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2015 Minnesota Statutes

CHAPTER 341. COMBATIVE SPORTS

Table of Sections
Section Headnote
341.01 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.02 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.03 [Repealed, 1975 c 136 s 77]
341.04 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.045 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.05 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.06 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.07 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.08 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.09 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.10 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.11 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.115 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.12 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.13 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.14 [Repealed, 1975 c 136 s 77]
341.15 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.21 DEFINITIONS.
341.22 [Repealed, 2012 c 278 art 3 s 10]
341.221 ADVISORY COUNCIL.
341.23 LIMITATIONS.
341.24 [Repealed, 2012 c 278 art 3 s 10]
341.25 RULES.
341.26 [Repealed, 2012 c 278 art 3 s 10]
341.27 COMMISSIONER DUTIES.
341.271 GIFT AUTHORITY.
341.28 REGULATION OF COMBATIVE SPORT CONTESTS.
341.29 JURISDICTION OF COMMISSIONER.
341.30 LICENSURE REQUIREMENTS.
341.31 [Repealed, 2008 c 300 s 52; 2008 c 363 art 10 s 35]
341.32 LICENSE FEES; EXPIRATION; RENEWAL.
341.321 FEE SCHEDULE.
341.33 PHYSICAL EXAMINATION REQUIRED; FEES.
341.34 INSURANCE.
341.35 UNLICENSED EVENTS; MISDEMEANOR.
341.355 CIVIL PENALTIES.
341.37 APPROPRIATION.
341.01 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.02 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.03 [Repealed, 1975 c 136 s 77]
341.04 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.045 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.05 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.06 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.07 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.08 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.09 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.10 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.11 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.115 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.12 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.13 [Repealed, 1999 c 223 art 2 s 80 para (c)]
341.14 [Repealed, 1975 c 136 s 77]
341.15 [Repealed, 1999 c 223 art 2 s 80 para (c)]

341.21 DEFINITIONS.

Subdivision 1.Applicability.

The definitions in this section apply to this chapter.

Subd. 2.Boxing.

"Boxing" means the act of attack and defense with the fists, using padded gloves, that is practiced as a sport under the rules of the Association of Boxing Commissions, or equivalent. Where applicable, boxing includes tough person contests.

Subd. 2a.Combatant.

"Combatant" means an individual who employs the act of attack and defense as a boxer, tough person, martial artist, or mixed martial artist while engaged in a combative sport.

Subd. 2b.Combative sport.

"Combative sport" means a sport that employs the act of attack and defense with the fists, with or without using padded gloves, or feet that is practiced as a sport under the rules of the Association of Boxing Commissions, unified rules for mixed martial arts, or their equivalent. Combative sports include professional boxing and professional and amateur tough person and professional and amateur mixed martial arts contests.

Subd. 2c.Combative sports contest.

"Combative sports contest" means a professional boxing, a professional or amateur tough person, or a professional or amateur martial art contest or mixed martial arts contest, bout, competition, match, or exhibition.

Subd. 3.

[Repealed, 2012 c 278 art 3 s 10]

Subd. 3a.Commissioner.

"Commissioner" means the commissioner of labor and industry or a duly designated representative of the commissioner who is either an employee of the Department of Labor and Industry or a person working under contract with the department.

Subd. 4.

[Renumbered subd 2c]

Subd. 4a.

[Repealed, 2012 c 278 art 3 s 10]

Subd. 4b.HBV.

"HBV" means the hepatitis B virus with the e-antigen present in the most recent blood test.

Subd. 4c.HCV.

"HCV" means the hepatitis C virus.

Subd. 4d.HIV.

"HIV" means the human immunodeficiency virus.

Subd. 4e.Individual.

"Individual" means a living human being.

Subd. 4f.

[Renumbered subd 4g]

Subd. 4f.Martial art.

"Martial art" means a variety of weaponless disciplines of combat or self-defense that utilize physical skill and coordination, and are practiced as combat sports. The disciplines include, but are not limited to, Wing Chun, kickboxing, Tae kwon do, savate, karate, Muay Thai, sanshou, Jiu Jitsu, judo, ninjitsu, kung fu, Brazilian Jiu Jitsu, wrestling, grappling, tai chi, and other weaponless martial arts disciplines.

Subd. 4g.

[Renumbered subd 4h]

Subd. 4g.Mixed martial arts contest.

"Mixed martial arts contest" means a combat sport in which combatants are permitted to use a wide range of fighting techniques and is a contest between two or more individuals consisting of any combination of two or more full contact martial art disciplines.

Subd. 4h.

[Renumbered subd 4f]

Subd. 4h.Person.

"Person" means an individual, corporation, partnership, limited liability company, organization, or other business entity organized and existing under law, its officers and directors, or a person holding 25 percent or more of the ownership of a corporation that is authorized to do business under the laws of this state.

Subd. 5.Professional.

"Professional" means any person who competes for any money prize or a prize that exceeds the value of $50 or teaches, pursues, or assists in the practice of a combative sport as a means of obtaining a livelihood or pecuniary gain.

Subd. 6.

[Repealed by amendment, 2008 c 300 s 20]

Subd. 7.Tough person contest.

"Tough person contest," including contests marketed as tough man or tough woman contests, means a contest of two-minute rounds consisting of not more than four rounds between two or more individuals who use their hands, or their feet, or both in any manner. Tough person contest includes kickboxing and other recognized martial art contest.

Subd. 8.

[Repealed by amendment, 2008 c 300 s 20]

341.22 [Repealed, 2012 c 278 art 3 s 10]

341.221 ADVISORY COUNCIL.

(a) The commissioner must appoint a Combative Sports Advisory Council to advise the commissioner on the administration of duties under this chapter.

(b) The council shall have nine members appointed by the commissioner. One member must be a retired judge of the Minnesota District Court, Minnesota Court of Appeals, Minnesota Supreme Court, the United States District Court for the District of Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have knowledge of the boxing industry. At least four members must have knowledge of the mixed martial arts industry. The commissioner shall make serious efforts to appoint qualified women to serve on the council.

(c) Council members shall serve terms of four years with the terms ending on the first Monday in January.

(d) The council shall annually elect from its membership a chair.

(e) Meetings shall be convened by the commissioner, or by the chair with the approval of the commissioner.

(f) The commissioner shall designate two of the members to serve until the first Monday in January 2013; two members to serve until the first Monday in January 2014; two members to serve until the first Monday in January 2015; and three members to serve until the first Monday in January 2016.

(g) Removal of members, filling of vacancies, and compensation of members shall be as provided in section 15.059.

341.23 LIMITATIONS.

No member of the council may directly or indirectly promote a contest, directly or indirectly engage in the managing of a combatant, or have an interest in any manner in the proceeds from a combative sport contest.

341.24 [Repealed, 2012 c 278 art 3 s 10]

341.25 RULES.

(a) The commissioner may adopt rules that include standards for the physical examination and condition of combatants and referees.

(b) The commissioner may adopt other rules necessary to carry out the purposes of this chapter, including, but not limited to, the conduct of all combative sport contests and their manner, supervision, time, and place.

(c) The commissioner must adopt unified rules for mixed martial arts contests.

(d) The commissioner may adopt the rules of the Association of Boxing Commissions, with amendments.

341.26 [Repealed, 2012 c 278 art 3 s 10]

341.27 COMMISSIONER DUTIES.

The commissioner shall:

(1) issue, deny, renew, suspend, or revoke licenses;

(2) make and maintain records of its acts and proceedings including the issuance, denial, renewal, suspension, or revocation of licenses;

(3) keep public records of the council open to inspection at all reasonable times;

(4) develop rules to be implemented under this chapter;

(5) conform to the rules adopted under this chapter;

(6) develop policies and procedures for regulating boxing and mixed martial arts;

(7) immediately suspend an individual license for a medical condition, including but not limited to a medical condition resulting from an injury sustained during a match, bout, or contest that has been confirmed by the ringside physician. The medical suspension must be lifted after the commissioner receives written information from a physician licensed in the home state of the licensee indicating that the combatant may resume competition, and any other information that the commissioner may by rule require. Medical suspensions are not subject to section 326B.082 or the contested case procedures provided in sections 14.57 to 14.69; and

(8) immediately suspend an individual combatant license for a mandatory rest period, which must commence at the conclusion of every combative sports contest in which the license holder competes and does not receive a medical suspension. A rest suspension must automatically lift after seven calendar days from the date the combative sports contest passed without notice or additional proceedings. Rest suspensions are not subject to section 326B.082 or the contested case procedures provided in sections 14.57 to 14.69.

341.271 GIFT AUTHORITY.

The commissioner may apply for, receive, and expend grants and gifts of money consistent with the powers and duties specified in section 341.27. The commissioner may accept gifts, bequests, grants, payments for services, and other public and private money to help finance the activities required under this chapter.

341.28 REGULATION OF COMBATIVE SPORT CONTESTS.

Subdivision 1.Regulatory authority; combative sports.

All combative sport contests within this state must be conducted according to the requirements of this chapter.

Subd. 1a.Regulatory authority; boxing contests.

All professional boxing contests are subject to this chapter. Every combatant in a boxing contest shall wear padded gloves that weigh at least eight ounces. Officials at all boxing contests must be licensed under this chapter.

Subd. 2.Regulatory authority; tough person contests.

All professional and amateur tough person contests are subject to this chapter. All tough person contests are subject to Association of Boxing Commissions rules. Every contestant in a tough person contest shall have a physical examination prior to their bouts. Every contestant in a tough person contest shall wear padded gloves that weigh at least 12 ounces. All tough person bouts are limited to two-minute rounds and a maximum of four total rounds. Officials at all tough person contests shall be licensed under this chapter.

Subd. 3.Regulatory authority; mixed martial arts contests; similar sporting events.

All professional and amateur mixed martial arts contests, martial arts contests except amateur contests regulated by the Minnesota State High School League (MSHSL), recognized martial arts studios and schools in Minnesota, and recognized national martial arts organizations holding contests between students, ultimate fight contests, and similar sporting events are subject to this chapter and all officials at these events must be licensed under this chapter.

341.29 JURISDICTION OF COMMISSIONER.

The commissioner shall:

(1) have sole direction, supervision, regulation, control, and jurisdiction over all combative sport contests that are held within this state unless a contest is exempt from the application of this chapter under federal law;

(2) have sole control, authority, and jurisdiction over all licenses required by this chapter;

(3) grant a license to an applicant if, in the judgment of the commissioner, the financial responsibility, experience, character, and general fitness of the applicant are consistent with the public interest, convenience, or necessity and the best interests of combative sports and conforms with this chapter and the commissioner's rules;

(4) deny, suspend, or revoke a license using the enforcement provisions of section 326B.082, except that the licensing reapplication time frames remain within the sole discretion of the commissioner; and

(5) serve final nonlicensing orders in performing the duties of this chapter which are subject to the contested case procedures provided in sections 14.57 to 14.69.

341.30 LICENSURE REQUIREMENTS.

Subdivision 1.Licensure; individuals.

All referees, judges, promoters, trainers, ring announcers, timekeepers, ringside physicians, combatants, managers, and seconds are required to be licensed by the commissioner. The commissioner shall not permit any of these persons to participate in any matter with any combative sport contest unless the commissioner has first issued the person a license.

Subd. 2.Entity licensure.

Before participating in the holding, promoting, or conducting of any combative sport contest, a corporation, partnership, limited liability company, or other business entity organized and existing under law shall obtain a license from the commissioner and must be authorized to do business under the laws of this state.

Subd. 3.Background investigation.

The commissioner may require referees, judges, promoters, and combatants to furnish fingerprints and background information under commissioner rules before licensure. The commissioner shall charge a fee for receiving fingerprints and background information in an amount determined by the commissioner. The commissioner may require referees, judges, promoters, and combatants to furnish fingerprints and background information before license renewal. The fee may include a reasonable charge for expenses incurred by the commissioner or the Department of Public Safety. For this purpose, the commissioner and the Department of Public Safety may enter into an interagency agreement.

Subd. 4.Prelicensure requirements.

(a) Before the commissioner issues a promoter's license to an individual, corporation, or other business entity, the applicant shall, a minimum of six weeks before the combative sport contest is scheduled to occur, complete a licensing application on the Office of Combative Sports Web site or on forms furnished or approved by the commissioner and shall:

(1) provide the commissioner with a copy of any agreement between a combatant and the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage of the gate receipts;

(2) show on the licensing application the owner or owners of the applicant entity and the percentage of interest held by each owner holding a 25 percent or more interest in the applicant;

(3) provide the commissioner with a copy of the latest financial statement of the applicant;

(4) provide the commissioner with a copy or other proof acceptable to the commissioner of the insurance contract or policy required by this chapter;

(5) provide proof, where applicable, of authorization to do business in the state of Minnesota; and

(6) deposit with the commissioner a cash bond or surety bond in an amount set by the commissioner, which must not be less than $10,000. The bond shall be executed in favor of this state and shall be conditioned on the faithful performance by the promoter of the promoter's obligations under this chapter and the rules adopted under it.

(b) Before the commissioner issues a license to a combatant, the applicant shall:

(1) submit to the commissioner the results of a current medical examination on forms furnished or approved by the commissioner. The medical examination must include an ophthalmological and neurological examination, and documentation of test results for HBV, HCV, and HIV, and any other blood test as the commissioner by rule may require. The ophthalmological examination must be designed to detect any retinal defects or other damage or condition of the eye that could be aggravated by combative sports. The neurological examination must include an electroencephalogram or medically superior test if the combatant has been knocked unconscious in a previous contest. The commissioner may also order an electroencephalogram or other appropriate neurological or physical examination before any contest if it determines that the examination is desirable to protect the health of the combatant. The commissioner shall not issue a license to an applicant submitting positive test results for HBV, HCV, or HIV;

(2) complete a licensing application on the Office of Combative Sports Web site or on forms furnished or approved by the commissioner; and

(3) provide proof that the applicant is 18 years of age. Acceptable proof is a photo driver's license, state photo identification card, passport, or birth certificate combined with additional photo identification.

341.32 LICENSE FEES; EXPIRATION; RENEWAL.

Subdivision 1.Annual licensure.

The commissioner may establish and issue annual licenses subject to the collection of advance fees by the commissioner for promoters, managers, judges, referees, ring announcers, ringside physicians, timekeepers, combatants, trainers, and seconds.

Subd. 2.Expiration and application.

Licenses expire annually on December 31. A license may be applied for each year by filing an application for licensure and satisfying all licensure requirements established in section 341.30, and submitting payment of the license fees established in section 341.321. An application for a license and renewal of a license must be on a form provided by the commissioner.

341.321 FEE SCHEDULE.

(a) The fee schedule for professional and amateur licenses issued by the commissioner is as follows:

(1) referees, $80;

(2) promoters, $700;

(3) judges and knockdown judges, $80;

(4) trainers and seconds, $80;

(5) ring announcers, $80;

(6) timekeepers, $80;

(7) professional combatants, $70;

(8) amateur combatants, $50;

(9) managers, $80; and

(10) ringside physicians, $80.

In addition to the license fee, an individual who applies for a license within the 48 hours preceding when the combative sporting event is held shall pay a late fee of $100 plus the original license fee.

(b) The commissioner shall establish a contest fee for each combative sport contest and shall consider the size and type of venue when establishing a contest fee. The professional combative sport contest fee is $1,500 per event or not more than four percent of the gross ticket sales, whichever is greater, as determined by the commissioner when the combative sport contest is scheduled. The amateur combative sport contest fee shall be $1,500 or not more than four percent of the gross ticket sales, whichever is greater.

(c) A professional or amateur combative sport contest fee is nonrefundable and shall be paid as follows:

(1) $500 at the time the combative sport contest is scheduled; and

(2) $1,000 at the weigh-in prior to the contest.

If four percent of the gross ticket sales is greater than $1,500, the balance is due to the commissioner within 24 hours of the completed contest.

(d) The commissioner may establish the maximum number of complimentary tickets allowed for each event by rule.

(e) All fees and penalties collected by the commissioner must be deposited in the commissioner account in the special revenue fund.

341.33 PHYSICAL EXAMINATION REQUIRED; FEES.

Subdivision 1.Examination by physician.

All combatants must be examined by a physician licensed by this state within 36 hours before entering the ring, and the examining physician shall immediately file with the commissioner a written report of the examination. The physician's examination may report on the condition of the combatant's heart and general physical and general neurological condition. The physician's report may record the condition of the combatant's nervous system and brain as required by the commissioner. The physician may prohibit the combatant from entering the ring if, in the physician's professional opinion, it is in the best interest of the combatant's health. The cost of the examination is payable by the promoter conducting the contest or exhibition.

Subd. 2.Attendance of physician.

A promoter holding or sponsoring a combative sport contest shall have in attendance a physician licensed by this state. The commissioner may establish a schedule of fees to be paid to each attending physician by the promoter holding or sponsoring the contest.

341.34 INSURANCE.

Subdivision 1.Required insurance.

The commissioner shall:

(1) require insurance coverage for a combatant to provide for medical, surgical, and hospital care for injuries sustained in the ring in an amount of at least $10,000 and payable to the combatant as beneficiary; and

(2) require life insurance for a combatant in the amount of at least $10,000 payable in case of accidental death resulting from injuries sustained in the ring.

Subd. 2.Payment for insurance.

The cost of the insurance required by this section is payable by the promoter.

341.35 UNLICENSED EVENTS; MISDEMEANOR.

Any person or persons who send or cause to be sent, published, or otherwise made known, any challenge to fight what is commonly known as a prize fight, or engage in any public combative sport match or contest, with or without gloves, for any prize, reward, or compensation, or for which any admission fee is charged directly or indirectly, or go into training preparatory for the fight, exhibition, or contest, or act as a trainer, aider, abettor, backer, umpire, referee, second, surgeon, assistant, or attendant at the fight, exhibition, or contest, or in any preparation for same, and any owner or lessee of any ground, building, or structure of any kind permitting the same to be used for any fight, exhibition, or contest, is guilty of a misdemeanor unless the licenses required for the holding of the fight, exhibition, or contest have been issued by the commissioner in compliance with the rules adopted by it.

341.355 CIVIL PENALTIES.

When the commissioner finds that a person has violated one or more provisions of any statute, rule, or order that the commissioner is empowered to regulate, enforce, or issue, the commissioner may impose, for each violation, a civil penalty of up to $10,000 for each violation, or a civil penalty that deprives the person of any economic advantage gained by the violation, or both.

341.37 APPROPRIATION.

A combative sports account is created in the special revenue fund. Money in the account is annually appropriated to the commissioner for the purposes of conducting its statutory responsibilities and obligations under this chapter.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569