Chapter 463 — Chapter 463
53 sections in this chapter.
ORS 463.010 [Amended by 1965 c.200 §1; repealed by 1987 c.789 §24]
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GENERAL PROVISIONS
ORS 463.015 Definitions. As used in this chapter
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(1) “Amateur athletic organization” means an entity organized and operated exclusively to foster state, national and international amateur unarmed combat sports competition. (2) “Entertainment wrestling” means a noncompetitive performance in which the participants deliver blows o…
ORS 463.018 Legislative findings. The Legislative Assembly finds that the unarmed combat sports and entertainment wrestling industries in this state should be regulated in order to protect the best interests of entertainment wrestlers, unarmed combat sports competitors and the public. [1987 c.789 §1; 1997 c.350 §4; 2007 c.585 §2; 2017 c.235 §2]
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[Repealed or reserved.]
ORS 463.020 [Repealed by 1965 c.200 §12 (463.021 enacted in lieu of 463.020)]
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[Repealed or reserved.]
ORS 463.021 [1965 c.200 §13 (enacted in lieu of 463.020); 1975 c.409 §2; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.023 [1997 c.350 §2; repealed by 2007 c.585 §28]
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[Repealed or reserved.]
ORS 463.025 Licensing of competitors, managers and other officials; fees; rules. (1) A person may not act as an unarmed combat sports competitor, official, manager, second for a professional unarmed combat sports competitor or matchmaker unless the person is licensed pursuant to this chapter
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(2) Application for a license must be made upon a form provided by the Superintendent of State Police and must be accompanied by an annual license fee established by the superintendent by rule. (3) Each person licensed under this section shall present the license upon request to …
ORS 463.030 [Repealed by 1965 c.200 §14 (463.031 enacted in lieu of 463.030)]
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[Repealed or reserved.]
ORS 463.031 [1965 c.200 §15 (enacted in lieu of 463.030); repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.035 Promoter license required; fees; rules; corporate surety bond. (1)(a) A person may not act as a promoter of unarmed combat sports or entertainment wrestling until the person has been licensed pursuant to this chapter
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(b) A person who intends to act as a promoter for entertainment wrestling events and for unarmed combat sports events shall apply for separate licensure for each type of event. (2) Application for a promoter’s license must be made upon a form provided by the Superintendent of Sta…
ORS 463.037 Attendance of commission representatives at unarmed combat sports events. (1) An unarmed combat sports event may not take place in this state unless the following Oregon State Athletic Commission representatives are in attendance
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(a) The Superintendent of State Police or an authorized representative of the superintendent to oversee conduct of the event; (b) Officials assigned by the superintendent or an authorized representative of the superintendent; and (c) Medical personnel assigned by the superintende…
ORS 463.040 [Amended by 1963 c.426 §5; 1965 c.200 §2; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.045 [1963 c.426 §2; 1965 c.200 §3; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.047 Assignment of medical personnel to event; medical qualification of competitors; rules. (1) The Superintendent of State Police or an authorized representative of the superintendent shall assign or approve medical personnel to each unarmed combat sports event held in this state
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(2) Medical personnel who are not employed by the Department of State Police and who are assigned to serve at an unarmed combat sports event must be paid by the promoter at a rate established by the superintendent by rule. The promoter shall reimburse the mileage and lodging expe…
ORS 463.050 [Amended by 1963 c.426 §6; 1965 c.200 §4; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.055 [1963 c.426 §4; 1965 c.200 §5; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.057 Approval of amateur athletic organizations; fees; rules. (1) A person may not act as an amateur athletic organization unless the Superintendent of State Police has approved the person under this section
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(2) An applicant for approval shall apply to the superintendent on a form provided by the superintendent and shall accompany the application with a fee established by the superintendent by rule. (3) An applicant shall provide to the superintendent an affidavit stating that the he…
ORS 463.060 [Amended by 1963 c.426 §7; 1965 c.200 §6; 1983 c.740 §180; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.110 [Amended by 1987 c.429 §1; repealed by 1987 c.789 §24]
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COMMISSION; REGULATION
ORS 463.113 Oregon State Athletic Commission; rules; duties of commission and superintendent. (1) There is created in the Department of State Police the Oregon State Athletic Commission, which shall regulate the promotion of unarmed combat sports and entertainment wrestling events in this state. The commission shall adopt rules to conduct events that promote the safety and best interest of the entertainment wrestlers, unarmed combat sports competitors and the public
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(2) The Superintendent of State Police shall: (a) Adopt and enforce rules for conducting unarmed combat sports events that promote the safety and best interest of the unarmed combat sports competitors and of the public. (b) License and regulate unarmed combat sports competitors, …
ORS 463.115 [1963 c.426 §3; 1965 c.200 §7; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.120 [Amended by 1963 c.426 §8; 1965 c.200 §8; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.125 Members; term; officers; administrator; qualifications; meetings; voting; expenses. (1)(a) The Oregon State Athletic Commission consists of five members appointed by the Superintendent of State Police for terms of four years. A member may not serve more than two terms, except that a member serves until the member’s successor is appointed
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(b) Membership must represent distinct geographic areas. The Portland metropolitan area, central Willamette Valley and two other areas must be represented. (c) Vacancies must be filled by appointment in the same manner for the balance of the unexpired term. (d) A member of the co…
ORS 463.130 [Amended by 1955 c.426 §1; 1965 c.200 §9; 1975 c.409 §1; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.135 [1987 c.789 §5; 1991 c.211 §5; repealed by 2007 c.585 §28]
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[Repealed or reserved.]
ORS 463.140 [Amended by 1965 c.200 §10; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.145 Prohibited financial interest or investment; compensation and reimbursement of officials; rules. (1) A member of the Oregon State Athletic Commission may not have a financial interest or investment in an unarmed combat sports competitor or entertainment wrestler
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(2) A member of the commission may not have a financial interest or investment in any unarmed combat sports or entertainment wrestling event or promotion or a person or promoter involved in an unarmed combat sports or entertainment wrestling event or promotion. (3) An official, m…
ORS 463.149 Oregon State Athletic Commission Medical Advisory Committee; members; duties; nomination of medical personnel. (1) There is established an Oregon State Athletic Commission Medical Advisory Committee consisting of five members appointed by the Superintendent of State Police. Members of the committee shall be medical personnel
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(2) The term of office of each committee member is four years, but committee members serve at the pleasure of the superintendent. A committee member may not serve more than two consecutive terms, except that a committee member serves until a successor is appointed. If there is a …
ORS 463.150 [Amended by 1981 c.376 §1; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.155 Compliance audits and verification; duties of superintendent; rules. (1) The Superintendent of State Police or the authorized representatives of the superintendent shall
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(a) Conduct compliance audits for unarmed combat sports or entertainment wrestling events; (b) Oversee ticket sales to the events; and (c) Verify compliance with ticketing, tax on gross receipts and other requirements of this chapter. (2) The authorized representative of the supe…
ORS 463.160 [Repealed by 1959 c.160 §1]
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[Repealed or reserved.]
ORS 463.165 Licensing of officials; compensation and reimbursement; qualifications; rules. (1) The Superintendent of State Police shall license referees, judges, inspectors and timekeepers and shall assign the licensed referees, judges, inspectors and timekeepers to officiate at unarmed combat sports events regulated by the Oregon State Athletic Commission
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(2) A promoter of an unarmed combat sports event shall pay a licensed referee, judge, inspector or timekeeper who is assigned to the unarmed combat sports event regulated by the commission at a rate established by the superintendent by rule. The promoter shall reimburse the licen…
ORS 463.170 [Amended by 1965 c.200 §11; 1967 c.611 §1; repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.175 Objection to event by city or county; filing with commission. Nothing in this chapter prevents a county or city from objecting to the holding of, or participating in, an unarmed combat sports or entertainment wrestling event. Objections must be filed in writing with the Oregon State Athletic Commission. [1987 c.789 §13; 1991 c.211 §6; 2007 c.585 §15; 2017 c.235 §14]
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[Repealed or reserved.]
ORS 463.180 [Repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.185 Authority of superintendent to enforce chapter; revocation, suspension and denial of licenses; hearing; civil penalty; rules. (1) The Superintendent of State Police has the sole jurisdiction and authority to enforce the provisions of this chapter. The superintendent or the authorized representative of the superintendent may investigate allegations of activity that may violate the provisions of this chapter
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(2) The superintendent or the authorized representative of the superintendent is authorized to enter at reasonable times and without advance notice, a place of business or establishment where activity alleged to be in violation of this chapter may occur. (3) The superintendent ma…
ORS 463.190 [Repealed by 1987 c.789 §24]
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[Repealed or reserved.]
ORS 463.195 Commission subject to ORS 291.201 to 291.222, 291.232 to 291.260 and 291.990. (1) The Oregon State Athletic Commission is subject to the provisions of ORS 291.201 to 291.222, including but not limited to the provisions of those sections relating to changes and revisions by the Governor in agency request budgets
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(2) The commission and its officers and employees are subject to the provisions of ORS 291.232 to 291.260 and 291.990. [1987 c.789 §10a; 2007 c.585 §17; 2016 c.117 §70]
ORS 463.200 Commission considered criminal justice agency. For purposes of ORS 181A.160 to 181A.250, the Oregon State Athletic Commission shall be considered a criminal justice agency. [1987 c.789 §18; 2007 c.585 §18]
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[Repealed or reserved.]
ORS 463.210 Organizations exempt from licensing and bonding provisions. (1) The promoting, conducting or maintaining of an unarmed combat sports event when conducted by educational institutions, Oregon National Guard units or any amateur athletic organizations approved by the Superintendent of State Police is exempt from the licensing and bonding provisions of this chapter if none of the unarmed combat sports competitors in the event receives a monetary remuneration, purse or prize for performance or services
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(2) The licensing and bonding provisions of this chapter do not apply to: (a) An amateur athletic organization, and its affiliated membership clubs, that has been approved by the superintendent. (b) An event between students of educational institutions that are conducted by a col…
ORS 463.220 Deposit of revenues. All revenue obtained under this chapter from license fees, bonds and gross receipts taxes, and any other income received under this chapter, shall be deposited in the subaccount of the State Police Account established under ORS 181A.020. [Formerly 463.350]
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[Repealed or reserved.]
ORS 463.310 [1987 c.788 §5; 1993 c.587 §4; 2003 c.653 §2; 2007 c.585 §20; repealed by 2017 c.235 §22]
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TAX ON GROSS RECEIPTS
ORS 463.320 Imposition of tax; amount; report; rules; payment; exceptions. (1) For the privilege of engaging in unarmed combat sports or entertainment wrestling, a tax is imposed upon the gross receipts from the sale of tickets or other fees charged for admission to an unarmed combat sports or entertainment wrestling event held in this state. The amount of the tax is six percent of the total gross receipts, not to exceed $50,000 per event
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(2) A person licensed or approved under this chapter, and who holds, conducts or supervises an unarmed combat sports or entertainment wrestling event shall: (a) Prior to the unarmed combat sports or entertainment wrestling event, provide to the Superintendent of State Police or t…
ORS 463.322 Persons exempt from tax. Nothing in ORS 463.015, 463.035, 463.113, 463.320 and 463.322 is intended to tax subscribers to pay-per-view telecasts or cable system operators in this state. [1993 c.587 §6; 2017 c.235 §18]
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Note: 463.322 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 463 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 463.330 Applicability of tax. When an admission fee is charged by a licensed promoter conducting an unarmed combat sports or entertainment wrestling event, the tax imposed by ORS 463.320 applies to the gross receipts from the admissions and the statement filed and tax paid by the conducting or sponsoring person. [1987 c.788 §4; 2003 c.142 §8; 2007 c.585 §22; 2017 c.235 §19]
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[Repealed or reserved.]
ORS 463.340 Effect of failure to file report. (1) If a licensee required to file a report under ORS 463.320 fails to make that report within the time prescribed, or if the report is unsatisfactory to the Superintendent of State Police or an authorized representative of the superintendent, the superintendent or the authorized representative of the superintendent shall examine or cause to be examined the books and records of the licensee. The superintendent may subpoena and examine under oath the licensee or other person the superintendent considers necessary to determine the amount of the total gross receipts from the unarmed combat sports or entertainment wrestling event and the amount of the tax on the unarmed combat sports or entertainment wrestling event. If, upon completion of the examination, it is determined that an additional tax is due, the superintendent or authorized representative of the superintendent shall serve notice of the additional tax due upon the licensee, and if the licensee fails to pay the additional tax within 20 days after service of the notice, the superintendent shall revoke the license of the licensee under ORS 463.185. In addition, the licensee and the members of the licensee will be subject to a civil penalty imposed as provided under ORS 463.185 (8)
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(2) A licensee or person shall pay the tax imposed by ORS 463.320 or 463.330 and make, sign or verify a report or supply any information required by the superintendent or authorized representative of the superintendent in connection with the taxes imposed under ORS 463.320. [1987…
ORS 463.350 [1987 c.789 §15; 1987 c.788 §9; 1993 c.742 §130; 1993 c.744 §214; renumbered 463.220 in 1993]
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[Repealed or reserved.]
ORS 463.360 Payment of salaries and expenses. The salaries and expenses of the members and employees and the operating expenses of the Oregon State Athletic Commission shall be paid out of the subaccount of the State Police Account established under ORS 181A.020 from moneys received under this chapter. [1987 c.789 §17; 1987 c.788 §10; 1991 c.211 §8; 1993 c.742 §131; 1993 c.744 §215; 2007 c.585 §23]
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[Repealed or reserved.]
ORS 463.370 Distribution of tax revenues. After deduction of administrative costs of the Oregon State Athletic Commission established under ORS 463.113, 75 percent of the remaining gross receipts tax, as described in ORS 463.320 and deposited in the subaccount of the State Police Account established under ORS 181A.020, shall be credited to and deposited in the subaccount established pursuant to section 36 (2), chapter 1084, Oregon Laws 1999, or a successor subaccount, account or fund. [1987 c.788 §11; 1989 c.650 §1; 1993 c.742 §132; 1993 c.744 §216; 1999 c.1084 §47; 2007 c.585 §24]
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[Repealed or reserved.]
ORS 463.500 [2001 c.446 §2; 2007 c.585 §25; repealed by 2017 c.235 §22]
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[Repealed or reserved.]