MCA Chapter 75

in effect

Miss. Code Ann. § 75-75-1 Secretary of state as agent for service of process.

The entrance into this state for the purpose of doing business herein by any carnival, circus, fair, or any other like concern or organization, not permanently domiciled within the state, shall be deemed: An agreement by it that it will be subject to the jurisdiction of the courts in this state over all civil actions and proceedings against it by either a resident or nonresident plaintiff, for damages to person or property, including actions for death, growing or arising out of such use and operation; and An appointment by the person or persons or corporation operating such firm of the Secretary of State of Mississippi as his lawful attorney and agent upon whom may be served all process in suits pertaining to such actions and proceedings; and An agreement that any process in any suit so served shall be of the same legal force and validity as if personally served on the defendant of this state.

Miss. Code Ann. § 75-75-3 Service of process.

Service of process under this article shall be made pursuant to the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 75-75-5 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1942, §§ 1866-03 to 1866-05; Laws, 1952, ch. 263, §§ 3-5]

Miss. Code Ann. § 75-75-11 Venue of action.

Any suit under the provisions of this article shall be filed in the county in which the cause of action accrues.

Miss. Code Ann. § 75-75-13 Continuances.

The court in which such action is pending shall grant such continuance to a nonresident defendant as may be proper to afford him reasonable opportunity to defend such action.

Miss. Code Ann. § 75-75-15 Record to be kept by secretary of state.

It shall be the duty of the secretary of state to keep a record of all process served upon him under the provisions of this article, which record will show the day and hour of service of every such process. The fee of two dollars and fifty cents ($2.50) paid by plaintiff to the secretary of state under the provisions of this article at the time of service of such process shall be taxed as part of plaintiff’s cost if he prevails in the action or proceeding.

Miss. Code Ann. § 75-75-17 Certificate of compliance; disclosure of financial responsibility, insurance coverage, and ownership.

Any carnival, circus, fair, minstrel, or other like concern or organization not permanently domiciled within the state, which shall enter the state for the purpose of doing business herein, shall, before beginning operations, make a full disclosure under oath to the secretary of state of the State of Mississippi relative to its financial responsibility, and the secretary of state after receiving same, may in his discretion require said concern to deposit with him acceptable evidence that such person, firm or corporation holds a liability or indemnity insurance policy in force and to continue in force during the period of operations in this state, and issued by an insurance company amenable to legal process in this state, conditioned to pay any final judgment against such person, firm or corporation for personal injury or property damages resulting from, growing or arising out of the operation of said concern or organization in this state. Provided that such insurance policy shall be approved by the secretary of state as to its sufficiency and as to the amount so required, the secretary of state in fixing the amount so required shall take into consideration the size of the concern or organization and the attendance and gate receipts thereof. Provided, however, that nothing in this section shall be so construed to include skating rinks that may be moved from one place to another. Said concern shall likewise disclose under oath the type of ownership, whether sole proprietorship, partnership, corporation, the domicile of said concern, and if owned by more than one entity, the full name, domicile and type of entity. Upon such concern complying with all of the above provisions the secretary of state shall issue said concern a certificate of compliance valid for twelve (12) months from date of issue.

Miss. Code Ann. § 75-75-19 Sheriff to inspect certificate of compliance; penalty and remedy for violations of law.

It shall be the duty of the sheriff of the county to require every such concern or organization doing business in his county to submit to him for inspection a valid certificate of compliance issued by the secretary of state as provided by Section 75-75-17. It shall be unlawful for any such concern or organization to do business in any county of this state until it has submitted to the sheriff of the county for inspection its valid certificate of compliance. Any person or persons or firm or corporation violating any of the provisions of Section 75-75-17 shall be guilty of a misdemeanor and on conviction thereof shall be fined not more than five hundred dollars ($500.00), or imprisoned in the county jail not exceeding six (6) months, or by both such fine and imprisonment in the discretion of the court. Whenever any person or persons or firm or corporation operates or attempts to operate in violation of Section 75-75-17, the attorney general of the state, the district attorney of the district, the county attorney, or any person who is a citizen of the county, may bring an action in equity in the name of the State of Mississippi, upon the relation of such attorney general, district attorney, or county attorney, or person to abate such operation and to enjoin any person or persons or firm or corporation operating the same from further operation thereof. Orders and injunctions, both temporary and permanent, may be issued and the same procedure shall be followed therein in the same manner as the law relating to nuisances.

Miss. Code Ann. § 75-75-101 Boxing and wrestling matches authorized; tough-man contest.

Boxing, sparring and wrestling matches and exhibitions for percentage of gate receipts where an admission fee is charged are hereby allowed. All boxing, sparring and wrestling matches and exhibitions authorized herein shall be held under the supervision of and subject to the rules and regulations of the Mississippi Athletic Commission, and in strict compliance with the provisions of this article. No boxing or sparring match or exhibition shall exceed fifteen (15) rounds of three (3) minutes each, and the charge for each seat or ticket shall be left to the discretion of the commission. For the purposes of this chapter, “tough-man contest” and kickboxing competition shall be subject to the jurisdiction of the Mississippi Athletic Commission.

Miss. Code Ann. § 75-75-103 Mississippi athletic commission created.

There is hereby created the Mississippi Athletic Commission, hereinafter referred to as the commission. The commission shall consist of three (3) members, each of whom shall be a qualified voter and at least thirty (30) years of age. The membership of the commission shall consist of a chairman of the commission and two (2) associate commissioners, appointed by the Governor. The chairman, appointed for a term of six (6) years, and one (1) associate commissioner for four (4) years and one (1) associate commissioner for two (2) years, and hereafter their respective successors shall be appointed for a term of six (6) years. They shall take the same oath of office and may be impeached and shall be commissioned as other state officers. Any commissioner who does not attend two (2) consecutive meetings of the commission shall be subject to removal by the Governor. The chairman shall notify the Governor in writing when any member has failed to attend two (2) consecutive meetings.

Miss. Code Ann. § 75-75-105 Powers and duties of commission.

The commission shall have a seal and shall have and is hereby vested with the sole direction, management, control and jurisdiction over all boxing, sparring and wrestling matches or exhibitions to be conducted, held or given within the State of Mississippi. The commission has full power and authority and it shall be its duty: (a) to make and publish rules and regulations governing the conduct of boxing, sparring and wrestling matches and exhibitions, the time and place thereof, and the prices charged for admission thereto; (b) to accept application for and, in its discretion, order a license or permit issued to promoters and participants of these events, and to revoke the license or permit; (c) to collect through the recorder of permits and licenses a fee of six percent (6%) of the gross receipts of every boxing, sparring or wrestling match or exhibition, and a reasonable fee not to exceed One Hundred Dollars ($100.00) for each annual license or permit issued to a boxer, wrestler, referee, judge, matchmaker, promoter, manager, trainer, second, director, or timekeeper; and (d) to revoke any license or permit when, in its judgment, the public welfare requires it. The commission is prohibited from issuing regulations which may be construed as granting a franchised or exclusive territory, and from the issuing of any type of monopolistic license or permit.

Miss. Code Ann. § 75-75-107 Compensation and expenses.

Each member of the commission shall receive per diem in accordance with Section 25-3-69 and shall be paid traveling expenses while engaged in the performance of his official duties in accordance with Section 25-3-41, including traveling expenses for attending the National Boxing Association Convention. The commissioners may pay all such national affiliation dues as may be existing against the Athletic Commission, as in their discretion, may be necessary, out of the funds collected by the recorder of permits and licenses, and on order and approval of the commission. The chairman of the commission shall be ex officio the recorder of permits and licenses and for his service as such shall receive an annual salary equal to Thirty-two Thousand Five Hundred Dollars ($32,500.00). The chairman shall not be deemed a state employee for purposes of qualifying for state-funded retirement, group insurance, or other fringe benefits.

Miss. Code Ann. § 75-75-109 Inspectors; how elected and paid.

The commission may appoint and remove at pleasure, such number of inspectors of athletics as in its judgment is necessary to aid in the proper discharge of its duties. Compensation may be paid an inspector as the commission may determine, but he shall be paid, when ordered to attend a match or exhibition, his actual traveling expenses in the same way and manner as expenses of members of the commission are paid. It shall be the duty of the commission, either by one of its members or by a duly appointed inspector, to attend every boxing, wrestling or sparring match or exhibition held in the State of Mississippi. The commission may appoint and remove at pleasure, a secretary to the commission, who shall perform such duties as the commission may prescribe, and who shall keep a full, complete and up-to-date record of all proceedings of said commission, including all licenses and all sums collected, and make a report thereof to the State Auditor annually, on or before the fifteenth day of January in each year.

Miss. Code Ann. § 75-75-111 Secretary of commission.

The commission shall maintain a general office for the transaction of its business at a place to be designated by the chairman. It may fix the salary of its secretary, subject to the approval of the State Personnel Board, which salary shall be paid by the recorder of permits and licenses on order and approval of the commission, out of any funds on hand, for which the recorder of permits and licenses is accountable to the State of Mississippi.

Miss. Code Ann. § 75-75-113 License fees; how handled.

The recorder of permits and licenses shall give a bond in the sum of Five Thousand Dollars ($5,000.00) with a surety company authorized to do business in Mississippi, payable to the State of Mississippi, conditioned that he will faithfully account for and pay over to the State Treasurer all moneys collected by him, less any disbursements or deductions authorized by law, and it shall be his duty to make a report of and pay into the State Treasury on or before the fifteenth day of January and July, in each year, all moneys received after first paying all salaries, office rent, accounts and other expenditures authorized by law and approved by the commission.

Miss. Code Ann. § 75-75-114 Payment and deposit in state treasury of funds received by Mississippi Athletic Commission.

All funds received by the Mississippi Athletic Commission, as established by Sections 75-75-103 et seq., from any source authorized by statute shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds in the State Treasury in a special fund to the credit of said commission. All such funds shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.

Miss. Code Ann. § 75-75-115 Rules included in all contracts.

All contracts relating to the holding or staging of any boxing, wrestling, or sparring match or exhibition in Mississippi, or relating to any participation therein, shall contain a provision to the effect that all rules passed or adopted by the commission, either before or after the execution of the contract, shall be considered as a part of the contract, the same as if said rules were fully set out in the body of the instrument.

Miss. Code Ann. § 75-75-117 Penalty for failure to obtain license.

Any person who shall voluntarily engage in a pugilistic encounter, wrestling match or exhibition, for money or any other things of value, or for which an admission fee is charged, either directly or indirectly, or any person who shall be concerned directly or indirectly in the promotion of any boxing, wrestling, or sparring match or exhibition, or any person who acts or attempts to act as referee, judge, matchmaker, promoter, manager, trainer, director, second or timekeeper in connection with any boxing, wrestling or sparring match or exhibition in this state without first having obtained a license or permit from the commission, on conviction, shall be punished by imprisonment in the penitentiary not less than one (1) year; or by fine not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00); or by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months; or by both such fine and imprisonment.

Miss. Code Ann. § 75-75-119 Fine for violating rules.

Any person who shall willfully violate any rule or regulation passed or adopted by the Mississippi Athletic Commission shall be fined by the commission as follows: For boxer or wrestler, up to Five Hundred Dollars ($500.00) or up to twenty-five percent (25%) of contracted purse; For trainer, second or manager, up to Five Hundred Dollars ($500.00) or up to ten percent (10%) of contracted amount of the represented fighter; For promoter or director, up to Five Hundred Dollars ($500.00) or up to twenty-five percent (25%) of contracted amount of the highest two (2) combined bout purses during an event; and Referee, judge, timekeeper or matchmaker, up to Five Hundred Dollars ($500.00) or twenty-five percent (25%) of the contracted pay for that event.

Miss. Code Ann. § 75-75-121 Incidental expenses.

All licenses and permits issued by the commission shall be on forms prescribed by the commission, which shall be furnished to the commission on its order at the expense of the state. All stamps, books and other incidentals used by the commission shall be paid for on order of the commission, by the recorder of permits and licenses, out of funds on hand, for which he is accountable to the State Treasurer.

Miss. Code Ann. § 75-75-123 Certain matches exempted.

Boxing, sparring and wrestling matches in colleges, universities or high schools shall be exempted from the jurisdiction of the commission herein created and shall be permitted and supervised by the governing body of such high school, college or university.

Miss. Code Ann. § 75-75-125 Repealed.

Repealed by Laws of 1996, ch. 413, § 5, eff from and after July 1, 1996. [Laws, 1979, ch. 301, § 20; ch. 357, § 20; Laws, 1983, ch. 483, § 14; reenacted, Laws, 1991, ch. 517, § 14; reenacted and amended, Laws, 1995, ch. 301, § 14]