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§3A-617.


§3A-617.
   
   A. In addition to the payment of any other fees and monies due
   pursuant to the Oklahoma Professional Boxing Licensing Act and the
   rules promulgated by the Oklahoma Professional Boxing Commission, an
   assessment in an amount equal to five percent (5%) of the total gross
   receipts of any professional boxing contest or professional
   exhibition, exclusive of any federal tax or tax imposed by any
   political subdivision of this state, shall be hereby levied and shall
   be remitted by every promoter and vendor to the Oklahoma Tax
   Commission; provided, however, if the promotion originates in
   Oklahoma, the promoter and vendor shall only be liable for assessments
   on the total gross receipts specified in subsections B and C of this
   section and shall not also be liable for the assessments specified in
   Section 622 of this title.
   
   B. For the purpose of this section, total gross receipts of every
   promoter shall include:
   
   1. The gross price charged by the promoter for the sale, lease, or
   other use of broadcasting, including, but not limited to, radio,
   television, including cable television, pay-per-view television, and
   closed-circuit television, or motion picture rights of boxing
   contests, events, or exhibitions conducted within this state, without
   any deductions for commissions, brokerage fees, distribution fees,
   advertising, or other expenses or charges;
   
   2. The face value of all tickets sold; and
   
   3. Proceeds from a vendor, or the promoter's gross price charged for
   the sale of food, alcoholic and nonalcoholic beverages, or
   merchandise, including, but not limited to, wearing apparel, souvenirs
   and programs.
   
   C. For the purpose of this section, total gross receipts of every
   vendor shall include the gross price charged for the sale of food,
   alcoholic and nonalcoholic beverages, and merchandise including, but
   not limited to, wearing apparel, souvenirs, and programs, excluding
   that portion paid to any promoter.
   
   D. Payment of the assessment on gross receipts, excepting for motion
   picture rights, shall be due within seventy-two (72) hours after the
   holding of the professional boxing contest or professional exhibition
   and shall be accompanied by a report in such form as shall be
   prescribed by the Oklahoma Tax Commission.
   
   E. The first payment of the assessment on gross income received from
   the sale of motion picture rights shall be due at the end of the month
   after the date of the sale of the motion picture rights, and further
   payments shall be due every thirty (30) days thereafter, during the
   presentation of the picture, and shall be accompanied by a gross
   receipts report in such form as shall be prescribed by the Oklahoma
   Tax Commission.
   
   F. Gross receipts reports signed under oath shall also include:
   
   1. The name of the promoter;
   
   2. The boxing contest or professional exhibition sanctioning permit
   number;
   
   3. The promoter's business address and any license or permit number
   required of such promoter by law;
   
   4. Gross receipts as specified by this section, during the period
   specified by this section; and
   
   5. Such further information as the Oklahoma Tax Commission may require
   to enable it to compute correctly and collect the assessment levied
   pursuant to this section.
   
   G. In addition to the information required on reports, the Oklahoma
   Tax Commission may request, and the promoter shall furnish, any
   information deemed necessary for a correct computation of the
   assessment levied pursuant to this section.
   
   H. All levies pursuant to this section shall be collected by the
   Oklahoma Tax Commission and shall be placed to the credit of the
   Professional Boxing Licensing Revolving Fund.
   
   I. The monies collected from the assessment levied pursuant to the
   provisions of this section shall be in addition to all other revenues
   and funds received by the Oklahoma Professional Boxing Commission.
   
   J. The promoter shall compute and pay to the Oklahoma Tax Commission
   the required assessment due. If the payment of the assessment is not
   postmarked or delivered to the Oklahoma Tax Commission as specified in
   subsection D or E of this section, whichever is appropriate, the
   assessment shall be delinquent from such date.
   
   K. It shall be the duty of every promoter required to make a gross
   receipts report and pay any assessment pursuant to the provisions of
   this section to keep and preserve suitable records and documents which
   may be necessary to determine the amount of assessment due as will
   substantiate and prove the accuracy of such reports. All such records
   shall be preserved for a period of three (3) years, unless the
   Oklahoma Tax Commission, in writing, has authorized their destruction
   or disposal at an earlier date, and shall be open to examination at
   any time by the Oklahoma Tax Commission or by any of its authorized
   employees.
   

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