Ga. Comp. R. & Regs. 85-1-.02

Current through Rules and Regulations filed through October 17, 2024
Rule 85-1-.02 - Licenses
(1)General Provisions.
(a)Terms and Agreements. Every license issued is subject to the terms, conditions, and agreements set forth in the application as well as those set forth in the application as well as those set forth in these rules and the statute governing professional boxing in Georgia.
(b)Applications Forms. Applications for annual license shall be submitted to the commission on a form prescribed by the commission.
(c) Incomplete Applications.
1. Unless otherwise agreed to by the commission, incomplete applications, will not be considered for approval.
2. Applications submitted without proper payment as provided in these rules will not be considered for approval.
(d)Participant License: When Due. Except as provided in (3)(a) below [Promoter's License] all participant applications must be submitted no later than the weigh-in preceding the first professional appearance in Georgia within any calendar year of such participant.
(e)Participant License: Approval/Denial. Annual licenses for Contestants, corner persons, managers, and matchmakers may be approved or denied by the commission appointed supervisor assigned to each boxing show, or in the case of such applications presented in the staff office, approved or denied by the secretary of state staff assigned to assist the commission.
1. Any individual denied a license by the commission appointed supervisor or by the secretary of state staff assigned to assist the commission can appeal the denial of the license to the commission. The appeal will be presented to the commission during their next regularly scheduled meeting at which time the commission will vote to sustain or override the initial denial.
(f)Background Investigation. The commission may request a general background investigation of any applicant for any license. Such investigation may include searching for any past criminal record, and such investigation may be conducted by an appropriate law enforcement agency.
(g)Denial of License. The commission may deny a license application from any person who has violated any of its rules or regulations or violated any of the provisions of O.C.G.A. 43, Chapter 4B or whose application contains false statements or material omissions.
1. Unless otherwise ruled by the commission the denial of any license application shall remain in effect for a period of twelve months, and such applicant may not re-apply for a license from the commission during that period.
(h)Expiration Date. Annual licenses are valid until December 31, of the year issued for boxing and June 30 of the year issued for Mixed Martial Arts.
(i)Verbal or physical abuse of official or commission appointed supervisor. Any licensee who verbally or physically abuses an official or the commission appointed supervisor of a match shall be suspended indefinitely and his or her license may be revoked.
1. If a Commission member (Board Member, Director, and/or Staff Member) is in any way attacked, harassed, threated, or abused, etc. by any fighter, promoter, or any person acting on their behalf, those individuals will be subject to action by the Commission
(2)License Fees:
(a)How Paid. Unless otherwise agree to by the commission, application for a promoter's licenses and/or match permit shall be accompanied by a certified check for the required fee. Participant licenses, except for the promoter's license, shall be paid at the time of the application.
(b)Schedule of Fees. Annual fees for participant licenses are as follow:
1. Promoter $150.00
2. Mixed Martial Arts Promoter $500.00
3. Matchmaker $50.00
4. Manager $50.00
5. Boxer/MMA Contestant $20.00
6. Second/Trainer $20.00
7. Timekeeper $20.00
8. Referee $20.00
9. Judge $20.00
10. MMA Sanctioning Org $1000.00
11. Physician $0.00
12. Trainer $50.00
(c) Application Fees tendered to the commission are not refundable.
(d) All fees shall be paid by purse deduction, certified check, cashiers check, or personal check. NO cash will be accepted by the Georgia Athletic and Entertainment Commission or its representatives
(3)Promoter's License
(a) Application for a promoter's license must be made in writing and received by the commission no less than 30 days in advance of the proposed date for promoting any professional boxing match in the state of Georgia.
(b) Unless otherwise agreed to by the commission, each application for a promoter's license shall be accompanied with a cashier's check (or money order) in the amount of $150.00 and made out to the Georgia Athletic & Entertainment Commission.
(c) Each application for a promoter's license shall be accompanied with an appropriate security bond as provided for in these rules.
(d) Any licensed promoter who partners or joint-ventures with any other person, organization, or group for the promotion of a boxing show in Georgia (thereby establishing that person, organization, or group as the show's "co-promoter") will be considered the principal promoter of the show and will be solely responsible for all financial obligations incurred in its production. Provided however that contracts may be filed with the commission delimiting each party's financial responsibility.
(e) Agreements between the promoter and any other party or co-promoter for payment of any purse will NOT be honored by the commission and without the co-promoter or any other party filing with the commission an approved security bond in the amount of the total deferred obligation.
(f) Agreements between the promoter and any other party (or co-promoter) for payment of any regulatory fees, match permit fees, license fees, and or taxes will NOT be honored by the commission without prior approval by the commission and without the co-promoter or other party filing with the commission an approved security bond or some combination thereof in the amount of the total deferred obligation.
(g) Applications for a promoter's license shall be signed in the presence of a commission representative, or shall be signed in the presence of and verified by a notary public.
(h) The Promoter shall provide the Georgia Athletic and Entertainment Commission or the commission secretary a video of the event, match or exhibition within 10 days of the event, match, or exhibition
(4)Co-Promoters License
(a) Any co-promoter of a boxing promotion associating with a licensed promoter for one or more promotion(s) shall obtain a promoter's license from the commission. There shall be no limitation on the number of days prior to a match when a co-promoter's license application may be submitted to the commission.
(b) Rules and requirements of the commission shall be the same for co-promoters as for promoters, provided however that the commission may require from each co-promoter, in addition to the promoter's license bond, a suitable match permit bond or such other financial security as defined by these rules.
(c) Agreements between the co-promoter and the promoter for payment of any purse shall be filed with and must be approved by the commission.
(d) Agreements between the co-promoter and the promoter for payment of any regulatory fees, match permit fees, license fees, and taxes shall be filed with and must be approved by the commission.
(e) Applications for a co-promoter's license shall be signed in the presence of a commission representative, or shall be signed in the presence of and verified by a notary public.
(5)Programs for Charity.
(a) A person who wishes to present a program of boxing for charitable purposes must file with the commission a letter of intent to present the program as one benefiting a charitable organization. The letter of intent must contain the name of the charity, charitable fund or organization which is to benefit from the program and the amount or percentage of the receipts of the program which is to be paid to the charity. The letter of intent must be signed by the promoter and co-signed by an authorized representative of the charity targeted to benefit from the show.
(b) Within three business days after such a program is held, the promoter shall furnish to the commission:
1. A certified copy of the ticket manifest showing the number of tickets sold. The manifest shall give a breakdown disclosing the number of tickets sold in each price range, and the number of complimentary tickets given for the show;
2. A certified and itemized statement of the show's gross receipts from sponsorships ticket sales, advertisements, or any other source;
3. A statement disclosing the itemized and total gross expenditures in connection with the show;
4. A statement co-signed by the promoter and the authorized representative of the charity, disclosing the net amount paid to the charitable fund or organization
(c) If the promoter fails to file any of these statements within the prescribed time, the commission:
1. May suspend or revoke the promoter's license, and/or
2. Will not thereafter issue a match permit to the promoter for the holding of any program for charitable purposes.
(6)Match Permit.
(a) Applications for a match permit must be made in writing and received by the commission at least 30 days in advance of the date proposed for such professional boxing match provided however that any licensed promoter who has held a professional boxing match in the state of Georgia within the previous twelve months may, at the discretion of the commission, be allowed to apply for a subsequent match permit no less than 15 days in advance of the proposed date of each subsequent professional boxing match.
(b) Unless otherwise agreed to by the commission, each match permit application shall be accompanied by a non-refundable cashier's check (or money order) in the amount of $50.00 and made out to the Georgia Athletic & Entertainment Commission.
(c) As provided by statute [43-4B-20], the commission will calculate an additional match permit fee which will then be assessed to the promoter. This additional fee will be calculated at five percent (5%) of the gross proceeds exclusive of any federal taxes.
(d) For all events approved by the Georgia Athletic and Entertainment Commission for Mixed Martial Arts a regulatory fee shall be assessed that will be calculated at five percent (5%) of the gross proceeds exclusive of any federal taxes.
1. The term gross proceeds means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter.
2. The gross proceed tax and regulatory fee must be accompanied by a form approved by the Georgia Athletic and Entertainment Commission that will calculate the tax
3. Failure to pay the gross proceeds tax or regulatory fee above within thirty (30) days will result in a 20% late fee and may cause the commence liquidation action against the security bond(s) on file with the commission.
(e) Each application for a match permit shall be accompanied with an appropriate security bond as provided for in these rules.
(f) Each match permit application should be accompanied with copies of all contracts for contestants, arena rental, and any other contracts which the promoter has entered into for that particular show.
(g) Applicants for a match permit will be notified of the date, time, and place for the next scheduled meeting of the commission during which meeting documents submitted by said applicants shall be reviewed.
1. Applicants or their designated representative(s) may be required to attend such meeting and to answer during that meeting additional questions concerning the proposed event.
2. Once the commission determines that all safety requirements pertaining to the individual Contestants have been or will be met, that all the rules governing the conduct of the professional boxing matches in Georgia will be adhered to, that the promoter has shown through previous experience the ability and resources to conduct a show, and that no harm to the health, welfare, morals or safety of the citizens of Georgia will result from the holding of such event, then the match permit will be issued.
3. If the match permit is denied, written notice will be available to the applicant writing two days of said commission meeting.
(7)Boxers. Boxers applying to be licensed in Georgia shall meet the following requirements:
(a)Head Injury. The commission will not issue a professional boxer's license to any person when the commission has reason to believe that such person has previously been diagnosed with or has suffered sub-dural hematoma or any level of intra-cerebral hemorrhage.
1. Each boxer knows or should know his or her medical history and is in a better position to protect themselves against permanent brain damage than the evaluating commission or examining physician. It is the absolute obligation of any boxer who has previously suffered any head injury as described in subparagraph 7(a) above to report that injury to the physician conducting the pre-fight physical.
(b)General Physical Evidencing Good Physical Health. Applications to be licensed as a boxer shall be accompanied by a signed statement from a licensed physician that the applicant is in good physical health, has no abnormalities, or deficiencies which would prevent athletic competition or endanger the applicant's health when engaging in athletic competition.
1.Neurological Examination. Any boxer who has competed in over 200 rounds during his or her professional career must submit such additional proof of neurological fitness as specified in Rule 4.01(a) [Medical Requirements].
2.Ophthalmological Examination. Any boxer who has competed in over 200 rounds during his or her professional boxing career must submit additional proof of ophthalmological fitness as specified in Rule 4.01 (b) [Medical Requirements].
3.Hepatitis Testing. All contestants in all bouts shall complete testing for Hepatitis B and Hepatitis C. The initial test for Hepatitis B and Hepatitis C detection shall be conducted within 180 days prior to licensure. In addition to the pre-licensure test, any boxer shall be re-tested for Hepatitis B and Hepatitis C prior to his or her participation in each boxing match in the state if the match is scheduled to occur more than 180 days after the date of the most recent test results submitted to the commission.
(i) Any contestant who tests positive for Hepatitis B may appeal the denial of a license by submitting a verifiable doctor's written statement, on the doctor's letterhead stationery, that the Hepatitis is non-contagious. The appeal will be presented to the commission during their next regularly scheduled meeting at which time the commission will vote to sustain or override the initial denial.
4.Age Restrictions. Applicants for a boxer's license shall be no more than 37 years of age, provided however that the commission may, in its discretion, issue a license to an applicantboxer who is more than 37 years of age and who submits satisfactory evidence that his or her health, ability and physical condition is sufficient to ensure the applicant's safety. Such medical evidence shall include, but is not limited to:
(i) A detailed dilated ophthalmological examination, conducted by a state licensed ophthalmologist. The intent of this examination is to assure both the boxer and the commission that no ophthalmological complications exist potentially hampering the boxer's ability to protect himself or herself in the ring, and to ensure that no ocular damage from previous bouts is evidenced. This exam must, at a minimum, include a careful dilated examination of the retinal periphery utilizing indirect ophthalmoscope.
(ii) A detailed neurological examination, conducted by a state licensed neurologist. Whether auxiliary neuro-diagnostic tests, such as electroencepha-lography (EEG), computerized tomography (CT), or magnetic resonance imaging (MRI), are utilized is left to the discretion and the clinical opinion of the examining physician.
(iii) A detailed cardiovascular examination to establish cardiovascular endurance. A poorly conditioned boxer is at increased risk of injury because of exhaustion, which may impede his or her ability to mount an active offense or defense. Whether auxiliary cardiovascular tests, such as an electrocardiogram (EKG), are utilized is left to the discretion and clinical opinion of the examining physician.
6. The minimum uncorrected visual acuity in Georgia is set at 20 / 200 in both eyes. Any person who applies for a license or renewal of a license to compete as a professional boxer in the state may, upon the request of the commission, be required to present evidence of their visual acuity.
(c)Out-of-State Suspensions. Any Contestant who at the time of his or her application is under medical or administrative suspension from any other commission, where such suspension is recorded in the boxing registry, is ineligible for licensure in Georgia.
(8)Trainer. A trainer is someone who is responsible for the day to day training of mixed martial artists and boxers. A trainer should possess a minimum of five years experience in combative sports and be approved by the Commission of the Secretary of the Commission. If denied by the Secretary of the Commission, the applicant may appeal to the full Commission. Only trainers licensed by the Commission may make the recommendation to the Commission on whether a contestant is prepared for their first amateur mixed martial arts bout or to turn professional in boxing, kickboxing, or mixed martial arts. A trainer shall be present in the corner of the contestant unless otherwise authorized by the Commission, Secretary of the Commission, or the Chief of Officials.
(9)Suspensions and Revocations.
(a) The commission may revoke, suspend, place on probation or take other disciplinary action against the license of any licensee who has violated any of its rules or regulations or any of the provisions of O.C.G.A. 43, Chapter 4B or whose application contains false statements or material omissions.
1. Any person who has had his or her license revoked by the commission may not petition for reinstatement or apply for a new license until one (1) year after the revocation. Any petition for reinstatement or application for a license filed within the 1-year period may be denied without a hearing.
(b)Contestant Under Suspension: Prohibition From Participating Outside Georgia. No Contestant shall enter any agreement or contract with a promoter, compete, or attempt to compete in any professional boxing match outside Georgia when such Contestant knows that his or her license issued by this commission is under suspension.
(10)Falsifying an Application. Upon a finding by the majority of the commission that any licensee or applicant has knowingly made a misleading, deceptive, untrue or fraudulent representation in regard to a professional match contest or exhibition of boxing or any document connected therewith or practiced fraud or deceit or intentionally made any false statement in obtaining a license to participate or promote a professional match contest or exhibition of boxing or made a false statement or deceptive registration with the commission then the commission shall have the authority to refuse to grant a license to an applicant, revoke the license of a person licensed by the commission, or discipline a person licensed by the commission.

Ga. Comp. R. & Regs. R. 85-1-.02

O.C.G.A. §43-4bet. seq.

Original Rule entitled "Ring and Equipment" adopted. F. May 30, 1984; eff. June 19, 1984.
Repealed: New Rule of same title adopted. F. June 11, 1999; eff. July 1, 1999.
Repealed: New Rule entitled "Licenses" adopted. F. Dec. 2, 2002; eff. Jan. 1, 2003, as specified by the Agency.
Repealed: New Rule of same title adopted. F. Dec. 16, 2003; eff. Jan. 5, 2004.
Repealed: New Rule of same title adopted. F. June 11, 2007; eff. July 1, 2007.
Amended: F. June 9, 2010; eff. July 1, 2010, as specified by the Agency.
Amended: F. Jun. 28, 2012; eff. July 18, 2012.
Repealed: New Rule of same title adopted. F. Sep. 3, 2014; eff. Sept. 23, 2014.
Repealed: New Rule of same title adopted. F. Nov. 21, 2017; eff. Dec. 11, 2017.