230 R.I. Code R. 230-RICR-30-30-6.5

Current through October 15, 2024

Section 230-RICR-30-30-6.5 - Licenses

A. Licenses - Event

1. Pursuant to R.I. Gen. Laws § 41-5.2-2, no Event shall take place or be conducted unless the Promoter of the Event has applied for and received a license from the Division (the "Event License"). An Event Application shall be received by the Division at least fourteen (14) calendar days prior to the date of the scheduled Event. The Event Application shall be completed in full, shall be in compliance with and include all of the information required by R.I. Gen. Laws § 41-5.2-3, and shall also include the following:

a. Proof of compliance with R.I. Gen. Laws § 41-5.2-9 with respect to the fighting area.

b. Pursuant to R.I. Gen. Laws §§ 41-5.2-4 and 41-5.2-23, proof of insurance and bond as required by §§ 6.7 and 6.8 of this Part.

c. A copy of the approval from the city or town authorities where the Event is to be held.

d. Pursuant to R.I. Gen. Laws § 41-5.2-3, an application fee in the amount of eight-hundred-dollars ($800).

e. Bout Sheet listing the Competitors and the opponents with which they are matched.

f. Pursuant to the Division's authority under R.I. Gen. Laws § 41-5.2-25, the following information regarding the Competitors and opponents identified in the bout sheet:

(1) The full legal name and relevant professional or stage name of each person, along with his/her date of birth and social security number;

(2) A current passport type photograph of each person;

(3) The complete fight record of each Competitor prior to the MMA Event for which the license is sought, including the full legal name of his/her opponent, any professional or stage name used by his/her opponent at the time of the fight, and the date, place, and result of each fight on the fight record; and

(4) A detailed summary of the contractual agreement between the applicant and each person who will perform as a Competitor in the Event for which the license is sought, including, among other things, the pecuniary gain or other consideration to be paid to or on behalf of each person by reason of his or her performance in the match or exhibition.

g. An itemization of the gross receipts and the expenses anticipated by the applicant in the conduct of the Event for which the license is sought;

h. The name, date of birth, and social security number of the person who will collect, hold, and transmit to the Rhode Island General Treasurer, on behalf of the applicant, the sums mentioned in R.I. Gen. Laws § 41-5.2-27.

i. Satisfactory proof that the applicant is the sole owner of the cage equipment to be used in the Event for which the license is sought. Sole ownership includes any lease or rental agreement under which the applicant enjoys control and custody of the cage equipment substantially equivalent to that of a sole owner.

j. Fire safety inspection approval for the Event from the appropriate municipal or state fire official with his or her signature and that of the Applicant.

k. Any other information as requested by the Division in the course of its review of the Event License Application.

2. In making its determination as to whether to issue or deny the Event License, the Division may in its discretion consider any factors which it deems appropriate. In addition, the Division reserves the right to place such conditions on the granting of an Event License as the Division deems necessary and reasonable pursuant to this Part and the Act.

3. No Event for which a license is required under R.I. Gen. Laws § 41-5.2-2 shall be advertised, announced, or otherwise publicly promoted until the license has been issued by the Division, or the Division approves the promotion after a substantially complete application for the license has been filed. A violation of this section shall be grounds for license denial or revocation pursuant to § 6.13 of this Part.

4. No Event license shall be issued unless the Division has inspected the building where the Event is to be conducted and determined that the building is suitable for the proposed Event.

a. In determining suitability, the Division shall consider the proposed location for the cage, the adequacy of the shower and dressing facilities for the Competitors, and all other matters relevant to the public welfare.

b. The Division shall re-inspect the proposed location within forty-eight (48) hours of the starting time for the first match in the licensed Event and, for good cause, may determine that the location is no longer suitable, in which case the Event license may be revoked in accordance with § 6.13 of this Part or subject to re-instatement upon such terms and conditions as the Division deems appropriate.

c. At least four (4) hours prior to the starting time for the first match in the licensed Event, the Division shall examine all equipment to be used by the Competitors during the Event, including cage equipment, gloves, and protector cups, as applicable. If for good cause the Division determines that the conduct of the Event with the equipment is not consistent with the highest regard for the safety and well-being of the Competitors, the Event license may be revoked in accordance with § 6.13 of this Part or subject to reinstatement upon such terms and conditions as the Division deems appropriate.

B. Licenses - Competitors

1. No person shall be a "Competitor" in an MMA Event unless licensed by the Division at least twenty-four (24) hours prior to the starting time for the first Match or Exhibition (the "Competitor License"). The Competitor License Application shall be complete in all respects and shall be in compliance with and include all the information required by R.I. Gen. Laws §§ 41-5.2-3, 41-5.2-5, 41- 5.2-6, and 41- 5.2-7.

2. The Competitor Application shall include the following:

a. A detailed summary of the contractual agreement between the applicant and the licensee for the Event for which the applicant seeks to be licensed as a Competitor, including but not limited to the pecuniary gain or other consideration to be paid to, or on behalf of, the applicant by reason of his or her performance in the Event;

b. A detailed description of every ongoing medical condition and every illness, injury, current or pre-existing medical condition, or other incapacity suffered by the applicant within six (6) months of the Event for which the applicant seeks to be licensed as a Competitor, including but not limited to the dates of each illness, injury, or other incapacity, the name and address of all persons who treated or examined the applicant, the nature of the treatment prescribed (including the generic name for any medications or medicines prescribed), and whether the applicant has recovered;

c. The complete fight record of the applicant for the twelve (12) months prior to the Event for which the applicant seeks to be licensed as a Competitor, including the full, legal name of his or her opponent, any professional or stage name used by his or her opponent at the time of the Event, and the date, place, and results of the Event;

d. The date and circumstances of any disqualification, sanction, or denial of permission to compete imposed against the applicant by any state authority governing MMA within twelve (12) months of the Event for which the applicant seeks to be licensed as a Competitor;

e. The full, legal name of the applicant, every professional or stage name used by him or her, and his or her date of birth and social security number;

f. A current passport-type photograph of the applicant;

g. A report of a physician duly licensed by the Division that shall:

(1) Certify whether the applicant is fit to perform as a Competitor;

(2) Be based on a recently conducted complete examination of the applicant by the physician preparing the report; and

(3) Contain a complete medical history of the applicant and the results of such tests conducted by or on behalf of the examining physician as the medical history of the applicant warrants or as are material to the physician's certification; and

h. A fifty-dollar ($50) application fee, pursuant to R.I. Gen. Laws § 41-5.2-3.

3. Upon receipt of a Competitor Application, the Division shall review the Competitor Application to determine if it complies with the requirements of the Act and this Part. In connection therewith, the Division may require that the Competitor submit such additional information as the Division may deem necessary to enable it to complete its evaluation of the Competitor Application.

4. As part of the review conducted pursuant to § 6.5(B)(3) of this Part, no license shall be granted to a Professional MMA fighter who:

a. Has lost six (6) or more consecutive fights; or

b. Fails, in the sole discretion of the Division, to receive a satisfactory physician's certification.

C. Additional MMA License Types. Pursuant to R.I. Gen. Laws § 41-5.2-2, the Division also licenses Managers and Seconds; Referees, Judges, Timekeepers; and MMA Event Medical Professionals. Applicants for such license types shall file applications on forms designated by the Division, in addition to the following:

1. Managers and Seconds. Persons applying as Managers must submit a copy of their contractual arrangement with a Competitor demonstrating that the person falls within the definition of Manager defined in § 6.4 of this Part. Applicants for Manager and Second licenses shall pay a fifty-dollar ($50) application fee pursuant to R.I. Gen. Laws § 41-5.2-3.

2. Referees, Judges and Timekeepers must provide the Division with a current resume including but not limited to licensure in any jurisdiction and any past professional and/or amateur experience, which shall be reviewed for sufficiency at the sole discretion of the Division and shall pay a license fee in the amount of ten dollars ($10) pursuant to R.I. Gen. Laws § 41-5.2-3.

a. Referee and Judge applicants must possess ABC certification upon application to the Division.

b. Judge applicants must be trained by a Judge licensed by the Division for two (2) MMA events and that licensed Judge must submit an evaluation of the Judge applicant to the Division for its review prior to licensure.

3. MMA Event Medical Professionals.

a. Physicians must be licensed and in good standing in Rhode Island, must have at least three (3) years of licensed professional experience, and their experience must be directly applicable to the anticipated medical needs of MMA Competitors as determined by the Division upon application to the Division, and:

(1) Any Physician applicant must provide the Division with his/her Certificate of Insurance from his/her medical malpractice insurance carrier;

(2) Prior to licensure, the applicant Physician must be trained by another Physician licensed by the Division for two (2) MMA events; and

(3) The Physician applicant shall pay a license fee of ten dollars ($10) pursuant to R.I. Gen. Laws § 41-5.2-3.

b. Nurse Practitioners must be licensed and in good standing in Rhode Island, must submit a resume including but not limited to any licensure in any jurisdiction and any relevant experience, which shall be reviewed for sufficiency at the sole discretion of the Division, and shall pay a license fee of ten dollars ($10) pursuant to R.I. Gen. Laws § 41-5.2-3.

c. Resuscitators must possess an Advanced Emergency Medical Technician-Cardiac ("AEMT-C") license issued by the Department of Health upon application to the Division and must provide a copy of it to the Division and shall pay a license fee of ten dollars ($10) pursuant to R.I. Gen. Laws § 41-5.2-3.

4. Licensed Inspectors.

a. The Division may designate and assign licensed Inspector(s) as its authorized representative(s) to evaluate the suitability of the proposed premises or equipment for an Event pursuant to R.I. Gen. Laws § 41-5.2-9 and to monitor the Event, Competitors, and other participants subject to this Part for compliance with the Act and this Part.

b. Every licensed Inspector shall perform his/her duty at the direction of the Division and report actionable violations to the Division in accordance with reporting directions given by the Division.

c. No licensed Inspector shall hold any direct or indirect financial interest in any Event, Competitor, or other participant licensed under this Part.

d. Prior to licensure, Inspector applicants must provide the Division with a list of occupational experiences including but not limited to any licensure in any jurisdiction and any past professional and/or amateur experience, which shall be reviewed for sufficiency at the sole discretion of the Division. Prior to licensure, Inspector applicants must be trained by an Inspector licensed by the Division for two (2) MMA events and upon completion of the training the supervising Inspector shall submit a certification of said training to the Division.

e. Inspector applicants shall pay a license fee of ten dollars ($10) pursuant to R.I. Gen. Laws § 41-5.2-3.

D. Participants Not Requiring Special Licensing

1. Matchmakers and Announcers. Matchmakers and announcers may participate in an MMA Event without being licensed. It shall be the responsibility of the Event Licensee to ensure that these non-licensed persons comply with the Act and this Part.

2. Athlete Competitors Acting as Corners/Seconds. All athlete Competitors must fill out the "Competitor's License Application Form". An athlete Competitor who also seeks to act as a Corner/Second at an Event in which the athlete Competitor is not personally competing may receive approval from the Division to do so by indicating such intent on his or her Competitor's license application. However, under no circumstances may a person licensed as a Corner/Second become licensed as a Competitor without filling out the requisite forms for the Competitor's license application.

230 R.I. Code R. 230-RICR-30-30-6.5

Adopted effective 12/24/2019