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91_HB0245eng
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1 AN ACT to amend the Professional Boxing and Wrestling
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Professional Boxing and Wrestling Act is
6 amended by changing Sections 1, 2, 6, 7.5, 8, 10, 10.5, 11,
7 12, 13, 14, 15, 16, 18, 19, 19.1, 21, and 23 and adding
8 Sections 0.05, 17.7, 17.8, 17.9, 17.10, 17.11, 17.12, 19.2,
9 19.3, 19.4, 19.5, and 25.1 as follows:
10 (225 ILCS 105/0.05 new)
11 Sec. 0.05. Declaration of public policy. Professional
12 boxing and wrestling in the State of Illinois is hereby
13 declared to affect the public health, safety, and welfare and
14 to be subject to regulation and control in the public
15 interest. It is further declared to be a matter of public
16 interest and concern that boxing and wrestling, as defined in
17 this Act, merit and receive the confidence of the public and
18 that only qualified persons be authorized to participate in
19 boxing contests and wrestling exhibitions in the State of
20 Illinois. This Act shall be liberally construed to best carry
21 out these objects and purposes.
22 (225 ILCS 105/1) (from Ch. 111, par. 5001)
23 Sec. 1. Short title and definitions.
24 (a) This Act shall be known and may be cited as the
25 "Professional Boxing and Wrestling Act".
26 (b) As used in this Act:
27 1. "Department" means the Department of
28 Professional Regulation.
29 2. "Director" means the Director of Professional
30 Regulation.
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1 3. "Board" means the State Boxing and Wrestling
2 Board appointed by the Director.
3 4. "License" means the license issued for boxing
4 contestants or officials in accordance with this Act.
5 5. "Registration" means the registration issued to
6 wrestling promoters in accordance with this Act.
7 6. "Boxing Contests" include professional boxing or
8 sparring matches and, events, exhibitions, or cards.
9 7. "Wrestling Exhibitions" include professional
10 wrestling contests, matches, events, and shows.
11 8. "Athletic Events" include both professional
12 boxing contests and professional wrestling exhibitions.
13 9. "Permit" means the authorization from the
14 Department to a promoter to conduct professional boxing
15 contests or professional wrestling exhibitions.
16 10. "Promoter" means a person who is licensed or
17 registered and who holds a permit to conduct professional
18 boxing matches or professional wrestling exhibitions.
19 11. Unless the context indicates otherwise,
20 "person" includes an association, partnership,
21 corporation, gymnasium, or club.
22 12. For the purposes of this Act the term "trainer"
23 includes what is commonly referred to as "second corner
24 man" or "coach".
25 13. "Ultimate fighting exhibition" has the meaning
26 given by rule adopted by the Department in accordance
27 with Section 7.5.
28 14. "Professional boxer" means a person licensed by
29 the Department who competes for a money prize, purse, or
30 other type of compensation in a boxing contest,
31 exhibition, or match held in Illinois.
32 15. "Judge" means a person licensed by the
33 Department who is at ringside during a boxing match and
34 who has the responsibility of scoring the performance of
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1 the participants in the match.
2 16. "Referee" means a person licensed by the
3 Department who has the general supervision of a boxing
4 match and is present inside of the ring during the match.
5 17. "Amateur" means a person who has never received
6 or competed for any purse or other article of value,
7 either for participating in any boxing match or for the
8 expenses of training therefor, other than a prize that
9 does not exceed $50 in value.
10 18. "Contestant" means an individual who
11 participates in a boxing contest or wrestling exhibition.
12 19. "Second" means a person licensed by the
13 Department who is present at any boxing contest to
14 provide assistance or advice to a boxer during the
15 contest.
16 20. "Matchmaker" means a person licensed by the
17 Department who brings together professional boxers or
18 procures matches for professional boxers.
19 21. "Manager" means a person licensed by the
20 Department who is not a promoter and who, under contract,
21 agreement, or other arrangement with any boxer,
22 undertakes to, directly or indirectly, control or
23 administer the boxing affairs of boxers.
24 22. "Timekeeper" means a person licensed by the
25 Department who is the official timer of the length of
26 rounds and the intervals between the rounds.
27 23. "Purse" means the financial guarantee or any
28 other remuneration for which contestants are
29 participating in a boxing contest.
30 (Source: P.A. 89-578, eff. 7-30-96.)
31 (225 ILCS 105/2) (from Ch. 111, par. 5002)
32 Sec. 2. State Boxing and Wrestling Board. There is
33 created the State Boxing and Wrestling Board consisting of 6
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1 5 persons who shall be appointed by and shall serve in an
2 advisory capacity to the Director. One There shall also be a
3 physician licensed to practice medicine in all of its
4 branches. who shall act as a consultant to the board as
5 needed. Upon the expiration of the terms of the board
6 members appointed before or after the effective date of this
7 Act, The Director shall appoint their successors, each member
8 to serve for a term of 3 years from and after the 3rd Monday
9 in January of the year in which the antecedent term expires
10 and all to serve until his or her successor is their
11 successors are appointed and qualified. One member of the
12 board shall be designated as the Chairperson Chairman. No
13 member shall be appointed to the Board for a term which would
14 cause continuous service to be more than 9 years. Service
15 prior to the effective date of this amendatory Act of the
16 91st General Assembly shall not be considered in calculating
17 length of service on the Board. Each member of the board
18 shall receive compensation $75 per day for each day he or she
19 is engaged in transacting the business of the board and, in
20 addition, shall be reimbursed for his or her authorized and
21 approved expenses necessarily incurred in relation to such
22 service in accordance with the travel regulations applicable
23 to the Department at the time the expenses are incurred.
24 A majority of the current members appointed shall
25 constitute a quorum.
26 The members of the Board shall be immune from suit in any
27 action based upon any disciplinary proceedings or other acts
28 performed in good faith as members of the Board.
29 The Director may remove any member of the Board for
30 misconduct, incapacity, or neglect of duty. The Director
31 shall reduce to writing any causes for removal.
32 The Director may appoint and at his pleasure remove a
33 secretary to the Board. It is the duty of the Secretary to
34 make a full record of all board proceedings, and perform
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1 other duties prescribed by the Director.
2 (Source: P.A. 87-1182.)
3 (225 ILCS 105/6) (from Ch. 111, par. 5006)
4 Sec. 6. Prohibitions. All boxing matches, contests, or
5 exhibits in which physical contact is made including, but not
6 limited to, "ultimate fighting exhibitions", are prohibited
7 in Illinois unless authorized by the Department. This
8 provision does not apply to the following Applicability. The
9 provisions of this Act do not apply to:
10 (1) 1. Boxing contests or wrestling exhibitions
11 conducted by accredited secondary schools, colleges or
12 universities, although a fee may be charged.
13 Institutions organized to furnish instruction in
14 athletics are not included in this exemption.
15 (2) 2. Amateur boxing matches sanctioned by the
16 United States Amateur Boxing Federation, Inc. or Golden
17 Gloves of America, amateur wrestling exhibitions, and
18 amateur or professional martial arts or kick boxing;
19 except that this Act does apply to ultimate fighting
20 exhibitions.
21 (Source: P.A. 89-578, eff. 7-30-96.)
22 (225 ILCS 105/7.5)
23 Sec. 7.5. Ultimate fighting exhibitions.
24 (a) The General Assembly finds and declares that:
25 (1) The entertainment spectacle commonly known as
26 "ultimate fighting" is a violent exhibition that is
27 excessively and unacceptably dangerous to the
28 participants. "Ultimate fighting" includes exhibitions
29 of the same nature even though a different name is
30 applied to this event.
31 (2) Unlike the sports of boxing and wrestling, in
32 which serious or permanent injury is largely preventable
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1 and occurs only occasionally as an incidental result of
2 the athletic contest, ultimate fighting is intended by
3 its promoters to produce serious injury in every
4 exhibition and is widely and specifically advertised and
5 promoted as being the most dangerous of all fighting
6 exhibitions.
7 (3) The lack of appropriate restrictions on
8 dangerous blows or life-threatening maneuvers and the
9 matching of participants with incompatible styles of
10 fighting make it difficult or impossible for the State to
11 regulate ultimate fighting in a way that can reasonably
12 protect the safety of the participants.
13 (4) It is therefore an appropriate exercise of the
14 police power of the State and necessary for the public
15 safety and the common good to prohibit ultimate fighting
16 exhibitions in this State.
17 (b) The Department, in consultation with the State
18 Boxing and Wrestling Board, shall adopt rules defining the
19 term "ultimate fighting exhibition" and distinguishing such
20 exhibitions from the legitimate boxing and wrestling contests
21 permitted under this Act and the exhibitions or contests of
22 the martial arts and other sports that are traditionally
23 conducted with respect for the safety and protection of the
24 participants.
25 (c) Beginning on the effective date of the rules to be
26 adopted under subsection (b) of this Section, No person may
27 hold, promote, or participate in any ultimate fighting
28 exhibition in this State.
29 (Source: P.A. 89-578, eff. 7-30-96.)
30 (225 ILCS 105/8) (from Ch. 111, par. 5008)
31 Sec. 8. Permits.
32 (a) A promoter who desires to obtain a permit to conduct
33 an athletic event shall apply to the Department at least 20
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1 10 days prior to the event, in writing, on forms furnished by
2 the Department. The application shall be verified under
3 oath, shall be accompanied by the required fee and shall
4 contain at least the following information:
5 (1) (a) the names and addresses of the promoter;
6 (2) and all of the officers of any club,
7 association, partnership or corporation with whom the
8 promoter is associated, (b) the names of the contestants
9 and their seconds, (c) the name of the their matchmaker;
10 (3), (d) the time and exact location of the athletic
11 event;
12 (4), (e) the seating capacity of the building where
13 the event is to be held;
14 (5) a copy of the lease or proof of ownership of
15 the building where the event is to be held;
16 (6), (f) the admission charge or charges to be made
17 ;, and
18 (7) proof of adequate security measures and
19 adequate medical supervision, as determined by Department
20 rule, to ensure the protection of the health and safety
21 of the general public while attending athletic events and
22 the contestants' safety while participating in the events
23 and any other information that the Department may
24 determine by rule in order to issue a permit (g) the
25 amount of compensation or percentage of the gate receipts
26 to be paid to each participant.
27 (b) After the initial application and within 10 days of
28 a scheduled event, a promoter shall submit to the Department
29 all of the following information:
30 (1) The amount of compensation to be paid to each
31 participant.
32 (2) The names of the contestants.
33 (3) Proof of insurance for not less than $10,000 for
34 each contestant participating in a boxing contest or
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1 exhibition.
2 Insurance required under this subsection shall cover (i)
3 hospital, medication, physician, and other such expenses as
4 would accrue in the treatment of an injury as a result of the
5 boxing contest or exhibition and (ii) payment to the estate
6 of the contestant in the event of his or her death as a
7 result of his or her participation in the boxing contest or
8 exhibition.
9 (c) All boxing promoters shall provide to the
10 Department, at least 24 hours prior to commencement of the
11 event, the amount of the purse to be paid for the event. The
12 Department shall promulgate rules for payment of the purse.
13 (d) The boxing contest shall be held in an area where
14 adequate neurosurgical facilities are immediately available
15 for skilled emergency treatment of an injured boxer. It is
16 the responsibility of the promoter to ensure that the
17 building to be used for the event complies with all laws,
18 ordinances, and regulations in the city, town, or village
19 where the athletic event is to be held. The Department may
20 issue a permit to any promoter who meets the requirements of
21 this Act and the rules. The permit shall only be issued for a
22 specific date and location of an athletic event and shall not
23 be transferable. In an emergency, the Department may allow a
24 promoter to amend a permit application to hold an athletic
25 event in a different location than the application specifies
26 and may allow the promoter to substitute contestants.
27 (e) The Department shall be responsible for assigning
28 the judge, timekeepers, referees, physician, and medical
29 personnel for an athletic event. It shall be the
30 responsibility of the promoter to cover the cost of the
31 individuals utilized at an athletic event.
32 Any person who makes or causes to be made false
33 statements is guilty of perjury.
34 (Source: P.A. 82-522.)
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1 (225 ILCS 105/10) (from Ch. 111, par. 5010)
2 Sec. 10. Who must be licensed. In order to participate
3 in boxing contests the following persons must each be
4 licensed and in good standing with the Department: (a)
5 promoters, (b) contestants, (c) seconds, (d) referees, (e)
6 judges, (f) managers, (g) matchmakers trainers, and (h)
7 timekeepers.
8 Matchmakers, physicians and Announcers may participate in
9 boxing contests without being licensed under this Act. It
10 shall be the responsibility of the promoter to ensure that
11 announcers these unlicensed persons comply with the Act, and
12 all rules and regulations promulgated pursuant to this Act
13 thereto.
14 A licensed promoter may not act as, and cannot be
15 licensed as, a second, boxer, referee, timekeeper, judge, or
16 manager. If he or she is so licensed, he or she must
17 relinquish any of these licenses to the Department for
18 cancellation. A promoter may be licensed as a matchmaker.
19 These persons involved with professional boxing and wrestling
20 must register with the Department by supplying the Athletic
21 Section with their name, address, telephone number and social
22 security number.
23 (Source: P.A. 85-225.)
24 (225 ILCS 105/10.5)
25 Sec. 10.5. Unlicensed practice; violation; civil
26 penalty.
27 (a) Any person who practices, offers to practice,
28 attempts to practice, or holds oneself out to practice as a
29 promoter, contestant, second, referee, judge, manager,
30 matchmaker trainer, or timekeeper without being licensed
31 under this Act shall, in addition to any other penalty
32 provided by law, pay a civil penalty to the Department in an
33 amount not to exceed $5,000 for each offense as determined by
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1 the Department. The civil penalty shall be assessed by the
2 Department after a hearing is held in accordance with the
3 provisions set forth in this Act regarding the provision of a
4 hearing for the discipline of a licensee.
5 (b) The Department has the authority and power to
6 investigate any and all unlicensed activity.
7 (c) The civil penalty shall be paid within 60 days after
8 the effective date of the order imposing the civil penalty.
9 The order shall constitute a judgment and may be filed and
10 execution had thereon in the same manner as any judgment from
11 any court of record.
12 (Source: P.A. 89-474, eff. 6-18-96.)
13 (225 ILCS 105/11) (from Ch. 111, par. 5011)
14 Sec. 11. Qualifications for license. The Department
15 shall grant licenses to or register the following persons if
16 the following qualifications are met:
17 (A) An applicant for licensure as a contestant in a
18 boxing match must: (1) be 18 years old, except when the
19 applicant has exhibited unusual maturity or ability, (2) be
20 of good moral character, (3) file an application stating the
21 applicant's correct name (and no assumed or ring name may be
22 used unless such name is registered with the Department along
23 with the applicant's correct name), date and place of birth,
24 place of current residence, and a sworn statement that he is
25 not currently in violation of any federal, State or local
26 laws or rules governing boxing, (4) file a certificate of a
27 physician licensed to practice medicine in all of its
28 branches which attests that the applicant is physically fit
29 and qualified to participate in boxing matches, and (5) pay
30 the required fee and meet any other requirements. Applicants
31 over age 39 who have not competed in a contest within the
32 last 36 months may be required to appear before the Board to
33 determine their fitness to participate in a contest. A
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1 picture identification shall be issued to all boxers licensed
2 by the Department. The identification shall be presented to
3 the Department or its representative upon request at
4 weigh-ins or contests.
5 (B) An applicant for licensure as a boxing promoter,
6 referee, judge, manager, second, matchmaker, trainer or
7 timekeeper must: (1) be of good moral character, (2) file an
8 application stating the applicant's name, date and place of
9 birth, and place of current residence along with a certifying
10 sworn statement that he is not currently in violation of any
11 federal, State, or local laws or rules governing boxing, (3)
12 have had satisfactory experience in his field, and (4) pay
13 the required fee, and (5) meet any other requirements as
14 determined by rule. An applicant for licensure as a referee,
15 manager or trainer must also file proof that he has
16 participated in medical seminars pertaining to boxing
17 contests, the curriculum and number of hours of which the
18 Department by rule deems sufficient.
19 (C) An applicant for registration as a boxing promoter
20 must: (1) be of good moral character, (2) file an application
21 with the Department stating the applicant's name, date and
22 place of birth, place of current residence along with a
23 certifying statement that he is not currently in violation of
24 any federal, State, or local laws or rules governing boxing,
25 (3) provide proof of a surety bond of no less than $5,000 to
26 cover financial obligations pursuant to this Act, payable to
27 the Department and conditioned for the payment of the tax
28 imposed by this Act and compliance with this Act and the
29 rules promulgated pursuant to this Act, (4) provide a
30 financial statement, prepared by a certified public
31 accountant, showing liquid working capital of $10,000 or
32 more, or a $10,000 performance bond guaranteeing payment of
33 all obligations relating to the promotional activities, and
34 (5) pay the required fee and meet any other requirements.
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1 (D) (C) An applicant for registration as a wrestling
2 promoter must: (1) be of good moral character, (2) file an
3 application with the Department stating the applicant's name,
4 date and place of birth, and place of current residence along
5 with a certifying sworn statement that he is not currently in
6 violation of any federal, State, or local laws or rules
7 governing wrestling, and (3) provide a surety bond of no less
8 than $10,000 to cover financial obligations pursuant to this
9 Act, payable to the Department and conditioned for the
10 payment of the tax imposed by this Act and compliance with
11 this Act and the rules promulgated pursuant to this Act, (4)
12 provide a financial statement, prepared by a certified public
13 accountant, showing liquid working capital of $10,000 or
14 more, or a $10,000 performance bond guaranteeing payment of
15 all obligations relating to the promotional activities, and
16 (5) pay the required fee and meet any other requirements.
17 In determining good moral character, the Department may
18 take into consideration any violation of any of the
19 provisions of Section 16 of this Act and any felony
20 conviction of the applicant, but such a conviction shall not
21 operate as a bar to licensure. No license issued under this
22 Act is transferable.
23 The Department may issue temporary licenses and
24 registrations as provided by rule.
25 (Source: P.A. 90-655, eff. 7-30-98.)
26 (225 ILCS 105/12) (from Ch. 111, par. 5012)
27 Sec. 12. Boxing contests. Each boxing contestant shall
28 be examined before entering the ring and immediately after
29 each contest by medical personnel a physician licensed to
30 practice medicine in all of its branches. The physician
31 licensed to practice medicine in all its branches shall
32 determine, prior to the contest, if each contestant is
33 physically fit to engage in the contest. After the contest
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1 the physician may shall examine the contestant to determine
2 possible injury. If the contestant's physical condition so
3 indicates, the physician shall recommend to the Department
4 immediate medical suspension. The physician may, at any time
5 during the contest, stop the contest to examine a boxer, and
6 terminate the contest when, in the physician's opinion,
7 continuing the contest could result in serious injury to the
8 boxer. The physician shall certify to the condition of the
9 contestant in writing, over his signature on blank forms
10 provided by the Department. Such reports shall be submitted
11 to the Department in a timely manner. The physician shall be
12 paid by the promoter a fee fixed by the Department. No boxing
13 contest shall be held unless a physician licensed to practice
14 medicine in all of its branches is in attendance.
15 No contest shall be allowed to begin unless at least one
16 physician and 2 trained paramedics or 2 nurses who are
17 trained to administer emergency medical care are present
18 adequate medical supervision, as set forth in subsection (3)
19 of Section 9, has been provided.
20 No contest shall be more than 12 15 rounds in length. The
21 rounds shall not be more than 3 minutes each with a one
22 minute interval between them, and no boxer shall be allowed
23 to participate in more than 12 15 rounds within 72
24 consecutive hours. At each boxing contest there shall be a
25 referee in attendance who shall direct and control the
26 contest. The referee, before each contest, shall learn the
27 name of the contestant's chief second and shall hold the
28 chief second responsible for the conduct of his assistant
29 during the progress of the match.
30 There shall be 2 judges in attendance who shall render a
31 decision at the end of each match. The decision of the
32 judges, taken together with the decision of the referee, is
33 final; or, 3 judges shall score the match with the referee
34 not scoring. The method of scoring shall be set forth in
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1 rules is to be determined by the Secretary of the Board or
2 the Supervisor of the Board.
3 During each boxing contest each contestant shall wear
4 gloves weighing not less than 6 ounces.
5 Judges, or referees, or timekeepers for contests shall be
6 assigned by the Department Director or his designee. The
7 referee, the Director, the board or any inspector appointed
8 by the Department or its representative shall have discretion
9 to declare a price, remuneration, or purse or any part of it
10 belonging to the contestant withheld if in the their judgment
11 of the Department or its representative the contestant is not
12 honestly competing. The Department shall have the authority
13 to prevent a contest or exhibition from being held and shall
14 have the authority to stop a fight for noncompliance with any
15 part of this Act or rules or when, in the judgment of the
16 Department, or its representative, continuation of the event
17 would endanger the health, safety, and welfare of the
18 contestants or spectators.
19 (Source: P.A. 85-225.)
20 (225 ILCS 105/13) (from Ch. 111, par. 5013)
21 Sec. 13. Tickets; tax. Tickets to athletic events,
22 other than an athletic event conducted at premises with an
23 indoor seating capacity of more than 17,000, shall be printed
24 in such form as the Department shall prescribe. A certified
25 sworn inventory of all tickets printed for any event shall be
26 mailed to the Department by the promoter printer not less
27 than 7 days before the event, and a sworn inventory of all
28 tickets printed for any event shall be sent to the Department
29 by the promoter within 24 hours after receipt of delivery
30 from the printer. The total number of tickets printed shall
31 not exceed the total seating capacity of the premises in
32 which the event is to be held. No tickets of admission to any
33 event, other than an athletic event conducted at premises
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1 with an indoor seating capacity of more than 17,000, shall be
2 sold except those declared on an official ticket inventory as
3 described in this Section.
4 A promoter who conducts an athletic event under this Act,
5 other than an athletic event conducted at premises with an
6 indoor seating capacity of more than 17,000, shall, within 24
7 hours after such event: (1) furnish to the Department a
8 written report verified by the promoter or his authorized
9 designee showing the number of tickets sold for the contest
10 or the actual ticket stubs and the amount of the gross
11 proceeds thereof; and (2) pay to the Department State
12 Treasurer a tax of 10% of the first $500,000 of gross
13 receipts from the sale of admission tickets, to be placed in
14 the General Revenue Fund. Also, every person, showing or
15 holding any boxing match or wrestling exhibition on a closed
16 circuit telecast viewed in this State, whether originating
17 within this State, or another state or country, where
18 admission is charged, shall register with the Department and
19 pay a $400 fee each year of registration. Registrant shall
20 be entitled to show unlimited closed circuit events during
21 the year the registration is valid. A $25 fee shall be paid
22 for each event at each location where the boxing contest or
23 wrestling exhibition is shown by a licensed Illinois
24 promoter. The Department shall prescribe rules for the
25 implementation of this registration. These closed circuit TV
26 fees shall be paid to the Department of Professional
27 Regulation.
28 (Source: P.A. 90-580, eff. 5-21-98.)
29 (225 ILCS 105/14) (from Ch. 111, par. 5014)
30 Sec. 14. Failure to report ticket sales and tax. If the
31 permit holder fails to make a report as required by Section
32 13, or if such report is unsatisfactory, the Department State
33 Treasurer may examine or cause to be examined the books and
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1 records of any such holder or his associates or any other
2 person as a witness under oath to determine the total amount
3 of tax due under this Act.
4 If it is determined that there has been a default in the
5 payment of a tax, the promoter shall be given 20 days notice
6 of the amount due which shall include the expenses incurred
7 in making the examination.
8 If the promoter does not pay the amount due he shall be
9 disqualified from obtaining a permit under this Act and the
10 Attorney General shall institute suit upon the bond filed
11 pursuant to this Act to recover the tax or penalties imposed
12 by this Act.
13 (Source: P.A. 82-522.)
14 (225 ILCS 105/15) (from Ch. 111, par. 5015)
15 Sec. 15. Inspectors. The Director may appoint inspectors
16 to assist the Department staff in the administration of the
17 Act. Such inspectors shall receive compensation $75 for each
18 day they are engaged in the transacting of business of the
19 Department. Each inspector shall carry a card issued by the
20 Department to authorize him to act in such capacity. The
21 inspector or inspectors shall supervise each event to ensure
22 that the provisions of the Act are strictly enforced. The
23 inspectors shall also be present at the counting of the gross
24 receipts and shall immediately deliver to the Department the
25 official box office statement as required by Section 13.
26 (Source: P.A. 87-1182.)
27 (225 ILCS 105/16) (from Ch. 111, par. 5016)
28 Sec. 16. Discipline and sanctions.
29 (a) The Department may refuse to issue a permit or
30 license, refuse to renew, suspend, revoke, reprimand, place
31 on probation, or take such other disciplinary action as the
32 Department may deem proper, including the imposition of fines
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1 not to exceed $5,000 $1,000 for each violation, with regard
2 to any license or permit holder for any one or combination of
3 the following reasons:
4 (1) 1. gambling, betting or wagering on the result
5 of or a contingency connected with an athletic event or
6 permitting such activity to take place;
7 (2) 2. participating in or permitting a sham or
8 fake boxing match;
9 (3) 3. holding the athletic event at any other time
10 or place than is stated on the permit application;
11 (4) 4. permitting any contestant or referees other
12 than those stated on the permit application to
13 participate in an athletic event, except as provided in
14 Section 9;
15 (5) 5. violation or aiding in the violation of any
16 of the provisions of this Act or any rules or regulations
17 promulgated thereto;
18 (6) 6. violation of any federal, State or local
19 laws of the United States or other jurisdiction governing
20 athletic events or any regulation promulgated pursuant
21 thereto;
22 (7) 7. charging a greater rate or rates of
23 admission than is specified on the permit application;
24 (8) 8. failure to obtain all the necessary permits,
25 registrations, or licenses as required under this Act;
26 (9) 9. failure to file the necessary bond or to pay
27 the gross receipts tax as required by this Act;
28 (10) 10. engaging in dishonorable, unethical or
29 unprofessional conduct of a character likely to deceive,
30 defraud or harm the public, or which is detrimental to
31 honestly conducted athletic events;
32 (11) 11. employment of fraud, deception or any
33 unlawful means in applying for or securing a permit
34 license, or registration under this Act;
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1 (12) 12. permitting a physician making the physical
2 examination to knowingly certify falsely to the physical
3 condition of a contestant;
4 (13) 13. permitting contestants of widely disparate
5 weights or abilities to engage in athletic events;
6 (14) 14. boxing while under medical suspension in
7 this State or in any other state, territory or country;
8 (15) 15. physical illness, including, but not
9 limited to, deterioration through the aging process, or
10 loss of motor skills which results in the inability to
11 participate in athletic events with reasonable judgment,
12 skill, or safety;
13 (16) 16. allowing one's license, permit, or
14 registration issued under this Act to be used by another
15 person;
16 (17) 17. failing, within a reasonable time, to
17 provide any information requested by the Department as a
18 result of a formal or informal complaint;
19 (18) 18. professional incompetence;
20 (19) 19. failure to file a return, or to pay the
21 tax, penalty or interest shown in a filed return, or to
22 pay any final assessment of tax, penalty or interest, as
23 required by any tax Act administered by the Illinois
24 Department of Revenue, until such time as the
25 requirements of any such tax Act are satisfied; and
26 (20) 20. holding or promoting an ultimate fighting
27 exhibition, or participating in an ultimate fighting
28 exhibition as a promoter, contestant, second, referee,
29 judge, scorer, manager, trainer, announcer, or timekeeper
30 ;, after the effective date of the rules required to be
31 adopted under Section 7.5 of this Act.
32 (21) habitual or excessive use or addiction to
33 alcohol, narcotics, stimulants, or any other chemical
34 agent or drug that results in an inability to participate
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1 in an event; or
2 (22) failure to stop a contest or exhibition when
3 requested to do so by the Department.
4 (b) The determination by a circuit court that a licensee
5 is subject to involuntary admission or judicial admission as
6 provided in the Mental Health and Developmental Disabilities
7 Code operates as an automatic suspension. The suspension will
8 end only upon a finding by a court that the licensee is no
9 longer subject to involuntary admission or judicial
10 admission, issuance of an order so finding and discharging
11 the licensee, and upon the recommendation of the Board to the
12 Director that the licensee be allowed to resume his or her
13 practice.
14 (c) In enforcing this Section, the Board, upon a showing
15 of a possible violation, may compel any individual licensed
16 or registered to practice under this Act, or who has applied
17 for licensure or registration pursuant to this Act, to submit
18 to a mental or physical examination, or both, as required by
19 and at the expense of the Department. The examining
20 physicians or clinical psychologists shall be those
21 specifically designated by the Board. The Board or the
22 Department may order the examining physician or clinical
23 psychologist to present testimony concerning this mental or
24 physical examination of the licensee, registrant, or
25 applicant. No information shall be excluded by reason of any
26 common law or statutory privilege relating to communications
27 between the licensee, registrant, or applicant and the
28 examining physician or clinical psychologist. Eye
29 examinations may be provided by a licensed and certified
30 therapeutic optometrist. The individual to be examined may
31 have, at his or her own expense, another physician of his or
32 her choice present during all aspects of the examination.
33 Failure of any individual to submit to a mental or physical
34 examination, when directed, shall be grounds for suspension
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1 of a license until such time as the individual submits to the
2 examination if the Board finds, after notice and hearing,
3 that the refusal to submit to the examination was without
4 reasonable cause.
5 (d) If the Board finds an individual unable to practice
6 because of the reasons set forth in this Section, the Board
7 shall require the individual to submit to care, counseling,
8 or treatment by physicians or clinical psychologists approved
9 or designated by the Board, as a condition, term, or
10 restriction for continued, reinstated, or renewed licensure
11 or registration, or in lieu of care, counseling, or
12 treatment, the Board may recommend to the Department to file
13 a complaint to immediately suspend, revoke, or otherwise
14 discipline the license or registration of the individual. Any
15 individual whose license or registration was granted pursuant
16 to this Act, or continued, reinstated, renewed, disciplined,
17 or supervised, subject to such conditions, terms, or
18 restrictions, who shall fail to comply with such conditions,
19 terms, or restrictions, shall be referred to the Director for
20 a determination as to whether the individual shall have his
21 or her license or registration suspended immediately, pending
22 a hearing by the Board.
23 (Source: P.A. 89-578, eff. 7-30-96.)
24 (225 ILCS 105/17.7 new)
25 Sec. 17.7. Restoration of suspended or revoked license or
26 registration. At any time after the suspension or revocation
27 of a license, the Department may restore it to the licensee
28 or registrant upon the written recommendation of the Board,
29 unless after an investigation and a hearing the Board
30 determines that restoration is not in the public interest.
31 (225 ILCS 105/17.8 new)
32 Sec. 17.8. Surrender of license. Upon the revocation or
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1 suspension of a license, the licensee shall immediately
2 surrender his or her license to the Department. If the
3 licensee fails to do so, the Department has the right to
4 seize the license.
5 (225 ILCS 105/17.9 new)
6 Sec. 17.9. Summary suspension of a license. The Director
7 may summarily suspend a license or registration without a
8 hearing if the Director finds that evidence in the Director's
9 possession indicates that the continuation of practice would
10 constitute an imminent danger to the public or the individual
11 involved. If the Director summarily suspends the license or
12 registration without a hearing, a hearing must be commenced
13 within 30 days after the suspension has occurred and
14 concluded as expeditiously as practical.
15 (225 ILCS 105/17.10 new)
16 Sec. 17.10. Administrative review; venue.
17 (a) All final administrative decisions of the Department
18 are subject to judicial review under the Administrative
19 Review Law and its rules. The term "administrative decision"
20 is defined as in Section 3-101 of the Code of Civil
21 Procedure.
22 (b) Proceedings for judicial review shall be commenced in
23 the circuit court of the county in which the party applying
24 for review resides, but if the party is not a resident of
25 Illinois, the venue shall be in Sangamon County.
26 (225 ILCS 105/17.11 new)
27 Sec. 17.11. Certifications of record; costs. The
28 Department shall not be required to certify any record to the
29 court, to file an answer in court, or to otherwise appear in
30 any court in a judicial review proceeding unless there is
31 filed in the court, with the complaint, a receipt from the
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1 Department acknowledging payment of the costs of furnishing
2 and certifying the record, which costs shall be determined by
3 the Department. Failure on the part of the plaintiff to file
4 the receipt in court is grounds for dismissal of the action.
5 (225 ILCS 105/17.12 new)
6 Sec. 17.12. Consent order. At any point in the
7 proceedings, both parties may agree to a negotiated consent
8 order. The consent order shall be final upon signature of the
9 Director.
10 (225 ILCS 105/18) (from Ch. 111, par. 5018)
11 Sec. 18. Investigations; notice and hearing. The
12 Department may investigate the actions of any applicant or of
13 any person or persons promoting or participating in a contest
14 or exhibition or any person holding or claiming to hold a
15 license. The Department shall, before revoking, suspending,
16 placing on probation, reprimanding, or taking any other
17 disciplinary action under this Act, at least 30 days before
18 the date set for the hearing, (i) notify the accused in
19 writing of the charges made and the time and place for the
20 hearing on the charges, (ii) direct him or her to file a
21 written answer to the charges with the Board under oath
22 within 20 days after the service on him or her of the notice,
23 and (iii) inform the accused that, if he or she fails to
24 answer, default will be taken against him or her or that his
25 or her license may be suspended, revoked, or placed on
26 probationary status or that other disciplinary action may be
27 taken with regard to the license, including limiting the
28 scope, nature, or extent of his or her practice, as the
29 Department may consider proper. At the time and place fixed
30 in the notice, the Board shall proceed to hear the charges,
31 and the parties or their counsel shall be accorded ample
32 opportunity to present any pertinent statements, testimony,
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1 evidence, and arguments. The Board may continue the hearing
2 from time to time. In case the person, after receiving the
3 notice, fails to file an answer, his or her license may, in
4 the discretion of the Department, be suspended, revoked, or
5 placed on probationary status or the Department may take
6 whatever disciplinary action considered proper, including
7 limiting the scope, nature, or extent of the person's
8 practice or the imposition of a fine, without a hearing, if
9 the act or acts charged constitute sufficient grounds for
10 that action under this Act. The written notice may be served
11 by personal delivery or by certified mail to the address
12 specified by the accused in his or her last notification with
13 the Department. If the Department refuses to grant a license
14 or a permit to an applicant, the applicant, at his option,
15 shall be entitled to a hearing before the Board.
16 (Source: P.A. 82-522.)
17 (225 ILCS 105/19) (from Ch. 111, par. 5019)
18 Sec. 19. Findings and recommendations. At the conclusion
19 of the hearing, the Board shall present to the Director a
20 written report of its findings, conclusions of law, and
21 recommendations. The report shall contain a finding of
22 whether the accused person violated this Act or its rules or
23 failed to comply with the conditions required in this Act or
24 its rules. The Board shall specify the nature of any
25 violations or failure to comply and shall make its
26 recommendations to the Director. In making recommendations
27 for any disciplinary actions, the Board may take into
28 consideration all facts and circumstances bearing upon the
29 reasonableness of the conduct of the accused and the
30 potential for future harm to the public including, but not
31 limited to, previous discipline of the accused by the
32 Department, intent, degree of harm to the public and
33 likelihood of harm in the future, any restitution made by the
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1 accused, and whether the incident or incidents contained in
2 the complaint appear to be isolated or represent a continuing
3 pattern of conduct. In making its recommendations for
4 discipline, the Board shall endeavor to ensure that the
5 severity of the discipline recommended is reasonably related
6 to the severity of the violation.
7 The report of findings of fact, conclusions of law, and
8 recommendation of the Board shall be the basis for the
9 Department's order refusing to issue, restore, or renew a
10 license, or otherwise disciplining a licensee. If the
11 Director disagrees with the recommendations of the Board, the
12 Director may issue an order in contravention of the Board
13 recommendations. The Director shall provide a written report
14 to the Board on any disagreement and shall specify the
15 reasons for the action in the final order. The finding is not
16 admissible in evidence against the person in a criminal
17 prosecution brought for a violation of this Act, but the
18 hearing and finding are not a bar to a criminal prosecution
19 brought for a violation of this Act. At the conclusion of the
20 hearing the board shall present to the Director a written
21 report of its finding and recommendation. The report shall
22 contain a finding whether or not the accused person violated
23 this Act or failed to comply with the conditions required in
24 this Act. The Board shall specify the nature of the violation
25 or failure to comply, and shall make its recommendations to
26 the Director. A copy of such report shall be served upon the
27 accused, either personally or by registered or certified
28 mail. Within 20 days after such service, the accused may
29 present to the Department his or her motion in writing for a
30 rehearing, specifying the particular ground for rehearing.
31 If the accused orders and pays for a transcript of the
32 record, the time elapsing thereafter and before such
33 transcript is ready for delivery to him or her shall not be
34 counted as part of such 20 days.
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1 The report of findings and recommendation of the board
2 shall be the basis for the Department's order of refusal or
3 for the granting of a license or permit. The finding is not
4 admissible in evidence against the person in a criminal
5 prosecution brought for the violation of this Act, but the
6 hearing and finding are not a bar to a criminal prosecution
7 brought for the violation of this Act.
8 (Source: P.A. 86-615.)
9 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
10 Sec. 19.1. Appointment of a hearing officer. The
11 Director has the authority to appoint any attorney duly
12 licensed to practice law in the State of Illinois to serve as
13 the hearing officer in any action for refusal to issue,
14 restore, or renew a license or certificate of registration or
15 discipline of a licensee or certificate holder. The hearing
16 officer has full authority to conduct the hearing. The
17 hearing officer shall report his findings of fact,
18 conclusions of law, and recommendations to the Board and the
19 Director. The Board shall have has 60 days from receipt of
20 the report to review the report of the hearing officer and
21 present its findings of fact, conclusions of law and
22 recommendations to the Director. If the Board fails to
23 present its report within the 60 day period, the Director may
24 shall issue an order based on the report of the hearing
25 officer. If the Director determines that the Board's report
26 is contrary to the manifest weight of the evidence, he may
27 issue an order in contravention of the recommendation Board's
28 report. The Director shall promptly provide a written report
29 of the Board on any deviation and shall specify the reasons
30 for the action in the final order.
31 (Source: P.A. 86-615.)
32 (225 ILCS 105/19.2 new)
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1 Sec. 19.2. Subpoenas; depositions; oaths. The Department
2 has the power to subpoena and to bring before it any person
3 and to take testimony either orally or by deposition, or
4 both, with the same fees and mileage and in the same manner
5 as prescribed in civil cases in the courts of this State.
6 The Director, the designated hearing officer, and every
7 member of the Board has the power to administer oaths to
8 witnesses at any hearing that the Department is authorized to
9 conduct and any other oaths authorized in any Act
10 administered by the Department.
11 (225 ILCS 105/19.3 new)
12 Sec. 19.3. Compelling testimony. Any circuit court, upon
13 application of the Department, designated hearing officer, or
14 the applicant or licensee against whom proceedings under this
15 Act are pending, may enter an order requiring the attendance
16 of witnesses and their testimony and the production of
17 documents, papers, files, books, and records in connection
18 with any hearing or investigation. The court may compel
19 obedience to its order by proceedings for contempt.
20 (225 ILCS 105/19.4 new)
21 Sec. 19.4. Director; rehearing. Whenever the Director
22 believes that justice has not been done in the revocation,
23 suspension, refusal to issue, restore, or renew a license, or
24 other discipline of an applicant or licensee, he or she may
25 order a rehearing by the same or other examiners.
26 (225 ILCS 105/19.5 new)
27 Sec. 19.5. Order or certified copy; prima facie proof. An
28 order or certified copy thereof, over the seal of the
29 Department and purporting to be signed by the Director, is
30 prima facie proof that:
31 (1) the signature is the genuine signature of the
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1 Director;
2 (2) the Director is duly appointed and qualified;
3 and
4 (3) the Board and its members are qualified to act.
5 (225 ILCS 105/21) (from Ch. 111, par. 5021)
6 Sec. 21. Injunctive action; cease and desist order.
7 (a) If a person violates the provisions of this Act, the
8 Director, in the name of the People of the State of Illinois,
9 through the Attorney General or the State's Attorney of the
10 county in which the violation is alleged to have occurred,
11 may petition for an order enjoining the violation or for an
12 order enforcing compliance with this Act. Upon the filing of
13 a verified petition, the court with appropriate jurisdiction
14 may issue a temporary restraining order, without notice or
15 bond, and may preliminarily and permanently enjoin the
16 violation. If it is established that the person has violated
17 or is violating the injunction, the court may punish the
18 offender for contempt of court. Proceedings under this
19 Section are in addition to, and not in lieu of, all other
20 remedies and penalties provided by this Act.
21 (b) Whenever, in the opinion of the Department, a person
22 violates any provision of this Act, the Department may issue
23 a rule to show cause why an order to cease and desist should
24 not be entered against that person. The rule shall clearly
25 set forth the grounds relied upon by the Department and shall
26 allow at least 7 days from the date of the rule to file an
27 answer satisfactory to the Department. Failure to answer to
28 the satisfaction of the Department shall cause an order to
29 cease and desist to be issued. Engaging in athletic events by
30 any licensed or unlicensed person in violation of this Act is
31 declared to be inimical to the public welfare and to be a
32 public nuisance. The Department may conduct hearings and
33 issue cease and desist orders with respect to persons engaged
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1 in activities prohibited by this Act. Any person in
2 violation of a cease and desist order entered by the
3 Department shall be subject to a civil penalty payable to the
4 party injured by the violation in an amount up to $10,000.
5 Also, an action to enjoin any person from such unlawful
6 activity may be maintained in the name of the People of the
7 State of Illinois by the Attorney General, by the State's
8 Attorney of the county in which the action is brought, by the
9 Department or by any resident citizen. This remedy shall be
10 in addition to other remedies provided for violation of this
11 Act.
12 (Source: P.A. 82-522.)
13 (225 ILCS 105/23) (from Ch. 111, par. 5023)
14 Sec. 23. Fees. The fees for the administration and
15 enforcement of this Act including, but not limited to,
16 original licensure, renewal, and restoration shall be set by
17 rule. The following fees shall are not be refundable.:
18 1. The fee for a permit to hold an athletic event shall
19 be $25.
20 2. The fee for a license as a boxing promoter shall be
21 $300 and the fee for renewal shall be calculated at the rate
22 of $150 per year.
23 3. The fee for a license as a boxing promoter shall be
24 $300 and the fee for renewal shall be calculated at the rate
25 of $150 per year.
26 4. The fee for a license as boxing contestant shall be
27 $20 and the fee for renewal shall be calculated at the rate
28 of $10 per year.
29 5. The fee for a license as a referee shall be $100 and
30 the fee for renewal shall be calculated at the rate of $50
31 per year.
32 6. The fee for a license as a judge shall be $10 and the
33 fee for renewal shall be calculated at the rate of $5 per
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1 year.
2 7. The fee for a license as a manager shall be $50 and
3 the fee for renewal shall be calculated at the rate of $25
4 per year.
5 8. The fee for a license as a trainer (second) shall be
6 $10, and the fee for renewal shall be calculated at the rate
7 of $5 per year.
8 9. The fee for a license as a timekeeper shall be $50
9 and the fee for renewal shall be calculated at the rate of
10 $25 per year.
11 10. The fee for a registration of a wrestling promoter
12 shall be $300 and the fee for renewal shall be calculated at
13 the rate of $150 per year.
14 (Source: P.A. 82-522; revised 10-28-98.)
15 (225 ILCS 105/25.1 new)
16 Sec. 25.1. Medical Suspension. A licensee who is
17 determined by the examining physician to be unfit to compete
18 or officiate shall be immediately suspended until it is shown
19 that he or she is fit for further competition or officiating.
20 If the licensee disagrees with a medical suspension set at
21 the discretion of the ringside physician, he or she may
22 request a hearing to show proof of fitness. The hearing shall
23 be provided at the earliest opportunity after the Department
24 receives a written request from the licensee.
25 If the referee has rendered a decision of technical
26 knockout against a boxing contestant or if the contestant is
27 knocked out other than by a blow to the head, the boxing
28 contestant shall be immediately suspended for a period of not
29 less than 30 days.
30 If the boxing contestant has been knocked out by a blow
31 to the head, he or she shall be suspended immediately for a
32 period of not less than 45 days.
33 Prior to reinstatement, any boxing contestant suspended
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1 for his or her medical protection shall satisfactorily pass a
2 medical examination upon the direction of the Department. The
3 examining physician may require any necessary medical
4 procedures during the examination.
5 (225 ILCS 105/3 rep.)
6 (225 ILCS 105/4 rep.)
7 (225 ILCS 105/9 rep.)
8 Section 10. The Professional Boxing and Wrestling Act is
9 amended by repealing Sections 3, 4, and 9.
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