Ala. Admin. Code r. 165-X-2-.05

Current through Register Vol. 43, No. 02, November 27, 2024

Section 165-X-2-.05 - Conduct Of Promotions

(1) General Safety. It shall be the promoter's responsibility to ensure safety for the Contestants, officials, media and fans and to comply with all safety standards required by the Commission.

(a) Arena Security. Arena security is the responsibility of the promoter and such security measures provided by the promoter shall be sufficient to maintain order. At a minimum, two (2) sworn off duty law enforcement officers shall be retained for security.

(b) Obtain Cage or Ring. The promoter will provide a cage or ring for the match and that the cage or ring must pass the certification requirements established by the Commission.

(c) Extra Gloves. Each promoter must have an extra set of gloves of the appropriate weight available to be used in case a glove is broken or otherwise damaged during the course of the contest or exhibition of mixed martial arts.

(d) Cage or Ring and Glove Certification. It is the promoter's responsibility to ensure that the cage or ring and gloves selected for use during each show meet the Commission's rules and regulations concerning proper certification and should be resolved no less than ten (10) days prior to the date of the show.

(e) Advanced Advertising. In addition to the requirements in this Chapter, no contestant or celebrity shall be advertised by any promoter before said promoter has in his or her possession a written commitment from said contestant or celebrity and before said promoter has filed a copy of such written commitment with the Commission.

(f) Suggesting Benefits for Charitable Organization. No promoter may advertise, hold out, or suggest in any fashion that a portion of the proceeds of any proposed mixed martial arts show will be donated to a charitable organization without first complying with the Commission's rules governing "programs for charity."

(g) Main Event Start Time. The final bout for all mixed martial arts events sanctioned by the Alabama Athletic and Entertainment Commission shall start by 11:59 pm on the date for which the event permit is approved.

(2) Cage Side or Ringside Physician.

(a) Providing a physician. It shall be the responsibility of the Commission representative to assign one or more physicians at cage side or ringside during each mixed martial arts contest.

1. The physicians assigned must be on the roster of physicians authorized to conduct pre-fight physicals and serve as cage side or ringside physicians created by the Commission.

2. At least one cage side or ringside physician must have in his or her possession any medical supplies and equipment reasonably anticipated to provide first-aid medical assistance for the type of injuries reasonably anticipated to occur in professional mixed martial arts matches.

3. The promoter shall compensate assigned cage side or ringside physicians in an amount to be mutually agreed upon by the promoter.

(3) Arena.

(a) Drinks. No mixed martial arts match will be allowed to commence or continue, without specific authorization from the Commission, in any arena where concessionaires dispense or serve beverages in containers other than plastic or paper cups, or aluminum cans.

(b) Arena safety. No mixed martial arts match will be allowed to commence or continue in any arena which appears to the Commission-appointed supervisor to be unsafe or where the Commission-appointed supervisor has reason to believe that such building or location does not conform to any applicable laws, ordinances and regulations in the city or unincorporated county area.

(c) Dressing rooms. The only people allowed in the Contestant's dressing room are the contestants, managers, seconds, Commission representatives including appointed commissioners and approved physician(s).

1. Promoters shall be required by the Commission-appointed supervisor to post a Guard or Commission-appointed inspector at the entrance to the dressing rooms to aid in enforcement of dressing room security.

2. A separate dressing area shall be provided for all referees and judges and all other Commission-appointed representatives.

(4) Media Guidelines.

(a) Promoter Responsibilities For Media Personnel. It shall be the responsibility of the promoter to provide access to any sanctioned event to media professionals for print, television, radio and online media. The promoter has a duty to provide access to media professionals while ensuring their personal safety at the event.

1. Promoters of mixed martial arts events shall provide media personnel with easily identifiable credentials that are clearly visible to state inspectors.

2. Promoters of mixed martial arts events shall provide a four-foot (4') wide open buffer zone between credentialed media and the cage or ring apron.

3. Promoters shall ensure the safety of credentialed media professionals by requiring them to remain outside the four-foot (4') buffer zone at all times.

(b) Promoters shall provide security in the general area of credentialed media to insure they are allowed to perform their job functions with a clear view of the action and without hindrance from ticket holders, fight staff or others.

(c) Media Access to Restricted Areas. Promoters may provide access to credentialed media inside the cage or ring immediately following a bout upon clearance from an official.

1. Following an individual bout or at the close of an event, promoters may allow access to credentialed reporters and photographers directly outside the dressing rooms or staging areas restricted for fighters, fight staff and state officials.

2. Promoters shall ensure the personal safety of any credentialed media by providing a police officer in any area designated for interviews, photographs or press conferences.

(5) Violation: Penalties.

(a) Promoters or contestants that violate any section of this chapter shall be referred to the investigations hearing of the Commission for further action. Provided however that any action taken as a result of the hearing or by the full Commission to enforce or attempt to enforce the provisions of this chapter will be taken only after notice and hearing according to the Alabama Administrative Procedure Act. Either paragraph (a) or (b) within this subsection shall be subject to disciplinary action by the Commission.

(6) Show.

(a) Marketing Prohibited Without Prior Commission Approval. Commission approval or authorization must be obtained prior to selling tickets, making announcements, or distributing advertisements concerning any show, show date, contestants, or matches of professional mixed martial arts. Violations shall be referred to the investigations hearing of the Commission for disciplinary action.

(b) Professional Rounds scheduled.

1. Unless otherwise approved by the Commission, promoters shall schedule no less than twenty (20) rounds of mixed martial arts on one (1) program. An emergency bout must be provided in case any of the scheduled bouts are not held.

2. No professional mixed martial arts match shall have any rounds lasting longer than five (5) minutes.

(i) All contests or exhibitions in professional mixed martial arts featuring male mixed martial artists will be required to have three (5) minute rounds with one (1) minute rest periods between rounds.

(ii) All contests or exhibitions in professional mixed martial arts featuring female mixed martial artists will be allowed to have three (5) minute rounds with one (1) minute rest periods between rounds.

3. No professional mixed martial arts match or exhibition shall be permitted for more than three (3) rounds duration, except in a championship match, which shall not exceed five (5) rounds.

(c) Card Approval. Requests for preliminary approval of mixed martial arts cards should be received by the Executive Director of the Commission or Commission-appointed supervisor no less than ten (10) days prior to the start of the event. The names and federal identification numbers and verification numbers of all competitors must be included and shall be typed. No handwritten requests shall be accepted. The Final card must be received by the Commission-appointed supervisor or Chief Inspector no less than three (3) days prior to the date of the contest.

1. Substitutions to the final card will only be allowed after sufficient written evidence documenting the reason why such substitution is required. The information must be written on a form provided by the Commission and the signature must be witnessed by the Executive Director, Commission-appointed supervisor or a state of Alabama notary public. Failure to provide sufficient evidence will result in the cancellation of the scheduled bout and/or disciplinary action by the Commission.

2. No substitution will be allowed during the final twelve hours prior to the beginning of the event.

(i) No bout will be allowed to take place without the prior approval of the Chief Inspector or Commission-appointed supervisor for the event.

(7) Purse.

(a) Method of Payment. Except as otherwise stated below, purses shall be paid by check, certified or cashier's check immediately after the contest. No cash shall be accepted. Payments of percentage contracts shall be made as soon as the amount can be determined. If requested by the Commission or by any Contestant, All purse payments shall be made in the presence of the authorized Commission representative.

1. After notification and approval by the Commission, arrangement for the payment of any purse greater than $50,000.00 shall be mutually agreed to by the promoter and the Contestant.

2. Should a promoter default on payments to Contestants, only that amount disclosed on the contract or bout agreement filed with the Commission and in advance of the bout will be covered by any bond on file with the Commission.

(b) Minimum Payment per Contracted Round. All contestants shall be guaranteed a purse equal to or exceeding $100 per contracted round. No "cash equivalent" substitutions for the payment of the minimum contracted amount including tickets in lieu of payment shall be allowed. Contestants shall be paid by check or money order only. Violations shall be referred to an investigative hearing of the Commission for disciplinary action.

(8) Contracts.

(a) Contract or Bout Agreement: Unless agreed upon in advance by the Commission, all bout agreements must be on the form approved by the Commission.

1. All bout agreements will state the following in bold type:

(i) The amount of guarantee or percentage promised; the number and time limit of rounds; when and where the official weigh-in will be conducted; when and where the Contestants are scheduled to appear; weight; and all other reasonably expected to be an issue of agreement within professional mixed martial arts contracts and agreements.

(I) Weights expressed on bout agreements for all four (4) and six (6) round bouts shall allow no less than a +/-2 pounds variance of the contracted weight.

(II) Weights expressed on bout agreements for all championship (12 rounds) matches shall be absolute and shall not allow for any variance.

(ii) Signature of the promoter or his or her designated representative, and the Contestant or his or her designated representative.

(iii) Each Contestant applying for a license is required to obtain on their own a Hepatitis B and Hepatitis C blood test and must present to the Commission representative no later than at the weigh-in the results of such test conducted within 180 days of the proposed match.

(b) Contract or Bout Agreement: Required Form for Submission. All information appearing on any written agreements or contracts shall be typed.

(c) Contract or Bout Agreement: File with Commission. One (1) copy of each signed written agreement or contract, once executed by both parties and within three (3) calendar days of such execution, shall be filed with the Commission or the Commission-appointed representative.

1. No mixed martial arts match shall be allowed to commence prior to execution of a signed contract or bout agreement by both parties or before said contract or bout agreement is submitted to the Commission or the Commission-appointed representative.

(d) Violations: Grounds for Suspension. Violation by either party of any written bout agreement or contract may be grounds for suspension of any license issued by the Commission and shall in addition to such suspension result in a fine or other disciplinary action imposed by the Commission. Violations shall be referred to the investigations hearing of the Commission for disciplinary action.

(9) Failure to Perform.

(a) Promoter Failure to Perform. The failure of a promoter to perform according to the terms of the contract; to produce contestants or special added attractions as advertised; to pay the contestants their contractual guarantee, or percentage; or the failure of a promoter to live up to his or her agreement with his or her contestants or performers who did perform as scheduled is prohibited and violations shall be referred to an investigative hearing of the Commission for disciplinary action.

(b) Contestant Failure to Perform. The failure of a contestant under contract with a licensed promoter to perform according to the terms of said contract; or the failure of a contestant to live up to his or her agreement with a person to which the contestant is under contractual agreement is prohibited. Violations shall be referred to an investigative hearing of the Commission for disciplinary action.

(c) Violation: Penalties.

(i) Violation of either paragraph (a) or (b) within this subsection may, for the first offense, be grounds for administrative suspension of not less than 90 days and a fine of not more than the contracted purse amount disclosed on the bout agreement or contract. Violations shall be referred to an investigative hearing of the Commission for disciplinary action.

(ii) The second and/or any subsequent violation by any person of either paragraph (a) or paragraph (b) within this subsection may, in addition to any suspension by the Commission, subject the violator to a fine of not more than the contracted purse amount as disclosed on the bout agreement or contract plus not more than an additional $10,000. Said fine is to be imposed by the Commission. Violations shall be referred to an investigative hearing by the Commission for disciplinary action. Additional disciplinary action may be imposed.

(iii) Any person or license holder violating on three (3) or more occasions either sub-paragraph (a) or sub-paragraph (b) within this subsection shall have his or her license suspended indefinitely. Provided however that any action by the Commission to enforce or attempt to enforce the provisions of this sub-paragraph will be taken only after notice and hearing according to the Alabama Administrative Procedure Act.

Ala. Admin. Code r. 165-X-2-.05

New Rule: Filed December 27, 2013; effective January 31, 2014.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 09, June 29, 2018, eff. 8/4/2018.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Authors: J. Matt Bledsoe, Brandon Owens, Casey Sears

Statutory Authority:Code of Ala. 1975, § 41-9-1024.