CHAPTER 20-7
ATHLETIC COMMISSION
20-7-1 Authority.
The Prairie Band Potawatomi Nation Tribal Council is empowered to exercise the legislative authority of the Prairie Band Potawatomi Nation pursuant to Article V of the Prairie Band Potawatomi Nation Constitution. Formation of the Prairie Band Potawatomi Athletic Commission, herein after the “Athletic Commission”, is an exercise of the inherent sovereign authority of the Prairie Band Potawatomi Nation.
20-7-2 Purpose.
(A) The Prairie Band Potawatomi Nation desires to form an Athletic Commission offer both professional and amateur sport activities on the Prairie Band Potawatomi Nation. The Athletic Commission shall regulate, by licensure, permitting and rules and regulations, including penalties and sanctions, all sporting events held between licensed contestants within the boundaries of the Prairie Band Potawatomi Nation; provided that all rules and regulations promulgated by the Athletic Commission shall not be in effect unless and until approved by Resolution of the Prairie Band Potawatomi Nation Tribal Council.
(B) For purposes of this Section, a “professional” event means a contest between individuals for financial compensation
(C) The Athletic Commission shall also have the authority to regulate at its discretion, amateur sport activities held within the boundaries of the Prairie Band Potawatomi Nation.
(D) The Athletic Commission shall regulate its own operations through development of by-laws consistent with the provisions of this Section.
(Amended by PBP TC No. 2008-064, March 6, 2008)
20-7-3 Membership and Term of Membership of Commission.
(A) Prairie Band Potawatomi Athletic Commission shall be comprised of three members including one member of the Tribal Council. Athletic Commission members shall be appointed by Resolution of the Prairie Band Potawatomi Nation Tribal Council. The Tribal Council reserves the right at any time and for any reason to remove members of the Athletic Commission by Tribal Council Resolution.
(B) Upon adoption of this Section by the Prairie Band Potawatomi Nation Tribal Council, the Council shall be Resolution appoint the Athletic Commission members. The Commission members shall serve initial terms as follows: two years for two of the members and three years for the third member. At the expiration of these initial terms, the Tribal Council shall appoint the successors for a term of two years.
20-7-4 Commission Qualifications.
(A) Two members of the Athletic Commission shall have experience and knowledge in the conduct and regulation of sporting activities.
(B) Members of the Athletic Commission during their term of office, shall not be involved in the promotion of professional sporting activities that are regulated by the Athletic Commission.
20-7-5 Conflict of Interest.
No member of the Athletic Commission may belong to, contract with, or receive any compensation from any person who sanctions, arranges, or promotes a professional boxing event or contest or who otherwise has a financial interest in an active boxer currently registered with a boxer registry. The Athletic Commission may enter into a contract with any professional boxing commission of a tribe or state to supervise a professional boxing event or contest in the Prairie Band Potawatomi Nation or to carry out provisions of this Code. The supervision of a professional boxing event or contest or regulation of professional boxing on the Nation under this Code by a professional boxing commission of any state under an agreement or contract with the Commission shall not be construed as authorizing the extension of state law to the Nation.
20-7-6 Budget; Staff
It is expected that the Commission shall be self-supporting, either through the assessment of licensing fees or the assessment of other charges against on-reservation sport activities regulated by the Commission. The Commission may hire staff as necessary and appropriate, and as the Commission’s budget permits. Any staff of the Commission shall be subject to the Nation’s personnel policies. The Commission may appoint inspectors and other agents as may be necessary to assist in performing the powers, duties, and functions of the Commission.
20-7-7 Athletic Tax.
The Commission shall collect a tax imposed on the gross receipts of every regulated sports contest held by the Commission. The tax shall be five percent, a fixed amount which, together with all other revenues of the Commission, shall be sufficient to support the administration and enforcement of the duties of the Commission.
20-7-8 Athletic Fund.
There is hereby established an Athletic Fund (“Fund”) to be administered by the Commission. All moneys received by or for the Commission from fees, charges, penalties or taxes shall be deposited to the credit of the Fund. All moneys credited to the Fund shall be expended for the administration of the powers, duties, functions, and operating expenses of the Commission. All expenditures from the Fund shall be made in accordance with the requirements of the financial policies and procedures of the Commission.
20-7-9 Licenses; Conditions of Issuance.
(A) The Commission shall not issue any license to hold professional boxing, professional wrestling, professional kickboxing, or professional full-contact karate contests on the Reservation unless the following requirements are met:
(1) Such contests are sponsored by a promoter licensed by the Commission;
(2) Such contests are no more than twelve rounds each with three minutes duration per round; and
(3) In such contests a decision shall be rendered by three judges licensed by the Commission.
(B) The Commission shall accept applications and my issue licenses to referees, judges, physicians, manager, contestants, timekeepers, seconds, promoters and matchmakers for regulated sports contests. A license issued under this subsection and each renewal:
(1) Shall expire on June 30 of the year succeeding the year the license was issued, unless revoked for cause.
(2) Shall be renewable from year to year upon filing a renewal application prior to the expiration of such license and payment of the applicable fee.
(Amended by PBP TC No. 2008-074, March 19, 2008)
20-7-10 Mandatory Medical Suspensions. Medically Retired Persons.
(A) In order to protect the health and welfare of the contestants, there shall be a mandatory medical suspension of any contestant who loses consciousness or who has been injured as a result of blows received to the head or body during a regulated sports contest, bout or semi-professional elimination contest. A medical suspension shall be for a period of time not to exceed 180 days. The determination of consciousness is to be made only by a physician licensed by the State of Kansas and licensed by the Commission pursuant to this code. Prior to releasing a contestant from medical suspension, the Commission may require the contestant to undergo any medical test deemed necessary to prove such contestant is medically fit. Medical suspensions issued in accordance with this section shall not be subject to review by any court or tribunal.
(B) Any person who has been injured in such a manner that such person is unable to compete as a contestant in regulated sports in the future shall be deemed medically retired. A person with a status of medically retired shall not compete in any events governed by this act and shall not be eligible for licensure as a contestant. A determination of medical retirement shall not be subject to any court or tribunal.
20-7-11 Prohibition of Prize Fights
Any professional boxing event or contest conforming to the requirements of this code and to the rules and regulations of this Commission shall be deemed to be a professional boxing event or contest and not a prize fight.
20-7-12 Complaints against licensees; refusal to issue license; grounds.
(A) Any person wishing to make a complaint against a licensee shall file the written complaint with the Commission setting forth supporting details. If the Commission determines that the complaint warrants a hearing to determine whether the licensee shall be disciplined, the Commission shall hold a hearing in a reasonable manner and enter a final decision. Any person holding more than one license issued by the Commission and disciplined under one license will be automatically disciplined under all licenses. The licensee may appeal the Commission’s decision with the tribal court and the court shall hear the appeal applying the “arbitrary and capricious” standard of review to the decision of the Commission.
(B) The Commission may refuse to issue any license for one or more of the following reasons specified in this section. The Commission shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of their right to appeal the decision of the Commission with the tribal court. The tribal court shall hear the appeal applying the “arbitrary and capricious” standard of review to the decision of the Commission.
(C) The Commission may file an action with the tribal court against any holder of a license issued by the Commission, or against any person who has failed to renew their license or who has failed to surrender their license for any of the following reasons:
(1) Use of an alcoholic beverage or any controlled substance before or during a bout.
(2) The person has been found guilty or has entered a plea of guilty or nolo contendere in a criminal prosecution under any tribal, state or federal law for any offense reasonably related to the qualifications, functions or duties of any tribal, state or federal law for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this section, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed.
(3) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to this section.
(4) Intentionally providing false information on applications or medical forms.
(5) Incompetence, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performing of the functions or duties of any profession licensed or regulated by this act.
(6) Impersonating any license holder or allowing any person to use the licensee’s license.
(7) Failing to put forth the best effort during the bout.
(8) Disciplinary action against a holder of a license or other right to practice any profession regulated by this section and issued by another tribe, state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this Nation.
(9) Adjudged mentally incompetent by a court of competent jurisdiction.
(10) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation primarily is directed.
(11) Violating or enabling any person to violate any provision of this section or any rule and regulation adopted pursuant to this section.
(12) Disruptive conduct at regulated sports contests, including the use of foul or abusive language or mannerisms or threats of physical harm by any person associated with any bout or contest licensed pursuant to this section.
(13) Issuance of a license based upon a mistake of fact.
(14) Use of grease, ointments, strong smelling liniment, drugs which cause nausea or harmful reactions, liquids or powders or illegal substances is prohibited during a regulated sports contest.
(D) The appeal of a final decision by the Commission shall be heard in tribal court with the “arbitrary and capricious” standard of review to the decision of the Commission. If the Judge finds, under such standard of review, that a person has violated one or more of the grounds specified in this section, the judge may limit and condition the license for a period not to exceed five years, suspend the person’s license for a period not to exceed three years, or may revoke the person’s license or may remand the case to the Commission which shall determine an appropriate sanction.
(E) The Commission may refuse to issue a license to any person who has violated any of the grounds specified in this section.
20-7-13 Liability Insurance.
The promoter of any regulated sports contest, as a condition for conducting a professional boxing event, shall file a surety bond in an amount to be determined by the Commission, but not less than ten thousand dollars. Said surety bond is conditioned upon the faithful performance by the promoter of the provisions of these rules, and the payment of the athletic tax, officials, and contracts as provided for herein and the observance of all rules of the Commission.
20-7-14 Bout Contracts Required.
(A) The promoter of a regulated sports contest shall sign written bout contracts with each professional contestant. Original bout contracts shall be filed with the Commission prior to the contest as required by rules of the Commission. The bout contract shall be on a form supplied by the Commission and contain at least the following:
(1) The weight of the contestant at weigh-in;
(2) The amount of the purse to be paid for the contest;
(3) The date and location of the contest;
(4) The glove size allotted for each contestant;
(5) Any other payment or consideration provided to the contestant;
(6) List of all fees, charges, and expenses including training expenses that will be assessed to the contestant or deducted from the contestant’s purse;
(7) Any advances paid to the contestant before the bout;
(8) The amount of any compensation or consideration that a promoter has contracted to receive in connection with the bout or contest;
(9) The signature of the promoter and contestant;
(10) Any information required by the office.
(B) If the bout contract between a contestant and promoter is changed, the promoter shall provide the Commission with the amended contract containing all contract changes at least two hours prior to the scheduled start time of the regulated sports contest. The amended contract shall comply with all requirements for original bout contracts and shall contain the signature of the promoter and contestant.
(C) The promoter of a regulated sports contest shall not be a manager for a contestant who is contracted for ten rounds or more at the event.
(D) Prior to the start of the contest, the promoter shall provide payment for the fees of the contest officials to the Commission. The form of payment shall be at the discretion of the Commission.
(Amended by PBP TC No. 2008-064, March 6, 2008)