99- 650 C.M.R. ch. 1, § 6-3

Current through 2024-51, December 18, 2024
Section 650-1-6-3 - Promoters' Duties
A. Notify the Authority of Contest Dates and Officials
1. A promoter shall secure the employment of officials for a mixed martial arts competition, exhibition, or event from a list of officials maintained by the Authority. The Authority shall provide a current list of officials to all duly- certificated promoters upon request.
2. A promoter shall provide the Authority with at least 30 days' advance notice of any desired event date. The Authority may, in its discretion and in consideration of other pending or potential requests for event dates, approve the promoter's request.
3. A promot or shall provide the Authority with a proposed list of officials at least 10 days prior to the date which the Authority has approved for a competition, exhibition, or event. If an official on the list is not properly certificated, the Authority shall require the promoter to submit the name of an alternate official who is duly certificated.
4. The Authority may approve a promoter's request for an event date change, if it receives such request no later than 45 days in advance of the proposed new date. In considering a request, the Authority may take in to account how that date change will affect the interests of the requesting promoter, other promoters, and other interested persons. Whether to grant a request is wholly a matter of the Authority's discretion. The Authority may require that a new event fee be paid.
B. Ensure Presence of Referees

A promoter shall ensure that every mixed martial arts competition is refereed by a duly-certificated referee. The Authority requires that there be two or more referees at each mixed martial arts competition, exhibition, or event.

C. Ensure Presence and Compensation of Inspectors

A promoter shall ensure that every mixed martial arts event has present the number of inspectors deemed appropriate by the Authority and that those inspectors fulfill to the satisfaction of the Authority obligations set forth in Chapter 10 of these rules. A promoter shall select inspectors from a list of qualified individuals maintained by the Authority. A promot or shall ensure that inspectors are paid no less than $75.00 as an initial fee and are paid an additional fee of $15.00 per hour for each hour that an event exceeds five hours in length.

D. Ensure Presence of Attending Physicians

A promoter shall ensure that every mixed martial arts event is attended by at least two physicians who are licensed to practice medicine in the State of Maine and certificated by the Authority. The promoter shall ensure that the attending physicians perform all duties required by Authority rules.

E. Ensure Certification of Participants
1. A promoter shall ensure that all event participants required to be certificated are certificated before permitting them to participate in any capacity at any mixed martial arts competition, exhibition, or event. Promoters will be held liable for all unpaid fees due for certification of participants.
2. Persons desiring certification as a participant in mixed martial arts events must apply for certificates using forms furnished by the Authority. Application must be made as soon as possible, usually no later than 10 days before an event. The Authority will issue certificates as late as weigh-ins and on the day of the event, but only for good cause shown.
3. A promoter shall forward to the Authority completed applications and fees collected from applicants for certification as authorized event participants.

Upon approval of the applications and receipt of the fees, the Authority will issue certificates. The Authority may issue a receipt for the fee paid, which will serve as a temporary certificate until a permanent certificate is issued.

F. Submit Fight Card for Approval 1. A promoter shall submit to the Authority for its initial approval a proposed fight card at least 30 days in advance of a scheduled event.
2. A promoter must immediately notify the Authority of any changes to a fight card. Substitutions may be made only with the approval of the Authority or a duly-appointed Authority member. Relevant circumstances considered will include a fighters' win/loss records, fighting experience, demonstrated skill, and physical condition. When it approves a match, the Authority will notify the matchmaker and promoter.
3. No later than two weeks prior to a scheduled event, a promoter shall enter an event's fight card into the mixedmartialarts.com database. Results will be posted to the database after the event.
G. Provide Insurance for Events and Participants

At least 30 days prior to a scheduled event, a promoter shall file with the Authority a certificate or certificates of insurance showing event liability coverage for every certificated person who will be participating in the event. Coverage must be to limits of at least $500,000 per occurrence and $1,000,000 in the aggregate for the event. The certificate(s) must show that the promoter is bonded to the Authority for financial obligations set forth in Authority rules. The certificate(s) must also show the existence of accident coverage for all competitors and accident or workers' compensation insurance for all other certificated persons who will be participating in the event.

H. Make Financial Disclosures to the Authority
1. A promoter shall not receive any compensation related directly or indirectly to a mixed martial arts contest until he/she provides the Authority:
a. A copy of any written agreement between the promoter and a competitor in the match;
b. A statement made under penalty of perjury that there are no other agreements, written or oral, between the promoter and a competitor with respect to that match; and
c. A statement made under penalty of perjury of:
i. All fees, charges, and expenses that will be assessed the competitor by the promoter or promoter's agent, including any portion of the competitor's purse that the promoter will receive and training expenses;
ii. All payments, gifts, or benefits the promoter is providing to any organization affiliated with the event; and
iii. Any reduction in a competitor's purse contrary to a previous agreement between the promoter and the competitor or a purse bid held for the event.
2. A promoter shall not receive any compensation related directly or indirectly to a mixed martial arts contest until he/she discloses to a competitor promoted:
a. The amounts of any compensation or consideration contracted for or to be received from such match;
b. All fees, charges, and expenses pertaining to the event that will be assessed by or through the promoter on the competitor, including any portion of the competitor's purse that the promoter will receive and training expenses; and c. Any reduction in a competitor's purse contrary to a previous agreement between the promoter and the competitor or a purse bid held for the event.

A promoter shall make information required to be disclosed under this section available to the Authority and the Attorney General upon request.

I. Submit a Fight Agreement

No later than 30 days prior to a fight, a promoter shall provide the Authority with a copy of a signed and dated fight agreement for each fighter scheduled to compete. At minimum, a fight agreement must contain the following information:

1. The date, time, and location of the event at which the fighter will compete;
2. The number of rounds in each competition;
3. The date, time, and location of the weigh-in preceding the competition;
4. The weight at which the competitor will fight;
5. The amount of the purse which the fighter will receive; and
6. Any financial set-off from the fighter's purse.
J. Provide Police and Fire Protection
1. A promoter shall provide adequate police protection at all mixed martial arts events. What constitutes adequate police protection is solely within the purview of the Authority to determine.
2. A promoter shall obtain certification from the local fire chief that the facility where the mixed martial arts event will take place is safe for public use. A promoter shall provide a copy of such certificate to the Authority at least 10 days prior to the date of a scheduled event.
3. No mixed martial arts event shall be allowed to continue without adequate police protection and certification from the local fire chief that the scheduled venue is safe.
K. Ensure Presence of an Ambulance

A promoter shall ensure that at least one ambulance shall be present at all mixed martial arts events, from the commencement of the first contest, throughout the duration of the event, and until the last competitor leaves the event venue. No mixed martial arts event shall continue, if an ambulance is not present.

L. Ensure Presence of Emergency Medical Technicians

A promoter shall ensure that at least two emergency medical technicians ("EMTs") are present at martial arts events, from commencement of the first contest, throughout the duration of the event, and until the last competitor leaves the venue. No mixed martial arts event shall continue if an EMT leaves the arena and thus reduces the number of EMTs present to fewer than two, until a replacement EMT is present.

M. Provide Emergency Medical Facilities and Equipment

A promoter must provide adequate medical information, facilities, and equipment, including but not limited to a stretcher and emergency oxygen adjacent to the fighting area. The Authority must approve all such medical information, facilities, and equipment.

N. Attend Weigh-ins

A promoter or her/his representative shall always be present during a weigh-in to complete all paperwork required by the Authority.

O. Provide Seating for Attending Physicians

A promoter shall provide seating for each attending physician at all mixed martial arts events. The seats must be located near the fighting, preferably on a raised platform, and give physicians an unobstructed view of the fighting area.

P. Provide Seating for Judges

A promoter shall provide the judges with seating on several sides of the fighting area, preferably on a raised platform, commanding an unobstructed view of the entire fighting area. The judges shall be isolated from all other attendees by at least the space of one seat on each side and to the front and rear.

Q. Provide Seating for Authority Members

A promoter shall provide Authority members cages ides eating with an unobstructed view of the entire fighting area.

R. Provide Public Address Announcer

A promoter shall provide a public-address announcer at all mixed martial arts events and shall ensure that the following information is announced over the public-address system or from the center of the fighting area:

1. Prior to the start of any contest, the names of the referees, judges, physicians, and representatives of the Authority in attendance;
2. Prior to the start of any contest, the fact that the competition, exhibition, or event is sanctioned by the Authority; and
3. During the event program. any change of officials made.
S. Provide Event Equipment A promoter shall ensure the provision of all equipment for the proper conduct of mixed martial events, including without limitation the following:
1. Suitable watches for timekeepers and a bell or gong for starting and ending rounds;
2. Gloves for all competitors, which must be approved by an inspector certificated by the Authority. Competitors shall not supply their own gloves;
3. A clean water bucket and a clean and clear plastic water bottle in each competitor's corner;
4. An adequate supply of disposable latex, laboratory gloves of a type approved by the Authority for use by seconds, referees, attending physicians, inspectors, and other authorized participants; and
5. Clean grappling mats suitable for fighters to warm up on and a cleaning solution of disinfectant for the mats. The Authority must approve the size and condition of the mats.
T. Ensure that Professionals Do Not Fight Amateurs

A promoter shall not schedule a mixed martial arts competition between a professional competitor and an amateur competitor. An amateur competitor will lose amateur standing, if she/he participates in any competition against a professional competitor.

U. Ensure Timely Arrival of Competitors

A promoter shall ensure that all competitors arrive at the fight venue at least two hours prior to the first scheduled fight, to be weighed in, checked by a physician, dressed, gloved, and (for amateurs) paired with an opponent.

V. Ensure Ticket Collection

A promoter shall ensure that all tickets for competitions, exhibitions, or events are collected in accordance with requirements established by the Authority.

W. Remit Monies to the Authority

No later than three business days after an event, a promoter shall remit to the Authority monies equal to five percent of the value of all tickets distributed for event attendees. The "value of all tickets" means the total amount of money received in payment from attendees or prospective attendees plus the total face value of tickets distributed without receipt of monetary payment to attendees or prospective attendees." The total face value of tickets distributed without receipt of monetary payment" means the total of usual dollar amounts which would have been required payment for tickets had they been issued in exchange for monetary payment. With the remittance of monies, a promoter shall file with the Authority objectively verifiable documentary proof that the amount remitted is correct. The Authority shall determine the form of such proof.

The Authority may waive a promoter's obligation to remit up to 100 percent of the value of tickets not issued in exchange for monetary payment ("comp tickets"), if it determines that such tickets were issued for a reason justifying waiver, e.g., provision of the tickets to a charitable organization. In determining whether such waiver is justified, the Authority must consider a verifiable accounting for tickets. The promoter is responsible for providing that accounting.

99- 650 C.M.R. ch. 1, § 6-3