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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC SAFETY AND MORALS
Chapter : Chapter 317 Boxing and Wrestling
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As used in sections 317.001 to 317.021, the following words and
terms mean:
(1) "Bout", one match involving either professional boxing, sparring,
professional wrestling, professional kickboxing or professional full-
contact karate;
(2) "Combative fighting", also known as "toughman fighting", "toughwoman
fighting", "badman fighting", "ultimate fighting", "U.F.C." and "extreme
fighting", any boxing or wrestling match, contest or exhibition, between
two or more contestants, with or without protective headgear, who use
their hands, with or without gloves, or their feet, or both, and who
compete for a financial prize or any item of pecuniary value, and which
match, contest, tournament championship or exhibition is not recognized
by and not sanctioned by any officially recognized state, regional or
national boxing or athletic sanctioning authority, or any promoter duly
licensed by the division of professional registration;
(3) "Contest", a bout or a group of bouts involving licensed contestants
competing in professional boxing, sparring, professional wrestling,
professional kickboxing or professional full-contact karate;
(4) "Contestant", a person who competes in any activity covered by
sections 317.001 to 317.021;
(5) "Division", the division of professional registration;
(6) "Director", the director of the division of professional registration;
(7) "Fund", the athletic fund established pursuant to sections 317.001 to
317.021;
(8) "Mandatory count of eight", a required count of eight that is given
by a referee to a contestant who has been knocked down;
(9) "Noncompetitive boxing", boxing or sparring where a decision is not
rendered;
(10) "Office", the division of professional registration, office of
athletics;
(11) "Professional boxing", the sport of attack and defense which uses
the fist and where contestants compete for valuable consideration;
(12) "Professional full-contact karate", any form of full-contact martial
arts including but not limited to full-contact kungfu, full-contact taw
kwon-do, or any form of martial arts or self-defense conducted on a
full-contact basis in a bout or contest where weapons are not used and
where contestants compete for valuable consideration. Such contests take
place in a rope-enclosed ring and are fought in timed rounds;
(13) "Professional kickboxing", any form of boxing in which blows are
delivered with any part of the arm below the shoulder, including the
hand, and any part of the leg below the hip, including the foot, and
where contestants compete for valuable consideration. Such contests take
place in a rope-enclosed ring and are fought in timed rounds;
(14) "Professional wrestling", any performance of wrestling skills and
techniques by two or more professional wrestlers, to which any admission
is charged. Participating wrestlers may not be required to use their best
efforts in order to win, the winner may have been selected before the
performance commences and contestants compete for valuable consideration.
Such contests take place in a rope-enclosed ring and are fought in timed
rounds;
(15) "Sparring", boxing for practice or as an exhibition;
(16) "Standing mandatory eight count", the count of eight that is given
at the discretion of a referee to a contestant who has been dazed by a
blow and is unable to defend himself or herself. The standing mandatory
eight count may be waived in a bout only with special permission of the
office. (L. 1983 H.B. 635 § 1, A.L. 1996 S.B. 524)
1. The division of professional registration shall have general
charge and supervision of all professional boxing, sparring, professional
wrestling, professional kickboxing and professional full-contact karate
contests held in the state of Missouri, and it shall have the power, and
it shall be its duty:
(1) To make and publish rules governing in every particular professional
boxing, sparring, professional wrestling, professional kickboxing and
professional full-contact karate contests;
(2) To accept applications for and issue licenses to contestants in
professional boxing, sparring, professional wrestling, professional
kickboxing and professional full-contact karate contests held in the
state of Missouri, and referees, judges, matchmakers, managers,
promoters, seconds, announcers, timekeepers and physicians involved in
professional boxing, sparring, professional wrestling, professional
kickboxing and professional full-contact karate contests held in the
state of Missouri, as authorized herein. Such licenses shall be issued in
accordance with rules duly adopted by the division;
(3) To charge fees to be determined by the director and established by
rule for every license issued and to assess a tax of five percent of the
gross receipts of any person, organization, corporation, partnership,
limited liability company, or association holding a promoter's license
and permit under sections 317.001 to 317.021, derived from admission
charges connected with or as an incident to the holding of any
professional boxing, sparring, professional wrestling, professional
kickboxing or professional full-contact karate contest in this state.
Such funds shall be paid to the division of professional registration
which shall pay said funds into the state treasury to be set apart into a
fund to be known as the "Athletic Fund" which is hereby established;
(4) To assess a tax of five percent of the gross receipts of any person,
organization, corporation, partnership, limited liability company or
association holding a promoter's license and permit under sections
317.001 to 317.021, derived from the sale, lease or other exploitation in
this state of broadcasting, television, closed-circuit telecast, and
motion picture rights for any professional boxing, sparring, professional
wrestling, professional kickboxing or professional full-contact karate
contest. Such funds shall be paid to the division of professional
registration which shall pay said funds into the state treasury to be set
apart into a fund to be known as the "Athletic Fund";
(5) To assess a tax of twenty-five percent of the gross receipts of any
person, organization, corporation, partnership, limited liability company
or association derived from the sale, lease or other exploitation in this
state of broadcasting, television, closed-circuit telecast, and motion
picture rights for any combative fighting contest. Such funds shall be
paid to the division of professional registration, which shall pay said
funds into the state treasury to be set apart into a fund to be known as
the athletic fund;
(6) Each cable television system operator whose pay-per-view facilities
are utilized to telecast a bout or contest shall, within thirty calendar
days following the date of the telecast, file a report with the office
stating the number of orders sold and the price per order.
2. All fees established pursuant to sections 317.001 to 317.021 shall be
determined by the director by rule in such amount as to produce
sufficient revenue to fund the necessary expenses and operating costs
incurred in the administration of the provisions of sections 317.001 to
317.021. All expenses shall be paid as otherwise provided by law. (L.
1983 H.B. 635 §§ 2, 4, A.L. 1996 S.B. 524)
1. The division of professional registration shall have the
power, and it shall be its duty, to accept application for and issue
permits to hold professional boxing, sparring, professional wrestling,
professional kickboxing or professional full-contact karate contests in
the state of Missouri, and to charge a fee for the issuance of same in an
amount established by rule; such funds to be paid to the division of
professional registration which shall pay such funds into the state
treasury to be set apart into the athletic fund.
2. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the fund for the preceding fiscal year or, if the division requires by
rule renewal less frequently than yearly then three times the
appropriation from the fund for the preceding fiscal year. The amount, if
any, in the fund which shall lapse is that amount in the fund which
exceeds the appropriate multiple of the appropriations from the fund for
the preceding fiscal year.
3. The division of professional registration shall not grant any permit
to hold professional boxing, sparring, professional wrestling,
professional kickboxing or professional full-contact karate contests in
the state of Missouri except:
(1) Where such professional boxing, sparring, professional wrestling,
professional kickboxing or professional full-contact karate contest is to
be held under the auspices of a promoter duly licensed by the division;
(2) Where such contest shall be of not more than fifteen rounds of three
minutes each duration per bout; and
(3) Where a fee has been paid for such permit, in an amount established
by rule.
4. In such contests a decision shall be rendered by three judges licensed
by the division.
5. Specifically exempted from the provisions of this chapter are contests
or exhibitions for amateur boxing, amateur kickboxing, amateur wrestling
and amateur full-contact karate. However, all amateur boxing, amateur
kickboxing, amateur wrestling and amateur full-contact karate must be
sanctioned by a nationally recognized amateur sanctioning body approved
by the office. (L. 1983 H.B. 635 § 3, A.L. 1985 S.B. 99, A.L. 1996 S.B.
524, A.L. 2004 S.B. 1122)
No license or permit will be issued for any contests known as
"ultimate fighting" or any activities similar in nature. For purposes of
this chapter, "ultimate fighting" shall mean a contest or bout whereby
any part of the contestant's body may be used as a weapon or any means of
fighting may be used with the specific purpose to intentionally injure
the other contestants in such a manner that they may not defend
themselves and in which there is no referee. No person, partnership,
organization, corporation, limited liability company or association shall
conduct, compete or otherwise participate in any contest or bout as
defined in this section. (L. 1996 S.B. 524)
1. In order to protect the health and welfare of the
contestants, there shall be a mandatory medical suspension of any
contestant, not to exceed one hundred twenty days, who loses
consciousness or who has been injured as a result of blows received to
the head or body during a boxing bout or semiprofessional elimination
contest. The determination of consciousness is to be made only by a
physician licensed by the board of healing arts and the division. Medical
suspensions issued in accordance with this section shall not be
reviewable by any tribunal.
2. No license shall be issued to any person who has been injured in such
a manner that they may not continue boxing in the future. Such a person
shall be deemed medically retired. No person with a status of medically
retired shall compete in any events governed by this chapter. Medical
retirements issued in accordance with this section shall not be
reviewable by any tribunal. (L. 1996 S.B. 524)
1. Upon proper application by the director, or the director of
the office, a court of competent jurisdiction may grant an injunction,
restraining order or any other order as may be appropriate to enjoin a
person, partnership, organization, corporation, limited liability company
or association from:
(1) Promoting or offering to promote any professional boxing, sparring,
professional wrestling, professional kickboxing and professional
full-contact karate contests in Missouri;
(2) Advertising or offering to advertise any professional boxing,
sparring, professional wrestling, professional kickboxing and
professional full-contact karate contests in Missouri;
(3) Conducting or offering to conduct any professional boxing, sparring,
professional wrestling, professional kickboxing and professional
full-contact karate contests in Missouri; or
(4) Competing or offering to compete in any professional boxing,
sparring, professional wrestling, professional kickboxing and
professional full-contact karate contests in Missouri.
2. Any such actions shall be commenced either in the county in which such
conduct occurred or in the county in which the defendant resides.
3. Any action brought under this section shall be in addition to, and not
in lieu of, any penalty provided by law and may be brought concurrently
with other actions to enforce this chapter. (L. 1996 S.B. 524)
1. Any person wishing to make a complaint against a licensee
under sections 317.001 to 317.014 shall file the written complaint with
the division setting forth supporting details. If the division determines
that the charges warrant a hearing to ascertain whether the licensee
shall be disciplined, it shall file a complaint with the administrative
hearing commission as provided in chapter 621, RSMo. Any person holding
more than one license issued by the division and disciplined under one
license will automatically be disciplined under all licenses.
2. (1) The division may refuse to issue any permit or license pursuant to
this chapter for one or any combination of reasons stated in paragraphs
(a) through (m) of subdivision (2) of this subsection. The division shall
notify the applicant in writing of the reasons for the refusal and shall
advise the applicant of their rights to file a complaint or an appeal
with the administrative hearing commission as provided in chapter 621,
RSMo.
(2) The division may file a complaint with the administrative hearing
commission, as provided in chapter 621, RSMo, against any holder of any
permit or license issued pursuant to this chapter, or against any person
who has failed to renew or has surrendered their permit or license, for
any one or more of the following reasons:
(a) Use of an alcoholic beverage or any controlled substance, as defined
in chapter 195, RSMo, before or during a bout;
(b) The person has been found guilty or has entered a plea of guilty or
nolo contendere in a criminal prosecution under any state or federal law
for any offense reasonably related to the qualifications, functions or
duties of any profession licensed or regulated under this chapter, for
any offense an essential element of which is fraud, dishonesty or an act
of violence, or for any offense involving moral turpitude, whether or not
a sentence is imposed;
(c) Use of fraud, deception, misrepresentation or bribery in securing any
permit or license issued pursuant to this chapter;
(d) Providing false information on applications or medical forms;
(e) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performing of the functions or duties of any
profession licensed or regulated by this chapter;
(f) Violating or enabling any person to violate any provision of this
chapter or any rule adopted pursuant to this chapter;
(g) Impersonating any permit or license holder or allowing any person to
use their permit or license;
(h) Contestants failing to put forth their best effort during a bout;
(i) Disciplinary action against the holder of a license or other right to
practice any profession regulated by this chapter and issued by another
state, territory, federal agency or country upon grounds for which
revocation or suspension is authorized in this state;
(j) A person adjudged mentally incompetent by a court of competent
jurisdiction;
(k) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;
(l) Use of foul or abusive language or mannerisms or threats of physical
harm by any person associated with any bout or contest licensed pursuant
to this chapter; or
(m) Issuance of a permit or license based upon a mistake of fact.
(3) After the complaint is filed, the proceeding shall be conducted in
accordance with the provisions of chapter 621, RSMo. If the
administrative hearing commission finds that a person has violated one or
more of the grounds as provided in paragraphs (a) through (m) of
subdivision (2) of this subsection, the division may censure or place the
person named in the compliant on probation on appropriate terms and
conditions for a period not to exceed five years, may suspend the
person's license for a period not to exceed three years, or may revoke
the person's license. (L. 1996 S.B. 524)
The division of professional registration shall appoint an
administrator, inspectors and such other appointees and clerical
assistants as the director shall deem necessary to administer the
provisions of sections 317.001 to 317.021. The compensation of the
administrator, inspectors, and other necessary employees shall be within
the limits of the amount appropriated by the general assembly. In
addition, the administrator, inspectors, and other employees may be
reimbursed for all actual and necessary expenses incurred in the
administration of the provisions of sections 317.001 to 317.021. (L. 1983
H.B. 635 § 5)
1. Combative fighting is prohibited in the state of Missouri.
2. Anyone who promotes or participates in combative fighting, or anyone
who serves as an agent, principal partner, publicist, vendor, producer,
referee, or contractor of or for combative fighting is guilty of a class
D felony.
3. Any medical personnel who administers to, treats or assists any
participants of combative fighting shall not be subject to the provisions
of this section.
4. Nothing in section 317.001 or this section shall be construed to give
authority to the Missouri state athletic commission to regulate boxing,
sparring, wrestling or contact karate conducted by entities which are not
regulated on July 10, 1996, including but not limited to events conducted
by the:
(1) Military;
(2) Private schools;
(3) Church schools;
(4) Home schools;
(5) Martial arts academies;
(6) Private gyms;
(7) YWCAs and YMCAs;
(8) Elementary and secondary schools;
(9) College and university inter- and intra-mural;
(10) Fraternal organizations;
(11) Camps, conducted by church or not for profit organizations;
(12) Olympic committees; or
(13) Correctional facilities.
5. Nothing in section 317.001 or this section is intended to regulate, or
interfere with or make illegal, traditional, sanctioned boxing, including
professional, amateur, scholastic, championship boxing, amateur wrestling
or scholastic wrestling. (L. 1996 S.B. 524)
Effective 7-10-96
Any person who violates any of the provisions of sections
317.001 to 317.021 shall be deemed guilty of a class A misdemeanor. (L.
1983 H.B. 635 § 6)
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