317.001.  Definitions. — As used in sections 317.001 to 317.021, the following words and terms mean:

  (1)  "Amateur", a person who competes in a boxing, wrestling, kickboxing, or full-contact karate event who has not competed as a contestant for valuable consideration in any event in which similar boxing, wrestling, kickboxing, or full-contact karate skills were used or allowed;

  (2)  "Bout", one match involving professional boxing, sparring, professional wrestling, professional kickboxing, or professional full-contact karate, including professional mixed martial arts;

  (3)  "Boxing", the sport of attack and defense where contestants are allowed to only use the fist to attack or strike in competition;

  (4)  "Combative fighting", a bout or contest, with or without gloves or protective headgear, whereby any part of the contestant's body may be used as a weapon or any other means of fighting may be used with the specific purpose of intentionally injuring the other contestants in such a manner that they may not defend themselves and in which there is no referee;

  (5)  "Contest", a bout or a group of bouts involving licensed contestants competing in professional boxing, sparring, professional wrestling, professional kickboxing, or professional full-contact karate;

  (6)  "Contestant", a person who competes in any boxing, wrestling, kickboxing, or full-contact karate event;

  (7)  "Director", the director of the division of professional registration;

  (8)  "Division", the division of professional registration;

  (9)  "Exhibition", a boxing, wrestling, kickboxing, or full-contact karate engagement in which persons are participating to show or display their boxing, wrestling, kickboxing, or full-contact karate skill and in which no decision is rendered;

  (10)  "Full-contact karate", any form of full-contact martial arts including, but not limited to, full-contact kungfu, full-contact tae kwon do, or any form of martial arts, mixed martial arts, combat or self-defense conducted on a full-contact basis in a match where contestants are allowed to deliver blows or strikes;

  (11)  "Fund", the athletic fund established pursuant to sections 317.001 to 317.021;

  (12)  "Kickboxing", any match in which contestants are allowed to use any form of boxing and are also allowed to use any part of the fist, foot, or leg, with or without shin guards or protective gear, or any combination thereof to deliver strikes above the waist and which does not constitute mixed martial arts as defined by this section;

  (13)  "Mixed martial arts", any match in which any form of martial arts or self-defense is conducted on a full-contact basis and where other combative techniques or tactics are allowed in competition including, but not limited to, kicking, striking, chokeholds, boxing, wrestling, kickboxing, grappling, or joint manipulation.  Professional mixed martial arts is a form of full-contact karate;

  (14)  "Office", the division of professional registration, office of athletics;

  (15)  "Professional", a wrestling, boxing, kickboxing, or full-contact karate bout or contest where the participants compete for any valuable consideration or a person who competes in any wrestling, boxing, kickboxing, or full-contact karate bout or contest for any such consideration;

  (16)  "Sparring", any boxing, wrestling, kickboxing, or full-contact karate conducted for practice and for which admission or other similar consideration, in any form, is charged to any member of the public;

  (17)  "Wrestling", any performance of wrestling skills and techniques by two or more individuals.  Participating wrestlers may perform without being required to use their best efforts in order to win and the winner may have been selected before the performance commences.

  317.006.  Director to supervise professional boxing, sparring, wrestling, karate, and mixed martial arts contests — powers — duties — fees, how set — athletic fund. — 1.  The division shall have general charge and supervision of all professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, and amateur mixed martial arts contests held in the state of Missouri, and it shall have the power, and it shall be its duty:

  (1)  To make and publish rules governing in every particular professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, and amateur mixed martial arts contests;

  (2)  To make and publish rules governing the approval of amateur sanctioning bodies;

  (3)  To accept applications for and issue licenses to contestants in professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, and amateur mixed martial arts contests held in the state of Missouri, and referees, judges, matchmakers, promoters, seconds, timekeepers, and physicians involved in professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, and amateur mixed martial arts contests held in the state of Missouri, as authorized herein.  Such licenses shall be issued in accordance with rules duly adopted by the division;

  (4)  To charge fees to be determined by the director and established by rule for every license issued and to assess a tax of five percent of the gross receipts of any person, organization, corporation, partnership, limited liability company, or association holding a promoter's license and permit under sections 317.001 to 317.021, derived from admission charges connected with or as an incident to the holding of any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contest in the state of Missouri.  Such funds shall be paid to the division of professional registration which shall pay said funds into the Missouri state treasury to be set apart into a fund to be known as the "Athletic Fund" which is hereby established.

  2.  All fees established pursuant to sections 317.001 to 317.021 shall be determined by the director by rule in such amount as to produce sufficient revenue to fund the necessary expenses and operating costs incurred in the administration of the provisions of sections 317.001 to 317.021.  All expenses shall be paid as otherwise provided by law.

  317.011.  Athletic fund, source of funds — director only to license certain contests, exceptions — law not applicable to certain amateur matches. — 1.  The division shall have the power, and it shall be its duty, to accept application for and issue permits to hold professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests in the state of Missouri, and to charge a fee for the issuance of same in an amount established by rule; such funds to be paid to the division which shall pay such funds into the Missouri state treasury to be set apart into the athletic fund.

  2.  The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the fund for the preceding fiscal year or, if the division requires by rule renewal of the permits less frequently than yearly then three times the appropriation from the fund for the preceding fiscal year.  The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding fiscal year.

  3.  The division shall not grant any permit to hold professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests in the state of Missouri except:

  (1)  Where such professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contest is to be held under the auspices of a promoter duly licensed by the division; and

  (2)  Where a fee has been paid for such permit, in an amount established by rule.

  4.  In such contests a decision shall be rendered by three judges licensed by the division.

  5.  Specifically exempted from the provisions of this chapter are contests or exhibitions for amateur boxing and amateur wrestling.  However, all amateur boxing and amateur wrestling must be sanctioned by a nationally recognized amateur sanctioning body approved by the office.

  317.012.  Licenses not issued for "ultimate fighting", definition. — No license or permit will be issued for any contests known as "ultimate fighting" or any activities similar in nature.  For purposes of this chapter, "ultimate fighting" shall mean a contest or bout whereby any part of the contestant's body may be used as a weapon or any means of fighting may be used with the specific purpose to intentionally injure the other contestants in such a manner that they may not defend themselves and in which there is no referee.  No person, partnership, organization, corporation, limited liability company or association shall conduct, compete or otherwise participate in any contest or bout as defined in this section.

  317.013.  Mandatory medical suspensions, determination — medically retired persons. — 1.  In order to protect the health and welfare of the contestants, there shall be a mandatory medical suspension of any contestant, not to exceed one hundred eighty days, who loses consciousness or who has been injured as a result of blows received to the head or body during a professional boxing, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contest.  The determination of consciousness is to be made only by a physician licensed by the board of healing arts and the division.  Medical suspensions issued in accordance with this section shall not be reviewable by any tribunal.

  2.  No license shall be issued to any person who has been injured in such a manner that they may not continue to participate in boxing, wrestling, professional kickboxing, amateur kickboxing, full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests in the future.  Such a person shall be deemed medically retired.  No person with a status of medically retired shall compete in any events governed by this chapter.  Medical retirements issued in accordance with this section shall not be reviewable by any tribunal.

  317.014.  Injunction, who may apply, when — activities subject to injunction — action brought, where — action in addition to penalty. — 1.  Upon proper application by the director, or the director of the office, a court of competent jurisdiction may grant an injunction, restraining order or any other order as may be appropriate to enjoin a person, partnership, organization, corporation, limited liability company or association from:

  (1)  Promoting or offering to promote any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests that are not approved by the Missouri office of athletics;

  (2)  Advertising or offering to advertise any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests that are not approved by the Missouri office of athletics;

  (3)  Conducting or offering to conduct any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests that are not approved by the Missouri office of athletics; or

  (4)  Competing or offering to compete in any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests that are not approved by the Missouri office of athletics.

  2.  Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

  3.  Any action brought under this section shall be in addition to, and not in lieu of, any penalty provided by law and may be brought concurrently with other actions to enforce this chapter.

  317.015.  Complaints against licensees, filed with administrative hearing commission — refusal to issue license, notification, appeal — sanctions on license permitted, when. — 1.  Any person wishing to make a complaint against a licensee under sections 317.001 to 317.014 shall file the written complaint with the division setting forth supporting details.  If the division determines that the charges warrant a hearing to ascertain whether the licensee shall be disciplined, it shall file a complaint with the administrative hearing commission as provided in chapter 621.  Any person holding more than one license issued by the division and disciplined under one license will automatically be disciplined under all licenses.

  2.  (1)  The division may refuse to issue any permit or license pursuant to this chapter for one or any combination of reasons stated in paragraphs (a) through (m) of subdivision (2) of this subsection.  The division shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of their rights to file a complaint or an appeal with the administrative hearing commission as provided in chapter 621.

  (2)  The division may file a complaint with the administrative hearing commission, as provided in chapter 621, against any holder of any permit or license issued pursuant to this chapter, or against any person who has failed to renew or has surrendered their permit or license, for any one or more of the following reasons:

  (a)  Use of an alcoholic beverage or any controlled substance, as defined in chapter 195, before or during a bout;

  (b)  The person has been finally adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United States, or of any country, for any offense directly related to the duties and responsibilities of the occupation, as set forth in section 324.012, regardless of whether or not a sentence is imposed;

  (c)  Use of fraud, deception, misrepresentation or bribery in securing any permit or license issued pursuant to this chapter;

  (d)  Providing false information on applications or medical forms;

  (e)  Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performing of the functions or duties of any profession licensed or regulated by this chapter;

  (f)  Violating or enabling any person to violate any provision of this chapter or any rule adopted pursuant to this chapter;

  (g)  Impersonating any permit or license holder or allowing any person to use their permit or license;

  (h)  Contestants failing to put forth their best effort during a bout;

  (i)  Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter and issued by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

  (j)  A person adjudged mentally incompetent by a court of competent jurisdiction;

  (k)  Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

  (l)  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 chapter; or

  (m)  Issuance of a permit or license based upon a mistake of fact.

  (3)  After the complaint is filed, the proceeding shall be conducted in accordance with the provisions of chapter 621.  If the administrative hearing commission finds that a person has violated one or more of the grounds as provided in paragraphs (a) through (m) of subdivision (2) of this subsection, the division may censure or place the person named in the complaint^* on probation on appropriate terms and conditions for a period not to exceed five years, may suspend the person's license for a period not to exceed three years, or may revoke the person's license.

  3.  Upon a finding that the grounds provided in subsection 2 of this section for disciplinary action are met, the office may, singly or in combination, censure or place on probation on such terms and conditions as the office deems appropriate for a period not to exceed five years, or may suspend for a period not to exceed three years or revoke the certificate, license, or permit.  In any order of revocation, the office may provide that the person shall not apply for a new license for a maximum of three years and one day following the date of the order of revocation.  All stay orders shall toll the disciplinary time periods allotted herein.  In lieu of or in addition to any remedy specifically provided in subsection 1 of this section, the office may require of a licensee:

  (1)  Satisfactory completion of medical testing and/or rehabilitation programs as the office may specify; and/or

  (2)  A review conducted as the office may specify and satisfactory completion of medical testing and/or rehabilitation programs as the office may specify.

  317.016.  Director to appoint necessary administrative personnel — compensation and expenses of, how set. — The division of professional registration shall appoint an administrator, inspectors and such other appointees and clerical assistants as the director shall deem necessary to administer the provisions of sections 317.001 to 317.021.  The compensation of the administrator, inspectors, and other necessary employees shall be within the limits of the amount appropriated by the general assembly.  In addition, the administrator, inspectors, and other employees may be reimbursed for all actual and necessary expenses incurred in the administration of the provisions of sections 317.001 to 317.021.

  317.017.  Participants, required minimum age — surety bond requirements — elbow and knee strikes to head prohibited, when. — 1.  In any professional or amateur event the division regulates, other than amateur kickboxing, no person shall be allowed to participate if such person is not eighteen years of age or older on or before the day the individual is scheduled to participate in the event.

  2.  Before the office issues a promoter's license, the promoter shall provide the office a surety bond in the amount of twenty-five thousand dollars or an irrevocable letter of credit in the amount of at least twenty-five thousand dollars from a lending institution approved to do business in the United States to guarantee payment of all state athletic taxes and fees to the state.  The surety bond or irrevocable letter of credit shall cover all license fees and taxes due to the office as well as all expenses of the contestants and officials in the event of default by the promoter.  The irrevocable letter of credit shall be released only upon written approval by the office.  An additional bond or irrevocable letter of credit may be required in the amount specified by the office if it may be reasonably expected that the twenty-five thousand dollar bond or irrevocable letter of credit will not provide sufficient protection to the state.  It shall be the duty of each promoter to maintain all required bonds on a current status.

  3.  There shall be a prohibition of all elbow strikes to the head of an opponent during an amateur mixed martial arts bout.

  4.  For the first five sanctioned amateur bouts, there shall be a prohibition of knee strikes to the head of an opponent during an amateur mixed martial arts contest.  However, after the fifth sanctioned bout for both contestants, both contestants may mutually agree to allow knee strikes during a bout.

  317.018.  Combative fighting prohibited — promotion or participation in combative fighting, felony — medical personnel — exceptions. — 1.  Combative fighting is prohibited in the state of Missouri.

  2.  Anyone who promotes or participates in combative fighting, or anyone who serves as an agent, principal partner, publicist, vendor, producer, referee, or contractor of or for combative fighting is guilty of a class E felony.

  3.  Any medical personnel who administers to, treats or assists any participants of combative fighting shall not be subject to the provisions of this section.

  4.  Nothing in section 317.001 or this section is intended to regulate, or interfere with or make illegal, traditional, sanctioned amateur or scholastic boxing, amateur or scholastic wrestling, amateur or scholastic kickboxing, or amateur or scholastic full-contact karate or amateur or scholastic mixed martial arts.

  317.019.  Bout contracts required, when — contents, changes — payment of event official's fees. — 1.  The promoter of a professional boxing, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, and amateur mixed martial arts contest shall sign written bout contracts with each professional or amateur contestant.  Original bout contracts shall be filed with the division prior to the event as required by the rules of the office.  The bout contract shall be on a form supplied by the division and contain at least the following:

  (1)  The weight required of the contestant at weigh-in;

  (2)  The amount of the purse to be paid for the contest, except amateur kickboxing and amateur mixed martial arts contests;

  (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, except amateur kickboxing and amateur mixed martial arts contests;

  (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, except amateur kickboxing and amateur mixed martial arts contests;

  (7)  Any advances paid to the contestant before the bout, except amateur kickboxing and amateur mixed martial arts contests;

  (8)  The amount of any compensation or consideration that a promoter has contracted to receive in connection with the bout or contest, except amateur kickboxing and amateur mixed martial arts contests;

  (9)  The signature of the promoter and contestant;

  (10)  The date signed by both the promoter and the contestant; and

  (11)  Any additional information required by the office.

  2.  If the bout contract between a contestant and promoter is changed, the promoter shall provide the division with the amended contract containing all contract changes at least two hours prior to the event's scheduled start time.  The amended contract shall comply with all requirements for original bout contracts and shall contain the signature of the promoter and contestant.

  3.  A promoter of an event shall not be a manager for a contestant who is contracted for ten rounds or more at the event.

  4.  The promoter of an event shall provide payments for the event official's fees to the office prior to the start of the event.  The form of payment shall be at the discretion of the office provided that payments remitted by check or money order shall be made payable directly to the applicable official.

  317.021.  Violation of law, misdemeanor. — Any person who violates any of the provisions of sections 317.001 to 317.021 shall be deemed guilty of a class A misdemeanor.