Ala. Code § 41-9-1021

Current through the 2024 Regular Session.

Section 41-9-1021 - Definitions

As used in this article, the following terms shall have the following meanings:

(1) AMATEUR. An individual who engages in a match, contest, or exhibition of boxing, tough man contests, wrestling, mixed martial arts, or other form of unarmed combat, for no compensation or thing of value for participating, which is governed or authorized by any of the following:

a. U.S.A. Boxing.

b. The Alabama High School Athletic Association.

c. The National Collegiate Athletic Association.

d. Amateur Athletic Union.

e. Golden Gloves.

f. The local affiliate of any organization listed in this subdivision.

g. USA Wrestling.

h. The National Junior College Athletic Association.

i. The National Association of Intercollegiate Athletics.

j. The National Collegiate Wrestling Association.

k. Any organization licensed by the commission.

(2) BARE KNUCKLE BOXING. The original form of boxing, involving two individuals fighting without boxing gloves or other padding on their hands.

(3) BOXING MATCH. A contest between two individuals in which contestants score points in rounds of two or three minutes by striking with gloved fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by the blows, which contest is held in a square ring supervised by a referee and scored by three judges.

(4) BOXING REGISTRY. A registry created or designated pursuant to subsection (k) of Section 41-9-1024.

(5) CHARITABLE ORGANIZATION. An entity described by either of the following:

a. Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)).

b. Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. § 170(c)).

(6) COMMISSION. The Alabama Athletic Commission.

(7) EXHIBITION. A contest where the participants engage in the use of boxing skills and techniques, bare knuckle skills and techniques, tough man skills and techniques, wrestling skills and techniques, or mixed martial arts skills and techniques, or any or all of these, and where the objective is to display the skills and techniques without striving to win.

(8) FACE VALUE. The dollar value of a ticket or order shall reflect the dollar amount that the customer shall pay in order to view the match, contest, exhibition, or entertainment event. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes.

(9) GROSS RECEIPTS. Any of the following:

a. The gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges.

b. The face value of all tickets sold.

(10) MANAGER. An individual who, under contract, agreement, or other arrangement with a boxer, bare knuckle boxer, or a mixed martial arts competitor, undertakes to control or administer, directly or indirectly, a matter on behalf of a boxer or a mixed martial arts competitor. The term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant.

(11) MATCHMAKER. A person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing, bare knuckle boxing, or mixed martial arts between opponents or who proposes professional matches, contests, or exhibitions of boxing, bare knuckle boxing, or mixed martial arts and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible.

(12) MIXED MARTIAL ARTS. Unarmed combat involving the use of any combination of techniques from different disciplines of the martial arts, including, without limitation, grappling, submission holds, throws, and striking or kicking with the hands, feet, knees, or elbows. The term mixed martial arts includes kickboxing.

(13) PERSON. An individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.

(14) PHYSICIAN. A doctor of medicine or doctor of osteopathy licensed to practice medicine in the State of Alabama.

(15) PROFESSIONAL. A person who is participating or has participated in a match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts which is not governed or authorized by one or more of the organizations listed in subdivision (1) and any of the following:

a. Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts.

b. Is participating or has participated in any match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry.

c. Is participating or has participated in any match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts which is or was filmed, broadcast, or transmitted for viewing.

d. Is participating or has participated in any match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.

(16) PROFESSIONAL MATCH OF BOXING, BARE KNUCKLE BOXING, WRESTLING, MIXED MARTIAL ARTS, OR UNARMED COMBAT. A boxing match, contest, or exhibition; a bare knuckle boxing match, contest, or exhibition; a wrestling match; a mixed martial arts match, contest, or exhibition; or other unarmed combat match, contest, or exhibition, which is not governed or authorized by one or more of the organizations listed in subdivision (1) and which does any of the following:

a. Rewards a boxer, bare knuckle boxer, wrestler, mixed martial arts competitor, or other unarmed combat competitor participating with cash as a salary, purse, or prize for such participation.

b. Requires for admission payment of a ticket or other evidence of the right of entry.

c. Is filmed, broadcast, or transmitted for viewing.

d. Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.

(17) PROFESSIONAL WRESTLING. Any organized event between two unarmed contestants in which participants compete primarily for the purpose of providing entertainment to spectators that may or may not comprise a bona fide athletic contest or competition.

(18) PROMOTER. The person primarily responsible for organizing, promoting, and producing a match, contest, or exhibition of professional boxing, bare knuckle boxing, tough man contest, professional wrestling, or mixed martial arts and who is legally responsible for the lawful conduct of the professional match, contest, or exhibition.

(19) PURSE or RING EARNINGS. The financial guarantee or any other remuneration, or part thereof, which a professional boxer, bare knuckle boxer, wrestler, or mixed martial arts competitor participating in a match, contest, or exhibition will receive and includes any share of any payment received for radio broadcasting, television, or motion picture rights.

(20) TOUGH MAN CONTEST. A boxing match and tournament where each contestant wears headgear and oversized gloves. A contestant in a tough man contest is not an amateur or a professional and cash prizes may be awarded.

(21) UNARMED COMBAT. Any form of competition between human beings in which both of the following occurs:

1. One or more blows are struck which may reasonably be expected to inflict injury on a human being.

2. There is some compensation or commercial benefit arising from such competition, whether in the form of cash or non-cash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise.

Ala. Code § 41-9-1021 (1975)

Amended by Act 2021-518,§ 1, eff. 5/26/2021.

Amended by Act 2019-491,§ 1, eff. 9/1/2019.

Amended by Act 2013-285,§ 1, eff. 5/21/2013.

Act 2009-622, p. 1872, § 2; Act 2010-222, p. 392, § 1; Act 2011-164, § 3.