North Carolina Administrative Code › Title 14B - Public Safety › Chapter 10 - BOXING AUTHORITY › Section .0400 - PERMITS, LICENSING AND CONTRACTS › Section 10 .0404 - DUTIES OF PROMOTERS AND MATCHMAKERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				promoter or matchmaker shall not act as a promoter or matchmaker for any boxing
				or kickboxing match in this State unless the match is held in accordance with
				the rules in this Chapter.
(b) Any
				person licensed as an individual shall have sole ownership of the license and
				the license is not transferable or assignable to another. If the person is no
				longer in business, the license is void.
(c) Any license issued to and in the name of
				a corporation is not transferable or assignable to another. If the corporation
				is no longer in business or no longer operates as the corporation, the license
				is void. If any officer of the corporation is added or deleted, the licensee
				shall, within 10 calendar days, notify the Division of the addition or
				deletion. A newly added officer shall submit an application for promoter or
				co-promoter license.
(d) Any
				license issued to a partnership is not transferable or assignable to another.
				If the partnership is no longer in business or no longer operates as the
				partnership, the license is void, provided however that if the business
				continues to operate but does not operate as a partnership and the sole
				remaining person was one of the licensed partners and all other previous
				licensed partners have, in writing, authorized the sole remaining person to
				have control and use of the licensed name, than the license may remain in force
				and effective until its expiration date, at which time the person shall apply
				as an individual.
(e) A promoter
				shall not be licensed as a judge or referee.
(f) An applicant for a promoter's license
				shall satisfy the following bonding requirements:
(1) An applicant for a promoter license shall
				deposit with the Division a bond or other security in the amount of ten
				thousand ($10,000) prior to being issued a promoter license. If the bond or
				other security is not maintained in full force and effect, the license is
				void.
(2) If the Division
				determines that the projected liability for a match may exceed ten thousand
				dollars ($10,000) the Division representative shall require an additional bond
				or additional security for the match. The additional bond or additional
				security shall be required and used only for the designated match and shall be
				released or returned 90 calendar days after the date of the match unless, as a
				result of violations or suspected violations, the Division representative
				determines that the additional bond or additional security shall be retained by
				the Division for a longer period.
(3) The bond and other security, or
				additional bond and additional security shall be filed with the Division for
				the purpose of providing surety that the promoter will faithfully perform and
				fulfill his obligations as described in Article 68, and the rules set forth in
				this Chapter. Any fault, negligence, error or omission, failure to fulfill
				contractual obligations, violation of any rules of the Division or any other
				act or failure to act may result in a claim for recovery from the bond and
				recovery from the other security. When the amount of recovery cannot be
				determined by the Division due to the failure of the promoter to perform as
				required by G.S. 143, Article 68 or the rules set forth in this Chapter, the
				Division shall recover the face value of the bond and other security and the
				additional bond and additional security, as appropriate provided however that
				the recovery shall not be greater than the amount of the bond and other
				security required to be deposited with the Division.
(4) A bond or additional bond is acceptable
				if the following conditions are met:
(A) The
				bond or additional bond has attached the Division Director as power of
				attorney, which power of attorney does not have an expiration date;
(B) The bond and additional bond provides
				surety in an amount equal to the face amount of the bond and additional bond
				and the aggregate annual liability are for the face amount of the bond and
				additional bond; and
(C) The bond
				and additional bond is made out in the name of the Division of Alcohol Law
				Enforcement, Boxing Authority Section and shall be negotiable on the authority
				of the Division representative;
(5) The bond and additional bond may not be
				canceled, unless the following conditions have been met, provided however, when
				an additional bond is required as referenced in this Paragraph, Part (f)(5)(B)
				in this Rule does not apply:
(A) The surety
				company has provided the Division at least a 60 calendar-day written notice of
				intent to cancel;
(B) The
				promoter's license has expired or the license has been returned to the Division
				with a request to cancel the license and canceled by the Division and the
				promoter has not filed an application for renewal of the license; and
(C) A period of 90 calendar days has elapsed
				since the most recent match of the promoter.
(6) Other security may be provided in lieu of
				the bond or additional bond provided the following conditions are met:
(A) The security is in the form of cash, a
				certified check or direct obligations of the United States or this
				state;
(B) The certified check is
				made payable to the Division of Alcohol Law Enforcement, Boxing Authority
				Section and, the certified check and the direct obligations of the United
				States or this state shall be negotiable on the authority of the Division
				representative;
(C) The Division
				shall not pay interest or other charges or fees to the promoter;
(D) The security may not be canceled or
				requested to be returned, unless the following conditions have been met,
				provided however, when an additional security is required as referenced in this
				Paragraph, Subpart (6)(D)(ii) of this Rule does not apply:
(i) The promoter has provided the Division at
				least a 60-calendar day written notice of request for return or release of the
				security;
(ii) The promoter's
				license has expired or the license has been returned to the Division with a
				request for cancellation and canceled by the Division and the promoter has not
				filed an application for renewal of the license, or the promoter has
				substituted a bond for the security and the bond indicates on its face that it
				will retroactively cover the promoter for all times and for all obligations of
				the promoter covered by the security for which the bond is being
				substituted;
(iii) A period of 90
				calendar days has elapsed since the most recent match of the promoter;
				and
(iv) A period of one year has
				elapsed since the security was deposited with the Division.
In the event of substitution of a bond for the security on
				  the deposit with the Division, Subparts (iii) and (iv) in this Part do not
				  apply.