2016 -- H 7841

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LC004970

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO SPORTS, RACING, AND ATHLETICS -- GAMING AND ATHLETICS

LICENSING

     

     Introduced By: Representative Raymond H. Johnston

     Date Introduced: March 03, 2016

     Referred To: House Corporations

     (Business Regulation)

It is enacted by the General Assembly as follows:

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     SECTION 1. The title of Chapter 41-1 of the General Laws entitled "Division of Racing

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and Athletics" is hereby amended to read as follows:

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CHAPTER 41-1

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Division of Racing and Athletics

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CHAPTER 41-1

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DIVISION OF GAMING AND ATHLETICS LICENSING

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     SECTION 2. Sections 41-1-1 and 41-1-3 of the General Laws in Chapter 41-1 entitled

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"Division of Racing and Athletics" are hereby amended to read as follows:

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     41-1-1. Division of racing and athletics -- Duties Division of gaming and athletics

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licensing-- Duties -- Within the department of business regulation there shall be a division of

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racing gaming and athletics licensing. The division shall supervise the enforcement of all laws

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relating to the regulation and control of racing and athletics, and may in the first instance make

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decisions and issue orders, subject to appeal to the racing and athletics hearing board. The

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division shall exercise all powers and duties prescribed by chapters 3, 3.1, 4, 5, 7, and 11 of this

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title, and all other acts relative to the regulation and supervision of horse racing, dog racing, and

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athletics, heretofore performed by the commission on horse racing and athletics. The division

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shall exercise all powers and duties prescribed by chapters 3, 3.1, 4, 5, 7, and 11 of this title, and

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all other acts relative to the regulation and supervision of horse racing, dog racing, and athletics,

 

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heretofore performed by the commission on horse racing and athletics. The division shall comply

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with RI general laws § 42-14-14 in the conduct of any investigation related to any license

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application, permit and/or registration related to Chapters 3, 3.1, 4, 7 and 11 of this title. The

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division may comply with RI general laws § 42-14-14 in the conduct of any investigation related

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to any license application, permit and/or registration related to chapters 5 and 5.2 of this title.

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Such investigation shall require the applicant to apply to the bureau of criminal identification of

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the Rhode Island state police or the Rhode Island department of the attorney general for a

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nationwide criminal records check with fingerprinting. The applicant shall be responsible for

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payment of the costs of said criminal records check. The Rhode Island state police or the Rhode

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Island department of the attorney general, as applicable, shall send the results of such criminal

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records check to the division. Once said results are sent to and received by the Rhode Island

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Lottery, the Rhode Island state police and the Rhode Island department of attorney general shall

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promptly destroy said fingerprint record(s). On or before February 1, 2011, the agency shall adopt

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rules and regulations establishing criteria to be used in determining whether based upon a

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criminal records check an application will be approved.

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     41-1-3. Construction of references -- Continuity of functions. -- (a) Whenever in any

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general or public law, and more particularly in this title, the words "commission on horse racing

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and athletics", or the word "commission" in reference to the commission shall appear, the words

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shall be deemed to refer to and mean the division of racing and athletics in the department of

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business regulation. The division shall be deemed and held to constitute a continuation of the

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former commission on horse racing and athletics. The governor is authorized to transfer or

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reallocate by executive order the whole or any part of the appropriation of the former commission

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on horse racing and athletics to the department and the division.

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      (b) Whenever in any general law or public law the words "division of racing and

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athletics " shall appear, the words shall be deemed to mean the division of commercial licensing

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and racing gaming and athletics licensing in the department of business regulation.

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     SECTION 3. Sections 41-3.1-3 and 41-3.1-4 of the General Laws in Chapter 41-3.1

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entitled "Dog Racing in Burrillville, Lincoln, and West Greenwich" are hereby amended to read

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as follows:

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     41-3.1-3. Regulation of operations. -- (a) The division of racing gaming and athletics

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licensing is hereby authorized to license dog racing in the towns of Burrillville, Lincoln, and

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West Greenwich. The operation of a dog track shall be under the division's supervision. The

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division is hereby authorized to issue rules and regulations for the supervision of the operations,

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and the regulations are to be issued prior to commencement of licensing hearings.

 

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      (b) Any license granted under the provisions of this chapter shall be subject to the rules

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and regulations promulgated by the division and shall be subject to suspension or revocation for

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any cause which the division shall deem sufficient after giving the licensee a reasonable

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opportunity for a hearing at which he or she shall have the right to be represented by counsel. If

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any license is suspended or revoked, the division shall state the reasons for the suspension or

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revocation and cause an entry of the reasons to be made on the record books of the division.

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      (c) The division of commercial licensing and racing gaming and athletics licensing in the

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department of business regulation shall be prohibited from licensing dog racing and/or the

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operation of a dog track upon which dog racing occurs in the town of Lincoln. Any license having

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been issued and in effect as of the effective date of this section shall be null and void and any

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licensee shall be prohibited form operating thereunder; provided, however, that the following

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entities shall be deemed pari-mutuel licensees as defined in § 42-61.2-1 et seq. and licensees as

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defined in § 41-11-1 et seq.: (1) Any entity having been issued a license to operate a dog track

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prior to December 31, 2008; and (2) Any entity having been issued a license to operate a dog

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track prior to December 31, 2008 that after such date is reorganized under a confirmed plan of

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reorganization pursuant to chapter 11 of title 11 of the United States Bankruptcy Code (11 U.S.C.

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§§ 101 -- 1532); and provided, further, that in the case of a reorganized licensee under clause (2)

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above, its application for a Facility Permit license is approved and issued by the department of

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business regulation in the event of a proposed change in control of the entity. Nothing herein shall

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limit the ability of the department of business regulation, in connection with a proposed change in

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control, to investigate and subject to the regulatory due diligence process, any holder of an

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ownership interest regardless of percentage of ownership held.

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     41-3.1-4. Powers and duties of racing and athletics division Powers and duties of

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gaming and athletics licensing division. -- In addition to the other powers conferred upon the

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division, the division of racing gaming and athletics licensing shall carry out the provisions of this

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chapter, and to that end, the division may:

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      (1) Personally or by agent, supervise and check the making of pari-mutuel pools and

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wages and the distribution therefrom;

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      (2) Fix and set the dates within which any dog track may be operated; provided,

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however, there shall be at least one hundred twenty-five (125) days annually of the operation; and

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      (3) Require any applicant for a permit to operate a dog track to file an application under

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oath setting forth:

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      (i) The full name of the person, firm, corporation, or association, and if a corporation, the

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name of the state under which it is incorporated, as well as the names of the officers and directors

 

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of the corporation, and their places of residence, or if an association, the name and residence of

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the members of the association;

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      (ii) The exact location where it is desired to operate a dog track;

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      (iii) Whether or not the dog track is owned or leased, and if leased, the name, residence,

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and address of the owners or lessees, or if the owner or lessee be a corporation, the name and

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address of the officers and directors thereof;

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      (iv) A statement of the assets and liabilities of the person, firm, corporation, or

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association making application for the permit; and

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      (v) Such other information as the division may require.

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     SECTION 4. Sections 41-4-1, 41-4-9, 41-4-9.1, 41-4-10, 41-4-11 and 41-4-12 of the

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General Laws in Chapter 41-4 entitled "Mutuel Betting and License Fees" are hereby amended to

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read as follows:

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     41-4-1. Meets at which betting authorized -- Types of mutuels. -- (a) The division of

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racing gaming and athletics licensing may permit at racing events, licensed under the provisions

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of chapter 3 of this title betting under pari-mutuel system, so-called, or auction mutuel system, so-

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called, except as otherwise provided in this chapter.

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      (b) Events run under Class A shall be conducted under the pari-mutuel system only.

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      (c) Events run under Classes B, C, and E shall be conducted under the pari-mutuel or

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auction mutuel system as the division may determine.

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     41-4-9. Accounting system -- Supervision of betting. -- The division of racing gaming

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and athletics licensing shall devise a system of accounting and shall supervise betting at a track in

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a manner so that the rights of the state are protected, and shall collect all fees and licenses under

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such rules and regulations as it shall prescribe.

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     41-4-9.1. Licensing of concessioners, vendors, and pari-mutuel totalizator

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companies. -- (a) All persons, firms, partnerships, associations, or corporations desiring to

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operate any concession allied to any dog racing track, shall apply for a license to the division of

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racing gaming and athletics licensing, on such forms and in such a manner as prescribed by

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regulations of the division. The division by regulations shall establish other occupational

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licensing for all employees of the concessions, all pari-mutuel employees, and all persons

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employed in any other capacity by the race track management, and for other persons engaged in

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racing activities at any dog racing track.

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     (b) All persons, firms, associations, or corporations employed by the management of a

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dog racing track in providing pari-mutuel totalizator computer services for pari-mutuel

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computations, shall apply for a license to the division of racing gaming and athletics licensing

 

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upon such forms and in such manner prescribed by regulations of the division. All employees of

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the pari-mutuel totalizator computer companies shall be licensed by the division on forms

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prescribed by regulations of the division.

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     (c) In determining whether to grant a license pursuant to this section the division may

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require the applicant to submit information as to: financial standing and credit; moral character;

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criminal record, if any; previous employment; corporate, partnership or association affiliations;

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ownership of personal assets; and such other information as it deems pertinent to the issuance of

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the license. The division may reject for good cause an application for a license, and it may

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suspend or revoke for good cause any license issued by it after a hearing held in accordance with

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chapter 35 of title 42 and subject to further appeal procedures provided by § 41-2-3.

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     (d) The division shall issue a three (3) year license commencing with license year 2007.

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The division shall implement a graduated system in 2007 where one third of licenses due to

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expire shall be renewed for one year, a second third of licenses due to expire shall be renewed for

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two (2) years, and the final third of licenses due to expire shall be renewed for three (3) years,

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with licensing fees prorated accordingly. As said licenses become due for renewal, licenses shall

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be renewed for a three (3) year period of time. All licenses issued shall be in accordance with

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regulations and the following schedule:

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     (1) For gaming facility employees:

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     (A) Key employees $300.00

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     (B) Operation employees $150.00

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     (C) Service employees $75.00

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     (2) For gaming facility non-employees:

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     (A) Concessionaires and vendors: $750.00

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     (B) Occupational licenses:

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     Owners 450.00

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     Trainers 150.00

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     Assumed names 150.00

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     Kennel people 75.00

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     (C) Concessionaire and vendor's employees 75.00

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     (D) Pari-mutuel totalizator companies 750.00

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     (E) Pari-mutuel totalizator company employees 150.00

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      (e) All individual applicants for licensing under this section shall be fingerprinted, and,

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upon obtaining the license, shall wear upon his or her outer apparel a photo identification badge,

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issued or authorized by the division of racing gaming and athletics licensing under rules and

 

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regulations promulgated by the division.

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     (f) The cost of the licensing pursuant to this section shall be paid by the employer of the

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licensee, and shall include one hundred and fifty percent (150%) of the total salaries and benefits

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for the state employees engaged in the licensing at each facility. The fund shall be deposited as

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restricted receipts for the use of the state and shall be in addition to any taxes and fees otherwise

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payable to the state.

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     41-4-10. Unclaimed winnings. -- The amount of unclaimed money, as determined by the

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division of racing gaming and athletics licensing, now held or which shall hereafter be held by

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any licensee, on account of outstanding and un-cashed winning tickets shall, at the expiration of

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one year after the close of the meeting during which the tickets were issued, be collected

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forthwith from the licensee by the division and shall be paid over to the general treasurer for the

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use of the state and all unclaimed money shall be held in an escrow account by the licensee until

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collected by the division.

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     41-4-11. Entry of premises for inspection of operations. -- The division of racing

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gaming and athletics licensing may authorize members of the division or duly authorized deputies

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to enter upon the premises at any racing event for the purpose of inspecting books and records,

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supervising and examining cashiers, ticket sellers, pool sellers, and other persons handling money

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at the event and such other supervision as may be necessary for the maintenance of order at the

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event.

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     41-4-12. Monthly statement of receipts -- Payments to treasurer. -- The division of

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racing gaming and athletics licensing shall, on or before the tenth day of each month, prepare and

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file with the general treasurer a full and complete statement of its receipts from all sources, and

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shall turn over to the general treasurer all moneys in its possession.

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     SECTION 5. Sections 41-5-1, 41-5-3, 41-5-3.1, 41-5-3.2, 41-5-3.3, 41-5-3.4, 41-5-3.5,

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41-5-3.6, 41-5-3.7, 41-5-5, 41-5-6, 41-5-7, 41-5-7.1, 41-5-9, 41-5-10, 41-5-11, 41-5-11.1, 41-5-

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11.2, 41-5-12, 41-5-13.1, 41-5-15, 41-5-17, 41-5-19, 41-5-20, 41-5-21 and 41-5-24 of the General

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Laws in Chapter 41-5 entitled "Boxing and Wrestling" are hereby amended to read as follows:

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     41-5-1. License required for boxing exhibitions -- Amateur exhibitions exempt. -- (a)

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No boxing or sparring match or exhibition for a prize or a purse, or at which an admission fee is

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charged, either directly or indirectly, in the form of dues or otherwise, shall take place or be

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conducted in this state unless licensed by the division of racing gaming and athletics licensing in

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accordance with this chapter; provided, however, that the provisions of this chapter shall not

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apply to any boxing or sparring match or exhibition in which the contestants are amateurs and

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which is conducted under the supervision and control of:

 

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      (1) Any educational institution recognized by the board of governors for higher

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education and the board of regents for elementary and secondary education of this state, or

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      (2) Any religious or charitable organization or society engaged in the training of youth

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and recognized as such by the division of racing gaming and athletics licensing of this state.

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      (b) For the purposes of this section an "amateur" shall be deemed to mean a person who

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engages in boxing or sparring contests or exhibitions for which no cash prizes are awarded to the

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participants, and for which the prize competed for, if any, shall not exceed in value the sum of

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twenty-five dollars ($25.00).

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     41-5-3. Application for license. -- The division of racing gaming and athletics licensing,

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in the discretion of its chairperson or other officer charged with the enforcement of this chapter,

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may require any person applying for a license to furnish such information and references as it

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may desire. Applications for the license shall be accompanied by a fee of not less than ten dollars

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($10.00) nor more than eight hundred dollars ($800), as the division shall fix. Voluntary or

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unincorporated associations shall not be entitled to receive a license, and applications in their

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behalf shall be made in the name of one or more officers thereof.

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     41-5-3.1. Required information on application. -- (a) In addition to such other

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information and references as the division of racing gaming and athletics licensing may require,

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an application for a license under § 41-5-1 shall be sworn to by the applicant under oath upon the

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pains and penalties of perjury and which shall include:

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      (1) A card or schedule of all persons who will perform as boxers in the boxing or

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sparring match or exhibition for which the license is sought;

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      (2) The full legal name of each person, every professional or stage name used by him or

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her, and his or her date of birth and social security number;

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

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      (4) The complete fight record of each person for the nine (9) months prior to the boxing

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or sparring match or exhibition for which the license is sought, including the full legal name of

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his or her opponent, any professional or stage name used by his or her opponent at the time of the

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match or exhibition, and the date, place, and result of the match or exhibition;

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      (5) An itemization of the gross receipts and the expenses anticipated by the applicant in

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the conduct of the boxing or sparring match or exhibition for which the license is sought;

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      (6) A detailed summary of the contractual agreement between the applicant and each

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person who will perform as a boxer in the boxing or sparring match or exhibition for which the

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license is sought, including, among other things, the pecuniary gain or other consideration to be

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paid to or on behalf of each person by reason of his or her performance in the match or

 

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exhibition; and

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      (7) The name, date of birth, and social security number of the person who will collect,

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hold, and transmit to the general treasurer on behalf of the applicant the sums mentioned in § 41-

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5-15.

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      (b) Notwithstanding the issuance of a license to an applicant under § 41-5-1, the license

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shall not be valid unless the holder thereof shall file with the division a sworn supplementary

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application updating the original application. The supplementary application shall be filed not

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more than thirty-six (36) nor less than twelve (12) hours prior to the starting time for the first

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event in the match or exhibition for which the holder has been licensed. In the event that the

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licensed match or exhibition is scheduled to be held on a day which is not an ordinary business

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day for the division, the supplementary application shall be filed with the division not less than

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six (6) hours prior to the close of the last ordinary business day for the division next before the

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scheduled day of the match or exhibition.

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     41-5-3.2. License issued only to ring equipment owner. -- No license shall be issued by

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the division of racing gaming and athletics licensing under § 41-5-1 to an applicant unless the

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applicant is the sole owner of the ring equipment to be used in the conduct of the boxing or

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sparring match or exhibition for which the license is sought. The division shall require that

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satisfactory proof of ownership accompany each application. Sole ownership includes any lease

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or rental agreement under which the applicant enjoys control and custody of the ring equipment

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substantially equivalent to that of a sole owner.

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     41-5-3.3. Insurance required. -- No license issued by the division of racing gaming and

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athletics licensing under § 41-5-1 shall be valid unless the license holder shall:

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      (1) Within thirty-six (36) hours of the starting time for the first event in the licensed

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boxing or sparring match or exhibition have in force such contracts or policies of public liability

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insurance and such other contracts or policies of insurance in such amounts as the division shall

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reasonably require in connection with the conduct of the match or exhibition, and

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      (2) Within twenty-four (24) hours of the starting time furnish to the division satisfactory

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proof that the insurance is in force.

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     41-5-3.4. Promotion prohibited until license issued. -- (a) No boxing or sparring match

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for which a license is required under § 41-5-1 shall be advertised, announced, or otherwise

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publicly promoted until:

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      (1) The license therefor has been issued by the division of racing gaming and athletics

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licensing; or

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      (2) The division approves the promotion after a substantially complete application for

 

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the license has been filed with the division.

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      (b) A violation of this section shall be adequate ground for the denial or revocation of a

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license.

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     41-5-3.5. Inspections of premises and equipment required. -- (a) No license shall be

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issued under § 41-5-1 unless the division of racing gaming and athletics licensing shall have

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inspected the building where the boxing or sparring match or exhibition is to be conducted and

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determined that the building is suitable for the proposed boxing or sparring match or exhibition.

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In determining suitability the division shall consider the proposed location for the ring, the

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adequacy of the shower and dressing facilities for the performers, and all other matters relevant to

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the public welfare. The division shall re-inspect the premises within forty-eight (48) hours of the

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starting time for the first event in the licensed match or exhibition and for good cause may

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determine that the premises are no longer suitable, in which case the license for the match or

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exhibition shall be revoked absolutely or subject to reinstatement upon such terms and conditions

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as the division deems appropriate.

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      (b) At least four (4) hours prior to the starting time for the first event in a licensed boxing

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or sparring match or exhibition, the division shall examine all equipment to be used by the

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performers during the match or exhibition, including ring equipment, gloves, and protector cups.

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In the event that for good cause the division determines that the conduct of the match or

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exhibition with the equipment is not consistent with the highest regard for the safety and well-

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being of the performers or the public, the license for the match or exhibition shall be revoked

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absolutely or subject to reinstatement upon such terms and conditions as the division deems

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appropriate.

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     41-5-3.6. Substitutions. -- (a) No substitution of boxers may be made within twenty-

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three (23) hours of the starting time for the first event in the boxing or sparring match or

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exhibition. If one or more of the boxers listed on the licensee's application fails to appear for his

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or her examination in the office of the division of racing gaming and athletics licensing as

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prescribed in § 41-5-11, or to enter the ring and perform, and substitution is not permitted under

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this section or any other section of this chapter, the contest or contests in which the boxer or

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boxers were to appear shall be cancelled and notice of the cancellation shall be made to the public

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at the earliest practicable time.

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      (b) Any person who paid an admission fee prior to the making of the notice shall, at his

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or her election, be entitled to an immediate refund of the admission fee unless the principal draw

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in the match or exhibition appeared and performed prior to the making of the notice.

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     41-5-3.7. Closed circuit television. -- No closed circuit television shows of matches or

 

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exhibitions shall be permitted in the state unless the promoter has first obtained a permit from the

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division of racing gaming and athletics licensing. A promoter shall submit the application on a

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form provided by the division and the application shall contain information pertaining to the

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dates, locations, and cities in which the matches shall be shown.

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     41-5-5. Separate license for each match -- Approval of city or town authorities. --

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The division of racing gaming and athletics licensing shall, subject to the provisions of this

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chapter, issue a separate license for each boxing or sparring match and exhibition; provided,

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however, that no license shall be issued by the division without the approval of the town council,

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police commissioner, board of police commissioners, or other licensing board of the city or town

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in which the boxing or sparring match or exhibition is to be held.

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     41-5-6. Surety bond filed by licensee. -- No license as provided in § 41-5-1 shall be

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granted unless the licensee has executed and filed with the division of racing gaming and athletics

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licensing a bond in such penal sum and with such surety or sureties as shall be satisfactory to the

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division, running to the state, conditioned upon the payment to the state of the sums mentioned in

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§ 41-5-15, and upon faithful compliance by the licensee with the provisions of this chapter, the

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rules and regulations of the division, and with such other laws of the state as may be applicable to

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anything done by the licensee in pursuance of the license.

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     41-5-7. License required for participants and officials in professional matches. -- (a)

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No person shall act, except at a purely amateur match or exhibition, directly or indirectly, as

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physician, first aid instructor, referee, judge, timekeeper, professional boxer or as manager,

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trainer or second of a boxer, at a boxing or sparring match or exhibition unless licensed by the

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division of racing gaming and athletics licensing. For the purposes of this chapter a "professional

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boxer" is defined as one who competes for a money prize or teaches or pursues or assists in the

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practice of boxing as a means of obtaining a livelihood or pecuniary gain.

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      (b) In addition to the license requirements set forth in the preceding paragraph the

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division of racing gaming and athletics licensing shall have the authority to select referees for

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boxing, sparring, or exhibition matches.

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     41-5-7.1. Required information on boxer's application for license -- Medical

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examination. -- (a) After a license is granted under § 41-5-1 for a boxing or sparring match or

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exhibition, no person shall perform as a boxer in the match or exhibition unless he or she shall

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have been licensed by the division of racing gaming and athletics licensing at least twenty-four

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(24) hours prior to the starting time for the first event in the match or exhibition. In addition to

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such other information and references as the division may require, an application to be licensed as

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a boxer shall be sworn to by the applicant under oath upon the pains and penalties of perjury and

 

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shall include:

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      (1) A detailed summary of the contractual agreement between the applicant and the

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licensee for the boxing or sparring match or exhibition for which the applicant seeks to be

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licensed as a boxer, including, among other things, the pecuniary gain or other consideration to be

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paid to or on behalf of the applicant by reason of his or her performance in the match or

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exhibition;

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      (2) A detailed description of every illness, injury, or other incapacity suffered by the

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licensee within six (6) months of the boxing or sparring match or exhibition for which the

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applicant seeks to be licensed as a boxer, including the dates of each illness, injury, or other

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incapacity, the name and address of all persons who treated or examined the applicant, the nature

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of the treatment prescribed (including the generic name for any medications or medicines

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prescribed), and whether the applicant has recovered;

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      (3) The complete fight record of the applicant for the twelve (12) months prior to the

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boxing or sparring match or exhibition for which the applicant seeks to be licensed as a boxer,

15

including the full legal name of his or her opponent, any professional or stage name used by his

16

or her opponent at the time of the match or exhibition, and the date, place, and results of the

17

match or exhibition;

18

      (4) The date and circumstances of any disqualification, sanction, or denial of permission

19

to box imposed against the applicant by any state authority governing boxing within nine (9)

20

months of the boxing or sparring match for which the applicant seeks to be licensed as a boxer;

21

      (5) The full legal name of the applicant, every professional or stage name used by him or

22

her, and his or her date of birth and social security number; and

23

      (6) A current passport type photograph of the applicant.

24

      (b) Notwithstanding the issuance of a license to an applicant, the license shall not be

25

valid unless the holder thereof shall file with the division a sworn supplementary application

26

updating his or her original application. The supplementary application shall be filed not more

27

than forty-eight (48) nor less than twenty-four (24) hours prior to the starting time for the first

28

event in the match or exhibition for which the holder has been licensed; provided, however, that

29

no supplementary application shall be required when an original application has been filed within

30

such time; provided further, however, that in no event shall an original or supplementary

31

application be filed with the division less than six (6) hours of the closing of business on the last

32

ordinary business day of the division next occurring before the day on which the match or

33

exhibition is scheduled to be conducted.

34

      (c) Every application for a license under § 41-5-7 by a person seeking to be licensed as a

 

LC004970 - Page 11 of 21

1

boxer shall be accompanied by the report of a physician duly licensed by the division. The report

2

shall certify whether the applicant is fit to perform as a boxer and shall be based on a recently

3

conducted complete examination of the applicant. The report shall contain a complete medical

4

history of the applicant and the results of such tests conducted by or on behalf of the examining

5

physician as the medical history of the applicant warrants or as are material to the physician's

6

certification.

7

     41-5-9. Attendance of judges -- Decision. -- The division of racing gaming and athletics

8

licensing may, in its discretion, require the attendance at any boxing or sparring match or

9

exhibition of three (3) judges licensed by the division whose duty it shall be to render a decision

10

at the termination of the boxing or sparring match or exhibition. The decision shall be reached by

11

the judges using the "ten point must system" as the standard of judgment for all decisions.

12

     41-5-10. Fees of officials. -- The fees of the referee and other licensed officials, as

13

established by this chapter, shall be fixed by the division of racing gaming and athletics licensing,

14

and shall be paid by the licensed organization prior to the exhibition.

15

     41-5-11. Physician and first aid instructor or licensed practical nurse in attendance -

16

- Examination of participants before match. -- (a) At any boxing or sparring match or

17

exhibition there shall be in attendance, at ringside, a duly licensed physician, whose duty it shall

18

be to observe the physical condition of the boxers and to advise the referee or judges with regard

19

thereto, and a duly licensed first aid instructor, or licensed practical nurse, whose duty it shall be

20

to assist the physician and to render such aid to boxers as circumstances may require. Any

21

competent physician who has had not less than three (3) years' experience as a medical

22

practitioner may be licensed. Any person holding a valid certification as a first aid instructor

23

issued by any state chapter of the American Red Cross association and who is competent as such

24

may be licensed.

25

      (b) The fee for the physician in attendance and the first aid instructor in attendance, shall

26

be fixed by the division of racing gaming and athletics licensing, and shall be paid by the licensee

27

conducting the match or exhibition. The fees shall be tendered to the division at the time the

28

license for the match or exhibition is issued under § 41-5-1, to be held by the division in escrow

29

until the services are rendered.

30

      (c) No boxer shall be permitted to box unless, not more than three (3) hours before, a

31

physician, licensed under this chapter, shall certify, in writing, that the boxer is physically fit to

32

engage in the proposed contest. The certification shall be based in part on an examination of the

33

boxer by a duly licensed physician in the office of the division on the morning of the match or

34

exhibition or at least six (6) hours before the boxer is scheduled to enter the ring, whichever is

 

LC004970 - Page 12 of 21

1

earlier. The physician's fee, as fixed by the division, shall be paid by the licensee conducting the

2

match or exhibition prior to the issuance of the certification by the physician. In the event that a

3

boxer cannot be certified as physically fit to engage in the proposed contest, then such fact shall

4

be made known to the public prior to the acceptance of an admission fee or the tender of an

5

admission ticket for the match or exhibition. Any person who pays an admission fee prior to the

6

disclosure that the boxer is not certified as physically fit shall, at his or her election, be entitled to

7

an immediate refund of the admission fee. The examinations required by this section shall include

8

an examination of the boxer's vision and eye condition.

9

     41-5-11.1. Drug and H.I.V. testing. -- All contestants in a professional boxing or

10

professional kickboxing match shall submit to drug and H.I.V. testing under such rules and

11

regulations and for such drugs as the division of racing gaming and athletics licensing shall

12

prescribe. The costs of the drug testing shall be paid by the contestant and/or promoter for the

13

boxing or kickboxing match.

14

     41-5-11.2. Health insurance. -- All contestants in a boxing or sparring match shall carry

15

such health insurance as the division of racing gaming and athletics licensing shall prescribe, and

16

shall furnish satisfactory proof of insurance to the division prior to participating in any boxing or

17

sparring match.

18

     41-5-12. Duration of matches -- Gloves -- Maximum participation by contestant. --

19

Boxing or sparring matches or exhibitions shall not exceed twelve (12) rounds in length, and no

20

round shall exceed three (3) minutes. The contestants shall wear during the contest gloves

21

weighing ten (10) ounces for contestants one hundred fifty-four (154) pounds or greater and eight

22

(8) ounce gloves for contestants less than one hundred fifty-four (154) pounds. The gloves shall

23

be of the webbed thumb variety. No contestant shall participate in more than twelve (12) such

24

rounds during any period of twenty-four (24) hours. A rest period of at least sixty (60) seconds

25

shall separate each round. In the event that a boxer's mouthpiece or other protective gear is

26

damaged, there may be an interruption of the round when there is a lull in the action as

27

determined by the referee. Protective headgear shall not be required, provided, however, that

28

upon written application filed by both participating boxers not less than twenty-four (24) hours

29

prior to a match or exhibition, the division of racing gaming and athletics licensing may review

30

the match or exhibition to be performed and may waive such provisions of this section as the

31

division deems appropriate for the particular event to be performed. The application shall be

32

subscribed to before a notary public or two (2) witnesses who shall affix their respective

33

signatures and addresses thereto under the pain and penalty of perjury.

34

     41-5-13.1. Physical knockouts. -- (a) Any boxer suffering a physical knockout during a

 

LC004970 - Page 13 of 21

1

boxing or sparring match or exhibition licensed under § 41-5-1 shall, at the request of his or her

2

manager or the division of racing gaming and athletics licensing, undergo a magnetic resonant

3

imaging (MRI) or computerized tomography (CT) test scan within twenty-four (24) hours of the

4

request. Failure to comply with the request within the prescribed time shall cause the boxer's

5

license under § 41-5-7 to be revoked by operation of law and shall render the boxer permanently

6

ineligible for future licensing under § 41-5-7.

7

      (b) The license under § 41-5-7 of any boxer suffering five (5) physical knockouts in any

8

twelve (12) month period shall be revoked by operation of law and the boxer shall be

9

permanently ineligible for future licensing under § 41-5-7.

10

      (c) Every boxer suffering a physical knockout, at the discretion of the division of racing

11

gaming and athletics licensing, shall be ineligible to perform in a boxing or sparring match or

12

exhibition licensed under § 41-5-1 until sixty (60) days have elapsed following the date of the

13

knockout. The license under § 41-5-7 of every boxer shall be revoked by operation of law

14

whenever he or she suffers a physical knockout.

15

      (d) Every boxer suffering a physical knockout during a boxing or sparring match or

16

exhibition licensed under § 41-5-1 shall submit to an examination by the physician in attendance

17

immediately following his or her removal from the ring and shall within two (2) hours of the

18

knockout submit to a complete examination at a local hospital named by the physician in

19

attendance.

20

     41-5-15. Tax on admissions -- Accounting and payment -- State inspector. -- (a)

21

Every licensee holding or conducting any professional boxing or sparring match or exhibition

22

shall, after its conclusion, pay to the general treasurer for the use of the state a sum equal to five

23

percent (5%) of the total gross receipts from the sale of tickets and from admission fees;

24

provided, however, that every licensee holding or conducting any amateur boxing or sparring

25

match or exhibition shall, at its conclusion, pay to the general treasurer a sum equal to five

26

percent (5%) of the gross receipts up to one thousand dollars ($1,000) and five percent (5%) of

27

the balance of the gross receipts; provided, further, however, that if the match or exhibition is

28

conducted as an incidental feature in an event or entertainment of a different character, the

29

portion of the total receipts shall be paid to the state as the division of racing gaming and athletics

30

licensing may determine or as may be fixed by rule adopted under § 41-5-22. Within seventy-two

31

(72) hours after the conclusion of the match or exhibition, the licensee shall furnish to the

32

division a report, sworn under oath upon the pains and penalties of perjury, showing the exact

33

number of tickets sold and admission fees collected for the contest, and the gross receipts thereof,

34

and such other data as the division may require. All fees for licenses and other income of the

 

LC004970 - Page 14 of 21

1

division shall be turned over to the general treasurer for the use of the state. No licensee shall

2

distribute more than fifty (50) complimentary tickets in any one event.

3

      (b) For each match or exhibition the division, through its inspector and upon the

4

conclusion of the collection of admission fees for the match or exhibition, may examine the box

5

office admission figures, the admission statements maintained by or on behalf of the licensee, and

6

such other data as the division may direct. Forthwith upon the conclusion of the match or

7

exhibition the licensee shall tender to the state inspector the sums mentioned in this section.

8

Written acceptance of the tender shall be signed by the inspector and counter-signed by the

9

licensee or an agent of the licensee.

10

     41-5-17. Suspension or revocation of license. -- Any license granted under this chapter

11

may be revoked or suspended by the division of racing gaming and athletics licensing for a

12

violation of any of the provisions of this chapter or of any other law of the state or of any rule or

13

regulation adopted by the division or whenever the licensee has, in the judgment of the division,

14

been guilty of any act or offense detrimental to the public interest.

15

     41-5-19. Witnesses and evidence before division. -- The division of racing gaming and

16

athletics licensing shall have power to administer oaths, summon and examine witnesses, and

17

order the production and examination of books, accounts, papers, and records of any club or

18

organization conducting a boxing or sparring match or exhibition.

19

     41-5-20. Injunction and abatement of unauthorized matches. -- The superior court

20

shall have jurisdiction in equity upon any information filed by the division of racing gaming and

21

athletics licensing, the attorney general of the state, the police authorities of the city or town in

22

which the boxing or sparring match or exhibition is held or is announced to be held, or of any five

23

(5) legal voters of the state, stating that a certain building, tenement, or place is used for boxing or

24

sparring matches or exhibitions by an individual, group, partnership, club, corporation, or

25

association which is not licensed under this chapter, or contrary to the terms of this chapter, or

26

that a boxing or sparring match or exhibition is being advertised or announced, or has been

27

advertised or announced to take place in a certain building or place, or that a certain individual,

28

club, corporation, or association is selling, exchanging, or giving away tickets, tokens, or symbols

29

purporting to entitle the holder to the right or privilege of attending a certain boxing or sparring

30

match or exhibition which is not licensed by the division and is contrary to this chapter, to enjoin

31

and abate the unauthorized match as a common nuisance.

32

     41-5-21. Application of chapter to wrestling matches. -- (a) The division of racing

33

gaming and athletics licensing shall have and exercise the same authority, supervision, and

34

control over wrestling and exhibitions as is conferred upon the division by this chapter over

 

LC004970 - Page 15 of 21

1

boxing and sparring matches and exhibitions, and the provisions of this chapter, except those of §

2

41-5-12, shall apply in all respects to wrestling matches and exhibitions to the same extent and

3

with the same force and effect as they apply to boxing and sparring matches.

4

      (b) Whenever in this chapter, except in § 41-5-12, the words "boxing or sparring match

5

or exhibition" or the plural form thereof are used, they shall be construed to include the words

6

"wrestling match or exhibition" or the plural form thereof, and the word "boxer" shall be

7

construed to include "wrestler," unless the context otherwise requires, and any person holding,

8

conducting, or participating in a wrestling match or exhibition shall be subject to the same duties,

9

liabilities, licensing requirements, penalties, and fees as are imposed by this chapter upon any

10

person holding, conducting, or participating in a boxing or sparring match or exhibition.

11

      (c) For the purpose of this chapter a "professional wrestler" is defined as one who

12

competes for a money prize or teaches or pursues or assists in the practice of wrestling as a means

13

of obtaining a livelihood or pecuniary gain.

14

      (d) The division of racing gaming and athletics licensing may waive the provisions of

15

this chapter within its discretion in the case of wrestling as a form of pre-determined

16

entertainment.

17

     41-5-24. Appropriations and disbursements. -- The general assembly shall annually

18

appropriate such sum as it may deem necessary to carry out the provisions of this chapter, and to

19

compensate members and employees; the state controller is hereby authorized and directed to

20

draw his or her orders upon the general treasurer for the sum so appropriated, or so much thereof

21

as may be necessary upon receipt by him or her of proper vouchers approved by the division of

22

racing gaming and athletics licensing.

23

     SECTION 6. Sections 41-5.2-2, 41-5.2-3, 41-5.2-4, 41-5.2-5, 41-5.2-6, 41-5.2-23, 41-

24

5.2-24, 41-5.2-27, 41-5.2-28 and 41-5.2-29 of the General Laws in Chapter 41-5.2 entitled

25

"Mixed Martial Arts" are hereby amended to read as follows:

26

     41-5.2-2. License required for mixed martial arts exhibitions. -- (a) No mixed martial

27

arts match or exhibition for a prize or a purse, or at which an admission fee is charged, either

28

directly or indirectly, in the form of dues or otherwise, shall take place or be conducted in this

29

state unless licensed by the division of racing gaming and athletics licensing in accordance with

30

this chapter.

31

     41-5.2-3. Application for license. -- (a) The division of racing gaming and athletics

32

licensing, at the discretion of its chairperson or other officer charged with the enforcement of this

33

chapter, may require any person applying for a license to furnish such information and references

34

as it may desire. Applications for the license shall be accompanied by a fee of not less than ten

 

LC004970 - Page 16 of 21

1

dollars ($10.00) nor more than eight hundred dollars ($800), as the division shall fix. Voluntary

2

or unincorporated associations shall not be entitled to receive a license, and applications in their

3

behalf shall be made in the name of one or more officers thereof.

4

      (b) The division of racing gaming and athletics licensing is further authorized to request

5

additional information and references as the division may require.

6

     41-5.2-4. Insurance required. -- No license issued by the division of racing gaming and

7

athletics licensing under § 41-5.2-2 shall be valid unless the license holder shall:

8

      (1) Within thirty-six (36) hours of the starting time for the first event in the licensed

9

boxing or sparring match or exhibition have in force such contracts or policies of public liability

10

insurance and such other contracts or policies of insurance in such amounts as the division shall

11

reasonably require in connection with the conduct of the match or exhibition; and

12

      (2) Within twenty-four (24) hours of the starting time furnish to the division satisfactory

13

proof that the insurance is in force.

14

     41-5.2-5. Drug and H.I.V. testing. -- All contestants in a professional mixed martial arts

15

match shall submit to drug and H.I.V. testing under such rules and regulations and for such drugs

16

as the division of racing gaming and athletics licensing shall prescribe. The costs of the drug

17

testing shall be paid by the contestant and/or promoter for the mixed martial arts match.

18

     41-5.2-6. Health insurance. -- All contestants in a mixed martial arts match shall carry

19

such health insurance as the division of racing gaming and athletics licensing shall prescribe, and

20

shall furnish satisfactory proof of insurance to the division prior to participating in any mixed

21

martial arts match.

22

     41-5.2-23. Bond procedure. -- All mixed martial arts events shall be subject to the bond

23

requirements determined by the division of racing gaming and athletics licensing.

24

     41-5.2-24. Inspectors. -- All mixed martial arts events shall be subject to the presence,

25

duties and compensation of inspectors as required by the division of racing gaming and athletics

26

licensing.

27

     41-5.2-27. Tax on admissions. -- (a) Every licensee holding or conducting any

28

professional mixed martial arts event or exhibition shall, after its conclusion, pay to the general

29

treasurer for the use of the state a sum equal to five percent (5%) of the total gross receipts from

30

the sale of tickets and from admission fees; provided, however, that every licensee holding or

31

conducting a professional mixed martial arts event or exhibition shall, at its conclusion, pay to the

32

general treasurer a sum equal to five percent (5%) of the gross receipts up to one thousand dollars

33

($1,000) and five percent (5%) of the balance of the gross receipts; provided, further, however,

34

that if the match or exhibition is conducted as an incidental feature in an event or entertainment of

 

LC004970 - Page 17 of 21

1

a different character, the portion of the total receipts shall be paid to the state as the division of

2

racing gaming and athletics licensing may determine or as may be fixed by rule adopted under §

3

41-5.2-25. Within seventy-two (72) hours after the conclusion of the match or exhibition, the

4

licensee shall furnish to the division a report, sworn under oath upon the pains and penalties of

5

perjury, showing the exact number of tickets sold and admission fees collected for the contest,

6

and the gross receipts thereof, and such other data as the division may require. All fees for

7

licenses and other income of the division shall be turned over to the general treasurer for the use

8

of the state. No licensee shall distribute more than fifty (50) complimentary tickets in any one

9

event.

10

      (b) For each match or exhibition the division, through its inspector and upon the

11

conclusion of the collection of admission fees for the match or exhibition, may examine the box

12

office admission figures, the admission statements maintained by or on behalf of the licensee, and

13

such other data as the division may direct. Upon the conclusion of the match or exhibition the

14

licensee shall tender to the state inspector the sums mentioned in this section. Written acceptance

15

of the tender shall be signed by the inspector and counter-signed by the licensee or an agent of the

16

licensee.

17

     41-5.2-28. Suspension or revocation of license. -- Any license granted under this

18

chapter may be revoked or suspended by the division of racing gaming and athletics licensing for

19

a violation of any of the provisions of this chapter or of any other law of the state or of any rule or

20

regulation adopted by the division or whenever the licensee has, in the judgment of the division,

21

been guilty of any act or offense detrimental to the public interest.

22

     41-5.2-29. Physical knockouts. -- (a) Any contestant suffering a physical knockout

23

during a mixed martial arts match shall, at the request of his or her manager or the division of

24

racing gaming and athletics licensing, undergo a magnetic resonant imaging (MRI) or

25

computerized tomography (CT) test scan within twenty-four (24) hours of the request. Failure to

26

comply with the request within the prescribed time shall cause the contestant's license to be

27

revoked by operation of law and shall render the contestant permanently ineligible for future

28

licensing under this chapter.

29

      (b) The license of any contestant suffering five (5) physical knockouts in any twelve (12)

30

month period shall be revoked by operation of law and the contestant shall be permanently

31

ineligible for future licensing as a contestant under this chapter.

32

      (c) Every contestant suffering a physical knockout, at the discretion of the division of

33

racing gaming and athletics licensing, shall be ineligible to perform in a mixed martial arts match

34

licensed under this chapter until sixty (60) days have elapsed following the date of the knockout.

 

LC004970 - Page 18 of 21

1

The license of every contestant shall be revoked by operation of law whenever he or she suffers a

2

physical knockout.

3

      (d) Every contestant suffering a physical knockout during a mixed martial arts match

4

shall submit to an examination by the physician in attendance immediately following his or her

5

removal from the ring and shall within two (2) hours of the knockout submit to a complete

6

examination at a local hospital named by the physician in attendance.

7

     SECTION 7. Section 41-10-1 of the General Laws in Chapter 41-10 entitled "Off Track

8

Betting" is hereby amended to read as follows:

9

     41-10-1. License required for off track betting. -- No person, association, or

10

corporation shall hold or conduct off track betting on any racing event for any stake, purse, or

11

reward, except such person, association, or corporation as shall be licensed by the division of

12

racing gaming and athletics licensing as provided by this chapter and as approved by the voters as

13

required by this chapter.

14

     SECTION 8. Section 41-11-2 of the General Laws in Chapter 41-11 entitled "Simulcast

15

Programs from Licensed Betting Facilities" is hereby amended to read as follows:

16

     41-11-2. Simulcast. -- (a) Notwithstanding the provisions of § 41-4-2 as to location of

17

programs only, a licensee may enter into a contract with any licensed racing association to

18

simulcast programs from the facility on certain racing days.

19

      (b) A licensee may simulcast programs a maximum of two hundred seventy (270) days

20

in a state fiscal calendar year.

21

      (c) A licensee shall obtain a permit from the division of racing gaming and athletics

22

licensing.

23

      (d) A licensee may accept pari-mutuel wagering on the simulcast at the licensed facility

24

and not at any other location.

25

      (e) (1) When the program is a dog race, the licensee shall compensate the owners of dog

26

kennels who are under contract with the licensee at the time of the program. The compensation

27

shall be equal to that percentage of the pari-mutuel handle paid to the owners pursuant to the

28

contract then existing between the licensee and the owners.

29

      (2) A licensee licensed pursuant to chapter 7 of title 41 who receives simulcasts of dog

30

races intrastate shall compensate the owners of dog kennels who are under contract with a

31

licensee licensed pursuant to chapter 3.1 of title 41 at the time of the simulcast an amount equal to

32

the percentage of the pari-mutuel handle being paid to the dog kennel owners pursuant to their

33

contracts with the licensee licensed pursuant to chapter 3.1 of title 41.

34

     SECTION 9. Section 41-5-23 of the General Laws in Chapter 41-5 entitled "Boxing and

 

LC004970 - Page 19 of 21

1

Wrestling" is hereby repealed.

2

     41-5-23. Annual report to general assembly. -- The division of racing and athletics

3

shall make an annual report to the general assembly on or before the first Wednesday in February,

4

together with any recommendations for legislation, which it may deem desirable.

5

     SECTION 10. This act shall take effect upon passage.

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LC004970 - Page 20 of 21

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO SPORTS, RACING, AND ATHLETICS -- GAMING AND ATHLETICS

LICENSING

***

1

     This act would amend the provisions of the general laws referring to the division of

2

"racing and athletics" to change the term to the division of "gaming and athletics licensing" to

3

more properly refer to the actual statutory jurisdiction of the division, and would eliminate the

4

requirement that the division make an annual report to the general assembly.

5

     This act would take effect upon passage.

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LC004970 - Page 21 of 21