the event physician
present at a wrestling event., kickboxing,)) or martial
arts event may not be held unless an event physician ((licensed by the
department)) is present throughout the event. In addition to the event
physician, a chiropractor may be included as ((a licensed)) an official
at a boxing((, kickboxing,)) or martial arts event. ((The promoter
shall pay the chiropractor present at a boxing, kickboxing, or martial
arts event.)) (2) Any physician ((
(3)licensed under RCW 67.08.100)) may be
selected by the department as the event physician. The event physician
present at any ((contest)) event shall have authority to stop any
((event)) bout when in the event physician's opinion it would be
dangerous ((to a contestant)) to continue((, and in such event it shall
be the event physician's duty to stop the event.)).
(4) The department may have a participant in a wrestling event
examined by an event physician licensed by the department prior to the
event. A participant in a wrestling event whose condition is not
approved by the event physician shall not be permitted to participate
in the event
(((5))) (3) Each contestant for a boxing or martial arts event
shall receive a prefight physical before an event and within a time
frame specified in rule. The prefight physical shall be performed by
the event physician who shall complete and sign a prefight physical
form provided by the department. The completed prefight physical form
must be provided to the inspector prior to the beginning of the event.
A contestant whose physical condition is not approved by the event
physician may not be permitted to participate in the event.
(4) Each contestant for boxing, ((kickboxing,)) martial arts, or
wrestling events may be subject to a random urinalysis or chemical test
within twenty-four hours before or after ((a contest)) an event. A
portable breath test may be administered within twenty-four hours
before an event, during an event, or after an event until the postfight
physical has been completed to determine if a contestant has consumed
or is affected by alcoholic beverages. Contestants shall not consume
alcoholic beverages until the postfight physical has been completed by
the event physician. In addition to the unprofessional conduct
specified in RCW 18.235.130, an applicant or licensee who tests
positive for alcohol or who refuses or fails to submit to the portable
breath test, urinalysis, or chemical test is subject to disciplinary
action under RCW 18.235.110. If the urinalysis or chemical test is
positive for ((substances prohibited by rules adopted by the director))
illegal use of a controlled substance as defined in RCW 69.50.101, the
applicant or licensee has engaged in unprofessional conduct and
disciplinary action may be taken under RCW 18.235.110.
(5) The department may require that an event physician be present
at a wrestling event. The department may appoint a chiropractor to
attend a wrestling event when requested by the promoter. The
department may have a contestant in a wrestling event examined by the
event physician prior to the event. A contestant in a wrestling event
whose condition is not approved by the event physician shall not be
permitted to participate in the event.
(6) The event physician and chiropractor shall be paid a fee and
travel expenses by the promoter through the department in an amount to
be set by the director for each event officially attended.
Sec. 13 RCW 67.08.100 and 2002 c 147 s 3 and 2002 c 86 s 309 are
each reenacted and amended to read as follows:
(1) The department, 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)) boxing contestant; (d) second; (e) wrestling participant;
(f) inspector; (g) judge; (h) timekeeper; (i) announcer; (j) ((event
physician; (k) chiropractor; (l))) referee; (((m))) (k) matchmaker;
(((n) kickboxer)) (l) instructor; ((and (o))) (m) martial arts
((participant)) contestant; and (n) training facility.
(2) ((The application for the following types of licenses)) With
the application, a contestant and referee shall include a physical
performed by a physician, ((as defined in RCW 67.08.002,)) which was
performed by the physician ((with)) within a time period preceding the
application as specified by rule((: (a) Boxer; (b) wrestling
participant; (c) kickboxer; (d) martial arts participant; and (e)
referee)). A boxing contestant must present with the application proof
of having a federal identification card. Except for a contestant at a
training facility event, a martial arts contestant must present with
the application proof of having a national identification card.
(3) An applicant or licensee upon renewal for the following types
of licenses for the sports of boxing((, kickboxing,)) and martial arts
shall provide annual proof of certification as having adequate
experience, skill, and training for the license applied for from ((an
organization approved by the department, including, but not limited to,
the association of boxing commissions, the international boxing
federation, the international boxing organization, the Washington state
association of professional ring officials, the world boxing
association, the world boxing council, or the world boxing organization
for boxing officials, and the united full contact federation for
kickboxing and martial arts officials)) a licensed instructor who
instructs in a curriculum approved by the department as determined by
rule: (a) Judge; (b) referee; (c) ((inspector; (d))) timekeeper; or
(((e))) (d) other officials deemed necessary by the department.
(4) An applicant or licensee upon renewal for an inspector or an
instructor license shall meet qualifications as determined by rule.
(5) An applicant or licensee upon renewal for a training facility
license shall be required to provide proof of ownership of the business
and such other information as the department may require. An applicant
must have been engaged in the business of a training facility in the
state for at least two years to be granted a license.
(6) No person shall participate or serve in any of the above
capacities unless licensed or exempted as provided in this chapter.
(((5) The referees, judges, timekeepers, event physicians,
chiropractors, and inspectors)) (7) All officials for any boxing((,
kickboxing,)) or martial arts event other than an event held in
compliance with section 4 of this act and wrestling events shall be
((designated)) appointed by the department ((from among licensed
officials)).
(((6))) (8) The referee for any wrestling event shall be provided
by the promoter and shall be licensed as a wrestling ((participant))
contestant.
(((7))) (9) The department shall immediately suspend the license or
certificate of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services as a person
who is not in compliance with a support order. If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be automatic
upon the department's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance
with the order.
(((8))) (10) A person may not be issued a license if the person has
an unpaid fine, related to boxing, martial arts, or wrestling,
outstanding to the department.
(((9))) (11) A person may not be issued a license unless they are
at least eighteen years of age.
(((10))) (12) 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)) and which are sponsored by veterans'
organizations chartered by congress or the defense department. Upon
request of the department, a promoter, contestant, or participant shall
provide sufficient information to reasonably determine whether this
chapter applies.
Sec. 14 RCW 67.08.130 and 2002 c 86 s 311 are each amended to
read as follows:
Whenever any licensee shall fail to make a report of any event
within the time prescribed by this chapter or when such report is
unsatisfactory to the department, the director 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 event and the amount of ((tax)) fee thereon. If,
upon the completion of such examination it shall be determined that an
additional ((tax)) fee is due, notice thereof shall be served upon the
licensee, providing the licensee with an opportunity to request a
hearing under chapter 34.05 RCW. The failure to request a hearing
within twenty days of service of the notice constitutes a default,
whereupon the director will enter a decision on the facts available.
Failure to pay such additional ((tax)) fee within twenty days after
service of a final order constitutes unprofessional conduct and the
licensee may be subject to disciplinary action against its license and
shall be disqualified from receiving any new license.
Sec. 15 RCW 67.08.140 and 2002 c 86 s 312 are each amended to
read as follows:
Any person((, club, corporation, organization, association,
fraternal society, participant, or promoter)) conducting or
participating in boxing, martial arts, or wrestling events within this
state without having first obtained ((a)) the applicable license
((therefor in the manner provided by)) under this chapter is in
violation of this chapter and shall be guilty of a misdemeanor
excepting the events and persons excluded from the ((operation))
licensing requirement of this chapter ((by RCW 67.08.015)).
Sec. 16 RCW 67.08.160 and 1999 c 282 s 10 are each amended to
read as follows:
A promoter shall have an ambulance or a paramedical unit with
transport and resuscitation capabilities and a minimum of two
attendants present at the event location. The ambulance or paramedical
unit, and attendants, must be present for the duration of the event
until the completion of all postfight physicals.
Sec. 17 RCW 67.08.170 and 1997 c 205 s 15 are each amended to
read as follows:
A promoter shall ensure that adequate security personnel are ((in
attendance)) present at ((a wrestling or boxing)) an event to control
((fans)) spectators 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. 18 RCW 67.08.180 and 2002 c 86 s 313 are each amended to
read as follows:
In addition to the unprofessional conduct specified in RCW
18.235.130, the following conduct, acts, or conditions constitute
unprofessional conduct for which disciplinary action may be taken:
(1) ((Destruction of any ticket or ticket stub, whether sold or
unsold, within three months after the date of any event, by any
promoter or person associated with or employed by any promoter.)) The deliberate cutting ((
(2)of himself or herself)) or other
((self)) mutilation of any person by a wrestling ((participant))
contestant while participating in a wrestling event.
(((3))) (2) A conviction under chapter 69.50 RCW.
(((4))) (3) Testing positive for illegal use of a controlled
substance as defined in RCW 69.50.101.
(((5))) (4) The striking of any person ((that is not a licensed
participant at a wrestling)), other than the approved bout opponent at
the event.
(5) Conducting or participating in any boxing or martial arts sham
or fake event.
Sec. 19 RCW 67.08.200 and 1997 c 205 s 17 are each amended to
read as follows:
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)) a violation of this
chapter, 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.
Sec. 20 RCW 67.08.300 and 2002 c 86 s 314 are each amended to
read as follows:
The director or individuals acting on the director's behalf and all
appointed event officials are immune from suit in an action, civil or
criminal, based on official acts performed in the course of their
duties in the administration and enforcement of this chapter.
Appointed event officials are not immune from disciplinary actions
brought under this chapter and chapter 18.235 RCW by the department.
NEW SECTION. Sec. 21 The following acts or parts of acts are
each repealed:
(1) RCW 67.08.010 (Licenses for boxing, martial arts, and wrestling
events -- Telecasts) and 2002 c 86 s 305, 1997 c 205 s 2, 1993 c 278 s
10, 1989 c 127 s 13, 1975-'76 2nd ex.s. c 48 s 2, & 1933 c 184 s 7;
(2) RCW 67.08.040 (Issuance of license) and 1993 c 278 s 14, 1975-'76 2nd ex.s. c 48 s 4, & 1933 c 184 s 10;
(3) RCW 67.08.110 (Unprofessional conduct -- Sham or fake event) and
2002 c 86 s 310, 1999 c 282 s 8, 1997 c 205 s 11, 1993 c 278 s 21, 1989
c 127 s 11, & 1933 c 184 s 17;
(4) RCW 67.08.220 (Unprofessional conduct--Order upon finding--Penalties--Costs) and 1997 c 205 s 19; and
(5) RCW 67.08.240 (Unprofessional conduct--What constitutes) and
1997 c 205 s 21.
NEW SECTION. Sec. 22 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.
NEW SECTION. Sec. 23 Sections 4 and 5 of this act are each added
to chapter
NEW SECTION. Sec. 24 Sections 1 through 23 of this act take
effect January 1, 2012.
NEW SECTION. Sec. 25 The director of the department of licensing
may take such steps as are necessary to ensure that this act is
implemented on January 1, 2012.