Kan. Admin. Regs. § 128-4-6

Current through Register Vol. 43, No. 46, November 14, 2024

Section 128-4-6 - Promoter

(a) Each promoter shall supervise that promoter's employees and shall be liable for the conduct of each employee and for any violation of the act or these regulations committed by the employee. Each violation committed by an employee or other representative of a promoter shall be deemed to be a violation committed by the promoter. The promoter may be subject to action, pursuant to K.S.A. 2012 Supp. 74-50,193 and 74-50,197 and amendments thereto. Any such violation may result in cancellation of the contest, disciplinary action against the promoter, denial of future permits for contests, suspension of the promoter's license, or any combination of these actions by the commission.

(b) In accordance with K.A.R. 128-3-1, each promoter shall pay the state athletic fee to the commission immediately at the conclusion of the contest or professional wrestling performance.

(c) Each promoter shall pay all purses according to one of the following:

(1) Immediately after the contest or exhibition; or

(2) if the contestant is to receive a percentage of the net receipts, immediately after that amount is determined.

(d) The promoter may withhold that portion of the purse for payment of expenses incurred by the contestant. A reconciliation of those expenses and payment of the undistributed portion of the purse shall be made to the contestant within five working days after the contest or exhibition, and a copy shall be submitted to the commission. If good cause is shown, an extension of the date for reconciliation may be granted by the commission for not more than 30 days after the event.

(e) At any time before the award of a purse to a contestant, any amount that shall be retained from the purse of the contestant and transferred from the promoter to the commission may be specified by the commission. The money transferred to the commission shall not be given to the contestant until the commission determines that no penalty will be prescribed pursuant to K.S.A. 2012 Supp. 74-50,197, and amendments thereto, for any action or condition of the contestant.

(f) Any promoter who fails to pay to a contestant the purse that is due to that contestant as required by subsection (c) may be subject to action, pursuant to K.S.A. 2012 Supp. 74-50,193 and 74-50,197 and amendments thereto. If the purse is not paid within seven working days, the bond may be required by the commission to pay the purse pursuant to subsections (c) and (d).

(g) If the commission orders any amount of the purse of the contestant to be transferred from the promoter to the commission pursuant to K.S.A. 2012 Supp. 74-50,197 and amendments thereto, the promoter shall transfer the money to the commission by use of a cashier's check made payable to the commission, unless the commission approves another method for the transfer of the money.

(h) The promoter shall be responsible to the officials for all compensation and costs associated with the contest. The amount of compensation and costs paid to these officials by the promoter shall be no less than the following:

(1) Announcer .............................................	$100.00
(2) Judge
(A) Amateur events .....................................	$150.00
(B) Mixed professional and amateur events ..	$200.00
(C) Professional events ................................	$250.00
(3) Physician ...............................................	$450.00
(4) Referee
(A) Amateur events .....................................	$150.00
(B) Mixed professional and amateur events ..	$300.00
(C) Professional events ................................	$350.00
(5) Timekeeper ............................................	$150.00

(i) For any event consisting of more than 12 bouts, the promoter shall pay to each official an additional $25 for each additional bout.

(j) Before the start of an event, the promoter shall deliver to the commission checks or another method of payment that is approved by the commission for distributing to all officials.

(k) Immediately after the event, the commission or its designee shall release the payments to the entitled officials and shall obtain each official's signature on a list to acknowledge the payment.

(l) Each promoter shall be responsible for public safety at all events. Failure of a promoter to ensure that public safety is protected at an event may result in cancellation of the event, disciplinary action against the promoter, denial of future permits for events, suspension of the promoter's license, or any combination of these actions by the commission.

(m) The promoter of an event shall submit a proposed fight card signed by the matchmaker as required by K.A.R. 128-4-4(b) for the event at least 15 days before the scheduled date of the event. The fight card shall be submitted on a form approved by the commission.

(n) The promoter or matchmaker shall notify the commission of any proposed changes or substitutions of contestants on the approved fight card. All changes and substitutions shall be subject to the approval of the commission.

(o) Each promoter who obtains a permit for a contest shall provide all facilities and materials necessary to conduct the contest, including the following:

(1) A ring;

(2) stools;

(3) resin;

(4) water buckets;

(5) clean white towels;

(6) dental appliances or mouthpieces;

(7) a bell, buzzer, horn, or whistle;

(8) a timer;

(9) boxing gloves and mixed martial arts gloves. These gloves shall be new or in good condition;

(10) latex gloves;

(11) gauze and tape for hand wraps; and

(12) bottled water, in a case with at least 24 bottles for each bout.

(p) Each promoter shall provide female contestants with adequate dressing rooms separate from those of the male contestants.

(q) Each promoter shall ensure that if a substitute contestant is needed for any contestant who has been advertised as a participant in a contest, the name of the substitute contestant is publicly announced as soon as the name is known.

(r) To adequately provide for the safety of the public, the promoter shall ensure that no glass-bottled drinks are permitted in any hall or facility where any contest is being held, except that glass-bottled drinks may be poured into disposable cups by vendors at the time of sale.

(s)

(1) Each promoter who obtains a permit for a contest shall ensure that two medical personnel certified at or above the level of emergency medical technician or paramedic are on-site during the contest, with resuscitation equipment. At least one of the certified emergency personnel shall be stationed at ringside during the contest. The resuscitation equipment specified in paragraph (t)(1) and the medical equipment shall be located within 10 feet of the ring or the fenced-in area. The certified emergency personnel and the ringside physician shall be stationed within a distance deemed appropriate by the chief inspector.

(2) Each promoter who obtains a permit for a professional wrestling performance shall ensure that either a physician or two medical personnel certified at or above the level of emergency medical technician or paramedic and resuscitation equipment are on-site during the performance.

(3) Each promoter shall ensure that the certified emergency medical technicians or paramedics are in attendance at the contest or performance from the commencement of the contest or performance and until the last contestant leaves the contest or performance location.

(t)

(1) Resuscitation equipment shall include a portable resuscitator with all additional equipment and supplies necessary for its operation. Supplies shall include all necessary equipment to open an airway and to maintain an open airway in a contestant that is not breathing.

(2) If an ambulance is not available because of the location of the event or contest, the highest level of medical transport in the locale shall be present and available to transport any injured contestant to a medical facility. If the ambulance or emergency personnel certified at or above the level of emergency medical technician or paramedic leave the site of the contest or event to transport a contestant to a medical facility, the contest or performance shall not continue until the replacement of the ambulance or the certified emergency personnel.

(u) Each promoter shall provide the physician with a suitable place to examine each contestant at the weigh-in, before the contest, and after each bout.

(v) The promoter shall arrange for the attendance of at least two law enforcement officers at the event, or as otherwise directed by the boxing commissioner.

(w) Each promoter shall ensure that a physician is at ringside during each contest.

(x) Each promoter shall ensure that the ringside area within the physical barrier has controlled access and is free of nonessential, unauthorized individuals. No non-essential, unauthorized individual shall be allowed to sit ringside or cageside. The promoter shall also be responsible for ensuring that no person is smoking within the venue area.

(y) The promoter shall schedule the site, date, and time for the weigh-in and physical examination, which shall be subject to the approval of the commission.

(z) The promoter shall ensure that an extra set of gloves is available for each size of glove used during the contest, which shall be used if any gloves are broken or in any way damaged during the course of a bout.

(aa) The promoter shall not coach or act as a second for any contestant at the promoter's event.

(bb) Any promoter may hang at least two video screens that are approved by the commission to allow patrons to view the contest or performance.

Kan. Admin. Regs. § 128-4-6

Authorized by K.S.A. 2013 Supp. 74-50,187; implementing K.S.A. 2013 Supp. 74-50,186 and 74-50,187; effective April 4, 2008; amended Dec. 20, 2013.