[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe 10-20-2022 by Ord. No. 22-51. Amendments noted where applicable.]
In this chapter:
A.
"Boxing" means the act of attack and defense with the fists, using
padded gloves, that is practiced as a sport under the rules described
under this chapter.
B.
"Department" means the department of the Tribe generally charged
with issuing licenses and permits.
C.
"Mixed martial arts fighting" means fighting that involves the use
of a combination of techniques from different disciplines of martial
arts, including grappling, kicking, and striking.
D.
"Physician" means a person licensed to practice medicine and surgery
under the laws of the State of Wisconsin.
E.
"Professional boxing contest" means a boxing contest or exhibition
in which one or more of the boxers is compensated for participating
in the contest or exhibition.
F.
"Professional contest" means a professional boxing contest or a professional
mixed martial arts contest.
G.
"Professional mixed martial arts contest" means a contest or exhibition
of mixed martial arts in which one or more of the contestants is compensated
for participating in the contest or exhibition.
H.
"Tribe" means the Menominee Indian Tribe of Wisconsin.
A.
The Department shall have the sole direction, management, and control
of, and jurisdiction over, all professional contests conducted within
the Reservation. No person or entity may conduct professional contests
within the Reservation except under authority granted by the Department
and in accordance with this chapter and the rules of the Department.
B.
The Department may issue, and for cause limit, suspend, or revoke,
a license to conduct professional contests to any promoter as provided
in this chapter. Every license shall be subject to the Department's
rules and regulations. The Department may limit the number of professional
contests given by any promoter and may reprimand a promoter for violating
this chapter or any rule of the Department.
C.
No professional contest may be conducted by any promoter without
a permit from the Department. An application for a permit shall:
(1)
Be accompanied by a nonrefundable $300 processing fee.
(2)
Be in writing on a form provided by the Department and include all
information required by the Department, including, but not limited
to, proof that promoter has entered into a valid agreement for the
use of a building or property where the contests are to be held.
(3)
Be made by and verified by a licensed promoter and include a statement
that promoter agrees to the jurisdiction of the Tribe and its courts.
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Every permit shall be conditioned on payment by the promoter
to the Department, prior to the event for which the permit was issued,
an event fee of $500.
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D.
The Department may grant licenses upon application and the payment
of the prescribed fees to promoters, matchmakers, managers, referees,
boxers, mixed martial arts contestants, seconds, and timekeepers in
professional contests. The fees to be paid per year shall be set by
the Department by rule. The Department may limit, suspend, or revoke
any license granted under this section or reprimand the licensee upon
such cause as it deems sufficient.
The Department shall require a promoter conducting a professional
contest to post a bond or other surety in a reasonable amount determined
by the Department to ensure payment of the promoter's expenses
in conducting the contest, including payments to contestants and to
the Department.
The Department shall appoint official inspectors, each of whom
shall receive a card authorizing the inspector to act wherever the
Department designates. The Department may be and at least one inspector
shall be present at all professional contests and see that the rules
are strictly observed. Inspectors shall be reimbursed for their actual
and necessary expenses incurred in the performance of their duties.
The Department may require a promoter to pay the cost of inspectors,
who may include a referee or judge performing the duties of an inspector,
for an event.
Professional boxing contests shall be conducted in conformance
with:
A.
The rules of the Department, which shall provide for the implementation
of health and safety standards, licensing requirements, and other
requirements relating to the conduct of professional boxing contests
that are at least as restrictive as:
B.
Applicable federal law, including 15 U.S.C. § 6301 et seq.
Professional mixed martial arts contests shall be conducted
in conformance with the rules of the Department, which shall provide
for the implementation of health and safety standards, and other requirements
relating to the conduct of professional mixed martial arts contests
that are consistent with the Association of Boxing Commissions'
uniform rules and regulations of mixed martial arts.
In addition to any medical requirements provided by rule, prior
to entering the ring, each contestant in a professional contest must
be examined by a physician who has been licensed to practice in Wisconsin
not less than five years and who is appointed by the Department and
certifies in writing, over his or her signature, as to the contestant's
physical and mental fitness to engage in such contest.
In addition to any other requirement provided by rule, the referee
shall stop a professional contest when either of the contestants shows
a marked superiority or is apparently outclassed. The referee shall
be the sole arbiter of the contest and may consult the physician during
the contest.
A.
Any promoter that conducts, holds, gives, or participates in any
sham or fake professional contest shall forfeit its license. That
license shall be revoked by the Department, and the promoter shall
not be entitled to another license.
B.
The Department shall ban a contestant who participates in any sham
or fake professional contest or violates any rule promulgated by the
Department, and may require the contestant, the contestant's
manager, or the promoter of the contest to forfeit an amount determined
by the Department, but not more than $500.
C.
In addition to any other remedies, the Tribe's Legal Services
Department is authorized to bring action in the name of the Tribe
to enjoin violations of this chapter or the rules of the Department.
Any licensee authorized to conduct professional contests shall
insure each contestant participating for hospital, nursing, and medication
expenses and physician's and surgeon's services according
to an equitable fee schedule, not to exceed in the aggregate $25,000,
to be paid to, or for the use of, any contestant to compensate for
injuries sustained in any such contest; and shall insure each contestant
for not less than $25,000 to be paid to the contestant's estate
in the event of the contestant's death as the result of participation
in such professional contest.
The Department shall promulgate any rules necessary to implement and enforce this Chapter 420 of the Menominee Tribal Code.
The Department is authorized to delegate any and all of its
duties under this chapter pursuant to a written agreement with a Boxing
Commission or other entity if:
