Chapter 6. Combat Sports Commission.
§ 3–601. Purpose.
It is the purpose of this chapter to create the District of Columbia Combat Sports Commission with the authority to promulgate rules and regulations, to promote the District as a location for boxing, wrestling, kickboxing, martial arts, and mixed martial arts events, and to regulate boxing, wrestling, kickboxing, martial arts, and mixed martial arts within the District.
§ 3–602. Definitions.
For purposes of this chapter, the term:
(1) "Commission" means the District of Columbia Combat Sports Commission established by § 3-604.
(2) "Domestic partner" shall have the same meaning as provided in § 32-701(3).
(3) "Kickboxing" means unarmed stand-up combat that combines boxing with different disciplines of the martial arts, including kicking and striking.
(4) "Mixed martial arts" means unarmed combat involving the use of a combination of techniques from different disciplines of the martial arts, including grappling, kicking, and striking.
(5) "Participant" means a boxer, wrestler, performer of martial arts, performer of mixed martial arts, second, manager, matchmaker, promoter, referee, judge, timekeeper, announcer, usher, ticket seller, advertising and public relations personnel, and other persons, as the Commission may designate, who are involved or connected with, other than as a spectator, a boxing, wrestling, martial arts, or mixed martial arts contest, match, exhibition, or showing, professional as well as amateur, to be held, given, or shown within the District of Columbia.
(6) "Person" means an individual, partnership, corporation, association, or club.
(7) "Sanctioning body" means the organization providing the rules and regulations governing a bout.
(8) "School, college, or university" means every school, college, or university supported in whole or in part from public funds and every other school, college, or university supported in whole or in part by a religious, charitable, scientific, literary, educational, or fraternal organization that is not operated for profit and that no part of its net earnings inures to the benefit of any private shareholder or individual.
(9) "Unarmed combat" means boxing or any form of competition in which a blow is usually struck that may reasonably be expected to inflict injury.
§ 3–603. Statement of authority.
The authority of the Council to establish the District of Columbia Combat Sports Commission is granted in subsections (a) and (b) of § 1-204.04.
§ 3–604. Establishment of Commission.
(a) There is hereby created the District of Columbia Combat Sports Commission to consist of 5 members nominated by the Mayor and approved by the Council.
(b) Other than as provided in subsection (g) of this section, the term of office of a member of the Commission shall be 3 years.
(c) Whenever a vacancy on the Commission occurs before the end of a term, the Mayor, with the consent of the Council, may appoint a person to complete the remaining period of that term.
(d) A Commission member may be removed by resolution of the Council:
(1) For good cause shown; or
(2) Upon the written recommendation of the Mayor.
(e) The members of the Commission shall be residents of the District of Columbia for the duration of their term.
(f) The members of the Commission shall receive compensation pursuant to the provisions of § 1-611.08.
(g) The Mayor shall, within 30 days of October 8, 1975, nominate an individual to serve as Chairperson of the Commission for 3 years, and 2 more individuals to serve as members for 2 years, and 1 year respectively. The Council shall confirm or reject these nominees within 90 days of their nomination, or, in the absence of such action, within 90 days, such nominees shall be deemed confirmed. When at least 2 members have been confirmed, the Commission shall be deemed established.
§ 3–605. Jurisdiction.
(a) The Commission shall have and hereby is vested with the sole direction, management, control, and jurisdiction over all boxing, wrestling, kickboxing, martial arts, and mixed martial arts contests, matches, exhibitions, and showings, professional as well as amateur, to be conducted, held, given, or shown within the District of Columbia. The Commission is hereby given control, authority, and jurisdiction over all licenses and permits to hold boxing, wrestling, kickboxing, martial arts, and mixed martial arts contests, matches, and exhibitions for prizes or purses or in which a fee or price in money or value is charged or for which revenue of any type is received, and over all licenses or permits to participants in boxing, wrestling, kickboxing, martial arts, or mixed martial arts contests, matches or exhibitions; this section shall not be construed, however, to preclude the Commission from differentiating between professional and amateur contests, matches, and exhibitions and charitable and profit-seeking ventures on a reasonable basis. The Commission shall establish the criteria and procedures for the granting of licenses and permits under its jurisdiction and shall promulgate such criteria in accordance with Chapter 5 of Title 2.
(b) The Commission may exempt schools, colleges, or universities and similar amateur events from any and all of its rules upon proper application by such school, college, or university or by the manager or promoter of such amateur event.
§ 3–606. Powers.
(a) The Commission shall have the power to make, amend, carry out, and enforce such rules as it deems necessary for and likely to be effective in governing the events and procedures within its jurisdiction as well as all participants in such events and procedures. The Commission shall conduct its rulemaking and enforcement and other functions under the provisions of Chapter 5 of Title 2 where appropriate, and shall promulgate rules within 60 days of its establishment.
(b) The Commission shall have the power to issue permits and licenses to all participants, and for all events covered by this chapter. If the Commission, by rule, regulation, or order requires a license for a person or event covered by this chapter, no person shall hold, conduct, or be a participant in any such boxing, wrestling, kickboxing, martial arts, or mixed martial arts contest", match, or exhibition without a permit or license from the Commission. The Commission is authorized, in its sole judgment and discretion, to assign to those with proper permits, dates on which boxing, wrestling, kickboxing, martial arts, and mixed martial arts contests, matches, and exhibitions may be held, and no person shall hold any boxing, wrestling, kickboxing, martial arts, or mixed martial arts contest", match, or exhibition on any dates unless specifically authorized to do so by the Commission. No permit as described in this section shall be issued to any person unless such person agrees to accord to the Commission the right to examine the books of account and other records of such person relative to the boxing, wrestling, kickboxing, martial arts, or mixed martial arts contest", match, or exhibition for which such permit is issued, and such permit shall so state on its face. Licenses and permits may be revoked or suspended by the Commission for violation of any rule, regulation, or order of the Commission or for violation of any rule, regulation, or order of the District of Columbia or for other cause. The contested case provisions of §§ 2-509 and 2-510 shall be followed in revocation and suspension proceedings.
(c) The Commission shall have the power to collect fees for permits and licensure in an amount and in a manner that is reasonable in light of costs of administration and like charges imposed by other jurisdictions for similar licenses and that it shall determine with the approval of the Mayor. Any monies received but not expended at the end of a fiscal year shall lapse into the unrestricted fund balance of the General Fund of the District of Columbia.
(d) The Commission shall have the power to require all licensees and permittees to execute and file with the Commission a bond in an amount to be determined by the Commission before such license or permit may be granted. Said bond shall be approved as to form and sufficiency of sureties by the Mayor, or by such official as he may designate. In case of default in such performance, recovery may be had on such bond in the same manner as other penalties are recovered by law.
(e) The Commission shall have the power to establish standards for, and the permitted circumstances of, rental or ownership of the premises where events within the jurisdiction of the Commission will or may occur. The Commission may also establish standards for all equipment of the Commission. The Commission may also provide for the inspection of such premises and equipment.
(f) The Commission shall have the power to assess nonlicense fees and fines payable to the Commission under this chapter or the Commission rules, and to require reports and manifests to be furnished the Commission relating to nonlicense fees.
(g) The Commission shall have the power to employ such personnel as is necessary to carry out this chapter.
(h) Each member of the Commission shall have the power to administer oaths and affirmations and examine witnesses concerning any matters within the jurisdiction of the Commission. The Commission shall be vested with power to issue subpoenas as to matters within its jurisdiction and enforce the same in the Superior Court of the District of Columbia.
(i) The Commission shall have the power to investigate all operations, occurrences, events, and persons within its jurisdiction, and any suspected violation of its orders or rules, or of this chapter.
(j) The Commission shall have the power to issue such orders (including suspensions of licenses and permits) to persons within its jurisdiction, which reasonably will:
(1) Assure compliance with this chapter, or the Commission’s rules or orders;
(2) Prevent influence of organized crime in boxing, wrestling, kickboxing, martial arts, and mixed martial arts in the District of Columbia; or
(3) Encourage boxing, wrestling, kickboxing, martial arts, and mixed martial arts in the District.
(k) The Commission shall have the power, subject to the approval of the Mayor, to make or engage in contracts, agreements, or cooperative work with other District of Columbia agencies, or commissions or agencies of other states or cities governing boxing, wrestling, kickboxing, martial arts, or mixed martial arts, or private persons, when such contracts, agreements, or cooperative work will reasonably and lawfully carry out the purposes of this chapter.
(k-1) The Commission shall have the power to issue grants to fund programs and initiatives in accordance with part B of subchapter XII-A of Chapter 3 of Title 1, District law and regulation, a Mayor's order, or as specified by the Office of the Chief Financial Officer, the Office of Partnerships and Grant Services, or the Office of Contracting and Procurement.
(l) The Commission shall have the power to establish other rules and regulations concerning events and persons within its jurisdiction as it deems appropriate to encourage boxing, wrestling, kickboxing, martial arts, and mixed martial arts in the District of Columbia and for other purposes consistent with this chapter.
(m)(1) The Commission shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to establish standards for the operation of gymnasiums and other facilities used in the training of boxers, wrestlers, kickboxers, practitioners of martial arts, and practitioners of mixed martial arts, shall implement these rules, and shall license all facilities as well as inspect all facilities and equipment subject to this subsection.
(2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
§ 3–607. Administration.
(a) All receipts of the Commission shall be deposited into the District of Columbia Combat Sports Commission Fund, established in § 3-607.01.
(b) Every person holding or conducting an event within the jurisdiction of the Commission shall file with the Commission, within 24 hours after the event is over, a report concerning fees, prices, revenues, and gross receipts from the event at the time and in the form prescribed by the Commission; however, this shall not preclude the Commission from demanding manifests or reports at an earlier time. Such person shall pay to the Commission, at the time of the filing of the report, a fee of 5 per centum of the gross receipts realized by such person as a result of holding or conducting the event except that the Commission may require the amount so collected be not less than that necessary for the payment of compensation to the personnel necessary to conduct such contest, match or exhibition. Each ticket of admission to any covered event shall bear clearly upon its face its price.
(c)(1) Every person presenting or showing any boxing, wrestling, kickboxing, martial arts, or mixed martial arts match, contest, or exhibition on closed circuit telecast or subscription television viewed within the District, whether or not originating within the District, shall, within 72 hours excluding Saturdays, Sundays, and legal holidays after the presentation or showing is over:
(A) File with the Commission a report stating the exact number of tickets sold for the presentation or showing and the gross receipts from the presentation or showing or, if no tickets are sold, the price in money or value paid or owed for the presentation or showing, and any other information the Commission may require; and
(B) Pay to the Commission a fee of 5% of the first $100,000 of the gross receipts from, or price paid or owed for, the presentation or showing and 2% of any gross receipts or price paid or owed in excess of $100,000.
(2) Notwithstanding paragraph (1) of this subsection, the Commission may seek an advance payment for a presentation or showing when it deems an advance payment to be appropriate.
(d) The Commission may also charge such other nonlicense fees as are reasonable in amount for services it renders in carrying out its lawful functions.
(e) The Commission shall report quarterly to the Mayor and to the Council on its official acts and its efforts to promote the District of Columbia as a location for boxing, wrestling, kickboxing, martial arts, and mixed martial arts events. The Commission shall make recommendations, as it deems appropriate, to further the promotion of the District of Columbia as a location for boxing, wrestling, kickboxing, martial arts, and mixed martial arts events and to promote the effective regulation of professional and amateur boxing, wrestling, kickboxing, martial arts, and mixed martial arts events that are conducted or shown within the District of Columbia.
(f) Repealed.
(g) The Mayor shall conduct quarterly audits of the Commission and furnish the Commission with such office space as it needs and with administrative aid as the Commission may request.
§ 3–607.01. District of Columbia Combat Sports Commission Fund.
(a) There is established as a special fund the District of Columbia Combat Sports Commission Fund ("Fund"), to be administered by the Commission in accordance with subsection (c) of this section.
(b) There shall be deposited into the Fund:
(1) All receipts collected by the Commission pursuant to § 3-607(b), (c), and (d); and
(2) Any fines collected pursuant to § 3-608(c) or (d).
(c) Money in the Fund shall be used to carry out the powers of the Commission set forth in § 3-606.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
§ 3–608. Violations of Commission rules; penalties.
(a) Any person who holds any boxing, wrestling, kickboxing, martial arts, or mixed martial arts contest, match or exhibition in the District of Columbia, or engages or participates in a boxing, wrestling, kickboxing, martial arts, or mixed martial arts contest, match, or exhibition without a valid license or permit effective at the time as provided in § 3-606(b), shall, upon conviction thereof, be fined or imprisoned not more than 1 year, or both. Such cases shall be prosecuted by the Attorney General for the District of Columbia in the Superior Court of the District of Columbia.
(b) In the case of a person who is found by a preponderance of the evidence, under the contested case procedure in Chapter 5 of Title 2, in a hearing before the Commission, to have violated lawful orders or rules of the Commission other than those penalized by subsection (a) of this section, the Commission may, upon findings explaining its actions:
(1) Revoke the licenses previously obtained by such person under the Commission rules;
(2) Consider the violation as grounds for future license denials against such person;
(3) Levy a fine in an amount that the Commission considers appropriate;
(4) Refer the case to the Attorney General for further prosecution; or
(5) Make such other orders as are reasonable and just, restricting or directing the violator’s actions in regard to boxing, wrestling, kickboxing, martial arts, or mixed martial arts in the District of Columbia.
(c) For failure to file the reports or pay the fees required in subsections (b) and (c) of § 3-607, a fine amounting to 10% of the fees due under that section, up to a maximum of 30% thereof, shall be assessed for each month or part thereof in which such required reports are not filed, or fees paid.
(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
§ 3–609. Liability of Commission members.
(a) A member of the Commission shall not knowingly participate in any action of the Commission if such member, or the member’s spouse or domestic partner, parent, grandparent, child, grandchild, brother, sister, uncle, aunt, cousin, nephew or niece, has a financial or business interest in the action.
(b) A member shall not be liable in damages or court costs for any action of the Commission performed in good faith.
§ 3–610. Protective equipment; rules.
(a) All contestants competing in any amateur boxing, wrestling, kickboxing, martial arts, or mixed martial arts match, contest, or exhibition in the District of Columbia shall be properly fitted with and shall at all times during the contest wear protective gear required by the event's sanctioning body.
(b) All contestants competing in any amateur boxing, kickboxing, martial arts, mixed martial arts, or other sporting event traditionally utilizing padded gloves shall use thumbless or thumb attached padded gloves approved by the Commission.
(c) Every amateur or professional boxing, wrestling, kickboxing, martial arts, or mixed martial arts match contest, or exhibition conducted in the District of Columbia shall utilize protective floor padding, and in the case of matches, contests, or exhibitions performed in a ring, padded corner posts and padded ropes approved by the Commission.
(d) The Commission is hereby directed and authorized to promulgate any reasonable rule it may deem necessary to effectuate the purposes of this section, including but not limited to the issuance of rules relating to the type and construction of equipment approved for use in an event covered by this section, the inspection of equipment required by this section prior to the holding of a match, contest, or exhibition covered by this section, and the denial, suspension, or revocation of any authority, license, or permit to conduct any event or events covered by this section for reason of noncompliance with the requirements of this section or rules promulgated by the Commission pursuant to the authority of this section.