| 47 | | - | [ amusements and sports - Oklahoma State Athletic |
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| 48 | | - | Commission – disbursement of funds to promoter – |
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| 49 | | - | assistant - reimbursement percentage – fee - |
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| 50 | | - | effective date ] |
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| 65 | + | An Act relating to amusements and sports; amending 3A |
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| 66 | + | O.S. 2021, Sections 602, 604.3, 605, and 617, which |
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| 67 | + | relate to the Oklahoma St ate Athletic Commission; |
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| 68 | + | defining term; removing requirement that certain |
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| 69 | + | funds be disbursed to promoter; providing |
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| 70 | + | specifications related to the position of the |
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| 71 | + | assistant; modifying reimbursement percentage; |
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| 72 | + | providing description of certain fee ; and providing |
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| 73 | + | an effective date. |
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| 74 | + | |
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| 51 | 75 | | |
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| 52 | 76 | | |
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| 53 | 77 | | |
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| 54 | 78 | | |
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| 55 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 56 | 80 | | SECTION 1. AMENDATORY 3A O.S. 2021, Section 6 02, is |
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| 57 | 81 | | amended to read as follows: |
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| 58 | 82 | | Section 602. A. As used in the Oklahoma State Athletic |
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| 59 | 83 | | Commission Act: |
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| 60 | 84 | | 1. "Administrative support" means physical resources including |
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| 61 | 85 | | but not limited to office space, equipment typically found in an |
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| 62 | 86 | | office, and furnishings, and duties including but not limited to the |
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| 63 | 87 | | processing of Commission-directed expenditures in regard to payroll, |
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| 92 | 140 | | Commission's funds from appropriation or the Oklahoma State Athletic |
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| 93 | 141 | | Commission Revolving Fund as directed by the Commission ; |
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| 94 | 142 | | 2. "Administrator" means the administrator of the Oklahoma |
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| 95 | 143 | | State Athletic Commission; |
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| 96 | 144 | | 2. 3. "Amateur combative sports event " means a combative sports |
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| 97 | 145 | | event in which the parti cipants have never bee n licensed as |
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| 98 | 146 | | professionals in any combative sport; |
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| 99 | 147 | | 3. 4. "Amateur combative sports practition er" means a person |
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| 100 | 148 | | who has never received or competed for any purse or other article |
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| 101 | 149 | | either for the expenses of training therefor or for parti cipating in |
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| 102 | 150 | | any combative sports contest or exhibition which exceeds in monies |
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| 103 | 151 | | or other things of value a sum to b e determined by the Oklahoma |
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| 104 | 152 | | State Athletic Commission; |
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| 105 | 153 | | 4. 5. "Amateur mixed martial artist " means a person eighteen |
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| 106 | 154 | | (18) years of age or older who has never received or competed fo r |
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| 107 | 155 | | any purse or other article either for the expenses of training |
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| 108 | 156 | | therefor or for participating in any combative sport contest or |
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| 109 | 157 | | professional exhibition which exceeds i n monies or other things of |
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| 110 | 158 | | value a sum to be deter mined by the Oklahoma State Athletic |
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| 111 | 159 | | Commission; |
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| 112 | 160 | | 5. 6. "Amateur mixed martial arts " means any form of |
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| 113 | 161 | | competitive pugilistic contest in which the participants have never |
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| 114 | 162 | | been licensed as professionals in any combative sport and blows are |
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| 143 | 215 | | combative disciplines are used including grappling. Such cont ests |
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| 144 | 216 | | take place in a rope-enclosed ring or fenced enclosed cage and are |
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| 145 | 217 | | fought in timed rounds ; |
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| 146 | 218 | | 6. 7. "Applicant" means any individual, club, associat ion, |
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| 147 | 219 | | corporation, partnership o r trust which submits to the Oklahoma |
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| 148 | 220 | | State Athletic Commission an applica tion for a license or permit |
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| 149 | 221 | | pursuant to the Oklahoma State Athletic Commission Act; |
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| 150 | 222 | | 7. 8. "Booking agent" means independent contractors who act as |
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| 151 | 223 | | bookers, agents, agencies and rep resentatives who secure engagements |
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| 152 | 224 | | and contracts for combative sports par ticipants; |
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| 153 | 225 | | 8. 9. "Boxing" means any form of competitive pugilism or |
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| 154 | 226 | | unarmed combat in which a blow is usually struck which may |
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| 155 | 227 | | reasonably be expected to inf lict injury, including, b ut not limited |
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| 156 | 228 | | to, boxing, wrestling, mixed martial arts, and kickboxing, but shall |
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| 157 | 229 | | not include the martial arts as defined by the provisions of this |
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| 158 | 230 | | section; |
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| 159 | 231 | | 9. 10. "Broadcast" means any audio or visual transmission sent |
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| 160 | 232 | | by any means of signal within thi s state, whether live or taped or |
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| 161 | 233 | | time delayed, and includes any replays t hereof. "Broadcast" shall |
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| 162 | 234 | | not include any audio or visual transmission sent by any means of |
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| 163 | 235 | | signal of any professional boxing event conducted outside this |
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| 164 | 236 | | state; |
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| 194 | 290 | | pay-per-view, including any person who does so as a direct b roadcast |
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| 195 | 291 | | satellite provider or other multichannel video service pro vider; |
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| 196 | 292 | | 11. 12. "Closed-circuit telecast of professional combative |
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| 197 | 293 | | sporting events" means telecast rights, including television, cable |
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| 198 | 294 | | television, or pay-per-view telecasts, acquired by pay ing a |
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| 199 | 295 | | licensing fee or by paying a contractual price by a business or |
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| 200 | 296 | | individual, including, but not limited to, arenas, entertainment or |
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| 201 | 297 | | meeting centers, restaur ants, bars, taverns, hotels, motels, clubs, |
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| 202 | 298 | | and organizations, which offers the viewing of the event to the |
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| 203 | 299 | | public or to private residences. Such events shall i nclude local |
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| 204 | 300 | | and state professional combative sports contests and professional |
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| 205 | 301 | | exhibitions as defined in this section. "Closed-circuit telecast" |
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| 206 | 302 | | means any such telecast of a professional c ombative sporting event |
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| 207 | 303 | | as described herein which is not intended t o be available for |
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| 208 | 304 | | viewing without the payment of a fee, collected for or based upon |
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| 209 | 305 | | each event viewed, for the privilege of viewing the telecast, and |
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| 210 | 306 | | includes pay-per-view; |
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| 211 | 307 | | 12. 13. "Club" means an incorporated or unincorporated |
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| 212 | 308 | | association or body of ind ividuals voluntarily united and acting |
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| 213 | 309 | | together for some common or special purpose; |
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| 214 | 310 | | 13. 14. "Combative sports" means any form of competitive |
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| 215 | 311 | | pugilism or unarmed combat in which a blow is u sually struck which |
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| 245 | 365 | | but shall not include the martial arts (singular) as defined by the |
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| 246 | 366 | | provisions of this section; |
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| 247 | 367 | | 14. 15. "Combative sports practitioner" means a person who |
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| 248 | 368 | | competes or spars in a combative sports event and includes boxers, |
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| 249 | 369 | | kickboxers, mixed martial artists and wrestle rs; |
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| 250 | 370 | | 15. 16. "Commission" means the Oklahoma State Athletic |
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| 251 | 371 | | Commission; |
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| 252 | 372 | | 16. 17. "Contest" means a combative sports event in which it is |
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| 253 | 373 | | reasonable to anticipate that the participant s strive earnestly in |
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| 254 | 374 | | good faith to win; |
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| 255 | 375 | | 17. 18. "Corner person" means, but shall not be limited to, a |
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| 256 | 376 | | trainer, a second, or any other individual who attends the |
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| 257 | 377 | | participant during a match; |
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| 258 | 378 | | 18. 19. "Event" means a combative sports co ntest or exhibition |
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| 259 | 379 | | including but not limited to a match, bout, contest, show or |
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| 260 | 380 | | tournament; |
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| 261 | 381 | | 19. 20. "Exhibition" means a combative sports event in which |
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| 262 | 382 | | the participants show or display t heir skill by sparring without |
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| 263 | 383 | | necessarily striving to win; |
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| 264 | 384 | | 20. 21. "Judge" means an individual other than a r eferee who |
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| 265 | 385 | | shall have a vote in determining the win ner of any contest; |
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| 295 | 439 | | the hand and any part of the f oot. Such contests or exhi bitions |
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| 296 | 440 | | take place in a rope -enclosed ring and are fought in timed rounds; |
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| 297 | 441 | | 22. 23. "License" means a certificate issued by the Commission |
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| 298 | 442 | | to participants of sanctioned professional combative sports |
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| 299 | 443 | | contests, professional exhibit ions, and amateur mixed martial arts |
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| 300 | 444 | | contests and is a mandatory requireme nt for participation in such |
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| 301 | 445 | | events; |
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| 302 | 446 | | 23. 24. "Manager" means an individual who controls or |
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| 303 | 447 | | administers the affairs of any professional combative sports |
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| 304 | 448 | | participant, including acting as a booking agent. "Manager" shall |
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| 305 | 449 | | include the representative of a mana ger as defined by the |
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| 306 | 450 | | Commission; |
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| 307 | 451 | | 24. 25. "Martial arts" means any form of karate, kung fu, t ae |
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| 308 | 452 | | kwon-do, or any other form of martial or self -defense art; |
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| 309 | 453 | | 25. 26. "Matchmaker" means an individual who brings together |
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| 310 | 454 | | professional combative sports particip ants or arranges professional |
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| 311 | 455 | | combative sports contests or professional exhibitions; |
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| 312 | 456 | | 26. 27. "Participant" means an individual who takes part in a |
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| 313 | 457 | | combative sports event; |
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| 314 | 458 | | 27. 28. "Pay-per-view telecasts of professional combative |
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| 315 | 459 | | sports events" means telecasts offered by cable television companies |
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| 316 | 460 | | to subscribers at a cost in addition to the monthl y cable television |
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| 345 | 513 | | professional combative sports contests and professional ex hibitions |
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| 346 | 514 | | as defined in this section; |
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| 347 | 515 | | 28. 29. "Person" means any individual, partnership, limited |
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| 348 | 516 | | liability company, club, association, corporation, trust or other |
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| 349 | 517 | | entity; |
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| 350 | 518 | | 29. 30. "Physician" means an individual licensed under the laws |
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| 351 | 519 | | of this state to engage in the general practice of medicine or |
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| 352 | 520 | | osteopathic medicine; |
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| 353 | 521 | | 30. 31. "Professional combative sports practition er" means an |
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| 354 | 522 | | individual eighteen (18) years of age or older who com petes for |
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| 355 | 523 | | money, prizes, or purses, or who teaches, instructs, or assists in |
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| 356 | 524 | | the practice of combative sports or sparring as a means of obtaining |
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| 357 | 525 | | pecuniary gain; |
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| 358 | 526 | | 31. 32. "Professional combative sports event" means a combative |
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| 359 | 527 | | sports event in which the par ticipants are paid a purse; |
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| 360 | 528 | | 32. 33. "Professional mixed martial arts " means any form of |
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| 361 | 529 | | competitive pugilistic contest in which the participants are paid a |
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| 362 | 530 | | purse and blows are delivered wi th any part of the hands, feet, |
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| 363 | 531 | | elbows, or knees and multiple comba tive disciplines are used to |
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| 364 | 532 | | include grappling. Such contests take place in a rope -enclosed ring |
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| 365 | 533 | | or fenced enclosed cage and are fought in timed rounds; |
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| 396 | 588 | | 34. 35. "Promoter" means any individual, whether a resident or |
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| 397 | 589 | | nonresident of Oklahoma, or club or corporation, w hether |
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| 398 | 590 | | domesticated or not domesticated in Oklahoma, that produces or |
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| 399 | 591 | | stages professional contests, amateur mixed martial arts contests, |
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| 400 | 592 | | or professional exhibitio ns conducted within this state and shall |
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| 401 | 593 | | include any officer, director, or employees as define d by the |
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| 402 | 594 | | Commission; |
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| 403 | 595 | | 35. 36. "Pugilism" means combative sports or the skill or |
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| 404 | 596 | | practice of fighting with the fists; |
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| 405 | 597 | | 36. 37. "Purse" means the financial guarante e or any other |
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| 406 | 598 | | remuneration or thing of value for which a combative sports |
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| 407 | 599 | | practitioner participates in a professional combative sports event |
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| 408 | 600 | | and shall include the participant's share of any payment received |
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| 409 | 601 | | for radio broadcasting, television, including ca ble television, pay- |
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| 410 | 602 | | per-view television, and closed-circuit television, and motion |
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| 411 | 603 | | picture rights. "Purse" shall also include gate receipts and any |
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| 412 | 604 | | other prizes; |
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| 413 | 605 | | 37. 38. "Ring official" means any individual who performs an |
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| 414 | 606 | | official function during the pr ogress of a combative sports event or |
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| 415 | 607 | | amateur mixed martial arts event including but not limit ed to |
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| 416 | 608 | | timekeepers, judges, referees, and attending physicians; |
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| 446 | 662 | | of professional combative sports events and amateur mixed martial |
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| 447 | 663 | | arts events; |
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| 448 | 664 | | 39. 40. "Sparring" means to engage in a form of combat ive sport |
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| 449 | 665 | | with jabbing or feinting movements, and the exchange of few heavy |
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| 450 | 666 | | blows, such as occurs in a practice or exhibition boxing match; |
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| 451 | 667 | | 40. 41. "Telecast promoter" means any promoter w ho shows or |
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| 452 | 668 | | causes to be shown in this state a closed -circuit telecast of any |
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| 453 | 669 | | professional combative sports event conducted in this state. |
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| 454 | 670 | | "Telecast promoter" shall not include a cable system operator; |
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| 455 | 671 | | 41. 42. "Trainer" means an individual who assists, c oaches, or |
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| 456 | 672 | | instructs any professional combative sports practitioner or amateur |
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| 457 | 673 | | mixed martial artist with respect to physical conditioning, |
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| 458 | 674 | | strategy, techniques, o r preparation for competition, professional |
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| 459 | 675 | | combative sports contests, or professional exhibit ions; and |
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| 460 | 676 | | 42. 43. "Vendor" means any individual, firm, organizatio n, |
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| 461 | 677 | | club, or corporation that participates in the conduct of a |
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| 462 | 678 | | professional combative sports eve nt or amateur mixed martial arts |
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| 463 | 679 | | event conducted in this state by offering for sale food or |
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| 464 | 680 | | merchandise, including, but not limited to, wearing apparel, |
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| 465 | 681 | | alcoholic and nonalcoholic be verages, souvenirs, and programs. |
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| 466 | 682 | | B. The Commission may define any term w hich is not defined in |
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| 467 | 683 | | the Oklahoma State Athletic Commission Act. |
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| 497 | 737 | | Section 604.3 A. The Oklahoma State Athletic Commission, its |
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| 498 | 738 | | administrator or any other employee authorized by the Commission may |
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| 499 | 739 | | order the promoter to withhold any part of a purse or other mone y |
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| 500 | 740 | | belonging or payable to any combative sports practitioner or seco nd |
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| 501 | 741 | | if, in the judgment of the Commission, administrator or employee: |
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| 502 | 742 | | 1. The practitioner is not competing honestly or to the best of |
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| 503 | 743 | | the practitioner's skill and ability, or the practition er otherwise |
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| 504 | 744 | | violates any rules or regul ations adopted by the Commi ssion or any |
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| 505 | 745 | | provisions of the Oklahoma Athletic Commission Act; and |
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| 506 | 746 | | 2. The second violates any rules or regulations adopted by the |
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| 507 | 747 | | Commission or any provisions of the Oklahoma Athletic Co mmission |
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| 508 | 748 | | Act. |
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| 509 | 749 | | B. Money ordered withheld pursuant to this section s hall be |
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| 510 | 750 | | deposited in the Oklahoma State Athletic Commission Revolving Fund |
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| 511 | 751 | | Security Account. The Commission shall hold a hearing at its next |
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| 512 | 752 | | regularly scheduled meeting to dispose of the m atter. If it is |
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| 513 | 753 | | determined that the pra ctitioner or second is enti tled to his or her |
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| 514 | 754 | | share of the purse or other money, the funds shall be m oved to the |
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| 515 | 755 | | Oklahoma State Athletic Commission Revolving Fund and disbursed to |
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| 516 | 756 | | the practitioner or second. If it i s determined that the |
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| 517 | 757 | | practitioner or second is not entitled to his or her share of the |
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| 547 | 811 | | SECTION 3. AMENDATORY 3A O.S. 2021, Section 605, is |
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| 548 | 812 | | amended to read as fol lows: |
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| 549 | 813 | | Section 605. A. The Oklahoma State Athl etic Commission may |
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| 550 | 814 | | employ an administrator to oversee the organization and activities |
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| 551 | 815 | | of the Commission and to ensure compliance with rules p romulgated by |
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| 552 | 816 | | the Commission. The administrat or shall perform such other duties |
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| 553 | 817 | | as the Commission may prescribe. The salary of the administ rator |
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| 554 | 818 | | shall be set by the Commission. The position of administrator shall |
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| 555 | 819 | | be an unclassified position. |
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| 556 | 820 | | B. The Commission may employ an assistant to keep record s of |
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| 557 | 821 | | all proceedings relating to professional combative sports , amateur |
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| 558 | 822 | | kickboxing, and amateur mixed martial arts and to preserve all |
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| 559 | 823 | | books, documents, and papers belonging to the Commission. The |
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| 560 | 824 | | assistant shall perform such othe r duties as the Commissio n may |
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| 561 | 825 | | prescribe. The salary of the assistant shall be set by the |
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| 562 | 826 | | Commission. The position of the assistant shall be an unclassified |
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| 563 | 827 | | position. The Commission may employ such other personnel as |
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| 564 | 828 | | necessary, subject to statutory full-time-equivalent (FTE) limits |
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| 565 | 829 | | applicable to the State Department of Health. |
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| 566 | 830 | | C. The State Department of Health shall pro vide administrative |
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| 567 | 831 | | support for the Commission, including, but not limited to, office |
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| 568 | 832 | | space, equipment, and furnish ings, payroll and employee benefit |
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| 598 | 886 | | Commission. The State Department of Health shall be entitled to |
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| 599 | 887 | | reimbursement for the a ctual cost of providing said administrative |
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| 600 | 888 | | support to the Commissi on from the Oklahoma State Athletic |
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| 601 | 889 | | Commission Revolving Fund; provided that said reimbursement shall |
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| 602 | 890 | | not exceed in any year ten five percent (10%) (5%) of the total |
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| 603 | 891 | | revenue deposited in the fund in the preceding fiscal year received |
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| 604 | 892 | | from fees, administrat ive fines, reimbursements, bond proceeds and |
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| 605 | 893 | | sale of materials, but not including cash bonds held in trust by the |
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| 606 | 894 | | Commission. Upon a written directive of expenditure from Commission |
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| 607 | 895 | | funds signed by a majority of the Commission members or the |
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| 608 | 896 | | Commission administrator, the State Department of Health shall |
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| 609 | 897 | | process and make payment for said expenditure from Commission funds |
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| 610 | 898 | | within fifteen (15) business days of receipt of the written |
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| 611 | 899 | | directive from the Oklahoma State Department of Health Athletic |
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| 612 | 900 | | Commission. All other Commission-directed Commission-incurred |
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| 613 | 901 | | expenditures shall be processed according to State Department of |
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| 614 | 902 | | Health policy. |
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| 615 | 903 | | D. Employees of the Commission shall be considered unclassified |
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| 616 | 904 | | employees of the State Department of Heal th only for the purpo se of |
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| 617 | 905 | | administrative support provided by the State Department of Hea lth as |
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| 618 | 906 | | prescribed in subsection C of this section. Persons employed by the |
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| 619 | 907 | | Commission shall serve at the direction and pleasure of the |
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| 649 | 961 | | E. The administrator, the assi stant, and any other employees of |
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| 650 | 962 | | the Commission or any persons related to said employees within the |
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| 651 | 963 | | third degree by either consanguinity or affinity shall be prohibit ed |
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| 652 | 964 | | from promoting, sponsoring, or having any pecuniary interest in any |
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| 653 | 965 | | professional combative sports event, amateur kickboxing event, or |
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| 654 | 966 | | amateur mixed martial arts event regulated by the C ommission with |
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| 655 | 967 | | the exception of medical p ersonnel. |
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| 656 | 968 | | SECTION 4. AMENDATORY 3A O.S. 2021, S ection 617, is |
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| 657 | 969 | | amended to read as follows : |
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| 658 | 970 | | Section 617. A. Except as otherwise provided in the Oklahoma |
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| 659 | 971 | | State Athletic Commission Act, in addition to the payment of any |
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| 660 | 972 | | other fees and monies due pursuant to t he Oklahoma State Athletic |
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| 661 | 973 | | Commission Act and the rules promulgated by the Oklahoma State |
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| 662 | 974 | | Athletic Commission, an assessment equal to five percent (5%) of the |
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| 663 | 975 | | total gross receipts of any profession al combative sports event, |
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| 664 | 976 | | amateur mixed martial arts event or amateur kickboxing event |
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| 665 | 977 | | conducted in this state, exclusive of any federal tax or tax impos ed |
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| 666 | 978 | | by any political subdivision of this state, shall be hereby levied |
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| 667 | 979 | | and shall be remitted by every p romoter and vendor to the Oklahoma |
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| 668 | 980 | | State Athletic Commissio n. |
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| 669 | 981 | | B. The assessment established in subsection A of this section |
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| 670 | 982 | | shall not exceed Thirty -five Thousand Dollars ($35,000.00). |
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| 700 | 1036 | | kickboxing events shall pay the greater of the five -percent |
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| 701 | 1037 | | assessment levied pursuant to subs ection A of this section or Four |
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| 702 | 1038 | | Hundred Fifty Dollars ($450.00) to the Commission. |
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| 703 | 1039 | | D. Promoters of professional wrestling events shall pay the |
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| 704 | 1040 | | greater of the five-percent assessment levied pursuant to subsection |
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| 705 | 1041 | | A of this section or Eighty Dollars ($80.0 0) to the Commission. |
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| 706 | 1042 | | E. For the purpose of this section, total gross receipts of |
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| 707 | 1043 | | every promoter shall include: |
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| 708 | 1044 | | 1. The face value of all tickets sold; and |
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| 709 | 1045 | | 2. Proceeds from a vendor, or the promoter's gross price |
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| 710 | 1046 | | charged for the sale of food, alcoholic a nd nonalcoholic beverages, |
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| 711 | 1047 | | or merchandise, including, but not limited to, wearing apparel, |
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| 712 | 1048 | | souvenirs and programs. |
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| 713 | 1049 | | F. For professional combative sports events , amateur mixed |
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| 714 | 1050 | | martial arts events or, and amateur kickboxing events at which |
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| 715 | 1051 | | admission tickets are not sold by the promoter, the promoter shall |
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| 716 | 1052 | | remit an assessment equal to five percent (5%) of the revenues |
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| 717 | 1053 | | received by the promot er for the event, historically known as a site |
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| 718 | 1054 | | fee. |
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| 719 | 1055 | | G. For the purpose of this section, total gross receipts of |
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| 720 | 1056 | | every vendor shall include the gross price charged for the sale of |
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| 721 | 1057 | | food, alcoholic and nonalcoholic beverages, and merchandise |
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| 751 | 1111 | | H. Payment of the a ssessment on gross receipts, unless |
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| 752 | 1112 | | otherwise specified, shall be due within five (5) business days |
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| 753 | 1113 | | after the holding of the professio nal combative sports event , |
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| 754 | 1114 | | amateur mixed martial arts event or amateur kickboxing event and |
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| 755 | 1115 | | shall be accompanied by a re port in such form as shall be prescribed |
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| 756 | 1116 | | by the Oklahoma State Athletic Commission. |
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| 757 | 1117 | | I. A promoter shall not issue complimentary ticket s for more |
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| 758 | 1118 | | than ten percent (10%) of the seats for any event. The promoter |
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| 759 | 1119 | | shall be responsible to pay the five -percent assessment levied |
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| 760 | 1120 | | pursuant to subsection A of this section on total receipts as |
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| 761 | 1121 | | prescribed in this sec tion for any complimentary ticket s in excess |
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| 762 | 1122 | | of ten percent (10%). All complimentary tickets must clearly |
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| 763 | 1123 | | indicate on the ticket that it is a complimenta ry ticket and state |
|---|
| 764 | 1124 | | the value of the complimentary ticket. The face value of a |
|---|
| 765 | 1125 | | complimentary ticket s hall be equal to like tickets sol d in that |
|---|
| 766 | 1126 | | particular section of the venue. The complimentary tickets that are |
|---|
| 767 | 1127 | | exempt from the five -percent assessment le vied pursuant to |
|---|
| 768 | 1128 | | subsection A of this section shall be those tickets with the lowest |
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| 769 | 1129 | | face value. |
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| 770 | 1130 | | J. Complimentary tickets shall not be given to a sponsor, |
|---|
| 771 | 1131 | | elected official, person or any entity that gives the promoter of |
|---|
| 801 | 1185 | | K. The first payment of the assessment on gross income recei ved |
|---|
| 802 | 1186 | | from the sale of motion picture rights shall be due at the end of |
|---|
| 803 | 1187 | | the month after the date of the sale of the motion picture rights, |
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| 804 | 1188 | | and further payments shall be due every thirty (30) days thereafter, |
|---|
| 805 | 1189 | | during the presentation of the picture, and shall be accompanied by |
|---|
| 806 | 1190 | | a gross receipts report in such form as shall be prescribed by the |
|---|
| 807 | 1191 | | Oklahoma State Athletic Commission. |
|---|
| 808 | 1192 | | L. Except as otherwise provided in the Oklahoma State Athletic |
|---|
| 809 | 1193 | | Commission Act, in addition to the pay ment of any other fees and |
|---|
| 810 | 1194 | | monies due pursuant to the Oklaho ma State Athletic Commission Act |
|---|
| 811 | 1195 | | and the rules promulgated by the Oklahoma State Athletic Comm ission, |
|---|
| 812 | 1196 | | an assessment in an amount of five percent (5%) of the total gross |
|---|
| 813 | 1197 | | receipts of every telecast promoter shall be levied. Total gross |
|---|
| 814 | 1198 | | receipts shall includ e the gross price charged for the sale, lease, |
|---|
| 815 | 1199 | | or other use of broadcasting, including, but no t limited to, radio, |
|---|
| 816 | 1200 | | television, including cable television, pay-per-view television, and |
|---|
| 817 | 1201 | | closed-circuit television, or motion picture rights of combative |
|---|
| 818 | 1202 | | sports or amateur mixed martial arts contests, events, or |
|---|
| 819 | 1203 | | exhibitions conducted within this state, wi thout any deductions for |
|---|
| 820 | 1204 | | commissions, brokerage fees, distribution fees, advertising, or |
|---|
| 821 | 1205 | | other expenses or charges. |
|---|
| 852 | 1260 | | within eight (8) days after the telecast, inclusive of maili ng time, |
|---|
| 853 | 1261 | | file with the Commission a written report detailing the name, |
|---|
| 854 | 1262 | | address, telephone number, contact person 's name, and the details of |
|---|
| 855 | 1263 | | the payment arrangement for the right to receive the telecast for |
|---|
| 856 | 1264 | | each facility to which the broadcast was transmitt ed. |
|---|
| 857 | 1265 | | 2. The report shall be accom panied by the assessment pa yment |
|---|
| 858 | 1266 | | required under subsection L of this section, excluding any federal, |
|---|
| 859 | 1267 | | state or local taxes . |
|---|
| 860 | 1268 | | 3. The Commission may require the owner or operator of the |
|---|
| 861 | 1269 | | facility where the telecast is being sho wn to file a report |
|---|
| 862 | 1270 | | containing information regarding the amo unt paid to the telecast |
|---|
| 863 | 1271 | | promoter for the right to broadcast the telecast, the quality of the |
|---|
| 864 | 1272 | | audio and video signal, and any other information the Commission |
|---|
| 865 | 1273 | | deems appropriate. |
|---|
| 866 | 1274 | | N. 1. In the case of a cable system operator 's pay-per-view |
|---|
| 867 | 1275 | | facilities at or through which a closed-circuit telecast was shown |
|---|
| 868 | 1276 | | within the state, the telecast promoter sha ll, within thirty (30) |
|---|
| 869 | 1277 | | days following receipt of the notice of the assessment from the |
|---|
| 870 | 1278 | | Commission, cause to be filed with the Commissio n the assessment |
|---|
| 871 | 1279 | | required pursuant to subsection L of this section, excluding any |
|---|
| 872 | 1280 | | federal, state, or local taxes. |
|---|
| 903 | 1335 | | the Commission on behalf of the telecast promoter. The cable system |
|---|
| 904 | 1336 | | operator shall not be liable for the remittance of the assessment |
|---|
| 905 | 1337 | | fee required pursuant to subsection L of this section from any |
|---|
| 906 | 1338 | | proceeds due to the cable system o perator from its pay-per-view |
|---|
| 907 | 1339 | | events. |
|---|
| 908 | 1340 | | 3. The Commission shall require the cable system operat or to |
|---|
| 909 | 1341 | | file reports containing information regarding the number of orders |
|---|
| 910 | 1342 | | sold and the price charged fo r orders and any other informatio n the |
|---|
| 911 | 1343 | | Commission deems appr opriate. |
|---|
| 912 | 1344 | | 4. Cable system operators shall not be liable to the Commission |
|---|
| 913 | 1345 | | for the assessment p ayment required under subsection L of this |
|---|
| 914 | 1346 | | section. Nothing in this section shall be deemed to preven t a cable |
|---|
| 915 | 1347 | | system operator from bi lling its customer for the assessment |
|---|
| 916 | 1348 | | payment. |
|---|
| 917 | 1349 | | 5. The Commission shall, upon request, provide the telecast |
|---|
| 918 | 1350 | | promoter with a report detailing the number of orders and the |
|---|
| 919 | 1351 | | assessment payment due. |
|---|
| 920 | 1352 | | O. Any promoter who willfull y makes a false and fraudulent |
|---|
| 921 | 1353 | | report under this section is guilty of perjury and, upon conviction, |
|---|
| 922 | 1354 | | is subject to punishment as provided by law. This pen alty shall be |
|---|
| 923 | 1355 | | in addition to any other penalties imposed in this section. |
|---|
| 953 | 1409 | | 2. The professional combative sports event , amateur mixed |
|---|
| 954 | 1410 | | martial arts event or amateu r kickboxing event sanctioning permit |
|---|
| 955 | 1411 | | number; |
|---|
| 956 | 1412 | | 3. The promoter's business address and any license or p ermit |
|---|
| 957 | 1413 | | number required of such pro moter by law; |
|---|
| 958 | 1414 | | 4. Gross receipts as specified by this section, during the |
|---|
| 959 | 1415 | | period specified by this section; and |
|---|
| 960 | 1416 | | 5. Such further information as the Oklahoma State Athletic |
|---|
| 961 | 1417 | | Commission may require to enable it to compute corr ectly and collect |
|---|
| 962 | 1418 | | the assessment levied pursuant to this sec tion. |
|---|
| 963 | 1419 | | Q. In addition to the information required on reports, the |
|---|
| 964 | 1420 | | Oklahoma State Athletic Comm ission may request, and the promoter |
|---|
| 965 | 1421 | | shall furnish, any information deemed necessary for a correct |
|---|
| 966 | 1422 | | computation of the assessment levied pursuant to this section. |
|---|
| 967 | 1423 | | R. All levies pursuant to this section shall be collected by |
|---|
| 968 | 1424 | | the Commission and shall be plac ed to the credit of the Oklahoma |
|---|
| 969 | 1425 | | State Athletic Commission Revolving Fund. |
|---|
| 970 | 1426 | | S. The monies collected fr om the assessment levied pursuant to |
|---|
| 971 | 1427 | | the provisions of this section shall be in addition to all other |
|---|
| 972 | 1428 | | revenues and funds received by the Oklahoma State At hletic |
|---|
| 973 | 1429 | | Commission. |
|---|
| 1004 | 1484 | | Athletic Commission as specified in subs ections H through L of this |
|---|
| 1005 | 1485 | | section, whichever is appropriate, the assessment shall be |
|---|
| 1006 | 1486 | | delinquent from such date. |
|---|
| 1007 | 1487 | | U. It shall be the d uty of every promoter requi red to make a |
|---|
| 1008 | 1488 | | gross receipts report and pay any assessment pursuant to the |
|---|
| 1009 | 1489 | | provisions of this section to keep and preserve suitable records and |
|---|
| 1010 | 1490 | | documents which may be necessary to determine the am ount of |
|---|
| 1011 | 1491 | | assessment due as will su bstantiate and prove the ac curacy of such |
|---|
| 1012 | 1492 | | reports. All such records shall be preserved for a period of three |
|---|
| 1013 | 1493 | | (3) years, unless the Oklahoma State Athletic Commission, in |
|---|
| 1014 | 1494 | | writing, has authorized their destruction or disposa l at an earlier |
|---|
| 1015 | 1495 | | date, and shall be open to examination at an y time by the Oklahoma |
|---|
| 1016 | 1496 | | State Athletic Commission or by any of its authorized employees. |
|---|
| 1017 | 1497 | | SECTION 5. This act shall become effective November 1, 2024. |
|---|
| 1018 | 1498 | | |
|---|