63C-11-301 - Licensing.
63C-11-301. Licensing.
(1) A license is required for a person to act as or to represent that the person is:
(a) a promoter;
(b) a manager;
(c) a contestant;
(d) a second;
(e) a referee;
(f) a judge; or
(g) another official established by the commission by rule.
(2) The commission shall issue to a person who qualifies under this chapter a license inthe classifications of:
(a) promoter;
(b) manager;
(c) contestant;
(d) second;
(e) referee;
(f) judge; or
(g) another official who meets the requirements established by rule under Subsection(1)(g).
(3) (a) All monies collected pursuant to this section and Sections 63C-11-304,63C-11-307, 63C-11-310, and 63C-11-313 shall be retained as dedicated credits to pay forcommission expenses.
(b) All monies available to the commission under Subsection (3)(a) to pay forcommission expenses are nonlapsing for fiscal year 2009-10 only.
(4) Each applicant for licensure as a promoter shall:
(a) submit an application in a form prescribed by the commission;
(b) pay the fee determined by the commission under Section 63J-1-504;
(c) provide to the commission evidence of financial responsibility, which shall includefinancial statements and other information that the commission may reasonably require todetermine that the applicant or licensee is able to competently perform as and meet theobligations of a promoter in this state;
(d) make assurances that the applicant:
(i) is not engaging in illegal gambling with respect to sporting events or gambling withrespect to the promotions the applicant is promoting;
(ii) has not been found in a criminal or civil proceeding to have engaged in or attemptedto engage in any fraud or misrepresentation in connection with a contest or any other sportingevent; and
(iii) has not been found in a criminal or civil proceeding to have violated or attempted toviolate any law with respect to a contest in any jurisdiction or any law, rule, or order relating tothe regulation of contests in this state or any other jurisdiction;
(e) acknowledge in writing to the commission receipt, understanding, and intent tocomply with this chapter and the rules made under this chapter; and
(f) if requested by the commission or the director, meet with the commission or thedirector to examine the applicant's qualifications for licensure.
(5) Each applicant for licensure as a contestant shall:
(a) be not less than 18 years of age at the time the application is submitted to thecommission;
(b) submit an application in a form prescribed by the commission;
(c) pay the fee established by the commission under Section 63J-1-504;
(d) provide a certificate of physical examination, dated not more than 60 days prior to thedate of application for licensure, in a form provided by the commission, completed by a licensedphysician and surgeon certifying that the applicant is free from any physical or mental conditionthat indicates the applicant should not engage in activity as a contestant;
(e) make assurances that the applicant:
(i) is not engaging in illegal gambling with respect to sporting events or gambling withrespect to a contest in which the applicant will participate;
(ii) has not been found in a criminal or civil proceeding to have engaged in or attemptedto have engaged in any fraud or misrepresentation in connection with a contest or any othersporting event; and
(iii) has not been found in a criminal or civil proceeding to have violated or attempted toviolate any law with respect to contests in any jurisdiction or any law, rule, or order relating tothe regulation of contests in this state or any other jurisdiction;
(f) acknowledge in writing to the commission receipt, understanding, and intent tocomply with this chapter and the rules made under this chapter; and
(g) if requested by the commission or the director, meet with the commission or thedirector to examine the applicant's qualifications for licensure.
(6) Each applicant for licensure as a manager or second shall:
(a) submit an application in a form prescribed by the commission;
(b) pay a fee determined by the commission under Section 63J-1-504;
(c) make assurances that the applicant:
(i) is not engaging in illegal gambling with respect to sporting events or gambling withrespect to a contest in which the applicant is participating;
(ii) has not been found in a criminal or civil proceeding to have engaged in or attemptedto have engaged in any fraud or misrepresentation in connection with a contest or any othersporting event; and
(iii) has not been found in a criminal or civil proceeding to have violated or attempted toviolate any law with respect to a contest in any jurisdiction or any law, rule, or order relating tothe regulation of contests in this state or any other jurisdiction;
(d) acknowledge in writing to the commission receipt, understanding, and intent tocomply with this chapter and the rules made under this chapter; and
(e) if requested by the commission or director, meet with the commission or the directorto examine the applicant's qualifications for licensure.
(7) Each applicant for licensure as a referee or judge shall:
(a) submit an application in a form prescribed by the commission;
(b) pay a fee determined by the commission under Section 63J-1-504;
(c) make assurances that the applicant:
(i) is not engaging in illegal gambling with respect to sporting events or gambling withrespect to a contest in which the applicant is participating;
(ii) has not been found in a criminal or civil proceeding to have engaged in or attemptedto have engaged in any fraud or misrepresentation in connection with a contest or any other
sporting event; and
(iii) has not been found in a criminal or civil proceeding to have violated or attempted toviolate any law with respect to contests in any jurisdiction or any law, rule, or order relating tothe regulation of contests in this state or any other jurisdiction;
(d) acknowledge in writing to the commission receipt, understanding, and intent tocomply with this chapter and the rules made under this chapter;
(e) provide evidence satisfactory to the commission that the applicant is qualified bytraining and experience to competently act as a referee or judge in a contest; and
(f) if requested by the commission or the director, meet with the commission or thedirector to examine the applicant's qualifications for licensure.
(8) The commission may make rules concerning the requirements for a license under thischapter, that deny a license to an applicant for the violation of a crime that, in the commission'sdetermination, would have a material affect on the integrity of a contest held under this chapter.
(9) (a) A licensee serves at the pleasure, and under the direction, of the commissionwhile participating in any way at a contest.
(b) A licensee's license may be suspended, or a fine imposed, if the licensee does notfollow the commission's direction at an event or contest.
Repealed and Re-enacted by Chapter 369, 2009 General Session