In this subtitle, “license” means a license issued by the Commission. In this subtitle, “license” includes: a license to participate as a boxer in a contest; a license to participate as a professional kick boxer in a contest; a license to participate as an amateur kick boxer in a contest; a license to participate as a wrestler in a contest; a license to participate as a professional mixed martial arts contestant in a contest; a license to participate as an amateur mixed martial arts contestant in a contest; a license to act as a manager for a contestant; a license to act as a referee in a contest; a license to act as a judge in a contest; a license to act as a second in a contest; a license to act as a matchmaker of a contest; and a license to act as a promoter of a contest.

Except as provided in subsection (b) of this section, this subtitle does not apply to: intercollegiate, interscholastic, or intramural boxing, kick boxing, or wrestling; amateur boxing conducted under the supervision of a nationally recognized amateur organization; martial arts where: contact to the body is permitted in only a restrained manner; contact to the head is not permitted; and no contact is permitted that may result, or is intended to result, in physical harm to an opponent; or a mixed martial arts exhibition. Each boxer shall wear protective headgear in each amateur boxing match or exhibition.

This section does not apply to an individual authorized to participate as a wrestler or a contestant or to act as a manager, referee, judge, second, matchmaker, or promoter in a contest in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article. A person may not participate as a wrestler or contestant in a contest in the State unless the person has an appropriate license. A person may not act as a manager, referee, judge, second, matchmaker, or promoter in a contest in the State unless the person has an appropriate license.

A licensee shall be examined by a licensed physician who is chosen by the Commission and who specializes in neurology or neurosurgery prior to the licensee’s first appearance as a contestant in a kick boxing, boxing, or mixed martial arts contest following the issuance or renewal of a license. The Commission shall pay the cost of the neurological examination required under this section from license fees collected under this subtitle.

Each applicant for a license to participate as a contestant in a contest shall present documentary evidence, satisfactory to the Commission, that: within the prior 90–day period, the applicant has been tested for the presence of: antibodies to the human immunodeficiency virus (HIV); the antigen of virus hepatitis B; and antibodies to virus hepatitis C; and the results of all tests are negative. Whenever directed by the Commission, an individual who is licensed to participate as a contestant in a contest shall present documentary evidence, satisfactory to the Commission, that: within 90 days prior to participating in a contest, the individual has been tested for the presence of: antibodies to the human immunodeficiency virus (HIV); the antigen of virus hepatitis B; and antibodies to virus hepatitis C; and the results of all tests are negative. A test for the presence of HIV conducted under the provisions of this section shall be conducted in accordance with the provisions of Title 4, Subtitle 3 and § 18–336 of the Health – General Article. If the Commission denies a license, suspends or revokes a license, denies renewal of a license, or does not allow an individual to participate in a contest because of the failure of the individual to comply with this section, the Commission shall keep the information confidential and may not disclose the reason for its action. A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent conviction.

An applicant for a license shall: submit to the Commission an application on the form that the Commission provides; and pay to the Commission an application fee of: $10 for a license to participate as a wrestler or contestant in a contest or to act as a second in a contest; $15 for a license to act as a referee or judge in a contest; $25 for a license to act as a manager of a contestant; $25 for a license to act as a matchmaker of a contest; or $150 for a license to act as a promoter of a contest. The application shall contain the information that the Commission requires by regulation.

An applicant for a license to act as a promoter of a contest shall execute a surety bond to be given to the State for the benefit of each person who may be interested in the payment of the expenses incurred in connection with the contest. The surety bond shall be: in the amount of: $2,000; or any greater amount that the Commission requires; in a form that the Commission approves; with a surety that the Commission approves; and conditioned on the payment, within the time that the Commission sets, of all expenses incurred in connection with the contest.

The Commission shall issue a license to each applicant who meets the requirements of this subtitle.

A boxer license authorizes the licensee to participate as a boxer in a contest. A professional kick boxer license authorizes the licensee to participate as a professional kick boxer in a contest. An amateur kick boxer license authorizes the licensee to participate as an amateur kick boxer in a contest. A wrestler license authorizes the licensee to participate as a wrestler in a contest. A professional mixed martial arts contestant license authorizes the licensee to participate as a professional mixed martial arts contestant in a contest. An amateur mixed martial arts contestant license authorizes the licensee to participate as an amateur mixed martial arts contestant in a contest. A manager license authorizes the licensee to act as a manager of a contestant. A referee license authorizes the licensee to act as a referee in a contest. A judge license authorizes the licensee to act as a judge in a contest. A second license authorizes the licensee to act as a second in a contest. A matchmaker license authorizes the licensee to act as a matchmaker of a contest. A promoter license authorizes the licensee to act as a promoter of a contest.

A license expires on the first anniversary of its effective date.

Subject to the hearing provisions of § 4–311 of this subtitle, the Commission may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee: fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person; fraudulently or deceptively uses a license; violates this title; or violates a regulation adopted under this title. Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Commission may impose a penalty of up to $5,000 for each violation. To determine the amount of the penalty imposed under this subsection, the Commission shall consider: the seriousness of the violation; the good faith of the violator; any previous violations; the assets of the violator; and the harmful effect of the violation on the general public and the sporting industry. In addition to the grounds in subsection (a) of this section, the Commission may deny a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license to an applicant or suspend or revoke a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license if the Commission finds that the applicant or licensee is not fit, based on the neurological examination required under §§ 4–304 and 4–314 of this subtitle and the recommendation of the physician who made the examination. Subject to the hearing provisions of § 4–311 of this subtitle, the Commission may suspend or revoke a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license and may order the boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant to forfeit the purse or other compensation from the contest if the contestant: refuses to submit to a drug test required under § 4–315(b) of this subtitle; or submits a urine or blood sample that tests positive for the presence of a controlled dangerous substance defined in § 5–101 of the Criminal Law Article or other substance that the Commission prohibits by regulation, including human growth hormones, steroids, or other performance enhancing drugs. Subject to the hearing provisions of § 4–311 of this subtitle, the Commission shall deny a promoter license to an applicant or revoke a promoter license if the applicant or licensee: fails to pay the boxing and wrestling tax required under Title 6 or Title 13 of the Tax – General Article; or holds or participates in a fake boxing, wrestling, or mixed martial arts contest. If a person fails to pay the boxing and wrestling tax, the Commission shall: impose a penalty not exceeding $5,000; and act to enforce the bond of the promoter.

Except as otherwise provided in § 10-226 of the State Government Article, before the Commission takes any final action under § 4-310 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Commission. The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Commission may administer oaths in a proceeding under this section. If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter.

A party to a proceeding before the Commission who is aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

A person may hold a contest in the State only if it is authorized by the Commission and is in accordance with this subtitle.

The Commission shall require an individual to be examined by a licensed physician who is chosen by the Commission and who specializes in neurology or neurosurgery before the individual may participate as a contestant in a contest in the State if: the individual has participated as a contestant in more than 12 contests in or out of the State; a ringside physician recommends the examination; or in 2 successive contests the individual: receives a technical knockout as a result of a neurological injury; or is knocked out. The Commission shall pay the cost of the neurological examination required under this section from the license fees collected under this subtitle. On the basis of the neurological examination and the recommendation of the physician who conducts the examination, the Commission may find that the individual is not fit and may prohibit the individual from participating in a contest in the State.

A contestant shall be allowed to enter the ring only if: a physician approved by the Commission declares the contestant to be physically fit; and the contestant has complied with § 4–304.1 of this subtitle. Each contestant in a contest shall submit to: a chemical test of the urine or blood of the contestant to detect the presence of a controlled dangerous substance defined in § 5–101 of the Criminal Law Article or other substance that the Commission prohibits by regulation; and subject to paragraph (2) of this subsection, a test of the blood or urine of the contestant to detect the presence of performance enhancing drugs, including: human growth hormones; and anabolic steroids. A contestant shall be required to submit to a blood or urine test under paragraph (1)(ii) of this subsection if: there is reasonable cause to believe the contestant has used a substance prohibited by regulation; the contestant was randomly selected by lottery; or the contestant has a documented or otherwise verified history of drug use within the 5 years immediately preceding the date of the contest. The Commission shall set the length in rounds of each contest. The Commission shall adopt regulations to ensure the safety of individuals who participate in amateur or professional mixed martial arts contests. In developing the regulations, the Commission shall consider: appropriate limits on acceptable maneuvers; time limits for contest rounds; and rules for termination of a contest.

A wrestler or contestant who participates in a fake contest: for the first offense, shall be prohibited for a period of 6 months beginning immediately after the offense from participating in a contest that is held by a person licensed to act as a promoter of a contest; and for the second offense, shall be disqualified from attendance at or participation in a contest that is held by a person licensed to act as a promoter of a contest.

To protect the general public, the promoter of a contest shall have the price of seats at the contest published in at least 2 newspapers of general circulation in the county in which the contest is held. The advertisement shall be in a space that is at least 2 inches by 3 inches.

A promoter may not allow the sale or exchange of a ticket or complimentary ticket for an amount that exceeds the box office price.

A building or other structure that is used or intended to be used, wholly or partly, for a contest shall be ventilated properly and have fire exits and escapes in conformance with local law.

A promoter may not allow a person who does not have an appropriate license to participate as a wrestler or contestant in a contest or to act as a manager, referee, judge, second, or matchmaker in a contest.

A manager, second, matchmaker, promoter, or principal may not accept money or a gift from a boxer, exhibitor of boxing, kick boxer, wrestler, or mixed martial arts contestant in return for a special privilege or for discriminating in making a match.

A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $2,000, six months imprisonment, or both. The Commission may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation. In setting the amount of the penalty, the Commission shall consider: the seriousness of the violation; the harm caused by the violation; the good faith of the violator; any history of previous violations by the violator; and any other relevant factors. The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

The Commission may seek an ex parte, interlocutory, or final injunction from a circuit court if it concludes that a person: conducts or attempts to conduct a contest that is not under the control and jurisdiction of the Commission in violation of § 4-205(a) of this title; or participates or attempts to participate in a contest in the absence of a valid license issued by the Commission in violation of § 4-303 of this subtitle. The injunctive relief may be sought from the circuit court of any county in which the contest is to be held or where the individual who is alleged to be violating this subtitle resides or has its principal place of business. When seeking an injunction under this section, the Commission is not required to: file a bond; or show a lack of adequate remedy at law.