Delaware General Assembly

AN ACT TO AMEND TITLES 11, 28 AND 29 OF THE DELAWARE CODE RELATING TO BOXING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

A person is guilty of the unauthorized promotion of boxing, mixed martial arts or of a combative sports entertainment or combative fighting match, contest, or event if the person promotes, arranges, advertises, or conducts a combative sports entertainment or combative fighting match, contest, or event in violation of Chapter 1 of Title 28 of the Delaware Code.

A charge of the unauthorized promotion of boxing, mixed martial arts or of a combative sports entertainment or combative fighting match, contest, or event shall not exclude prosecution for other offenses or violations of this Code.

The unauthorized promotion of boxing, mixed martial arts or of a combative sports entertainment or combative fighting match, contest, or event is a class A misdemeanor.

(a) A person is guilty of the unauthorized participation in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event if the person participates as a competitor in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event in violation of Chapter 1 of Title 28 of the Delaware Code.

(b) A charge of the unauthorized participation in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event shall not exclude prosecution for other offenses or violations this Code.

(c) The unauthorized participation in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match,contest, or event is a class A misdemeanor.”.

(a) It is the intent of the General Assembly in enacting this Chapter to regulate amateur and professional boxing, mixed martial arts and combative sports entertainment. Unregulated boxing and combative sports entertainment matches, contests, and events threaten the health, safety, and welfare not only of their participants, but also of those charged with staging and judging them, those who train to participate in them at a future time, and in some cases those who attend them.

(b) To the end of furthering the substantial and compelling interest of the people of this State in regulating boxing, mixed martial arts and combative sporting entertainment events, and in order to promote the health, safety and welfare, of those effected by combative sports in Delaware, this chapter shall be liberally construed so as to effectuate its purposes.

The following words, terms, and phrases shall, when used in this Chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

(1) ‘Amateur boxing’ shall mean any boxing event, as herein defined, which is sanctioned by an amateur boxing association recognized by the Director, such as, but not limited to, the International Amateur Boxing Association, Golden Gloves USA Boxing, Inc. or Mid-Atlantic Association, and for which boxers who engage in a match or contest where no purse of cash or any other article of value is awarded for his or her participation or victory, and who has never received any purse of cash or other article of value for his or her participation or victory in a match or contest, which is greater than the maximum amount permitted by the Division, as defined in rule and regulations of the Division.

(2) ‘Bout’ shall mean one boxing or mixed martial arts match, as defined herein.

(3) ‘Boxing’ shall mean the act, activity, or sport of attack and defense in which a participant delivers blows with his or her fists, especially according to rules requiring the use of boxing gloves and limiting legal blows to those striking above the waist and on the front or sides of the opponent.

(4) ‘Boxing Match’ shall mean a single boxing bout wherein participants use their best efforts to prevail through knockout, technical knockout, judges’ decision or any other manner of determining victory which are consistent with the rules governing boxing and authorized by the rules and regulations of the Division.

(5) ‘Combative fighting’ shall include, but not be limited to such terms as “toughman fighting”, “toughwoman fighting”, badman fighting”, “U.F.C.”, extreme fighting”, “mixed martial arts” and all such similar terms or names, and shall mean any unsanctioned boxing or wrestling match, contest or exhibition between two or more participants and where members of the public are selected from the audience to participate with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, and who compete for a financial prize or any item of pecuniary value, and which match, contest, tournament, championship or exhibition is not recognized or sanctioned by any international, national or regional professional sanctioning organization recognized by the Director.

(6) ‘Combative sports entertainment’, included but not limited to “celebrity boxing”, “entertainment boxing” and all such similar terms or names shall mean a display of skill for the purpose of entertaining an audience, consisting of choreographed or simulated combat in which techniques commonly used in combative sports are employed by participants. The participants do not exert their best effort and the winner is determined prior to the match.

(7) ‘Contest’ shall mean a bout or group of bouts involving contestants competing in a professional or amateur boxing event or permitted combative sports entertainment event.

(8) ‘Contestant’ shall mean a person who competes in any licensed boxing event, mixed martial arts event or permitted combative sports entertainment event.

(9) ‘Council’ shall mean the Boxing and Combative Sports Advisory Council.

(10) ‘Director’ shall mean the Director of the Division of Professional Regulation of the Department of State.

(11) ‘Division’ shall mean the Division of Professional Regulation of the Department of State.

(12) ‘Event’ shall mean an organized series of contests and/or individual matches presented as a single occasion.

(13) ‘Mixed martial arts’ shall mean combative discipline in which a combination of controls, takedowns, submissions and striking techniques are employed by trained practitioners.

(14) ‘Professional’ shall mean a person who engages in a match or contest where a purse of cash or other article of value is awarded for his or her participation or victory which is greater than the maximum amount permitted by the Division to be awarded to an amateur, as defined in the Division’s rule and regulations .

(15) ‘Professional boxing’ shall mean a boxing match as herein defined, which is sanctioned by a professional boxing association recognized by the Director, such as, but not limited to, the World Boxing Association or the World Boxing Conference of the North American Boxing Association, and for which the boxers are compensated financially.

(16)‘Promoter’ shall mean any person, regardless of job title, who arranges, advertises, produces, stages or conducts a boxing, mixed martial arts or combative sports entertainment event.

(17)‘Secretary’ means the Secretary of State or designee.

§ 103. Rules and Regulations.

(1) To make and publish rules regulating all professional and amateur boxing, mixed martial arts and combative sports entertainment events held in the State of Delaware, and such rules shall have the force and effect of law;

(2) To accept applications for and issue licenses and permits for boxing, mixed martial arts or combative sports entertainment events held in the State of Delaware. Such licenses and permits shall be issued in accordance with rules duly adopted by the Division;

(3) To suspend or revoke licenses and to fine licensees or permittees for any violation of this statute or any regulation made pursuant thereto;

(4) To charge fees to be determined by the Director of any license or permit authorized hereby; and the amount charged for fees imposed under this chapter shall approximate and reasonably reflect costs necessary to defray the expenses of the Council, as well as the proportional expenses incurred by the Division. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter;

(5) To establish reasonable qualifications for any applicant seeking a license or permit, or to be registered, pursuant to this chapter;

(6) To establish criteria to determine whether and when a bond shall be posted by a permittee or licensee, the amount of any bond it requires to be posted, and any other conditions relating to the posting of a bond, including those relative to any waiver or exclusion from such posting requirement;

(7) To provide for the designation and assignment of an agent who shall:

a. be present at all times during any boxing, mixed martial arts or combative sports entertainment event to which he or she is assigned;

b. represent the State and act on behalf of the Division at such event for all reasons consistent with the Division’s authority under this chapter; and

c. exercise and enforce this chapter and the Division’s regulations including, but not limited to:

1. the authority to veto the decisions of event officials and participants for good cause; and

2. the authority to halt any or all matches undertaken during the event, or to halt the entire event.

d. Any such agent, and any of its authorized representatives and employees, shall be treated as an agency of the State and/or a public officer or employee of the State, for purposes of subchapter I of Chapter 40 of Title 10 of the Delaware Code.

(8) To be present at licensed and permitted events in all areas where contestants are prepared and evaluated, including dressing rooms and ringside.

(9) To veto the decisions of event officials and participants for good cause; and the authority to halt any or all matches undertaken during the event, or to halt the entire event for good cause.

§ 104. Investigative Authority; Complaints.

(a) The Director, or his/her designee, shall investigate either by complaint or sua sponte all allegations of violation of statutory or regulatory provisions regulating boxing, mixed martial arts and combative sports entertainment in the State of Delaware, and in doing so, an agent of the Division may enter, at a reasonable time and without prior notice, any place of business or other establishment or building in which activity alleged to violate this chapter may occur. All violations shall be investigated as prescribed in § 8735(h) of Title 29 of the Delaware Code. The Secretary, or his/her designee, shall have the authority to suspend or revoke any license or permit or to impose an administrative penalty on any licensee or permittee for any violation of this statute or any rules or regulations made pursuant thereto. Any license may be suspended pending a hearing before the Secretary, or his/her designee, for any statutory or regulatory violation which, in the opinion of the Director, or his or her designee presents an imminent threat to the safety of the contestants or to the health, welfare or safety of the general public. The Director, or his or her designee, shall immediately inform the promoter of the boxing, mixed martial arts and/or combative sports entertainment event and the manager of each contestant in the event of the nature of the violation and the reason for the suspension. All violations shall be heard by the Secretary, or his or her designee within 30 days of the suspension. All hearings regarding statutory or regulatory violations shall be governed by the provisions set forth in the Delaware Administrative Procedures Act, 29 Del C., 101. The proceeds of all administrative penalties imposed by the Secretary shall be paid to the Division.

(b) Any person wishing to make a complaint against any licensee or permittee shall file such a complaint in the form and manner set forth in § 8735(h) of Title 29 of the Delaware Code.

§ 105. Boxing or mixed martial arts License.

(a) No person shall participate in a professional boxing or mixed martial arts event unless licensed by the Division or the Division’s designated agent and the following conditions exist:

(1) Where the promoter presents proof of insurance sufficient to provide medical care of the nature and quality recognized as falling within the standard of medical care in the State of Delaware by the medical community of the State; and

(2) Where a physician, licensed to practice medicine by the Delaware Board of Medical Practice, or in the jurisdiction of the designated agent is in attendance under the authority of the Division or its designated agent; and

(3) Where the promoter, contestant, referee, timekeeper, seconds and judges shall be licensed by the Division or its designed agent; and

(4) Where the event is held in accordance with the sanctioning organization’s rules, bylaws, guidelines or other such conditions.

(5) Where all license fees have been paid to license the event, in an amount established by the Director or the Division’s designee.

(6) No contestant shall be licensed to participate in a boxing or mixed martial arts event unless certified as physically and mentally fit by a medical doctor licensed by the State of Delaware or in the jurisdiction of the designated agent for professional boxing events. The medical examination of the contestant shall take place no sooner than five days prior to the boxing or mixed martial arts event. The costs of the examination shall be paid by the promoter and not deducted from or charged against the purse or other monetary or financial compensation awarded to the contestant. Medical certification of all contestants shall be presented to the Division prior to the boxing or mixed martial arts event. The criteria for physical and mental fitness shall be established by rule.

(7) All contestants who suffer loss of consciousness or who have been injured seriously as a result of blows received to the head or body shall be supervised for a period not to exceed one hundred twenty days by a licensed medical doctor. The determination of loss of consciousness or of serious injury shall be made only by a medical doctor licensed by the State of Delaware and approved by the Director, or his or her designee, for attendance at the event. The Secretary, or his or her designee, shall suspend the license to engage in boxing or mixed martial arts of any contestant who shall have suffered loss of consciousness or serious injury as a result of blows received to the head or body for a period of no less than 60 days. Such suspension shall remain effective unless and until such contestant shall present to the Secretary, or his or her designee, a certificate of medical clearance on a form approved by the Director and signed by a medical doctor licensed in the State of Delaware certifying that the contestant is physically and mentally fit to engage in boxing or mixed martial arts.

(b) No person shall participate in an amateur boxing or mixed martial arts event unless that event is permitted by the Division and the following conditions exist:

(1) Where such boxing or mixed martial arts event is sanctioned by an amateur sanctioning organization recognized by the Director; and

(2) Where such amateur boxing or mixed martial arts event is permitted by the Division;

(3) Where the event is held in accordance with the sanctioning organization’s rules, bylaws and guidelines or other such conditions;

(4) Where a fee has been paid to permit the event, in an amount established by the Director.

(5) No contestant shall be licensed to participate in a boxing or mixed martial arts event unless certified as physically and mentally fit by a medical doctor licensed by the State of Delaware or in the jurisdiction of the designated agent for professional boxing or mixed martial arts events. The medical examination of the contestant shall take place no sooner than five days prior to the boxing or mixed martial arts event. The costs of the examination shall be paid by the promoter and not deducted from or charged against the purse or other monetary or financial compensation awarded to the contestant. Medical certification of all contestants shall be presented to the Division prior to the boxing or mixed martial arts event. The criteria for physical and mental fitness shall be established by rule.

(6) All contestants who suffer loss of consciousness or who have been injured seriously as a result of blows received to the head or body shall be supervised for a period not to exceed one hundred twenty days by a licensed medical doctor. The determination of loss of consciousness or of serious injury shall be made only by a medical doctor licensed by the State of Delaware and approved by the Director, or his or her designee, for attendance at the event. The Secretary, or his or her designee, shall suspend the license to engage in boxing or mixed martial arts of any contestant who shall have suffered loss of consciousness or serious injury as a result of blows received to the head or body for a period of no less than 60 days. Such suspension shall remain effective unless and until such contestant shall present to the Secretary, or his or her designee, a certificate of medical clearance on a form approved by the Director and signed by a medical doctor licensed in the State of Delaware certifying that the contestant is physically and mentally fit to engage in boxing or mixed martial arts.

§ 106. Combative Sports Entertainment Permit.

§ 107. Exceptions.

(1) To any intramural or intermural boxing or mixed martial arts event or athletic competition of any school, college, or university accredited by the Delaware Department of Education or any boxing or mixed martial arts event held on any federal military reservation, provided that those participating in such an event are students or faculty of such school, college or university or students or faculty from a school, college or university inside or outside the State of Delaware and accredited by the appropriate State educational authority or members of the armed forces of the United States or enrolled in and supervised by the Delaware State Police Academy.

Subchapter V. Penalties; Injunctive Relief.

§108. Penalties

(1) Combative fighting, as defined herein, shall be prohibited in the State of Delaware. All participants in a combative fighting event, including, but not limited to contestants, promoters, managers, matchmakers, seconds, judges, timekeepers and referees, shall be subject to prosecution under Title 11 of the Delaware Code.

(2) No boxing, mixed martial arts or combative sports entertainment event shall be permitted unless licensed by the Division or its designated agents. All participants in such an unlicensed boxing, mixed martial arts or combative sports entertainment event, including, but not limited to, contestants, promoters, managers, matchmakers, seconds, judges, timekeepers and referees, shall be subject to prosecution under Title 11 of the Delaware Code for applicable offenses.

(3) Any promoter who has been found guilty by the Secretary, or his or her designee, of promoting an unsanctioned boxing or mixed martial arts match shall be assessed an administrative penalty of no less than $500 nor more than $1,000 per individual boxing or mixed martial arts match regardless of the number of matches scheduled.

(4) Any promoter who has been found guilty by the Secretary, or his or her designee, of promoting an unsanctioned combative sports entertainment event shall be assessed an administrative penalty of no less than $500 nor more than $1000 per event scheduled.

§ 109. Injunctive relief.

(a) The Division may seek injunctive relief in any court of competent jurisdiction of this State to enjoin any person from undertaking any combative sporting event in violation of this chapter or of the Division’s regulations or to compel obedience to any order of the Director relating to combative sports.

(b) In addition to any other statutory or regulatory sanction that may be imposed, the Director shall have the authority to apply to the Delaware Court of Chancery for an injunction, restraining order or any other order as may be appropriate to enjoin any person, partnership, organization, corporation, limited liability company, limited partnership or limited partnership from:

(1) promoting or offering to promote any unlicensed amateur or, professional boxing event, mixed martial arts event or combative sports entertainment event;

(2) advertising or offering to advertise any unlicensed amateur or professional boxing event, mixed martial arts event or combative sports entertainment event;

(3) conducting or offering to conduct any unlicensed amateur or professional boxing event, mixed martial arts event or combative sports entertainment event; or

(4) competing or offering to compete in any unlicensed amateur or professional boxing event, mixed martial arts event or combative sports entertainment event.

(a) The Division shall establish a Boxing and Combative Sports Advisory Council.

(b) The Advisory Council shall be composed of five members who shall be appointed by the Director of the Division of Professional Regulation. The members shall include the following:

(1) One member shall be a physician licensed by and a resident in the State of Delaware with an expertise in sports medicine.

(2) One member, who is currently, or shall have been a full-time member of a Delaware police agency or a federal agency with law enforcement responsibilities with no less than 3 years experience in the areas of gambling, organized crime or related areas.

(3) One member shall be a Delaware resident with no less than 3 years experience as a boxer.

(4) One member shall be a Delaware resident with no less than 3 years experience as a mixed martial arts practitioner.

(5) One member shall be a Delaware resident with no less than 3 years experience as a promoter.

(6) One member shall be a Delaware resident with no less than 3 years experience as a referee.

(7) One member shall be a public member that shall not be, nor ever have been a boxer, promoter, manager, second, referee or judge or employed by a boxer, manager, second, referee or judge nor have been engaged in an activity directly related to boxing. The public member shall be accessible to inquiries, comments and suggestions from the public.

(1) Hold open, public meetings as required by the Director, and in accordance with the provisions of the Delaware Freedom of Information Act (29 Del. C. § 100) and the Delaware Administrative Procedures Act (29 Del. C. Chap. 101), to discuss issues relating to the state of boxing and sports entertainment in Delaware including, but not limited to: rules and regulations, proposed legislation, policy guidelines, amateur and professional participation in boxing and combative sports entertainment events, and such other issues as it deems appropriate;

(2) Submit to the Director of the Division of Professional Regulation proposed rules, regulations, legislation, or policy guidelines relating to the conduct of boxing and combative sports entertainment matches, contests, and events, and the participants therein;

(3) Upon the request of the Director or any licensee or permittee or upon a motion of two thirds of the Council, review any rule, regulation, statutory provision, or policy guideline issued by the Division governing any amateur or professional boxing or combative sports entertainment event for the purpose of advising the Division as to the fairness or a violation thereof; and

(4) Review all written reports submitted by a referee following a boxing or combative sports entertainment match the end of which was not satisfactory to the referee and make recommendations thereon to the Division;

(d) The Council may review at the request of the Director all applications for any license or permit issued by the Division for the purpose of regulating the conduct of amateur and professional boxing or combative sports entertainment event within Delaware. When reviewing such applications, the Council shall review any medical or criminal histories contained therein in executive session, and such histories shall be exempt from disclosure under the Delaware Freedom of Information Act.

(e) The Advisory Council may require any licensee, permittee, registrant, medical personnel, or other person identified in the Division’s regulations to submit one or more reports relating to any match, contest, or event in order to fulfill its duties under subsection (c) of this section. Such reports shall be submitted under oath and notarized on a form approved by the Division. Refusal by any licensee, permittee, or registrant to comply with the Advisory Council’s reporting requirement pursuant to this subsection shall be deemed sufficient grounds for immediate censure, suspension, or revocation of the respective license, permit or registration.

(f) The Advisory Council may hear oral testimony from any witness having relevant evidence in any matter relating to any match, contest, or event in order to fulfill its duties under subsection ( c) of this section. Such testimony shall be given under oath and permanently preserved on audio recording tape, by stenographic transcript, or in another manner pursuant to the Division’s regulations.

Subchapter VII. Grounds for refusal to issue a license or permit; disciplinary procedures.

§ 111. Revocation, suspension, censure, reprimand, probation, fine, license or permit refusal.

The Secretary or his or her designee may refuse a license or permit, suspend or revoke a license or permit issued or allowed pursuant to this chapter, or may reprimand, censure or fine a licensee or permittee, if he or she has reasonable grounds to believe that the applicant, licensee, registrant, or permittee has:

(1) Violated a provision of this chapter or of the Division’s regulations;

(2) Been adjudged guilty in another jurisdiction of violating any statute or regulation governing boxing or any combative sports entertainment event prohibited or regulated by the Division;

(3) Been disciplined by any sanctioning organization recognized by the Division;

(4) Pleaded guilty to, or been convicted of, any crime that is substantially related to boxing or combative sports entertainment in any jurisdiction, including but not limited to bribery, gambling, racketeering, combative fighting or organized-crime activities;

(5) Been found to have committed an administrative violation in any jurisdiction for acts constituting bribery, gambling, racketeering, combative fighting or organized-crime activities;

(6) Been afflicted with a physical or mental disability or impairment that renders him or her no longer capable of exercising the rights or discharging the duties granted pursuant to the license, registration, or permit; provided, however, that the Division must consider, as a mitigating factor, the person’s participation in the Voluntary Treatment Option Program as set forth in Section 8735(n) of Title 29of the Delaware Code;

(7) Failed to complete at the direction of the Division, its designee or of the Council, any paperwork or administrative formalities in connection with his or her participation in or association with a boxing or combative sports entertainment match conducted in this State, as defined in rule and regulation; or

(8) Engaged in an activity that, in the opinion of the Director, warrants refusal of license or permit, censure, probation, issuing a reprimand or fine, suspension, or revocation in order to preserve the integrity of boxing and combative sports entertainment in Delaware.

§ 112. Forfeiture of purse.

§ 113. Judicial review; appeal from decision or order.

(a) Any person aggrieved by a decision or order of the Secretary or the Director relating to boxing or combative sports entertainment may seek judicial review thereof by appealing the matter to the Superior Court within 30 days of the dated the decision was mailed.

(b) Any appeal taken pursuant to this section does not stay the effect of the decision or order of the Director which is the subject of the appeal. The Court may order a stay upon a showing of irreparable harm to the appellant. The Court may require a bond if it orders a stay pursuant to this section.

(c) Any appeal taken pursuant to this section shall be on the record to the extent one exists. Where no record exists, the Court may remand the matter to the Director for the purposes of establishing a record or may, for good cause shown, retain the matter and accept such additional evidence as it deems necessary to render a decision in the matter. If the Court retains the matter, it may affirm or reverse the decision or order, or may remand the matter to the Director for further proceedings.

§ 114. Service of process.

§ 115. Certification of record.

Approved July 21, 2008