* § 5-a. Combative sports. 1. A "combative sport" shall mean any
professional match or exhibition other than boxing, sparring, wrestling
or martial arts wherein the contestants deliver, or are not forbidden by
the applicable rules thereof from delivering kicks, punches or blows of
any kind to the body of an opponent or opponents. For the purposes of
this section, the term "martial arts" shall include any professional
match or exhibition sanctioned by any of the following organizations:
U.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae
Kwon Do Union, North American Sport Karate Association, U.S.A. Karate
Foundation, U.S. Karate, Inc., World Karate Association, Professional
Karate Association, Karate International, International Kenpo
Association, or World Wide Kenpo Association. The commission is
authorized to promulgate regulations which would establish a process to
allow for the inclusion or removal of martial arts organizations from
the above list. Such process shall include but not be limited to
consideration of the following factors:

(a) is the organization's primary purpose to provide instruction in
self defense techniques;

(b) does the organization require the use of hand, feet and groin
protection during any competition or bout; and

(c) does the organization have an established set of rules that
require the immediate termination of any competition or bout when any
participant has received severe punishment or is in danger of suffering
serious physical injury.

2. No combative sport shall be conducted, held or given within the
state of New York, and no licenses may be approved by the commission for
such matches or exhibitions.

3. (a) A person who knowingly advances or profits from a combative
sport activity shall be guilty of a class A misdemeanor, and shall be
guilty of a class E felony if he or she has been convicted in the
previous five years of violating this subdivision.

(b) A person advances a combative sport activity when, acting other
than as a spectator, he or she engages in conduct which materially aids
any combative sport. Such conduct includes but is not limited to conduct
directed toward the creation, establishment or performance of a
combative sport, toward the acquisition or maintenance of premises,
paraphernalia, equipment or apparatus therefor, toward the solicitation
or inducement of persons to attend or participate therein, toward the
actual conduct of the performance thereof, toward the arrangement of any
of its financial or promotional phases, or toward any other phase of a
combative sport. One advances a combative sport activity when, having
substantial proprietary or other authoritative control over premises
being used with his or her knowledge for purposes of a combative sport
activity, he or she permits such to occur or continue or makes no effort
to prevent its occurrence or continuation.

(c) A person profits from a combative sport activity when he or she
accepts or receives money or other property with intent to participate
in the proceeds of a combative sport activity, or pursuant to an
agreement or understanding with any person whereby he or she
participates or is to participate in the proceeds of a combative sport
activity.

(d) Any person who knowingly advances or profits from a combative
sport activity shall also be subject to a civil penalty not to exceed
for the first violation ten thousand dollars or twice the amount of gain
derived therefrom whichever is greater, or for a subsequent violation
twenty thousand dollars or twice the amount of gain derived therefrom
whichever is greater. The attorney general is hereby empowered to
commence judicial proceedings to recover such penalties and to obtain
injunctive relief to enforce the provisions of this section.

* NB Repealed September 1, 2016