North Carolina § 143-654 - Licensing and permitting.

§ 143-654. Licensing and permitting.

License and Permit Required. - Except for sanctioned amateur matches, it is unlawful for any person to act in this State as an announcer, contestant, judge, manager, matchmaker, promoter, referee, timekeeper, or second unless the person is licensed to do so under this Article. It is unlawful for a promoter to present a match in this State, other than a sanctioned amateur match, unless the promoter has a permit issued under this Article to do so. The Commission has the exclusive authority to issue, deny, suspend, or revoke any license or permit provided for in this Article. License. - All licenses issued under this Article shall be valid only during the calendar year in which they are issued, except contestant licenses shall be valid for one year from the date of issuance. A license for an announcer, contestant, judge, matchmaker, referee, timekeeper, or second shall be issued only to a natural person. A natural person shall not transfer or assign a license or change it into another name. A license for a manager or promoter may be issued to a corporation or partnership; provided, however, that all officers or partners shall submit an application for individual licensure, and only those officers or partners who are licensed shall be entitled to negotiate or sign contracts. The addition of a new officer or partner during the license period shall necessitate the filing of an application for individual licensure by the new officer or partner. Surety Bond. - An applicant for a promoter's license must submit, in addition to any other forms, documents, or exhibits requested by the Commission, a surety bond payable to the Commission for the benefit of any person injured or damaged by (i) the promoter's failure to comply with any provision of this Article or any rules adopted by the Commission or (ii) the promoter's failure to fulfill the obligations of any contract related to the holding of a match. The surety bond shall be issued in an amount to be no less than ten thousand dollars ($10,000). The amount of the surety bond shall be negotiable upon the sole discretion of the Commission. All surety bonds shall be upon forms approved and supplied by the Commission. Permit. - A permit issued to a promoter under this Article is valid for a single match. An applicant for a permit shall file with the Commission the appropriate nonrefundable fee and any forms or documents the Commission may require. An applicant for a license shall file with the Commission the appropriate nonrefundable fee and any forms, documents, medical examinations, or exhibits the Commission may require in order to properly administer this Article. The information requested shall include the date of birth and social security number of each applicant as well as any other personal data necessary to positively identify the applicant and may include the requirement of verification of any documents the Commission deems appropriate. A person may not participate under a fictitious or assumed name in any match unless the person has first registered the name with the Commission. History (1995, c. 499, s. 1; 1997-504, s. 4; 1998-23, s. 18; 1998-212, s. 19.11(c), (g); 1999-237, s. 20.3(b); 2004-124, s. 18.2(e); 2006-264, s. 22(a); 2007-490, s. 4; 2011-145, s. 19.1(g), (n); 2014-100, s. 17.1(xxx); 2019-203, ss. 9(b), 12(c).) Editor's Note. - 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. 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, 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 2007-490, s. 4, effective August 30, 2007, in subsection (c), substituted "match" for "boxing event" at the end of the first sentence, and substituted "ten thousand dollars" for "five thousand dollars" and "$10,000" for "$5,000" in the second sentence. 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" in subsection (c). Session Laws 2011-145, s. 19.1(n), effective January 1, 2012, substituted "Section" for "Division" throughout the section. Session Laws 2014-100, s. 17.1(xxx), effective July 1, 2014, substituted "Branch" for "Section" throughout this section. Session Laws 2019-203, s. 9(b), effective October 1, 2019, substituted "ALE Division" for "Branch" throughout the section. Session Laws 2019-203, s. 12(c), substituted "Commission" for "ALE Division" throughout this section; and rewrote the last sentence of subsection (c), which formerly read: "All surety bonds shall be upon forms approved by the Secretary of Public Safety and supplied by the ALE Division." For effective date and applicability, see editor's note.