Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 61 - COMBATIVE SPORTS
Section 61.40 - Responsibilities of the Promoter
Universal Citation: 16 TX Admin Code ยง 61.40
Current through Reg. 49, No. 12; March 22, 2024
(a) Bond and Insurance Requirements for Promoters
(1) At the time of licensure and upon each
renewal, a promoter applicant must submit to the department proof of financial
responsibility by:
(A) submitting a $15,000
surety bond written by a bonding company authorized to do business in the State
of Texas guaranteeing payment of all obligations, except gross receipts taxes,
arising out of events promoted by the applicant which shall remain in effect
for four years after the effective cancellation date; and
(B) submitting a $15,000 surety bond, written
by a bonding company authorized to do business in the State of Texas,
guaranteeing payment of gross receipts taxes owed for promoted events, which
shall remain in effect for four years after the effective cancellation
date.
(2) The promoter
shall provide insurance and pay all deductibles for contestants, to cover
medical, surgical and hospital care with a minimum limit of $50,000 for
injuries sustained while participating in a contest and $100,000 to a
contestant's estate if he dies of injuries received while participating in a
contest. The insurance premium and deductibles shall not be deducted from the
contestant's purse. At least ten calendar days before an event, the promoter
shall provide to the department for each event sponsored, a certificate of
insurance showing proper coverage. The promoter shall supply to those
participating in the event the proper information for filing a medical
claim.
(b) A promoter shall:
(1) Bear all financial responsibility
for the event.
(2) Provide the
department written notice of all proposed event dates, ticket prices, and
participants of the main event, at least 21 days before the proposed event date
and obtain written department approval to promote the event before advertising
or selling tickets. Promoters who have cancelled or postponed two events in
sequence after having obtained department approval for the events will be
required to pay the permit fee set out in §61.80(c) at the time the 21 day
notice is filed. The fee will not be refunded.
(3) Obtain written department approval for
the fight card at least 10 working days before the event date in a manner
prescribed by the department. The request shall contain the full legal name,
address, date-of-birth, Texas contestant license number, Federal Identification
number, weight, previous fight record (by supplying current results from the
contestant's boxing registry recognized by the Professional Boxing Safety Act
of 1996,
15
USC §§6301 -
RSA
6313 or from Mixed Martial Arts, LLC the
national registry for MMA contestants), and number of rounds to be fought for
each contestant. In addition, the department may require submission of
certified birth certificates or other official evidence of
identification.
(4) Provide written
notice to the department of any change in the card before the scheduled
weigh-in. Notices announcing changes or substitutions in the card must also be
conspicuously posted at the box office and announced from the ring before the
opening bout.
(5) Provide to the
department, written notice of any change in the announced or advertised
location, time or card cancellations before the scheduled weigh-in.
(6) Provide two ringside physicians, to be
assigned by the department, for each event.
(7) Provide at least one physician to conduct
pre-fight physicals. The department may require additional physicians depending
on the event size. Provide a private area for the ringside physician to perform
pre-fight examinations.
(8) Assure
that beverages are only allowed in paper or plastic cups at the
event.
(9) Immediately after the
event, compensate the ringside physicians, timekeepers, judges, referees and
contestants. Payment of percentage contracts shall be made when the amount can
be determined. Payments that do not require additional accounting or auditing,
shall be made in the presence of an authorized department
representative.
(10) Provide no less
than two private dressing rooms of adequate size for the contestants, their
licensed managers, and seconds, and separate dressing rooms for male and female
contestants. Only working department employees, contract inspectors, media,
physicians, working ring officials, promoter, promoter staff, manager, and
seconds will be allowed in the dressing rooms.
(11) Ensure that no alcoholic beverages or
illegal drugs are in the dressing room.
(12) Ensure the safety of the contestants,
officials, and spectators.
(A) There shall be
a pre-fight plan and route to remove an injured contestant from the ring and
arena. The promoter shall inform the department of the plan which shall include
the name and location of a local hospital emergency room.
(B) A sufficient number of security personnel
shall be retained to maintain order.
(13) Schedule no less than 24 or more than 60
rounds for each boxing event. No bout shall exceed 10 rounds, except a
championship or title bout which shall not exceed 12 rounds. A sparring or
exhibition bout shall not exceed three rounds.
(14) Schedule no less than 6 or more than 15
bouts for each mixed martial arts event.
(15) Ensure that the rules in §61.106
regarding equipment and gloves that apply to a particular type of event are
followed and that each event is conducted in compliance with the following:
(A) The ring apron shall be kept clear at all
times of objects including, but not limited to: cameras, microphones, and
advertisements. A separate camera platform at a neutral corner of the ring for
use by camera operators may be provided. Camera operators may be allowed on the
ring apron during rest periods, between bouts, or at the discretion of the
executive director, or his designee. No seats may be sold at the ring
apron.
(B) The technical zone shall
be set up for the department, according to the instructions of the executive
director or his designee.
(C) All
emergency medical personnel and portable medical equipment shall be located
within the technical zone during the event. There must be a resuscitator,
oxygen, stretcher, a certified ambulance, neck brace, defibrillator, backboard,
portable suction, and an emergency medical technician on site for all contests.
The executive director, or his designee, may require additional medical
personnel and equipment depending on the number of matches scheduled.
(D) The judges' chairs shall be high enough
that their shoulders shall be no lower than the ring floor. Physician ringside
seats shall be in the neutral corner(s).
(E) There shall be at least one, but no more
than three, authorized promoter representative(s) at ringside at all times.
Only the promoter's representative(s), department officials, the press,
physicians, representatives of sanctioning bodies, and judges shall sit at the
ringside tables. For purposes of this subparagraph, an event coordinator is a
representative of the promoter.
(F)
There shall be at least one, but no more than three, authorized promoter
representative(s) at ringside at all times. Only the promoter's
representative(s), department officials, the press, physicians, representatives
of sanctioning bodies, and judges shall sit at the ringside tables. For
purposes of this subparagraph, assignees are not representatives of the
promoter.
(16) Pay by
check or money order the licensing fee of any contestant or manager who intends
to participate in a scheduled combative sports event and who is not licensed at
the time of the event weigh-in.
(17) Supervise the activities of employees to
ensure that promoted events are conducted in compliance with this chapter and
applicable statutes.
(18) Ensure
that all advertising concerning an event he promotes accurately describes the
event and does not include the names of any person or entity, other than the
promoter, as a presenter of the event.
(c) Contract requirements between Promoter and Contestant.
(1) The promoter for an event
shall have contracts with contestants executed in triplicate on department
forms showing the amount of guarantee or percentage promised the number and
time limit of rounds, when and where the contestants are scheduled to appear,
weight category, and other pertinent details governing the event. If
applicable, the compensation section must include the specifics of television,
radio and cable rights. The contract must define and provide for agreement on
compensation if the opponent fails to appear at the weigh-in or bout. All
contracts must state the dollar amount or percentage withheld for expenses,
taxes, advances, sanctions or any other items the promoter seeks to subtract
from a contestant's purse.
(2) The
promoter shall furnish one executed copy of the contract to the contestants or
their managers, retain one, and submit one to the department.
(3) All required information must be typed or
legibly printed, and the contestant and promoter shall initial any changes or
addenda.
(d) Tickets
(1) All tickets shall have printed on each
half, the price including any service surcharge or handling fee, and event
date.
(2) Roll tickets with
consecutive numbers shall be sold only at the box office on the day of the
event.
(3) If there is no ticket
manifest, tickets of different prices shall be printed on different colored
ticket stock.
(4) The promoter
shall submit a verified report to the department of tickets delivered to any
outlet or event sponsor. The report shall account for any known overprints,
changes, or extras and must be on a department-approved form.
(5) Tickets shall not be sold for more than
the actual capacity of the location where the event is held.
(6) All tickets shall be torn in half and one
half returned to the ticket holder at the entrance gate. The other half shall
be immediately deposited in a sealed container, where it is to remain until the
department's representative witnesses the opening of the container. No one
shall pass through the gate without having their ticket torn or shall occupy a
seat unless holding a ticket half or have a working pass or credential with a
specific seat assignment indicated on them. Passes and or credentials may not
be sold or bartered.
(7) If a main
event or special added attraction is postponed or cancelled for any reason, the
promoter shall promptly refund ticket sales. A special added attraction is the
appearance of any person or persons at any combative sports event whose
reputation or ability is calculated to increase attendance. Tickets in the
hands of ticket services shall be returned to the promoter not later than when
the box office at the combative sports event site has closed.
(8) Promoters shall hold tickets of every
description used for any event, including deadwood, for at least 30 days after
the event. The tickets shall be kept in separate packages for each event for
audit purposes.
(9) The promoter
shall be responsible to pay the gross receipts tax for complimentary tickets
issued in excess of 25%.
(10) Gross
receipts taxes shall be calculated as 3% of the face value of all tickets sold
plus 3% of the face value of all complimentary tickets issued in excess of
25%.
(11) Tickets shall be
accounted for after the event and the executive director, or his designee, may
review the process, and may check the number of gate ticket containers and
their seals or padlocks.
(e) A promoter shall submit to the department a tax report and a 3% gross receipts tax payment within three business days of an event.
(f) In the event of a departmental audit of a tax report authorized by § RSA 2052.152, of the Texas Occupations Code, a person subject to the financial audit shall make available used tickets, deadwood and additional exhibits to the department in the form and at a time established by the executive director, or his designee.
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