For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them, unless otherwise noted:
"Applicant"
means the person or promoter who desires to use the city's Civic Auditorium for a professional boxing event.
"Boxing"
means the act, activity, or sport in which two or more contestants, in a bona fide athletic contest:
1. 
Forcibly punch each others' head and upper torso, using only their fists and padded gloves; and
2. 
Score points, in one or more rounds, from a judge or judges.
"Event"
means a bout, competition, contest, match, meet, session, exhibition, show, program, or tournament that is:
1. 
Held or conducted within the city; and
2. 
Open or accessible to the general public—regardless of any admission fee or age requirement—or closed to the public for a private function.
"Kickboxing"
has the same meaning as that term is defined in California Business and Professions Code Section 18627(b), or any successor legislation.
"Mixed martial arts":
1. 
Means—regardless of what it is formally called, whether cage fighting, vale tudo, no holds barred, sport karate, pankration, or otherwise—the act, activity, or sport:
a. 
In which:
i. 
Two or more contestants—using a combination of two or more combat sports (including, but not limited to, boxing, kickboxing, taekwondo, karate, wrestling, judo or jujitsu)—strike, kick, hit, punch, grapple with, jump on, throw, unbalance, immobilize, or subdue each other; and
ii. 
One or more of the following circumstances exist:
(A) 
Contestants compete for valuable consideration, including, but not limited to, a purse, money, or prize;
(B) 
Contestants participate in a bona fide athletic contest or competition;
(C) 
Contestants use their best efforts to win; or
(D) 
Contestants score points, in one or more matches, from a judge or judges; and
b. 
That is subject to regulation under California Business and Professions Code, Division 8, Chapter 2, Sections 18600 to 18887, or any successor legislation.
2. 
Does not include professional boxing.
"Professional boxing":
1. 
Means boxing that is:
a. 
Subject to regulation under California Business and Professions Code, Division 8, Chapter 2, Sections 18600 to 18887, or any successor legislation; and
b. 
Performed for valuable consideration, including, but not limited to, a purse, money or prize.
2. 
Does not include an act, activity, or sport in which each contestant—using one or more parts or appendages of the body, or using any combination of them—strikes, kicks, hits, punches, grapples with, jumps on, throws, unbalances, immobilizes, or subdues the other contestant, such as any one or more of the following contact sports or activities:
a. 
Kickboxing;
b. 
Mixed martial arts;
c. 
Wrestling; or
d. 
Professional wrestling.
"Professional wrestling"
means an act, activity, or sport in which:
1. 
Two or more contestants—using one or more parts or appendages of the body, or using any combination of them—strike, kick, hit, punch, grapple with, jump on, throw, unbalance, immobilize, or subdue each other; and
2. 
One or more of the following circumstances exist:
a. 
Contestants compete for valuable consideration, including, but not limited to, a purse, money, or prize;
b. 
Contestants provide staged entertainment for spectators rather than participate in a bona fide athletic contest or competition;
c. 
Contestants may not use their best efforts to win; or
d. 
The winner may have been selected before the contestants perform in front of spectators.
"Promoter"
means a person who organizes, promotes, produces, conducts, or carries on a professional boxing event.
"Purse":
1. 
Means the financial guarantee or other remuneration for which contestants are participating in an event.
2. 
Includes a contestant's share of any payment that the contestant receives for radio broadcasting, television (whether over-the-air, cable, pay-per-view, or closed-circuit), motion picture rights, or event admission (gate) receipts.
"School, college, or university"
means a secondary school, the University of California, a California State University, public community college, or any other private, postsecondary educational institution that is:
1. 
Established, operated, and governed by the federal government or by this section, or its political subdivisions; or
2. 
Licensed, approved, registered, certified, accredited, or recognized by:
a. 
This state or its political subdivisions;
b. 
The United States Department of Education or other federal agency; or
c. 
An accrediting agency or association included in a list that the United States Secretary of Education publishes under the requirements of the Higher Education Act of 1965, as amended (20 U.S.C. Section 1001(c), or any successor legislation).
"Sparring"
means a practice round or training exercise in boxing, in which two or more contestants partake in the motions or semblance of boxing—such as jabbing or feinting movements—with or without landing a punch on the other person.
"Wrestling"
means the act, activity, or sport in which two or more contestant, in a bona fide athletic contest:
1. 
Struggle against each other to unbalance, immobilize, or subdue the other person, using grappling techniques or maneuvers (including, for example, clinching, throws, takedowns, loint locks, pins, holds, escapes, turnovers, or reversals); and
2. 
Score points, in one or more matches, from judge or judges.
(Ord. 5972 § 5, 9-14-2021)
Except as Section 5.76.030 or 5.76.040 of this chapter provides, no person shall conduct, operate, hold, produce, carry on, or participate in:
A. 
A boxing event.
B. 
A sparring event.
C. 
A kickboxing event.
D. 
A professional boxing event.
E. 
A wrestling event.
F. 
A professional wrestling event.
G. 
A mixed martial arts event.
(Ord. 5972 § 5, 9-14-2021)
The prohibition of Section 576.020 does not apply to a boxing event, sparring event, wrestling event, or mixed martial arts event, when:
A. 
A school, college, or university—or an association or organization composed exclusively of schools, colleges, or universities—sponsors, hosts, organizes, conducts, or operates the event; and
B. 
Each contestant in the event is a bona fide student who is regularly enrolled for not less than one-half (½) time in a school, college, or university.
(Ord. 5972 § 5, 9-14-2021)
A. 
The prohibition of Section 5.76.020 does not apply to a professional boxing event that takes place at the city's Civic Auditorium, when the director of community services and parks or a designee approves the facility's use for the event.
B. 
An applicant shall complete a Civic Auditorium reservation request form and submit it to the director of community services and parks or a designee.
C. 
The director of community services and parks or a designee:
1. 
Shall evaluate, on a case-by-case basis, each request to hold a professional boxing event at the Civic Auditorium;
2. 
May refer the completed reservation request to city departments or sections—including, but not limited to, police, fire, building and safety, and traffic engineering—for any one or more of the following purposes:
a. 
A review of the completed reservation request;
b. 
An investigation of the applicant's background; or
c. 
A recommendation of conditions or requirements for the facility's use for the professional boxing event;
3. 
May require the applicant to provide additional information, or documents, or both;
4. 
Shall approve the reservation request, approve the reservation request with conditions, or disapprove the reservation request; and
5. 
May prepare, adopt, amend, repeal, and enforce rules, regulations, or procedures for:
a. 
Using the Civic Auditorium for a professional boxing event;
b. 
Limiting the maximum number of professional boxing events occurring at the Civic Auditorium in a calendar month, or calendar year, or both; and
c. 
Implementing and administering this section.
D. 
An applicant shall:
1. 
Pay to the city:
a. 
All fees and deposits for renting or using the Civic Auditorium, and
b. 
All fees, costs, and expenses that the city incurs for the professional boxing event, including, but not limited to:
i. 
Administrative costs;
ii. 
Inspection and investigatory fees; and
iii. 
Expenses in providing city personnel for security or another purpose;
2. 
Furnish all additional information and documents that the city deems necessary or appropriate for its review of the completed reservation request; and
3. 
Comply with all conditions and requirements that the city deems necessary or appropriate for using the Civic Auditorium for the professional boxing event.
E. 
An applicant may appeal to the council within the time and in the manner provided in Chapter 2.88 of this code, or any successor legislation, when the director of community services and parks or a designee:
1. 
Disapproves the applicant's Civic Auditorium reservation request to use the facility for a professional boxing event; or
2. 
Imposes one or more conditions as part of the reservation request's approval.
F. 
When an applicant fails, neglects, or refuses to pay one or more fees, costs, deposits, or expenses, or when an applicant otherwise pays the fee, cost, deposit, or expense but later cancels or stops payment on it—and in either situation the fee's, cost's, deposit's or expense's payment is lawfully due or owing—the unpaid amount constitutes a debt owed to the city by that applicant, from whom the city may recover in a civil action.
(Ord. 5972 § 5, 9-14-2021)