TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 4

STATE ATHLETIC COMMISSION

54-420.  Prohibitions — Penalties — Injunctions. (1) Any person conducting or participating in contests or exhibitions within this state without first having obtained a license or sanctioning permit in the manner provided in this chapter is in violation of the provisions of this chapter.

(2)  It is unlawful for any promoter or person associated with or employed by any promoter to destroy any ticket or ticket stub, whether sold or unsold, within three (3) months after the date of any contest or exhibition.

(3)  The striking of any individual who is not a licensed combatant in that particular contest or exhibition shall constitute grounds for suspension, revocation or both of a license issued pursuant to the provisions of this chapter.

(4)  Any person violating any of the provisions of this chapter or the rules of the commission for which no penalty is otherwise herein provided, upon conviction, shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than one thousand dollars ($1,000) or by incarceration in the county jail for not more than thirty (30) days or by both such fine and incarceration. The commission shall suspend or revoke the license of any person convicted of violating the provisions of this chapter and the rules of the commission.

(5)  In addition to other penalties provided by law if, after a hearing in accordance with the provisions of this chapter and the rules of the commission, the commission shall find any person to be in violation of any of the provisions of this chapter, such person may be subject to an administrative penalty equal to the greater of five hundred dollars ($500) or one percent (1%) of gross receipts received for each violation. Each day a person is in violation of the provisions of this chapter and the rules of the commission may constitute a separate violation. All administrative penalties collected pursuant to the provisions of this subsection shall be deposited in the state treasury to the occupational licenses fund. Upon the request of the commission or its agent, the attorney general may institute action to enforce the administrative penalties imposed pursuant to this subsection in the district court for Ada county.

(6)  Upon the request of the commission or its agent, the county prosecutor in the county where a violation has occurred or is about to occur may make application to the district court in the county for an order enjoining the acts or practices prohibited by the provisions of this chapter and the rules of the commission, and upon a showing that the person has engaged or is about to engage in any of the prohibited acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court.

History:

[(54-420) 54-418, added 1992, ch. 229, sec. 2, p. 686; am. and redesig. 2004, ch. 385, sec. 20, p. 1160; am. 2007, ch. 149, sec. 15, p. 455; am. 2009, ch. 93, sec. 13, p. 279; am. 2010, ch. 311, sec. 8, p. 838.]