Proceedings for violations of article

(a) Whenever it may appear to the commission that any person is violating or has violated any provision of this article or Article 1 of this chapter and that proceedings would be in the public interest: (1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” unless the right to notice is waived by the person against whom the sanction is imposed, the commission may: (A) Issue a cease and desist order prohibiting any violation of this article or Article 1 of this chapter; (B) Issue an order against a person who violates this article or Article 1 of this chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the license of the person violating this article or Article 1 of this chapter; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article or Article 1 of this chapter, a rule promulgated under this article or Article 1 of this chapter, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article or Article 1 of this chapter; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant’s action in violation of this article or Article 1 of this chapter; or (E) Other relief as the court deems just or reasonable. 182 43-4B-20 (b) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (c) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” unless the provisions of such chapter are contrary to the express provisions of this article or Article 1 of this chapter. History. Code 1981, § 43-4B-19, enacted by Ga. L. 2003, p. 774, § 28. 43-4B-20. Required submission of reports and tax payments by promoters. (a) A promoter holding a match, contest, or exhibition of boxing shall, within three business days after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, the amount of gross proceeds, and any other facts the commission may require. Within ten days following the match, contest, or exhibition of boxing, the promoter shall remit to the commission a tax payment in the amount of 5 percent of the gross proceeds exclusive of any federal taxes. (b) A promoter who sells, transfers, or extends to another the rights to telecast by pay per view for viewing in this state, whether the telecast originates inside or outside this state, a match, contest, or exhibition of boxing that would be subject to regulation by the commission in accordance with this chapter if the match, contest, or exhibition were held in this state, shall, within three business days after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the gross price charged for the rights to telecast by pay per view, the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. (c) Any written report required to be filed with the commission under this Code section shall be postmarked within three business days after 183 43-4B-21 the conclusion of the match or telecast, if the telecast is later than the match, and an additional five days shall be allowed for mailing. (d) Each promoter subject to subsection (b) of this Code Section shall remit to the commission within ten days following a match, contest, or exhibition a tax payment in the amount of 5 percent of total gross receipts, as defined in subparagraph (A) of paragraph (8) of Code Section 43-4B-1, exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of pay per view telecasting and motion picture rights shall not exceed $40,000.00 for any single event. (e)(1) Any promoter who willfully makes a false and fraudulent report under this Code section is guilty of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter. (2) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor. (f) The commission shall remit all tax payments to the general treasury of the state. History. Code 1981, § 43-4B-20, enacted by Ga. L. 2003, p. 774, § 28; Ga. L. 2005, p. 984, § 5/SB 224. 43-4B-21. Injunctions; penalty for violations of article; unarmed combat. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of this article, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of this article. (b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of this article shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be impris184 43-4B-25 oned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this article except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature. (d) Promotion of unarmed combat, as defined in Code Section 434B-1, is a misdemeanor for the first offense; a high and aggravated misdemeanor for the second offense; and a felony for the third and subsequent offenses, punishable upon conviction by a fine not to exceed $10,000.00 or imprisonment not to exceed two years, or both such fine and imprisonment. History. Code 1981, § 43-4B-21, enacted by Ga. L. 2003, p. 774, § 28; Ga. L. 2005, p. 984, § 6/SB 224.