North Carolina § 143-651 - Definitions.

§ 143-651. Definitions.

The following definitions apply in this Article: Amateur. - A person who is not receiving or competing for and has never received or competed for any purse or other article or thing of value for participating in a match. Announcer. - Any person who engages in the act of announcing a match. Boxer. - Any person who engages as a participant in a boxing match. Boxing match. - A match where the participants engage in the use of full contact boxing techniques (using the fist only), and where the object of a match is to win by decision, knockout (KO), or technical knockout (TKO). Repealed by Session Laws 2019-203, s. 6, effective October 1, 2019. Commission. - The Boxing Commission. Repealed by Session Laws 2004-124, s. 18.2.(a), effective July 1, 2004. Contest. - A match in which the participants strive to win. Contestant. - Any person who engages as a participant in a boxing, kickboxing, or mixed martial arts match, or toughman event. Division or ALE Division. - The Alcohol Law Enforcement Division of the Department of Public Safety. Exhibition. - A match where the participants display their skills and technique without necessarily striving to win. Judge. - A person who has a vote in determining the winner of any match or contest. Kickboxer. - Any person who engages as a participant in a kickboxing match. Kickboxing match. - A match in which the participants engage in full contact martial arts fighting techniques using the hands and the feet, and where the object of the match is to win by decision, knockout (KO), or technical knockout (TKO). Licensee. - Any person, club, corporation, organization, or association to whom a license has been issued pursuant to the provisions of this Article. Manager. - Any person who controls or administers the affairs of any contestant, and who: By contract, agreement, or other arrangement with any person undertakes or has undertaken to represent in any way the interest of the contestant in any professional contest in which the contestant is to participate and is entitled under that contract, agreement, or arrangement to receive monetary or other compensation for his or her services, without regard to the sources of the compensation. The term "manager" shall not be construed to mean any attorney licensed to practice in this State whose participation in the activities is restricted solely to representing the interests of a professional contestant as a client. Directs or controls the professional activities of any professional contestant. Receives or is entitled to receive a percentage of the gross purse or gross income of any professional contest. Match. - Any boxing, kickboxing, or mixed martial arts contest or exhibition, or toughman event, and includes any event, engagement, sparring or practice session, show or program where the public is admitted and in which there is intended to be physical contact, whether an exhibition or contest. This definition does not include training or practice sessions when no admission is charged. Matchmaker. - A person through whom matches are arranged for participants and who otherwise assists participants in procuring engagement dates. Mixed martial artist. - Any person who engages as a participant in a mixed martial arts match. Mixed martial arts. - A form of sporting martial arts that uses a variety of martial arts techniques to deliver blows with the hands, elbows, and any part of the leg below the hip, including the knee and foot, and also uses boxing, wrestling, and grappling techniques. Natural person. - An individual. Participant. - Any person who engages in a match or exhibition and performs as a boxer, kickboxer, or mixed martial artist. Person. - An individual, group of individuals, business, corporation, limited liability company, partnership, or any other individual or collective entity. Physician. - An individual licensed to practice medicine in this State. Professional. - Any person who is licensed as a contestant and receives compensation for participating in matches. Promoter. - Any person who produces, arranges, stages, holds, or gives any match in North Carolina involving a professional participant. Referee. - The official who shall enter and remain in the ring for the duration of a match and shall enforce the rules and maintain order in the ring. Ring official. - Any person who performs an official function for the duration of a match. Sanctioned amateur. - A person who competes in a sanctioned amateur match. Sanctioned amateur match. - Any match regulated by an amateur sports organization that has been recognized and approved by the Commission. Second. - Any person who will work or be present in the corner of a participant for the duration of a match. Repealed by Session Laws 2014-100, s. 17.1(yyy), effective July 1, 2014. Timekeeper. - Any person who will operate the clock or watch for the duration of a match for the purpose of keeping the official time of the match. Toughman contestant. - Any person who competes in a toughman event. Toughman event. - An elimination program of matches in which (i) the contestants are not professional boxers, (ii) the finalist receives a purse or other article of value, (iii) the participants engage in the use of full contact boxing techniques, and (iv) the object of each match is to win by decision, knockout (KO), or technical knockout (TKO). Repealed by Session Laws 2007-490, s. 1, effective August 30, 2007. Unarmed combat. - A match consisting of any combination of boxing, kicking, wrestling, hitting, punching, or other combative contact techniques which may reasonably be expected to inflict injury to opponents. History (1995, c. 499, s. 1; 1997-504, s. 1; 1998-23, s. 18; 1998-212, s. 19.11(g); 2004-124, ss. 18.2(a), (b), (e); 2006-264, s. 22(c); 2007-490, s. 1; 2011-145, ss. 19.1(g), (n); 2014-100, s. 17.1(yyy); 2019-203, ss. 6, 12(c).) Editor's Note. - Session Laws 2004-124, s. 18.2(e), as amended by Session Laws 2006-264, s. 22(a), provides: "With the exception of G.S. 143-655 , the word 'Commission' shall be replaced with 'Division' every place that word appears in Article 68 of Chapter 143 of the General Statutes." Session Laws 2004-124, s. 18.2(g), provides: "The Department of Crime Control and Public Safety shall use funds available from salary reserves to reclassify the two positions in the North Carolina State Boxing Commission and transfer them to the Alcohol Law Enforcement Division." Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'." Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year." Session Laws 2004-124, s. 33.5, contains a severability clause. Former subsection (7a) defined "Division" as the Alcohol Law Enforcement Division of the Department of Crime Control and Public Safety. Session Laws 2011-145, s. 19.1(n), substituted "Alcohol Law Enforcement Section" for "Alcohol Law Enforcement Division" and "Section" for "Division." At the direction of the Revisor of Statutes, former subdivision (7a) has been redesignated (24a) to preserve alphabetical order. Session Laws 2019-203, s. 12(b), provides: "The Boxing Advisory Commission created under G.S. 143-652.2 is transferred to the Department of Commerce and is renamed the 'Boxing Commission.' This transfer has all of the elements of a Type II transfer, as described in G.S. 143A-6 , except that the management functions of the Commission shall not be performed under the direction and supervision of the Secretary of Commerce." Session Laws 2019-203, s. 12(g), provides: "The Boxing Authority Section of the Alcohol Law Enforcement Division of the Department of Public Safety, referenced in Chapter 10 of Title 14B of the North Carolina Administrative Code, is abolished." Session Laws 2019-203, s. 12(j), provides: "The implementation of this section shall not affect any investigation pursuant to Article 68 of Chapter 143 of the General Statutes ongoing as of the effective date of this section [October 1, 2019]. Any hearing or proceeding pursuant to Article 68 of Chapter 143 of the General Statutes ongoing as of the effective date of this section shall continue. Prosecutions for offenses or violations committed prior to the effective date of this section are not abated or affected by this section, and the statutes that would be applicable but for this section shall remain applicable to those prosecutions." Session Laws 2019-203, s. 13 made the amendments to this section by Session Laws 2019-203, s. 12(c), effective October 1, 2019, and applicable to (i) applications for a license or permit submitted on or after that date, (ii) contracts entered into on or after that date, and (iii) offenses and violations committed on or after that date. Effect of Amendments. - Session Laws 2004-124, ss. 18.2(a), (b), and (e), effective July 1, 2004, repealed former subdivision (5), which defined "Commission" as the "North Carolina Boxing Commission"; added subsection (7a); and substituted "Division" for "Commission" throughout the section. Session Laws 2006-264, s. 22(c), effective August 27, 2006, deleted "North Carolina Boxing Commission" at the end of subdivision (23b). Session Laws 2007-490, s. 1, effective August 30, 2007, rewrote the section. For applicability, see Editor's note. Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" wherever it appears. Session Laws 2011-145, s. 19.1(n), effective January 1, 2012, substituted "Section" for "Division" in subsections (23b) and (24a). Session Laws 2014-100, s. 17.1(yyy), effective July 1, 2014, added subdivision (4a); substituted "Branch" for "Section" in subdivision (23b); and deleted former subdivision (24a), which read: "Section. - The Alcohol Law Enforcement Section of the Department of Public Safety." Session Laws 2019-203, s. 6, effective October 1, 2019, deleted former subdivision (4a); added subdivision (7a); and substituted "ALE Division" for "Branch" in subdivision (23b). Session Laws 2019-203, s. 12(c), added subdivision (4b); and substituted "Commission" for "ALE Division" in subdivision (23b). For effective date and applicability, see editor's note. § 143-652: Repealed by Session Laws 2004-124, s. 18.2.(a), effective July 1, 2004.