Archives > 1976 South Carolina Code of Laws - Previous Versions > 2015 Session > Title 40

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SECTION 40-81-10. Application of law.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the State Athletic Commission administered by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control. The Professional Boxing Safety Act of 1996 (15 U.S.C. Section 6301 et seq.) and all other federal laws pertaining to boxing are incorporated by reference and made a part of this chapter.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-20. Definitions.

For the purpose of this chapter:

(1) "Admissions" means the amount paid for seats to witness an event or exhibition or any fee charged for presenting an event or exhibition including, but not be limited to, complimentary tickets given in exchange for services. This term does not include admission for contestants, officials, representatives of the commission, and the media.

(2) "Administrator" means the individual whom the Director of the Department of Labor, Licensing and Regulation appoints to administer the State Athletic Commission program.

(3) "Announcer" means any person who is licensed by the commission and is designated by the promoter to introduce the participants and provide information to the public at the event or exhibition.

(4) "Bout" means the individual contest between two participants for a scheduled number of rounds.

(5) "Boxer" means a person who competes for a purse or compensation in boxing matches, contests, or exhibitions.

(6) "Boxing" means any form of event or exhibition in which a person delivers blows to another, with any part of the arm below the shoulder, including the hand, which may be reasonably expected to disable or inflict injury.

(7) "Combative sports" means any professional sport where participants intend and actually kick, punch, and use other techniques to injure or disable an opponent in an event or exhibition before an audience on a platform, a pad, or in an area surrounded by ropes or other markings.

(8) "Commission" means the State Athletic Commission.

(9) "Contestant" means any one who competes or participates in an event or exhibition regulated by the State Athletic Commission.

(10) "Department" means the Department of Labor, Licensing and Regulation.

(11) "Department representative" means the individual designated by the administrator, at the request of the director, to supervise an event or exhibition regulated by the State Athletic Commission.

(12) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee.

(13) "Emergency medical technician" means a person who is certified by the Department of Health and Environmental Control pursuant to the Emergency Medical Services Act.

(14) "Event" means an occurrence, bout, or contest regulated by the State Athletic Commission in which any contestant displays or exhibits athletic skills in competition.

(15) "Exhibition" means an occurrence in which the participant shows, displays, or performs without striving to win.

(16) "Kickboxing" means any form of competition in which a person delivers blows with any part of the arm below the shoulder, including the hand and any part of the leg below the hip, including the foot.

(17) "License" means the written approval given, upon application, by the commission to a person, club, corporation, organization, or association to participate in or promote events or exhibitions regulated by the State Athletic Commission.

(18) "Manager" means a person who does any of the following:

(a) by contract with a person undertakes or has undertaken to represent in any way the interest in which a contestant is to participate and receive monetary or other compensation for his services without regard to the source of the compensation;

(b) directs or controls the professional activities of a contestant;

(c) receives or is entitled to receive a share of the gross purse or gross income of an event or exhibition;

(19) "Matchmaker" means a person who undertakes to obtain agreements between managers or contestants, or both, for the purpose of securing contestants for a boxing event or exhibition regulated by the State Athletic Commission.

(20) "Official" means the judges, referees, timekeepers, and other persons assigned by the administrator and necessary to conduct an event or exhibition.

(21) "Participant" means a person who acts as a promoter, boxer, wrestler, judge, referee, manager, contestant, trainer, second, timekeeper, announcer, or matchmaker in connection with an event or exhibition regulated by the State Athletic Commission.

(22) "Permit" means the written approval given, upon application, by the commission to a promoter to hold and conduct an event or exhibition regulated by the State Athletic Commission at a specific time, date, and location.

(23) "Person" means an individual, group of individuals, business, corporation, partnership, association, or collective entity.

(24) "Physician" means a person licensed to practice medicine or osteopathy in this State.

(25) "Professional kick boxer" means any form of competition in which a person delivers blows with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot, and the person is compensated with anything of value.

(26) "Promoter" means a person, club, corporation, organization, or association which promotes, advertises, presents, conducts, holds, or gives a boxing, kickboxing, mixed martial arts, or wrestling event or exhibition in this State.

(27) "Promoter"s representative' means a person who is designated in writing by the promoter to ensure compliance with this chapter and who has binding authority for all promoters.

(28) "Purse" means the total amount paid by a promoter to the contestants and officials for participating in an event or exhibition.

(29) "Ringside physician" is the physician responsible for examining the contestant before, during, and after each event or exhibition and who is present at ringside for the entire event or exhibition.

(30) "Second" means a person who is licensed by the commission to serve in the corner of a professional boxer during the bout.

(31) "Technical knockout" means a victory with immediate termination of the bout or match, ordered by the referee, when it appears that one boxer is unable to continue.

(32) "Toughman contest" or "off the street boxing" means a competition in which contestants who have no professional experience as boxers compete in a series of boxing matches. The term does not include an amateur contest or exhibition that complies with the provisions of Section 40-81-500.

(33) "Trainer" means any person who is licensed by the commission and trains individuals to compete in professional boxing or kickboxing events or exhibitions.

(34) "Mixed martial arts" means an event or exhibition, or part thereof, where the contestants are compensated and allowed to use any variation or combination of combative sports or fighting skills, which may include, but are not limited to, boxing, wrestling, kickboxing, or martial art skills.

(35) "Weapon" means anything that is not a part of the human body, excluding boxing gloves and equipment used in combative sports.

(36) "Wrestler" means a person who performs before, during, or after a wrestling event or exhibition which is in conjunction in any way with the event or exhibition or its script. These persons shall meet all qualifications for licensure and pay the prescribed fee.

(37) "Wrestling" means events or exhibitions choreographed such that two or more opponents struggle hand to hand in an attempt to force another down for the purpose of providing entertainment to spectators.

HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Sections 1.A, 1.B.

SECTION 40-81-30. Licensure.

No person shall promote or participate in an event or exhibition without a license from the commission.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-40. Administration; review of administrator's decision.

(A) The director of the department shall appoint an administrator, who shall assign referees, judges, and other officials necessary to administer this chapter. The department shall employ and supervise personnel necessary to effectuate the provisions of this chapter.

(B) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the commission and shall administer the commission as a revenue funded commission in accordance with Section 40-1-50.

(C) An applicant or licensee aggrieved by a decision of the administrator may request in writing a review of that decision by the commission.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-50. Creation of the Commission; appointment; compensation.

(A) There is created the State Athletic Commission consisting of nine members appointed by the Governor with the advice and consent of the Senate to regulate boxing, kickboxing, wrestling, mixed martial arts, and other combative sports in this State. One member must be appointed from each congressional district of the State and two from the State at large. One of the at-large appointments must be a physician licensed and in good standing in the State. The terms of the members are for four years and until their successors are appointed and qualified. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, kickboxing, mixed martial arts, or wrestling event or exhibition.

(B) Commission members must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the commission. Compensation and reimbursements paid to commission members under this subsection must be paid as an expense of the commission in the administration of this chapter and must be paid from the fees received by the commission pursuant to the provisions of this chapter or in a manner prescribed by the department.

HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 2; 2012 Act No. 279, Section 13, eff June 26, 2012.

Editor's Note

2012 Act No. 279, Section 33, provides as follows:

"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."

Effect of Amendment

The 2012 amendment in subsection (A), substituted nine" for "eight", and made other nonsubstantive changes.

SECTION 40-81-60. Election of chairman and officers; meetings.

(A) The commission shall annually elect a chairman and other officers the commission may designate.

(B) The commission shall meet at least twice yearly at the call of the chairman. The chairman may call other meetings when considered necessary and shall do so on petition of a majority of the commission.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-70. Powers and duties.

(A) The commission shall:

(1) determine the eligibility of applicants for examination and licensure pursuant to the provisions of this chapter;

(2) examine applicants for licensure;

(3) promulgate an appropriate code of professional ethics;

(4) conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter;

(5) discipline persons licensed under this chapter in a manner provided for in this chapter;

(6) promulgate regulations which must be submitted to the director at least thirty days before filing with the Legislative Council pursuant to Section 1-23-30.

(B) At the request of the director, the administrator shall designate the department representative at an event or exhibition.

(C) The department representative shall supervise events and exhibitions for the purpose of enforcing this chapter including, but not limited to:

(1) issuing licenses to contestants and participants according to the requirements of this chapter;

(2) investigating or inspecting all conditions or persons subject to permit or licensure;

(3) collecting unpaid fees.

(D) The commission designee in conjunction with the department representative shall review the Association of Boxing Commissions' National Registry or any other approved registry along with all additional appropriate information and approve or deny all pairing of contestants.

HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 3.

SECTION 40-81-80. Investigations.

The department shall investigate complaints and conduct inspections of alleged violations of this chapter as provided for in Section 40-1-80.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-90. Disciplinary proceedings.

The commission may conduct disciplinary action proceedings as provided for in Section 40-1-90.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-100. Enforcement of licensing and permit requirements.

The commission may enforce the licensing and permitting requirements of this chapter as provided for in Section 40-1-100.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-110. Grounds for discipline.

The commission may take disciplinary action based upon any of the grounds provided for in Section 40-1-110.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-115. Jurisdiction.

The commission has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-120. Disciplinary violations; sanctions.

(A) Upon a determination by the commission that one or more of the grounds for discipline exists, in addition to the actions provided for in Sections 40-1-120 and 40-1-130, the commission may:

(1) refuse to renew a license or revoke or suspend a license for all or any part of the unexpired portion of the license;

(2) impose a fine of not more than one thousand dollars for each violation.

(B) A sanction imposed or disciplinary action taken pursuant to this section may be appealed to an administrative law judge pursuant to the Administrative Procedures Act.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-130. Denial of Licensure.

The commission shall deny licensure to an applicant who has committed an act that would be grounds for disciplinary action under this chapter. The commission shall deny licensure to an applicant who has failed to demonstrate the qualifications or standards for licensure contained in this chapter. The applicant shall demonstrate to the satisfaction of the commission that the applicant meets all the requirements for the issuance of a license.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-140. Prior criminal conviction; licensure.

A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-160. Appeal.

A person aggrieved by a final action of the commission may seek review of the decision in accordance with Section 40-1-160.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-170. Payment of costs.

A person found in violation of this chapter or a regulation promulgated pursuant to this chapter may be required to pay costs associated with the investigation, inspection, and prosecution of the case in accordance with Section 40-1-170.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-180. Collection of costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-190. Privileged communications in disciplinary actions; due process; final orders.

(A) A communication, whether oral or written, made by or on behalf of a person to the director or commission or a person designated by the director or commission to investigate or hear matters relating to discipline of a licensee, whether by way of complaint or testimony, is privileged and exempt from disclosure for any reason whatsoever, except to the extent disclosed in the course of the proceedings before the commission. No action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon other proof that the communication was made with malice.

(B) Nothing in this chapter may be construed to prohibit the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law or to prohibit the respondent from normal access to the charges and evidence filed against the respondent as part of due process under the law.

(C) Notwithstanding the provisions of this section, a final order of a commission disciplining a licensee is public information as provided for in Section 40-1-120.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-200. Penalty.

A person who violates the provisions of this chapter or a regulation promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-210. Civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the commission may seek civil penalties and injunctive relief in accordance with Section 40-1-210.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-220. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-230. Issuance of licenses.

The commission shall issue licenses pursuant to this chapter as follows:

(1) boxer;

(2) wrestler;

(3) manager;

(4) second;

(5) trainer;

(6) announcer;

(7) promoter;

(8) promoter's representative;

(9) referee;

(10) judge;

(11) timekeeper;

(12) matchmaker;

(13) professional kickboxer;

(14) mixed martial arts contestant.

HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 4.

SECTION 40-81-240. Application for licensure.

(A) An application for licensure under this chapter must be submitted on an approved form, completed in its entirety. The application must be signed by the applicant. If any questions or requests for information on the application are left blank or incomplete, the commission must deny the application. In the case of a corporation or association, the application must be signed by its president or a representative who has binding authority for the corporation, association, or entity. An application for a license must be accompanied by proof of age acceptable to the commission.

(B) All licenses are valid from January 1 to December 31 of the year issued.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-250. Boxing events or exhibitions; compliance with federal law.

(A) In addition to the requirements of this chapter, all boxing events or exhibitions must be conducted in accordance with all applicable federal statutes and regulations including, but not limited to, 15 U.S.C. Section 6301 et seq.

(B) No boxing bout shall be more than twelve rounds in length.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-260. Boxing license; pre-fight physical.

(A) In order to be licensed as a boxer for an event or exhibition, an applicant:

(1) must be between the ages of 18 and 35, unless the commission by a supermajority vote waives this requirement as to an individual applicant over the age of 35;

(2) must not be listed on the Association of Boxing Commissions' National Suspension List;

(3) shall submit a completed application with payment of the prescribed fee;

(4) shall submit documentation, on a commission-approved form, that the applicant has undergone a comprehensive medical examination by a licensed physician subsequent to his last boxing match and not more than fifteen days before an event or exhibition in this State in which he plans or proposes to participate or compete. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical examination must include a clinical, neurological, neurophysiological, and ophthalmologic examination, that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician. If, at the time of these examinations, there is any indication of brain injury, or for any other reason the physician considers appropriate, the applicant must undergo further neurological and neurophysiological examinations by a specialized physician including, but not limited to, a computerized tomography or medically equivalent procedure. The commission shall not issue a license to an applicant until all examinations are completed and the physician determines that the boxer is eligible to participate or compete;

(5) shall submit evidence that the applicant has been tested not more than one year before the scheduled event or exhibition and is not infected with the human immunodeficiency virus and shall show proof of immunity for Hepatitis B and Hepatitis C;

(6) shall submit any additional documentation required by federal law pertaining to boxing.

(B) A boxer shall submit to a pre-fight physical by a ringside physician and be found eligible to compete and not medically disqualified.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-265. Toughman contest or off the street boxing license.

In order to be licensed as a contestant in a toughman contest or off the street boxing, an applicant:

(1) shall be between the ages of 18 and 35;

(2) must not be now or have ever been licensed in any state or jurisdiction as a professional boxer. The promoter shall provide to the commission the Association of Boxing Commission's approved registry of fight records on all participants that indicate they are not nor have they ever been licensed in any state or jurisdiction as a professional boxer;

(3) shall submit a completed application with payment of the prescribed fee;

(4) shall submit documentation, on a commission-approved form, that the applicant has undergone a comprehensive medical examination by a licensed physician subsequent to his last toughman or off the street boxing match and not more than fifteen days before an event or exhibition in this State in which he plans or proposes to participate or compete. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical examination must include a clinical, neurological, neurophysiological examination that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician;

(5) involved in off the street boxing tournaments shall be required to undergo an ophthalmology examination if he or she indicates on the application he or she has been knocked out in the last twelve months.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-270. Conditions applicable to promoter's representatives for female boxers.

In addition to meeting the requirements of Section 40-81-260, the promoter's representative for female boxers shall meet the following conditions:

(1) No applicant shall be contracted for or engage in a contest between male and female.

(2) Contests must be limited to four, six, eight, ten, or twelve rounds of two minutes' duration.

(3) Custom fitted mouthpieces must be used of the same variety required of male boxers.

(4) Gloves weighing not less than ten ounces must be worn.

(5) A physician approved breast protector must be used.

(6) Hair must be secured in a manner which will not interfere with the vision or safety of the contestant.

(7) Pre-fight physicals must be performed as provided in Section 40-81-490 and must include a negative pregnancy test.

(8) The annual physical examination shall include a pelvic examination. Before each event or exhibition, the examining physician shall perform an abdominal examination and breast examination.

(9) Promoters shall provide female boxers with adequate separate dressing rooms.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-280. Professional kickboxer and mixed martial arts contestant licensing requirements.

In order to be licensed as a professional kickboxer or mixed martial arts contestant for an event or exhibition, an applicant:

(1) must be between the ages of eighteen and thirty-five, unless the commission by a majority vote waives this requirement as to an individual applicant over the age of thirty-five;

(2) shall submit a completed application with payment of the prescribed fee; and

(3) shall submit documentation, on a commission-approved form, that the applicant has undergone a comprehensive physical examination by a licensed physician subsequent to his last match or fifteen days before an event or exhibition in this State. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical exam shall include a clinical, neurological, neurophysiological, and ophthalmologic examination that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician. If, at the time of these examinations, there is any indication of brain injury, or for any other reason the physician considers appropriate, the applicant shall undergo further neurological and neurophysiological examinations by a specialized physician including, but not limited to, a computerized tomography or medically equivalent procedure. The commission shall not issue a license to an applicant until all examinations are completed and the physician determines that the kickboxer is eligible to participate or compete;

(4) shall submit evidence that the applicant has been tested not more than one year before the scheduled event or exhibition and is not infected with the human immunodeficiency virus and shall show proof of immunity for Hepatitis B and Hepatitis C; and

(5) shall submit any additional documentation required by the commission.

HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 5.

SECTION 40-81-290. Conditions applicable to promoter's representative for female kick boxers.

In addition to meeting the requirements of Section 40-81-280, promoter's representative for female professional kick boxers shall meet the following conditions:

(1) A commission-approved breast protector must be used.

(2) Hair must be secured in a manner which will not interfere with the vision or safety of the contestant.

(3) Pre-fight physicals must be performed as provided in Section 40-81-490 and must include a negative pregnancy test.

(4) The annual physical examination must include a pelvic examination. Before each event or exhibition, the examining physician shall perform an abdominal examination and breast examination.

(5) Promoters shall provide female kick boxers with adequate separate dressing rooms.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-300. Wrestling license.

In order to be licensed as a wrestler, an applicant:

(1) shall submit a completed application with payment of the prescribed fee;

(2) shall submit documentation that the applicant has undergone an annual physical examination by a licensed physician and has been found physically able to participate.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-310. Manager licenses.

In order to be licensed as a manager, an applicant shall submit a completed application with payment of the prescribed fee.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-320. Licensure as a second.

In order to be licensed as a second, an applicant shall submit a completed application with payment of the prescribed fee.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-330. Trainer licenses.

In order to be licensed as a trainer, an applicant shall submit a completed application with payment of the prescribed fee.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-340. Announcer licenses.

In order to be licensed as an announcer, an applicant shall submit a completed application with payment of the prescribed fee.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-350. Promoter licenses.

In order to be licensed as a promoter, an applicant:

(1) shall submit a completed application with payment of the prescribed fee;

(2) may not have been convicted or pled guilty or nolo contendere to a felony, crime of moral turpitude, or other crime related to licensure.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-360. Duties of promoters.

(A) All promoters holding licenses and permits shall comply with all applicable city, county, state, and federal laws regarding licensure and events or exhibitions. Promoters shall pay the commission five percent of the total admissions received at the event or exhibition at the time and in the manner designated by the commission. Promoters shall pay the commission an amount equal to the out of pocket cost of event exhibition inspections and any related investigations made by the department.

(B) A licensed promoter is responsible for compliance and enforcement of this chapter, regulations, and policies of the commission.

(C) Promoters are responsible for maintaining order and security at events and exhibitions. Promoters of boxing events shall have an ambulance with appropriate medical equipment and personnel on site during the event or exhibition.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-370. Promoters' representatives.

Before a permit is issued, all promoters' representatives must be identified and licensed by the commission.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-380. Referee licenses.

In order to be licensed as a referee, an applicant:

(1) shall submit a completed application with payment of the prescribed fee;

(2) shall successfully pass a commission-approved written examination. A referee who has a license in good standing in this or any other state or jurisdiction may obtain a South Carolina license without taking and passing the commission-approved written examination;

(3) shall submit a statement annually from a licensed physician indicating that the applicant is physically able to perform the duties of a referee.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-390. Judge licenses.

In order to be licensed as a judge, an applicant:

(1) shall submit a completed application with payment of the prescribed fee;

(2) shall successfully pass a commission-approved written examination. A judge who has a license in good standing in this or any other state or jurisdiction may obtain a South Carolina license without taking and passing the commission-approved written examination.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-400. Timekeeper licenses.

In order to be licensed as a timekeeper, an applicant shall submit a completed application with payment of the prescribed fee.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-410. Matchmaker licenses.

In order to be licensed as a matchmaker, an applicant shall submit a completed application with payment of the prescribed fee.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-420. Event or exhibition permits.

In order to be issued an event or exhibition permit, a promoter currently licensed in this State shall:

(1) submit a completed application containing the information required by the commission including, but not limited to:

(a) the names and current license numbers of all participants, contestants, and promoters;

(b) evidence of medical, hospitalization, and life insurance in the sum of ten thousand dollars that covers every contestant;

(c) evidence that a surety bond or certified funds have been filed with the department in the amount equal to the total value of any purse offered;

(d) information from the Association of Boxing Commissions' National Registry which includes each boxer's ring history;

(e) evidence that each contestant has complied with the licensing requirements in Section 40-81-260 and Section 40-81-270;

(f) copies of the contracts between boxers, managers, and officials and copies of the contracts with the promoter covering all contestants, participants, and officials in the event or exhibition for which the permit is issued.

(2) In the case of a corporation, association, or entity the application must be signed by its president or a representative who has binding authority for the corporation, association, or entity.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-425. Additional requirements for toughman contest or off the street boxing permits; bonds.

In addition to the requirements of Section 40-81-420, in order to be issued an event or exhibition permit for a toughman contest or off the street boxing, a promoter currently licensed in this State shall assure that:

(1) kicking shall not be permitted in off the street boxing;

(2) no boxer shall participate in more than four bouts in the same calendar day or on successive days without specific approval of the duly authorized department representative. The ringside physician must check and record a boxer's blood pressure prior to each fight;

(3) no one shall be allowed to be licensed or participate in an off the street boxing tournament if they are now or have ever been licensed in any state or jurisdiction as a professional boxer. The promoter shall provide to the commission the Association of Boxing Commissions' approved registry of fight records on all participants that indicate they are not nor have they ever been licensed in any state or jurisdiction as a professional boxer;

(4) each bout shall be limited to three one-minute rounds;

(5) weight classes shall be as specified as follows:

A. Class I: 130 - 152 pounds;

B. Class II: 153 - 175 pounds;

C. Class III: 176 - 199 pounds;

D. Class IV: Super heavyweight - over 200 pounds.

(6) neutral corner men assigned by the promoter and approved in advance by a department representative shall work a particular corner and shall remain in that corner throughout the event;

(7) the corner men must use clean towels and clean mouthpieces for each bout;

(8) gloves of minimum weight of sixteen ounces, to be provided by the promoter, are required;

(9) all equipment must be inspected and approved by the department representative. All contestants must wear approved headgear and a protective athletic cup;

(10) no off the street boxing tournament shall be longer than two consecutive twenty-four hour periods;

(11) no person who has participated in professional boxing or kickboxing including trainers and sparring partners shall enter an off the street boxing tournament;

(12) in lieu of an accident policy and medical insurance policy, the promoter may provide a surety bond to the commission in the amount of ten thousand dollars. Such bond is to guarantee that the promoter pay for medical treatment for injuries received by participants and a payment of ten thousand dollars to the participant's heirs at law in the event of the participant's death. In addition, the promoter must provide to the commission a separate bond that is equal to the aggregate amount of the entire purse of the event and salary of all officials to include the ringside physician.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-430. Licensure fees.

The following licensure fees must be established by the department, in conjunction with the commission, and adjusted in accordance with Section 40-1-50(d):

(1) promoter;

(2) promoter's representative;

(3) referee;

(4) manager;

(5) wrestler;

(6) matchmaker;

(7) boxer;

(8) kickboxer;

(9) trainer;

(10) second;

(11) timekeeper;

(12) announcer;

(13) judge;

(14) event permit for boxing;

(15) event permit for wrestling;

(16) mixed martial arts contestant and event.

HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 6.

SECTION 40-81-440. Deadline for permit applications; late fees.

Applications for permits received less than fifteen days before the event or exhibition may be denied and, if granted, are subject to a late fee of not less than twenty-five dollars or more than one hundred dollars per day.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-445. Mixed martial arts events; compliance with rules of professional organization or sanctioning body.

The department and commission shall require that mixed martial arts events comply with the rules of a recognized professional organization or sanctioning body recognized by the commission except where those rules conflict with the laws of this State in which case the laws of this State shall apply.

HISTORY: 2009 Act No. 57, Section 8.

SECTION 40-81-450. Administrative citations, cease and desist orders, and penalties.

(A) The department representative may issue administrative citations and cease and desist orders and may assess administrative penalties against a person for violations of this chapter and Chapter 1.

(B) Separate citations may be issued and separate administrative penalties may be assessed against a person for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against a person per day.

(C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.

(D) A person assessed administrative penalties may protest those penalties to the commission within ten working days of receipt of the citation. If a protest is filed, the department shall schedule a hearing upon not less than thirty days' notice before the commission, which shall make a determination in the matter. If no protest is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-460. Denial or suspension of boxing license.

(A) A boxer who sustains a succession of six defeats or a series of knockouts or technical knockouts in any state or jurisdiction may be subject to licensure denial or suspension.

(B) No boxer is permitted to box while under suspension from any boxing commission due to:

(1) a recent knockout, technical knockout, or series of consecutive losses;

(2) an injury, requirement for a medical procedure, or physician denial of certification;

(3) failure of a drug test; or

(4) the use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents.

(C) The commission shall honor all suspensions listed on the Association of Boxing Commissions' National Suspension List. No participant shall be licensed in this State until the suspending jurisdiction has removed the suspension and the Association of Boxing Commissions' National Suspension List indicates that he is eligible to participate.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-470. Suspension of license required after knockout.

(A) After a knockout in a South Carolina event or exhibition, the commission shall suspend the boxer for not less than sixty days and require medical examinations as ordered by the ringside physician or the commission. All suspensions and required medical tests must be reported in accordance with federal law pertaining to boxing.

(B) After a technical knockout in a South Carolina event or exhibition, the commission shall suspend the boxer for not less than thirty days and require a medical examination as ordered by the ringside physician or the commission. All suspensions and required medical tests must be reported in accordance with federal law pertaining to boxing.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-480. Unlawful events or exhibitions.

Events or exhibitions in which weapons are used are unlawful in this State. A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished in accordance with the provisions of Section 40-81-200.

HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 7.

SECTION 40-81-490. Medical compliance required of promoter; ringside physicians; emergency medical technicians.

It is the responsibility of the promoter or the promoter's representative to ensure compliance with the following requirements:

(1) The ringside physician shall physically examine each contestant in a boxing event or exhibition not less than twenty-four hours before the event or exhibition and document the results of the examination on a form provided by the commission which must be filed with the commission. The ringside physician must be provided with the current Association of Boxing Commissions' Ringside Physicians Manual and shall follow its guidelines at the event or exhibition. The documentation shall indicate that the contestant is eligible to compete or participate. The ringside physician may examine a contestant at any time he feels it necessary and may direct the referee to halt a bout if in his opinion the contestant is unable to continue. The ringside physician may require a post fight evaluation of any contestant. A contestant who loses by knockout or technical knockout must be evaluated post fight by the ringside physician. The ringside physician must be certified to administer advanced cardiac life support and must be present at ringside during each bout of the event or exhibition. At least two certified emergency medical technicians must be present at ringside during each bout of the event or exhibition. In addition, the emergency medical technicians shall have proper medical equipment including, but not limited to, an ambulance that is present during the entire event or exhibition.

(2) No event or exhibition may proceed in violation of this section. Failure to comply imperatively requires emergency action and the summary suspension of the event or exhibition permit until full compliance with this section is attained.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-500. Exemptions.

This chapter does not apply to:

(1) an amateur boxing, wrestling, kickboxing, martial arts, or sparring exhibition, contest, or performance conducted by an institution of higher education or a secondary school if all participants are regularly enrolled students;

(2) amateur boxing or wrestling matches sanctioned by the Amateur Athletic Union or the United States Amateur Boxing Federation or other amateur associations or groups approved by the commission;

(3) schools or organizations under the auspices of the United States Olympic Committee; or

(4) events or exhibitions sponsored by USA Boxing - South Carolina Association, Inc.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-510. Substance abuse testing.

The commission has the authority to require a participant to submit to tests for the presence of unauthorized substances. The use of any drugs, alcohol, or stimulants, or injections in any part of the body, either before or during an event or exhibition, by or on behalf of any participant, is adequate grounds for disqualification of the license and the license of the person administering the same.

HISTORY: 2003 Act No. 28, Section 1.

SECTION 40-81-520. Nonprofit or charitable events and exhibitions.

Events or exhibitions sponsored, promoted, or conducted by nonprofit or charitable organizations are subject to this chapter and regulations promulgated under this chapter; however, the commission may reimburse all or part of any fees paid under Section 40-81-360 for good cause shown by the nonprofit or charitable organization.

HISTORY: 2003 Act No. 28, Section 1.