Combative Sports and Combative Sports Entertainment

Del. Code tit. 28, ch. 1
in effect

Del. Code tit. 28, § 101 Legislative intent and findings; statutory construction.

(a) It is the intent of the General Assembly in enacting this chapter to regulate amateur and professional combative sports and combative sports entertainment. Unregulated combative sports and combative sports entertainment matches, contests, and events threaten the health, safety, and welfare not only of their participants, but also of those charged with staging and judging them, those who train to participate in them at a future time, and in some cases those who attend them. (b) To the end of furthering the substantial and compelling interest of the people of this State in regulating combative sports and combative sporting entertainment events, and in order to promote the health, safety and welfare, of those effected by combative sports and combative sports entertainment in Delaware, this chapter shall be liberally construed so as to effectuate its purposes.

Del. Code tit. 28, § 102 Definitions.

The following words, terms, and phrases shall, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. (1) “Amateur boxing” shall mean any boxing event, as herein defined, which is sanctioned by an amateur boxing association recognized by the Director, such as, but not limited to, the International Amateur Boxing Association, Golden Gloves USA Boxing, Inc. or Mid-Atlantic Association, and for which boxers who engage in a match or contest where no purse of cash or any other article of value is awarded for that boxer’s participation or victory, and who has never received any purse of cash or other article of value for that boxer’s participation or victory in a match or contest, which is greater than the maximum amount permitted by the Division, as defined in rule and regulations of the Division. (2) “Bout” shall mean 1 combative sports match, as defined herein. (3) “Boxing” shall mean the act, activity, or sport of attack and defense in which a participant delivers blows with that participant’s fists, especially according to rules requiring the use of boxing gloves and limiting legal blows to those striking above the waist and on the front or sides of the opponent. (4) “Boxing match” shall mean a single boxing bout wherein participants use their best efforts to prevail through knockout, technical knockout, judges’ decision or any other manner of determining victory which are consistent with the rules governing boxing and authorized by the rules and regulations of the Division. (5) “Combative fighting” shall include, but not be limited to such terms as “toughman fighting”, “toughwoman fighting”, “badman fighting”, “extreme fighting”, and all such similar terms or names, and shall mean any unsanctioned combative sports or wrestling match, contest or exhibition between 2 or more participants and where members of the public are selected from the audience to participate with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, and who compete for a financial prize or any item of pecuniary value, and which match, contest, tournament, championship or exhibition is not recognized or sanctioned by any international, national or regional professional sanctioning organization recognized by the Director. (6) “Combative sports” shall include all professional boxing and mixed martial arts and all amateur boxing and mixed martial arts. (7) “Combative sports entertainment”, included but not limited to “celebrity boxing”, “entertainment boxing” and all such similar terms or names shall mean a display of skill for the purpose of entertaining an audience, consisting of choreographed or simulated combat in which techniques commonly used in combative sports are employed by participants. The participants do not exert their best effort and the winner is determined prior to the match. (8) “Contest” shall mean a bout or group of bouts involving contestants competing in a professional or amateur combative sports or permitted combative sports entertainment event. (9) “Contestant” shall mean a person who competes in any licensed combative sports event or permitted combative sports entertainment event. (10) “Council” shall mean the Combative Sports Advisory Council. (11) “Director” shall mean the Director of the Division of Professional Regulation of the Department of State. (12) “Division” shall mean the Division of Professional Regulation of the Department of State. (13) “Event” shall mean an organized series of contests and/or individual matches presented as a single occasion. (14) “Mixed martial arts” shall mean combative discipline in which a combination of controls, takedowns, submissions and striking techniques are employed by trained practitioners. (15) “Professional” shall mean a person who engages in a match or contest where a purse of cash or other article of value is awarded for that person’s participation or victory which is greater than the maximum amount permitted by the Division to be awarded to an amateur, as defined in the Division’s rule and regulations. (16) “Professional boxing” shall mean a boxing match as herein defined, which is sanctioned by a professional boxing association recognized by the Director, such as, but not limited to, the World Boxing Association or the World Boxing Conference of the North American Boxing Association, and for which the boxers are compensated financially. (17) “Promoter” shall mean any person, regardless of job title, who arranges, advertises, produces, stages or conducts a combative sports or combative sports entertainment event. (18) “Secretary” means the Secretary of State or designee.

Del. Code tit. 28, § 103 Rules and regulations.

(a) In the interest and for the protection of the public health, safety, and welfare, the Division of Professional Regulation shall promulgate and enforce rules and regulations relating to the regulation of combative sports and combative sports entertainment events in Delaware. (b) The Division shall have the following powers and duties related to the regulation of combative sports and combative sporting entertainment events: (1) To make and publish rules regulating all professional and amateur combative sports and combative sports entertainment events held in the State, and such rules shall have the force and effect of law; (2) To accept applications for and issue licenses and permits for combative sports or combative sports entertainment events held in the State. Such licenses and permits shall be issued in accordance with rules duly adopted by the Division; (3) To suspend or revoke licenses and to fine licensees or permittees for any violation of this statute or any regulation made pursuant thereto; (4) To charge fees to be determined by the Director of any license or permit authorized hereby; and the amount charged for fees imposed under this chapter shall approximate and reasonably reflect costs necessary to defray the expenses of the Council, as well as the proportional expenses incurred by the Division. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter; (5) To establish reasonable qualifications for any applicant seeking a license or permit, or to be registered, pursuant to this chapter; (6) To establish criteria to determine whether and when a bond shall be posted by a permittee or licensee, the amount of any bond it requires to be posted, and any other conditions relating to the posting of a bond, including those relative to any waiver or exclusion from such posting requirement; (7) To provide for the designation and assignment of an agent who shall: a. Be present at all times during any combative sports or combative sports entertainment event to which that agent is assigned; b. Represent the State and act on behalf of the Division at such event for all reasons consistent with the Division’s authority under this chapter; and c. Exercise and enforce this chapter and the Division’s regulations including, but not limited to: 1. The authority to veto the decisions of event officials and participants for good cause; and 2. The authority to halt any or all matches undertaken during the event, or to halt the entire event. d. Any such agent, and any of its authorized representatives and employees, shall be treated as an agency of the State and/or a public officer or employee of the State, for purposes of subchapter I of Chapter 40 of Title 10; (8) To be present at licensed and permitted events in all areas where contestants are prepared and evaluated, including dressing rooms and ringside; (9) To veto the decisions of event officials and participants for good cause; and the authority to halt any or all matches undertaken during the event, or to halt the entire event for good cause.

Del. Code tit. 28, § 104 Investigative authority; complaints.

(a) The Director, or the Director’s designee, shall investigate either by complaint or sua sponte all allegations of violation of statutory or regulatory provisions regulating combative sports and combative sports entertainment in the State, and in doing so, an agent of the Division may enter, at a reasonable time and without prior notice, any place of business or other establishment or building in which activity alleged to violate this chapter may occur. All violations shall be investigated as prescribed in § 8735(h) of Title 29. The Secretary, or the Secretary’s designee, shall have the authority to suspend or revoke any license or permit or to impose an administrative penalty on any licensee or permittee for any violation of this statute or any rules or regulations made pursuant thereto. Any license may be suspended pending a hearing before the Secretary, or the Secretary’s designee, for any statutory or regulatory violation which, in the opinion of the Director, or the Director’s designee presents an imminent threat to the safety of the contestants or to the health, welfare or safety of the general public. The Director, or the Director’s designee, shall immediately inform the promoter of the combative sports and/or combative sports entertainment event and the manager of each contestant in the event of the nature of the violation and the reason for the suspension. All violations shall be heard by the Secretary, or the Secretary’s designee within 30 days of the suspension. All hearings regarding statutory or regulatory violations shall be governed by the provisions set forth in the Delaware Administrative Procedures Act, Chapter 101 of Title 29. The proceeds of all administrative penalties imposed by the Secretary shall be paid to the Division. (b) Any person wishing to make a complaint against any licensee or permittee shall file such a complaint in the form and manner set forth in § 8735(h) of Title 29.

Del. Code tit. 28, § 105 Combative sports license.

(a) No person shall participate in a professional combative sports event unless licensed by the Division or the Division’s designated agent and the following conditions exist: (1) Where the promoter presents proof of insurance sufficient to provide medical care of the nature and quality recognized as falling within the standard of medical care in the State by the medical community of the State; and (2) Where a physician, licensed to practice medicine by the Delaware Board of Medical Licensure and Discipline, is in attendance under the authority of the Division or its designated agent; and (3) Where the promoter, contestant, referee, timekeeper, seconds and judges shall be licensed by the Division or its designated agent; and (4) Where the event is held in accordance with the sanctioning organization’s rules, bylaws, guidelines or other such conditions. (5) Where all license fees have been paid to license the event, in an amount established by the Director or the Division’s designee. (6) No contestant shall be licensed to participate in a combative sports event unless certified as physically and mentally fit by a medical doctor licensed by the State for professional combative sports events. The medical examination of the contestant shall take place no sooner than 5 days prior to the combative sports event. The costs of the examination shall be paid by the promoter and not deducted from or charged against the purse or other monetary or financial compensation awarded to the contestant. Medical certification of all contestants shall be presented to the Division prior to the combative sports event. The criteria for physical and mental fitness shall be established by rule. (7) All contestants who suffer loss of consciousness or who have been injured seriously as a result of blows received to the head or body shall be supervised for a period not to exceed 120 days by a licensed medical doctor. The determination of loss of consciousness or of serious injury shall be made only by a medical doctor licensed by the State and approved by the Director, or the Director’s designee, for attendance at the event. The Secretary, or the Secretary’s designee, shall suspend the license to engage in combative sports of any contestant who shall have suffered loss of consciousness or serious injury as a result of blows received to the head or body for a period of no less than 60 days. Such suspension shall remain effective unless and until such contestant shall present to the Secretary, or the Secretary’s designee, a certificate of medical clearance on a form approved by the Director and signed by a medical doctor licensed in the State certifying that the contestant is physically and mentally fit to engage in combative sports. (b) No person shall participate in an amateur combative sports event unless that event is permitted by the Division and the following conditions exist: (1) Where such combative sports event is sanctioned by an amateur sanctioning organization recognized by the Director; and (2) Where such amateur combative sports event is permitted by the Division; (3) Where the event is held in accordance with the Division’s rules, bylaws and guidelines or other such conditions; (4) Where a fee has been paid to permit the event, in an amount established by the Director. (5) No contestant shall be licensed to participate in a combative sports event unless certified as physically and mentally fit by a medical doctor licensed by the State for amateur combative sports events. The medical examination of the contestant shall take place no sooner than 5 days prior to the combative sports event. The costs of the examination shall be paid by the promoter and not deducted from or charged against the purse or other monetary or financial compensation awarded to the contestant. Medical certification of all contestants shall be presented to the Division prior to the combative sports event. The criteria for physical and mental fitness shall be established by rule. (6) All contestants who suffer loss of consciousness or who have been injured seriously as a result of blows received to the head or body shall be supervised for a period not to exceed 120 days by a licensed medical doctor. The determination of loss of consciousness or of serious injury shall be made only by a medical doctor licensed by the State and approved by the Director, or the Director’s designee, for attendance at the event. The Secretary, or the Secretary’s designee, shall suspend the license to engage in combative sports of any contestant who shall have suffered loss of consciousness or serious injury as a result of blows received to the head or body for a period of no less than 60 days. Such suspension shall remain effective unless and until such contestant shall present to the Secretary, or the Secretary’s designee, a certificate of medical clearance on a form approved by the Director and signed by a medical doctor licensed in the State certifying that the contestant is physically and mentally fit to engage in combative sports.

Del. Code tit. 28, § 106 Combative sports entertainment permit.

(a) No person may advertise, hold, conduct, or exhibit any combative sports entertainment event unless the person first obtains from the Division a permit to advertise, hold, conduct, or exhibit the specific combative sports entertainment event. A permit is only valid for the single occasion for which it is issued. All forms of advertising shall prominently display the permit number issued for the event. If the advertisement is in other than a written format the permit number shall be verbally announced within the advertisement. (b) Submit a permit application and pay a fee as determined by the Director.

Del. Code tit. 28, § 106A Combative sports entertainment requirements.

(a) No person shall hold, conduct, or exhibit any combative sports entertainment event unless such person: (1) Provides for emergency equipment and personnel to be present at the permitted event. Minimum emergency equipment and personnel shall consist of an ambulance and 2 EMTs who shall be present and on site at all times during the event; and (2) Provides for adequate security personnel to maintain order and provide safety during and after the event. (b) If the services of any fire company, police agency, paramedic, and/or emergency medical services provider are used for any participant of a combative sport entertainment event then the promoter of such event shall be responsible for and shall pay the costs of the services provided by the fire company, police agency, paramedic, and/or emergency medical services provider.

Del. Code tit. 28, § 107 Exceptions.

The licensing, permitting, registration and bonding requirements set forth in the chapter do not apply to a match, contest, or event, or the participants therein: (1) To any intramural or intermural combative sports event or athletic competition of any school, college, or university accredited by the Delaware Department of Education or any combative sports event held on any federal military reservation, provided that those participating in such an event are students or faculty of such school, college or university or students or faculty from a school, college or university inside or outside the State and accredited by the appropriate State educational authority or members of the armed forces of the United States or enrolled in and supervised by the Delaware State Police Academy. (2) [Reserved.]

Del. Code tit. 28, § 108 Penalties.

(a) Combative fighting, as defined herein, shall be prohibited in the State. All participants in a combative fighting event, including, but not limited to contestants, promoters, managers, matchmakers, seconds, judges, timekeepers and referees, shall be subject to prosecution under Title 11. (b) No combative sports or combative sports entertainment event shall be permitted unless licensed by the Division or its designated agents. All participants in such an unlicensed combative sports or combative sports entertainment event, including, but not limited to, contestants, promoters, managers, matchmakers, seconds, judges, timekeepers and referees, shall be subject to prosecution under Title 11 for applicable offenses. (c) Any promoter who has been found guilty by the Secretary, or the Secretary’s designee, of promoting an unsanctioned combative sports match shall be assessed an administrative penalty of no less than $500 nor more than $1,000 per individual combative sports match regardless of the number of matches scheduled. (d) Any promoter who has been found guilty by the Secretary, or the Secretary’s designee, of promoting an unsanctioned combative sports entertainment event shall be assessed an administrative penalty of no less than $500 nor more than $1000 per event scheduled. (e) If the services of any fire company, police agency, paramedic, and/or emergency medical services provider are used for any participant in any unsanctioned combative sports and/or combative sports entertainment event then the promoter of such event shall be responsible for and shall pay the costs of the services provided by the fire company, police agency, paramedic, and/or emergency medical services provider in addition to any other penalties specified herein.

Del. Code tit. 28, § 109 Injunctive relief.

(a) The Division may seek injunctive relief in any court of competent jurisdiction of this State to enjoin any person from undertaking any combative sports or combative sports entertainment event in violation of this chapter or of the Division’s regulations or to compel obedience to any order of the Director relating to combative sports and combative sports entertainment. (b) In addition to any other statutory or regulatory sanction that may be imposed, the Director shall have the authority to apply to the Delaware Court of Chancery for an injunction, restraining order or any other order as may be appropriate to enjoin any person, partnership, organization, corporation, limited liability company, limited partnership or limited partnership from: (1) Promoting or offering to promote any unlicensed amateur or, professional combative sports event or combative sports entertainment event; (2) Advertising or offering to advertise any unlicensed amateur or professional combative sports event or combative sports entertainment event; (3) Conducting or offering to conduct any unlicensed amateur or professional combative sports event or combative sports entertainment event; or (4) Competing or offering to compete in any unlicensed amateur or professional combative sports event or combative sports entertainment event. (c) Any court of competent jurisdiction in this State may assess and compel payment of a civil penalty pursuant to this section.

Del. Code tit. 28, § 110 Combative Sports Advisory Council.

(a) The Division shall establish a Combative Sports Advisory Council. (b) The Advisory Council shall be composed of 7 members who shall be appointed by the Director of the Division of Professional Regulation. The members shall include the following: (1) One member shall be a physician licensed by and a resident in the State with an expertise in sports medicine. (2) One member, who is currently, or shall have been a full-time member of a Delaware police agency or a federal agency with law-enforcement responsibilities with no less than 3 years experience in the areas of gambling, organized crime or related areas. (3) One member shall be a Delaware resident with no less than 3 years experience as a boxer. (4) One member shall be a Delaware resident with no less than 3 years experience as a mixed martial arts practitioner. (5) One member shall be a Delaware resident with no less than 3 years experience as a promoter. (6) One member shall be a Delaware resident with no less than 3 years experience as a referee. (7) One member shall be a public member that shall not be, nor ever have been a boxer, promoter, manager, second, referee or judge or employed by a boxer, manager, second, referee or judge nor have been engaged in an activity directly related to boxing. The public member shall be accessible to inquiries, comments and suggestions from the public. (c) The Combative Sports Advisory Council shall: (1) Hold open, public meetings as required by the Director, and in accordance with the provisions of the Delaware Freedom of Information Act (Chapter 100 of Title 29) and the Delaware Administrative Procedures Act (Chapter 101 of Title 29), to discuss issues relating to the state of combative sports and combative sports entertainment in Delaware including, but not limited to: rules and regulations, proposed legislation, policy guidelines, amateur and professional participation in combative sports and combative sports entertainment events, and such other issues as it deems appropriate; (2) Submit to the Director of the Division of Professional Regulation proposed rules, regulations, legislation, or policy guidelines relating to the conduct of combative sports and combative sports entertainment matches, contests, and events, and the participants therein; (3) Upon the request of the Director or any licensee or permittee or upon a motion of 2 / 3 of the Council, review any rule, regulation, statutory provision, or policy guideline issued by the Division governing any amateur or professional combative sports or combative sports entertainment event for the purpose of advising the Division as to the fairness or a violation thereof; and (4) Review all written reports submitted by a referee following a combative sports or combative sports entertainment match the end of which was not satisfactory to the referee and make recommendations thereon to the Division. (d) The Council may review at the request of the Director all applications for any license or permit issued by the Division for the purpose of regulating the conduct of amateur and professional combative sports or combative sports entertainment event within Delaware. When reviewing such applications, the Council shall review any medical or criminal histories contained therein in executive session, and such histories shall be exempt from disclosure under the Delaware Freedom of Information Act [Chapter 100 of Title 29]. (e) The Advisory Council may require any licensee, permittee, registrant, medical personnel, or other person identified in the Division’s regulations to submit 1 or more reports relating to any match, contest, or event in order to fulfill its duties under subsection (c) of this section. Such reports shall be submitted under oath and notarized on a form approved by the Division. Refusal by any licensee, permittee, or registrant to comply with the Advisory Council’s reporting requirement pursuant to this subsection shall be deemed sufficient grounds for immediate censure, suspension, or revocation of the respective license, permit or registration. (f) The Advisory Council may hear oral testimony from any witness having relevant evidence in any matter relating to any match, contest, or event in order to fulfill its duties under subsection (c) of this section. Such testimony shall be given under oath and permanently preserved on audio recording tape, by stenographic transcript, or in another manner pursuant to the Division’s regulations.

Del. Code tit. 28, § 111 Revocation, suspension, censure, reprimand, probation, fine, license or permit refusal.

The Secretary or the Secretary’s designee may refuse a license or permit, suspend or revoke a license or permit issued or allowed pursuant to this chapter, or may reprimand, censure or fine a licensee or permittee, if the Secretary or the Secretary’s designee has reasonable grounds to believe that the applicant, licensee, registrant, or permittee has: (1) Violated a provision of this chapter or of the Division’s regulations; (2) Been adjudged guilty in another jurisdiction of violating any statute or regulation governing combative sports or any combative sports entertainment event prohibited or regulated by the Division; (3) Been disciplined by any sanctioning organization recognized by the Division; (4) Pleaded guilty to, or been convicted of, any crime that is substantially related to combative sports or combative sports entertainment in any jurisdiction, including but not limited to bribery, gambling, racketeering, combative fighting or organized-crime activities; (5) Been found to have committed an administrative violation in any jurisdiction for acts constituting bribery, gambling, racketeering, combative fighting or organized-crime activities; (6) Been afflicted with a physical or mental disability or impairment that renders the applicant, licensee, registrant, or permittee no longer capable of exercising the rights or discharging the duties granted pursuant to the license, registration, or permit; provided, however, that the Division must consider, as a mitigating factor, the person’s participation in the Voluntary Treatment Option Program as set forth in § 8735(n) of Title 29; (7) Failed to complete at the direction of the Division, its designee or of the Council, any paperwork or administrative formalities in connection with the applicant’s, licensee’s, registrant’s, or permittee’s participation in or association with a combative sports or combative sports entertainment match conducted in this State, as defined in rule and regulation; or (8) Engaged in an activity that, in the opinion of the Director, warrants refusal of license or permit, censure, probation, issuing a reprimand or fine, suspension, or revocation in order to preserve the integrity of combative sports and combative sports entertainment in Delaware.

Del. Code tit. 28, § 112 Forfeiture of purse.

The Director may order any combative sports or combative sports entertainment participant or manager who has received a purse of cash, or any other article of value, in an amount in excess of $1,000 to forfeit the same to the Division for any serious violation of this chapter or Division regulations. The Division shall establish by regulation guidelines for determining what violations of this chapter or of the Division’s regulations are considered serious violations requiring a participant or manager to forfeit of a purse.

Del. Code tit. 28, § 113 Judicial review; appeal from decision or order.

(a) Any person aggrieved by a decision or order of the Secretary or the Director relating to combative sports or combative sports entertainment may seek judicial review thereof by appealing the matter to the Superior Court within 30 days of the dated the decision was mailed. (b) Any appeal taken pursuant to this section does not stay the effect of the decision or order of the Director which is the subject of the appeal. The court may order a stay upon a showing of irreparable harm to the appellant. The court may require a bond if it orders a stay pursuant to this section. (c) Any appeal taken pursuant to this section shall be on the record to the extent one exists. Where no record exists, the court may remand the matter to the Director for the purposes of establishing a record or may, for good cause shown, retain the matter and accept such additional evidence as it deems necessary to render a decision in the matter. If the court retains the matter, it may affirm or reverse the decision or order, or may remand the matter to the Director for further proceedings.

Del. Code tit. 28, § 114 Service of process.

Notice of an appeal filed pursuant to § 113 of this title shall be served upon the Director, or the Director’s designee, and all other parties of record who are subject to the decision or order, together with such other material and information as required by the court. Service of process shall be perfected pursuant to the Rules of the Superior Court governing service of process in civil proceedings.

Del. Code tit. 28, § 115 Certification of record.

(a) Upon being served with a notice of appeal pursuant to § 113 of this title the Director, or the Director’s designee, shall certify to the court the record of the proceedings to which the petition relates, if one exists. (b) The petitioner shall pay all costs associated with the preparation and certification of the record pursuant to this section, which shall be paid upon the conclusion of the proceedings at the direction of the court.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title28/c001/sc01/index.htmlFetched: 10/4/2026