201 KAR 27:008. License requirements and fees.

 

      RELATES TO: KRS 229.021, 229.051, 229.071, 229.081, 229.091, 229.171, Chapter 311, 15 U.S.C. 6305, EO 2016-270

      STATUTORY AUTHORITY: KRS 229.021, 229.071, 229.081, 229.091, 229.171, 229.180, 15 U.S.C. 6305

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 229.171(1) authorizes the authority to exercise sole jurisdiction over all boxing, kickboxing, mixed martial arts, and wrestling shows, exhibitions, and licensees in the commonwealth. Executive Order 2016-270, effective May 16, 2016, abolished the Kentucky Boxing and Wrestling Authority and established the Kentucky Boxing and Wrestling Commission. KRS 229.021, 229.071, and 229.081 require that a person shall not engage in certain activities regulated by the authority without a license. KRS 229.071(4), 229.081, and 229.091 authorize the authority the power to establish license fees. KRS 229.091(1) requires that every licensee shall be subject to administrative regulations promulgated by the authority. 15 U.S.C. 6305 requires the commission to issue an identification card to each professional boxer who is a resident of the commonwealth. This administrative regulation establishes license requirements and fees for persons who conduct activities regulated by the commission.

 

      Section 1. General Provisions. (1) A person shall not participate in a boxing, kickboxing, professional mixed martial arts, amateur mixed martial arts, wrestling, or an elimination event show or exhibition unless the person is licensed by the commission.

      (2) Each license shall be separate. A person shall not use a license in one (1) capacity or sport to serve in a different capacity or sport, except:

      (a) A manager may act as a second; and

      (b) A contestant may act as a second.

      (3)(a) A promoter license shall be valid for one (1) year from the date of issuance.

      (b) All other licenses shall be valid from January 1 through December 31.

      (4) Information provided on or with a license application shall be complete and correct. Any false statement of a material matter shall be grounds for:

      (a) Denial of a license; or

      (b) If the license has been issued, suspension, probation, or revocation of the license.

      (5) The commission may require an applicant to appear before the commission to answer questions or provide documents in conjunction with an application for a license if:

      (a) The person has not been licensed by the commission within the previous five (5) years;

      (b) The person has a history of violations in any jurisdiction;

      (c) The applicant has not fully completed the required application; or

      (d) The applicant’s written submissions have not met the applicant’s burden of proof to prove his or her qualifications for a license.

      (6) A licensee shall be governed by KRS Chapter 229 and 201 KAR Chapter 27 and shall be subject to any event-related orders given by the commission or an inspector.

 

      Section 2. Licenses, Applications, and Fees. (1) The applicant shall complete the appropriate application as established in the table in subsection (2) of this section. The application shall be signed by the applicant under penalty of perjury.

      (2) The following applications and non-refundable annual fees shall be required before any person may be licensed:

      (a) Boxing and kickboxing licenses:

Boxing and Kickboxing License Type

License Application Required

License Fee

Boxer

Contestant Application

$25

Kickboxer

Contestant Application

$25

Manager

Non-Contestant Application

$25

Trainer

Non-Contestant Application

$25

Second

Non-Contestant Application

$25

Referee

Non-Contestant Application

$25

Judge

Non-Contestant Application

$25

Timekeeper

Non-Contestant Application

$25

      (b) Mixed martial arts licenses:

Mixed Martial Arts License Type

License Application Required

License Fee

Professional mixed martial artist

Contestant Application

$25

Amateur mixed martial artist

Contestant Application

$25

Manager

Non-Contestant Application

$25

Trainer

Non-Contestant Application

$25

Second

Non-Contestant Application

$25

Referee

Non-Contestant Application

$25

Judge

Non-Contestant Application

$25

Timekeeper

Non-Contestant Application

$25

      (c) Wrestling licenses:

Wrestling License Type

License Application Required

License Fee

Wrestler

Contestant Application

$25

Referee

Non-Contestant Application

$25

Wrestling event staff

Non-Contestant Application

$25

      (d) Elimination event license:

Elimination Event License Type

License Application Required

License Fee

Elimination Event Contestant

Contestant Application

$10

      (e) Promoter license:

Promoter License Type

License Application Required

License Fee

Promoter

Promoter Application

$300

      (f) Medical Provider licenses:

Medical Provider License Type

License Application Required

License Fee

Physician

Medical Provider Application

$25

Healthcare Professional

Medical Provider Application

$25

 

      Section 3. Health Physical and Application Timing Requirements. (1) The following applicants for licensure shall submit the form Physical Report to demonstrate the results of a physical that was completed by a physician not more than ninety (90) days before the licensing application is submitted:

      (a) Boxer;

      (b) Kickboxer;

      (c) Professional mixed martial artist;

      (d) Amateur mixed martial artist;

      (e) Boxing and kickboxing referee; and

      (f) Mixed martial arts referee.

      (2) An applicant for licensure as a wrestler or wrestling referee shall submit the form Physical Report to demonstrate the results of a physical that was completed by a physician not more than (90) days before the licensing application is submitted if the applicant:

      (a) Has not held a wrestler license in the past two (2) years;

      (b) Is forty-five (45) years of age or older; or

      (c) Has had an in-patient surgical procedure or overnight hospital stay in the past one (1) year.

      (3) An applicant who is subject to subsection (1) or subsection (2) of this section shall submit his or her license application to the commission no less than fifteen (15) calendar days prior to the applicant’s first event.

 

      Section 4. Determination of Ability to Obtain a License as a Contestant. (1) An applicant for a license as a boxer, kickboxer, or professional mixed martial artist shall demonstrate that the applicant has the ability to:

      (a) Be competitive in the sport; and

      (b) Compete without the risk of serious physical injury.

      (2) An applicant for a license as a wrestler or an amateur mixed martial artist shall demonstrate that the applicant has the ability to compete without the risk of serious physical injury.

      (3)(a) Individual consideration from the medical advisory panel shall be required if an applicant for licensure as a boxer, kickboxer, professional mixed martial artist, or amateur mixed martial artist:

      1. Is thirty-five (35) or more years old;

      2. Has accrued six (6) consecutive losses;

      3. Has lost more than twenty-five (25) fights in his or her career;

      4. Has fought in 350 or more career rounds;

      5. Has lost more than five (5) bouts by knockout in his or her career; or

      6. Has been inactive for more than thirty (30) months.

      (b) The medical advisory panel may order further medical testing if the medical evidence before it is inconclusive or incomplete.

      (c) The medical advisory panel shall report its recommendation to the commission within forty-five (45) days of being referred an application.

 

      Section 5. Medical Provider License. (1) An applicant for a physician license shall be a physician licensed pursuant to KRS Chapter 311.

      (2) A person licensed or seeking licensure as a physician or healthcare professional shall maintain an active license in his or her field of practice and certification to administer cardiopulmonary resuscitation.

 

      Section 6. Promoter License. An applicant for licensure as a promoter shall obtain a $5,000 Surety bond. To obtain a surety the applicant shall complete and have notarized the Promoter Bond Form.

 

      Section 7. Change from Amateur Status to Professional Status. (1) The commission shall consider the applicant’s previous fighting experience in deciding whether or not to permit a person licensed as an amateur to become a professional. This consideration shall include the:

      (a) Number of sanctioned bouts the applicant has competed in;

      (b) Number of sanctioned rounds the applicant has competed in;

      (c) Date of the applicant’s bouts;

      (d) Applicant’s performance in previous bouts, including the applicant’s win-loss record; and

      (e) Level of competition the applicant has competed against.

      (2) A person shall not be licensed as a professional unless the person has fought in a minimum of three (3) bouts.

      (3) A licensee who seeks to change his or her status from amateur to professional shall submit his or her license application to the commission no less than fifteen (15) calendar days prior to the applicant’s first professional event.

 

      Section 8. Boxer’s Federal Identification Card. (1) To obtain a boxer’s federal identification card, an applicant shall complete and submit to the commission a Boxer’s Federal Identification Card Application.

      (2) The fee for a boxer’s federal identification card shall be ten (10) dollars, which shall be submitted with the Boxer’s Federal Identification Card Application.

      (3) The boxer’s federal identification card shall be valid for four (4) years from the date issued.

 

      Section 9. Change of address. A licensee shall provide his or her new address to the commission within thirty (30) days of a change in address.

 

      Section 10. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Contestant Application", October 2016;

      (b) "Non-Contestant Application", October 2016;

      (c) "Promoter Application", October 2016;

      (d) "Medical Provider Application", October 2016;

      (e) "Physical Report", October 2016;

      (f) "Promoter Bond Form", October 2016; and

      (g) "Boxer’s Federal Identification Card Application", October 2016.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Boxing and Wrestling Commission office at 656 Chamberlin Avenue, Suite B, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., and is available online at http://kbwa.ky.gov/Pages/Appsforms.aspx. (19 Ky.R. 1935; Am. 2238; eff. 3-12-1993; 32 Ky.R. 1749; 2249; eff. 7-7-2006; 43 Ky.R. 276, 710, 953; eff. 1-6-2017.)