18800-18828

BUSINESS AND PROFESSIONS CODE
SECTION 18800-18828




18800.  As of July 1, 2004, all moneys received by the commission
under this chapter shall be accounted for and reported by detailed
statements furnished by the commission to the Controller at least
once a month. At the same time, these moneys, other than those that
have been received by the commission pursuant to Section 18882, shall
be remitted to the Treasurer and shall be deposited in the Athletic
Commission Fund, which is hereby created.



18801.  The salaries and expenses of the members and employees, and
the operating expenses of the commission shall be paid by the
Treasurer on the warrant of the Controller from the funds
appropriated therefor upon the certification of the executive
officer.



18802.  The commission is, with respect to accounting, auditing,
budget, financial and personal matters, subject to all laws and
requirements now or hereafter imposed by law upon, or applicable to
state agencies.


18804.  The application and renewal fee for a license to promote or
conduct a professional contest or exhibition shall be one thousand
dollars ($1,000).


18805.  The application and renewal fee for a license to promote or
conduct amateur boxing contests shall be two hundred fifty dollars
($250).


18806.  The application and renewal fee for a boxing, kickboxing, or
martial arts matchmaker's license shall be two hundred dollars
($200).


18807.  The application and renewal fee for a boxing, kickboxing, or
martial arts assistant matchmaker's license shall be two hundred
dollars ($200).


18808.  The application and renewal fee for a booking agent's
license shall be two hundred dollars ($200).



18809.  The application and renewal fee for a professional boxer,
kickboxer, or martial arts fighter license shall be sixty dollars
($60).


18810.  The application and renewal fee for a boxing, kickboxing,
and martial arts manager's license shall be one hundred fifty dollars
($150).


18811.  The application and renewal fee for a boxing, kickboxing,
and martial arts trainer's license, chief second's and second's
license shall be fifty dollars ($50).



18812.  The application and renewal fee for a professional boxing,
kickboxing, and martial arts referee's or judge's license shall be
one hundred fifty dollars ($150).



18813.  The application and renewal fee for an amateur boxing,
kickboxing, and martial arts referee's and judge's license shall be
seventy-five dollars ($75).


18814.  The application and renewal fee for a timekeeper's license
shall be fifty dollars ($50) unless the commission establishes a
lower fee by regulation.


18815.  The application and renewal fee for a sparring permit shall
be twenty-five dollars ($25).



18817.  The application and renewal fee for professional boxers'
training gymnasium shall not exceed two hundred dollars ($200).



18819.  The fee for a simultaneous telecast permit under Section
18831 shall be fifty dollars ($50) per event.



18822.  (a) For licenses issued before January 1, 2007, a license
may be renewed at any time prior to midnight on December 31 of the
year in which it was issued. If not renewed, the license shall expire
at that time.
   (b) A license issued on or after January 1, 2007, shall expire 12
months after issuance, on the last day of the 12th month. To renew an
unexpired license, the licenseholder shall, on or before midnight of
the day on which the license would otherwise expire, apply for
renewal on a form prescribed by the commission and pay the prescribed
renewal fee. If the licenseholder is a boxer or martial arts
contestant, the renewal application shall also be accompanied by the
required medical examinations and test results. Renewal of an
unexpired license shall continue the license in effect for one year
from the expiration date of the license, when it shall again expire
if it is not renewed.



18824.  (a) Except as provided in Sections 18646 and 18832, every
person who conducts a contest or wrestling exhibition shall, within
five working days after the determination of every contest or
wrestling exhibition for which admission is charged and received,
furnish to the commission the following:
   (1) A written report executed under penalty of perjury by one of
the officers, showing the amount of the gross receipts, not to exceed
two million dollars ($2,000,000), and the gross price for the
contest or wrestling exhibition charged directly or indirectly and no
matter by whom received, for the sale, lease, or other exploitation
of broadcasting and television rights of the contest or wrestling
exhibition, and without any deductions, except for expenses incurred
for one broadcast announcer, telephone line connection, and
transmission mobile equipment facility, which may be deducted from
the gross taxable base when those expenses are approved by the
commission.
   (2) A fee of 5 percent, exclusive of any federal taxes paid
thereon, of the amount paid for admission to the contest or wrestling
exhibition, except that for any one contest, the fee shall not
exceed the amount of one hundred thousand dollars ($100,000). The
commission shall report to the Joint Committee on Boards,
Commissions, and Consumer Protection on the fiscal impact of the one
hundred thousand dollar ($100,000) limit on fees collected by the
commission for admissions revenues.
   (A) The amount of the gross receipts upon which the fee provided
for in paragraph (2) is calculated shall not include any assessments
levied by the commission under Section 18711.
   (B) (i) If the fee for any one boxing contest exceeds seventy
thousand dollars ($70,000), the amount in excess of seventy thousand
dollars ($70,000) shall be paid one-half to the commission and
one-half to the Boxers' Pension Fund.
   (ii) If the report required by subdivision (b) of Section 18618
recommends that the Boxers' Pension Fund shall be expanded to include
all athletes licensed under this chapter, the commission, by
regulation, shall require, for all contests where the fee exceeds
seventy thousand dollars ($70,000), the amount in excess of seventy
thousand dollars ($70,000) shall be paid one-half to the commission
and one-half to the Boxers' Pension Fund only if all athletes
licensed under this chapter are made eligible for the Boxers' Pension
Fund.
   (C) The fee shall apply to the amount actually paid for admission
and not to the regular established price.
   (D) No fee is due in the case of a person admitted free of charge.
However, if the total number of persons admitted free of charge to a
boxing, kickboxing, or martial arts contest, or wrestling exhibition
exceeds 33 percent of the total number of spectators, then a fee of
one dollar ($1) per complimentary ticket or pass used to gain
admission to the contest shall be paid to the commission for each
complimentary ticket or pass that exceeds the numerical total of 33
percent of the total number of spectators.
   (E) The minimum fee for an amateur contest or exhibition shall not
be less than five hundred dollars ($500).
   (3) A fee of up to 5 percent, to be established by the commission
through regulations to become operative on or before July 1, 2008,
and updated periodically as needed, of the gross price, exclusive of
any federal taxes paid thereon, for the sale, lease, or other
exploitation of broadcasting or television rights thereof, except
that in no case shall the fee be less than one thousand dollars
($1,000) or more than twenty-five thousand dollars ($25,000).
   (b) As used in this section, "person" includes a promoter, club,
individual, corporation, partnership, association, or other
organization, and "wrestling exhibition" means a performance of
wrestling skills and techniques by two or more individuals, to which
admission is charged or which is broadcast or televised, in which the
participating individuals are not required to use their best efforts
in order to win, and for which the winner may have been selected
before the performance commences.



18825.  An inspector or other representative of the commission duly
authorized by the executive officer shall be admitted to the box
office, and is authorized to assist in the counting of tickets and in
the computation of the tax due thereon, and to take any other action
necessary for the administration and enforcement of this chapter.
The inspector or other representative shall immediately mail to the
commission the official statement of gross receipts received by him
or her from the promoter.



18826.  Whenever any promoter fails to make a report of any contest
or wrestling exhibition within the period prescribed by this chapter,
or whenever such report is unsatisfactory to the commission, the
executive officer, or his or her duly authorized representative may
examine, or cause to be examined, the books and records of the
promoter and any other persons or organizations, and subpoena and
examine under oath, such persons for the purpose of determining the
total amount of the gross receipts for any contest or wrestling
exhibition and the amount of tax due pursuant to this chapter, which
tax he or she may fix and determine as a result of such examination.




18827.  If a promoter fails to pay any tax ascertained to be due
under this chapter, in addition to the costs of the examination under
Section 18826, if any, within 30 days after receipt of notice by the
executive officer, the commission may without hearing revoke or
suspend the promoter's license and authorize the Attorney General to
bring an action in superior court to collect the amount due, any
fines authorized by this chapter, and attorney's fees.
   The action shall be speedily determined by the court and shall
take precedence over all matters pending therein except criminal
cases, applications for injunction or other matters to which special
precedence has been given by law.



18828.  (a) The commission may enter into a contract to sanction,
supervise, or provide other services for contests under this chapter
for which the fees under this chapter do not apply only if the
contract provides for a payment to the commission for reasonable and
necessary services provided under the contract.
   (b) It is the intent of the Legislature that payment under
subdivision (a) shall include the following:
   (1) Consideration of costs incurred by the commission.
   (2) A contribution into the Boxers' Pension Fund of not less than
20 percent of the commission's costs under paragraph (1).
   (3) A contribution into the State Athletic Commission Neurological
Examination Account of not less than 20 percent of the commission's
costs under paragraph (1).
   (c) A contestant's participation in a contest subject to this
section shall be deemed to be a commission-approved contest for
purposes of participation in the Boxers' Pension Plan.