TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 6 BOXING, WRESTLING, AND MARTIAL ARTS
PART 4 DUTIES AND CONDUCT OF LICENSEES
15.6.4.1 ISSUING AGENCY: New Mexico Athletic Commission.
[15.6.4.1 NMAC - N, 03-23-2002]
15.6.4.2 SCOPE: The provisions in Part 4 apply to all
licensees of the commission.
[15.6.4.2 NMAC - N, 03-23-2002]
15.6.4.3 STATUTORY AUTHORITY: Part 4 of
Chapter 6 of Title 15 is promulgated pursuant to the Professional Athletic
Competition Act, Sections 60-2A-1 through 60-2A-30, NMSA 1978 (1980 Repl.
Pamp.); specifically Sections 60-2A-8, 60-2A-9, 60-2A-10, 60-2A-13, 60-2A-14,
60-2A-15, 60-2A-16, 60-2A-17, 60-2A-18, 60-2A-21, 60-2A-22, 60-2A-28, and
60-2A-29.
[15.6.4.3 NMAC - N, 03-23-2002]
15.6.4.4 DURATION: Permanent.
[15.6.4.4 NMAC - N, 03-23-2002]
15.6.4.5 EFFECTIVE DATE: March 23, 2002, unless a later date is cited
at the end of a section.
[15.6.4.5 NMAC - N, 03-23-2002]
15.6.4.6 OBJECTIVE: The objective of Part 4 of Chapter 6 is to set
forth notify all commission licensees of the duties and conduct expected by the
commission and the consequences of not complying with the provisions.
[15.6.4.6 NMAC - N, 03-23-2002]
15.6.4.7 DEFINITIONS: [RESERVED]
15.6.4.8 DUTY TO SAFEGUARD BUILDING,
PREMISES, AND SAFETY OF ATTENDEES:
A. Duty
to safeguard premises: All promoters licensed by the commission are
required to assure the commission that all necessary arrangements have been
made to safeguard the premises where unarmed combat contests, wrestling or
martial arts exhibitions are to be conducted in order to ensure that adequate
protection is provided by state licensed uniformed security guards and
companies, law enforcement agency or security guards exempt from licensure
pursuant to the Private Investigations Act 61-27B-4 to prevent riot, stampede, or disorderly
conduct on the premises.
(1) Any
disorderly conduct, act of assault or breach of decorum on the part of any
commission licensee is prohibited.
(2) Any
violation of this section by a commission licensee shall subject the licensee
to penalties as deemed appropriate by the commission.
B. Building equipment and safety requirements:
All premises, buildings, or structures used or intended for use in holding or
televising unarmed combat boxing, wrestling, or martial arts matches or
exhibitions shall:
(1) be
properly ventilated;
(2) [RESERVED]
(3) provide
an adequate fire alert system, fire extinguishers, emergency and fire exits;
and
(4) shall,
in all manner, conform to the laws, ordinances, building codes and regulations
pertaining to buildings in the village, town, city or state where the building
is situated.
C. Sale
of alcoholic beverages on the premises: Alcoholic beverages may be sold at
a match or event only by special permission of the commission.
(1) The
commission may allow the sale of alcoholic beverages and limit the content of
sales at each event.
(2) If
sale of alcoholic beverages at an event is approved by the commission, there
must be a valid license to sell alcohol in place issued by the proper state
licensing agency.
(3) If
an unruly crowd or incident occurs at any event where the sale of alcoholic
beverages has been approved by the commission, the official in charge of the
event may immediately suspend the sales of alcoholic beverages.
(4) No
alcohol is allowed within the technical zone.
D. Ambulance at live events: The promoter
shall ensure that there is an ambulance on stand-by or medical personnel with
appropriate resuscitation equipment at ringside at all live unarmed combat,
boxing, wrestling, or full contact karate or kickboxing events.
[15.6.4.8 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.4.9 [RESERVED]
15.6.4.10 DUTY TO PROVIDE INSURANCE FOR
LICENSED CONTESTANTS:
A. Any person, party, or corporation holding a promoter’s
license issued by the commission shall continuously provide insurance
protection for licensed unarmed combat, boxing, wrestling, or martial arts
contestants appearing in unarmed combat, boxing contests, wrestling or martial
arts exhibitions.
B. Insurance coverage shall provide the licensee
reimbursement for medical, surgical, and hospital care for any injuries
sustained while participating in a match.
C. The
minimum insurance limit shall be $2500.00 for injuries sustained by the
contestant while participating in any program, event, match, or exhibition
operated under the control of the licensed promoter.
D. Failure
by the licensed promoter to provide and pay premiums on insurance as provided
in this section shall be cause for the suspension or the revocation of the promoter’s
license.
[15.6.4.10 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.4.11 DUTY TO INFORM COMMISSION OF
CONTESTANT’S ILLNESS:
A. Licensed
promoters, matchmakers, and managers have the duty to promptly inform and
furnish the commission with all information concerning an unarmed combatant’s,
boxer’s, wrestler’s, or martial artist’s illness or any other reason affecting
his ability to safely compete, and for his failure to fulfill any contract.
B. Such information must be submitted to the commission
before it is released to the media.
C. The
contestant is in no way relieved from his contractual obligation until the
commission has been properly informed, as provided in Subsection A of 15.6.4.11
NMAC.
D. Any
unarmed combatant, boxer, wrestler, or martial artist who is reported ill to
the commission may be placed on the “ill and unavailable list”. He will not be reinstated until he has met
the following conditions:
(1) he
has been examined and given a medical release by the commission’s appointed
physician, and
(2) he
fulfills all of the commitments pending at the time of his removal from the
“available list” by the commission; or
(3) he
is released from those commitments by the promoter.
[15.6.4.11 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.4.12 DUTY TO COMPENSATE EVENT
PARTICIPANTS: The promoter of an event will be
required to pay all fees due to event participants and personnel.
A. Fees set by the commission: The commission shall
annually adopt a policy to set fees to be paid to referees, judges, deputy
inspectors and timekeepers.
B. Fees
set by the medical advisory board: With the approval of the commission, the
medical advisory board shall determine fees to be paid to ringside physicians.
C. Negotiated
fees: The promoter shall negotiate fees with other event personnel (e.g.
security officers, announcers, ticket sellers, ticket takers, doormen, etc.) on
an individual basis.
[15.6.4.12 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2015]
15.6.4.13 [RESERVED]
15.6.4.14 DUTY OF MANAGER TO KEEP RECORDS: Managers shall keep accurate records of the
receipts and expenses of the professional contestants under their management
and control.
[15.6.4.14 NMAC - N, 03-23-2002]
15.6.4.15 DUTY TO REPORT OFFER TO CONDUCT
SHAM OR COLLUSIVE CONTEST:
A. A licensee must immediately report to the commission any
circumstance, situation, or occurrence where he has been approached with an
offer, request, or suggestion to participate in, contribute, or aid and abet in
any manner, a sham or collusive contest; or to participate in any contest that
is not to be conducted honestly or fairly.
B. Failure to report such activity to the commission shall
subject the licensee to disciplinary action and such penalty as the commission
may thereafter decide.
[15.6.4.15 NMAC - N, 03-23-2002]
15.6.4.16 DUTY TO PROVIDE A SURETY BOND:
A. A licensed promoter, whether a person, party or
corporation, must furnish to the commission a surety bond to guarantee that he
will pay all participants any rents, leasing amounts, utility bills, ticket
printing invoices, advertising costs, and any other legitimate expenses
incurred in conjunction with each program, event, match, exhibition, or
televised viewing promoted by the promoter.
B. Before
a promoter distributes the receipts of any contest or exhibition, he must first
deduct all sums due for the privilege tax due to the state.
C. A licensed promoter, whether a person, party, or
corporation, in default of any of its debts or obligations, shall be suspended
by the commission.
D. The
commission may reinstate the promoter if the promoter meets the following
conditions:
(1) the
promoter provides the commission with proof that all the subject debts and obligations
have been paid in full; and
(2) the
promoter must provide proof of a valid surety bond, in an amount to be
determined by the commission.
[15.6.4.16 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.4.17 RESIDENT STATUS REQUIREMENT FOR
PROMOTER: Promoters shall be responsible to the
commission and shall have resident status in New Mexico preceding their
application for an event permit.
A. Individual promoters shall have bonafide resident status
in the state. However, the resident
requirements may be waived by a majority order of the commission.
B. Corporate
promoters shall maintain, in New Mexico, an agent authorized to accept the
service of judicial process and other documents. A certified copy of such authorization shall
be filed with the commission.
C. At
least three trustees or managing directors of unincorporated clubs or
associations shall be bonafide residents of the state, and their names shall be
filed with the commission.
[15.6.4.17 NMAC - N, 03-23-2002]
15.6.4.18 PROHIBITIONS OF SPECIFIC
PROFESSIONAL RELATIONSHIPS OR ACTIVITIES:
A. Charitable
organization promotions: Unarmed combats, boxing matches, wrestling
programs, or martial arts exhibitions conducted under the auspices or in
conjunction with any charitable organization are prohibited by the commission
unless the commission grants approval for such activity. The promoter may apply for commission
approval by submitting the agreement setting forth the terms and conditions of
the program for the commission’s review.
B. Licensed
matchmaker forbidden to act as manager or assignee of unarmed combatant:
Matchmakers are forbidden from acting as the manager or assignee of any unarmed
combatant; or from participating in any way, directly or indirectly, in the
ring earnings or management of any unarmed combatant. However, the commission shall license
matchmakers as managers employed by licensed promoters, if acceptable to the
commission. In such cases:
(1) the
matchmaker and the promoter shall be jointly responsible to the commission for
any matches conducted;
(2) matches
shall be conducted only by a licensed promoter or licensed matchmaker;
(3) matchmakers
will be held responsible by the commission if they arrange matches in which one
of the principles is outclassed; and
(4) persistent
lack of judgment in this matter will be regarded as cause for suspension or
revocation of the matchmaker’s license, and the matchmaker shall have no
further connection with any unarmed combatant or stable of unarmed combatants.
C. Restrictions
on promoter as employer of other commission licensees: Licensed promoters are prohibited from
employing, or in any other way having any commercial connection to, any
licensed unarmed combatant, wrestler, manager or second.
D. Restrictions
on other principles with regard to commission licensees:
(1) The
commission prohibits any director, officer, employee, or stockholder of any
licensed promoter from serving or acting, either directly or indirectly, as the
manager, assignee or second to any unarmed combatant. Nor shall a promoter or matchmaker
participate as an unarmed combatant in an event they are either promoting or
matchmaking.
(2) The
commission prohibits any director, officer, employee, or stockholder of any
licensed promoter from being employed by, or in any other way being connected
with, any other promoter, without the approval of the commission.
[15.6.4.18 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.4.19 [RESERVED]
15.6.4.20 DUTY TO OBTAIN EVENT PERMITS: A licensed promoter must obtain an event permit
prior to each professional and amateur program, match, event, contest or
exhibition.
A. The
commission will issue a permit upon receipt from the promoter of a completed
commission-approved application, and all other required documentation.
B. The application and attachments must be approved with
the commission not later than 72 hours prior to the regularly scheduled meeting
before the contest. The application must
contain the following information and documentation:
(1) evidence
of a current promoter’s license;
(2) date
of the contest;
(3) copy
of the contract for the event location;
(4) proof
of contest insurance;
(5) name
of the main event participants;
(6) number
of scheduled rounds of all unarmed combatant contests on the event card;
(7) verification
of adequate security;
(8) verification
of ambulance and medical technicians; and
(9) report
on all unarmed combatants from fightfax.com or mixedmartialarts.com, or other
nationally or industry recognized reporting service.
C. The
promoter must provide the commission with the signed and witnessed formal
contracts for the main event executed on forms supplied by the commission and
executed in accordance with 15.6.2 NMAC.
D. Each
applicant for an event permit agrees to grant the commission, or its authorized
representative, the right to examine the books of accounts and other records of
the applicant relating to each event for which an event permit application is made.
[15.6.4.20 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2017]
15.6.4.21 APPROVAL OF EVENT PERMITS: Before approving any event permit, the
commission, or the two commissioners acting under the commission’s delegated
authority, will consider the relative merits of the contestants, their past
records, and whether or not they are suitable opponents. The commission reserves the right to
disapprove any match or unarmed combatant
contest on the grounds that it is not in the best interest of unarmed combatant boxing, wrestling, or martial arts, or
of the health and safety of either of the contestants.
A. Each
application for an event permit will be reviewed by the administrator or by
commission staff to assure compliance with all application requirements of the
commission.
B. When the application is complete, the events coordinator
or commission staff will review the event permit request with two commission
members to obtain their approval. The
two commissioners have the authority to provide final approval. However, if they are unwilling to grant
approval of the event permit application, the following shall occur:
(1) the
event permit request will be considered at the next regularly scheduled
commission meeting; or
(2) the
commission reserves the right to not approve an event for failure to submit a
timely application; the commission may approve an application that is untimely
if the applicant demonstrates extenuating circumstances.
[15.6.4.21 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.4.22 [RESERVED]
15.6.4.23 DUTIES REGARDING SCHEDULING OR
CANCELING OF EVENTS:
A. Scheduled events may not be cancelled or adjourned
without the consent of the commission.
B. If
the commission, for any reason, does not approve an event for which any tickets
have been sold, the promoter shall cause all ticket holders to receive a full
refund.
[15.6.4.23 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2015]
15.6.4.24 LICENSE CARD REQUIRED:
A. Unless
otherwise approved by the commission or its designee, all participants, whether
including but not limited to a promoter, corporation, referee, judge,
matchmaker, timekeeper, corporation treasurer, unarmed combatant, professional boxer, wrestler, kick
boxer or martial artist, manager, trainer, second or announcer, must be licensed
by the commission no later than 96 hours prior to the event before they may
participate, either directly or indirectly, in any unarmed combating, boxing,
sparring, wrestling match or kick boxing exhibition.
B. Upon
request, any participant must allow inspection of his license and federal
identification card by the commission or its delegated representative.
C. Any
participant denying inspection of his license card by the commission, or its
delegated representative, shall be prohibited by the commission from
participating in the event.
[15.6.4.24 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2017]
15.6.4.25 PROTOCOL FOR USING ASSUMED NAMES:
A. An
unarmed combatant, boxer or wrestler
may use, but not be licensed under, an assumed name, provided the commission
has approved the use of the assumed name.
B. An
unarmed combatant, boxer or wrestler may not assume or be licensed under a name
deceptively similar to the name of any other boxer or wrestler.
[15.6.4.25 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.4.26 [RESERVED]
15.6.4.27 SUSPENSIONS REPORTED NATIONALLY:
A. The commission shall report all suspensions nationally,
except those imposed locally for minor infractions of local rules.
B. The
commission shall report any suspensions to championship sponsoring
organizations within ten (10) days of the suspension.
[15.6.4.27 NMAC - N, 03-23-2002]
HISTORY of
15.6.4 NMAC:
Pre-NMAC
History:
Material in the part was derived from that previously
filed with the commission of public records - state records center and
archives:
NMAC 80-1, The Commission, Its Powers and Procedures,
filed 9-24-80.
Those relevant portions of NMAC Rule 92-2, The
Commission, Its Powers and Procedures, filed 8-17-92.
NMAC 80-2, Contracts, filed 9-24-80.
Those relevant portions of NMAC 92-4, Contracts, filed
8-17-92.
NMAC 80-4, Conduct of Licensees, filed 9-24-80.
NMAC Rule 92-6, Conduct of Licensees, filed 8-17-92.
NMAC 80-5, Rules to Safeguard Health, filed 9-24-80.
Those relevant portions NMAC Rule 92-7, Rules to Safeguard
Health, filed 8-17-92.
History of
Repealed Material:
NMAC Rule 92-2 (aka 15 NMAC 6.1), The Commission, Its
Powers and Procedures, filed 8-17-92; repealed effective 03-23-2002.
NMAC Rule 92-4 (aka 15 NMAC 6.2), Contracts, filed
8-17-92; repealed effective 03-23-2002.
NMAC Rule 92-7 (aka 15 NMAC 6.5), Requirements To
Safeguard Health, filed 8-17-92; repealed effective 03-23-2002.
NMAC Rule 92-6 (aka 15 NMAC 6.4), Conduct of Licensees,
filed 8-17-92, repealed effective 03-23-2002.
Other History:
NMAC Rule 92-2 was recompiled into the first version of
the New Mexico Administrative Code as 15 NMAC 6.1 and named General Provisions.
NMAC Rule 92-4 was recompiled into the first version of
the New Mexico Administrative Code as 15 NMAC 6.2 and named Contracts.
NMAC Rule 92-6 was recompiled into the first version of
the New Mexico Administrative Code as 15 NMAC 6.4 and named Conduct of
Licensees.
NMAC Rule 92-7 was recompiled into the first version of
the New Mexico Administrative Code as 15 NMAC 6.5 and named Requirements To
Safeguard Health.
15.6.4 NMAC, Duties and Conduct Of Licensees, replaced
15 NMAC 6.4, Conduct of Licensees, effective 03-23-2002.