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Title 52 - Amusements and Athletic Contests
STATE AND COUNTY ATHLETIC COMMISSIONS
STATE ATHLETIC COMMISSION
Creation of State Athletic Commission; appointment of members; terms of office; financial interests of members.
There is created the State Athletic Commission consisting of seven members appointed by the Governor with the advice and consent of the Senate. One member must be appointed from each congressional district of the State and one from the State at large. The terms of the members are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners and employees of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event.
Selection of chairman and other officers.
The commission shall select its chairman and other officers necessary for terms as the commission may designate. The Director of the Department of Labor, Licensing, and Regulation shall appoint an administrator pursuant to Section 40-73-15. Notwithstanding any term for which an officer was elected, the commission may call an election for any officer at any time by a two-thirds vote.
Commission meetings; compensation of members; powers and duties of administrator; appeal of administrator's decisions; further appeals.
The commission shall meet at least twice yearly at the call of the chairman. The chairman may call other meetings when considered necessary and must do so on the direction of the majority of the commissioners. The members are allowed the usual per diem, mileage, and subsistence as provided by law for members of boards, committees, and commissions. The administrator shall administer the affairs of the commission under policies established by the commission. Decisions of the administrator may be appealed to the full commission. Any decision of the full commission to suspend, revoke, or deny a permit or license may be appealed to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
Compensation of Chief Athletic Commissioner.
Instead of per diem, the Chief Athletic Commissioner may receive such compensation as may be provided by the General Assembly.
Powers and duties of Commission; appointment of officials and clerical personnel.
The commission has direction, management, control, and supervision over all combative sports in this State including, but not limited to, boxing, wrestling, and sparring events, exhibitions, contests, and performances whether in person or via closed circuit television in this State. The commission shall promulgate regulations as necessary for the protection of the health and safety of participants and to carry out the provisions of this article. Schools or organizations that fall under the auspices of the United States Olympic Committee, events sponsored by USA Boxing - South Carolina Association, Inc., and businesses that offer instruction in the combative sports are exempt from the provisions of this article. If upon investigation the commission determines that associations or other entities have health and safety rules sufficient to meet the requirements of this article, the commission may exempt these associations or other entities from the regulations promulgated by the commission pursuant to this article. Pursuant to Section 40-73-15, the Director of the Department of Labor, Licensing, and Regulation or his designee, may appoint a chief inspector and referees, inspectors, other officials, and clerical help as the Director of the Department of Labor, Licensing, and Regulation determines necessary to administer the provisions of this article.
For the purpose of this chapter:
(1) "Combative sports" as used in this article means contests in which the participants are disposed to fight before an audience on a platform, a pad, or in an area surrounded by ropes or other markings.
(2) "Weapon" means anything that is not a part of the human body, excluding boxing gloves and equipment used in combative sports that are exempt from the provisions of this article by Section 52-7-30, which may be used to strike a person either through direct contact or the expulsion of a projectile.
Repealed by 1999 Act No. 100, Part II, Section 70, eff July 30, 2000.
Necessity of license to hold or participate in event; license fees; duration of license.
No person may hold or participate in an event without a license from the commission. All licenses are valid for one year. The commission shall by regulation establish a schedule of fees for licenses.
Application for license; minimum age of participant.
Every application for a license under this section must be duly verified and in writing, and, in the case of a corporation or association, signed by its president and attested by its secretary. It shall set forth the information required by the commission and the application for a participant's license must be accompanied by a copy of the applicant's birth certificate or other proof of age as may be acceptable to the commission and a written waiver by the applicant of any cause of action against any member or employee of the commission, or of any county athletic commission, referee, ringside physician, or other official arising out of the proper performance of their official duties. No license may be granted to a participant less than eighteen years of age but the commission may by unanimous vote waive this age limit for a specific participant. License applications must be filed with the commission at least one week prior to the commission's actions but the time requirement may be waived in the event of emergency substitutions.
Revocation of license; disciplinary action by Commission.
The commission may revoke any license, after hearing, for cause. It may discipline any principal, manager, second, promoter, matchmaker, participant, or other licensee who violates the provisions of this article or the applicable regulations. Disciplinary action may take the form of a civil penalty or revocation or suspension of a license held by a licensee connected with the violation for all or any part of the unexpired portion and a refusal to renew a license, or both.
Authority of administrator or the commission representative to discipline licensee; suspension of license or civil penalty; each day a separate violation; appeals.
In addition to the disciplinary powers of the full commission provided in Section 52-7-60, the administrator or the commission representative in charge of an event may discipline a licensee of the commission who violates the provisions of this article or the applicable regulations by means of license suspension or a civil penalty not exceeding five hundred dollars for each violation. Each day a violation continues is a separate violation. Disciplinary actions of the administrator or the commission representative are appealable to the full commission.
Advance notification of proposed event; application for, and issuance of permit.
No boxing event may be held by any person unless the person has notified, at least two weeks in advance, the commission, in a form prescribed by the commission, of the proposed event and in addition to having a license as contained in Section 52-7-40, has obtained from the commission at least ten days prior to the proposed date, a written permit. No boxing permit may be issued unless the applicant:
(1) provides the names of all anticipated participants;
(2) provides evidence that a policy of medical and hospitalization insurance satisfactory to the commission covers every participant;
(3) files a surety bond with the applications in an amount equal to the total value of any purse offered.
No wrestling event may be held by any person unless the person has a current license issued as required in Section 52-7-40 and has complied with the regulations for obtaining a permit issued by the commission.
Approval or denial of permits.
If a promoter knowingly does not apply for a permit at the time and according to the procedures stipulated in the regulations of the commission, the permit may be denied. However, the administrator may issue a permit if the application and other required items are received by the administrator after the deadline if he is satisfied everything else is in order and if the promoter pays a fine of not less than twenty-five dollars a day nor more than one hundred dollars a day for each day that the application for the permit is submitted past the deadline date. Payment of the fine does not preclude action authorized under Sections 52-7-60, 52-7-65, and 52-7-150.
Minimum age to participate in event; waiver by Commission.
No person may be licensed to participate in any event who is not at least eighteen years of age but the commission may waive this prohibition for a specific participant as provided in Section 52-7-50.
Attendance of physician at ringside; physician's certificate.
Each participant must have a physician's certificate issued prior to the event stating that the participant is in good physical condition.
No boxing event may be held unless a licensed physician is at ringside.
Limitation upon future participation by person suffering knockout.
A participant who has suffered a knockout may not take part in any event for thirty days following the knockout.
Maximum number of rounds per event; weight of participants' gloves.
No event may be more than fifteen rounds in length. The boxing participants shall wear gloves weighing at least eight ounces.
Buildings or structures used for boxing, wrestling, or sparring events.
Any building or structure used or intended to be used for any boxing, wrestling, or sparring event must be properly ventilated and provided with fire escapes and must conform with the laws, ordinances, and regulations pertaining to buildings in the political subdivision where it is situated.
Forfeiture of license by persons overselling tickets to boxing, wrestling, or sparring events.
Any person who sells, or causes to be sold, more tickets or invitations for any boxing, wrestling, or sparring event than the seating capacity of the building or structure actually used for an event shall forfeit his license, and is disqualified from receiving any new license or any renewal of license.
Events conducted by educational institutions; boxing or wrestling matches sanctioned by Amateur Athletic Union or United States Amateur Boxing Federation.
The provisions of this article do not apply to any boxing, wrestling, or sparring exhibition, contest, or performance conducted by any institution of higher education or secondary school if all participants are students regularly enrolled in the institution or school, nor does this article apply to boxing or wrestling matches sanctioned by the Amateur Athletic Union or the United States Amateur Boxing Federation or such other amateur association, or group approved by the commission.
Certain contests unlawful; penalties
Contests involving more than one of the combative sports or combative sports in which weapons are used shall be unlawful in this State, and any person violating this section is guilty of a misdemeanor and, upon conviction, shall be punished in accordance with the provisions of Section 52-7-150.
Criminal penalties for violation of article or regulations promulgated thereunder.
Any person who knowingly violates the provisions of this article, or regulations promulgated thereunder 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.
COUNTY ATHLETIC COMMISSIONS
Appointment of commission members; terms of office; compensation and financial interests of members.
The athletic commission of each county consists of five members to be appointed by the governing body of the county for terms of four years and until their successors are appointed and qualify. If no appointment has been made within sixty days after the State Athletic Commission requests in writing for an appointment to be made, the State Athletic Commission may make the appointment. The governing body of the county shall forward a record of the appointees to the commission for filing in the office of the State Athletic Commission which indicates the persons holding office and the duration of their terms. The State Athletic Commission shall designate the functions of county athletic commissions. The county athletic commission shall select its chairman and other officers to serve for terms as the commission may designate. All of the members shall serve without compensation from the State; however, they may receive the per diem, mileage, and subsistence or other compensation that the county authorizes or compensation authorized by the State Athletic Commission to be paid by a promoter if the member has been appointed a commission representative for an event. No member may have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event. The office of a commissioner who fails to attend three consecutive commission meetings is declared vacant and the vacancy must be filled as provided by law. No vacancy occurs if the unaffected commission members vote unanimously to excuse the absences.
[En 1984 Act No. 352] Repealed by 1985 Act No. 134.
[En 1984 Act No. 352] Repealed by implication by 1986 Act No. 427.