Article 2Administration
Section § 19810
This law says that unless this chapter specifies otherwise, the Attorney General can use any of the department's powers described here, or can allow someone else to use these powers on their behalf.
Section § 19811
This law creates the California Gambling Control Commission, which is a group of five people chosen by the Governor and approved by the Senate. This commission takes over all responsibilities from the old California Gambling Control Board. It has the authority to oversee and regulate gambling operations and anything connected to them in the state.
Section § 19812
This law outlines the qualifications for being a member of a specific commission in California. To qualify, members must be U.S. citizens who live in California. People who hold legislative or elected positions, or have official roles in political parties, cannot be appointed. No more than three out of five members can belong to the same political party. Anyone with recent ties to gambling businesses is also ineligible. Additionally, one member must be an accountant or finance expert, another a lawyer with regulatory experience, a third from law enforcement, a fourth with business or government experience, and one member should be a general public representative.
Section § 19813
This law outlines how members are appointed to a commission. Initially, the terms vary from two to four years, but after that, all terms last four years. The Governor appoints and can designate the chairperson, with Senate approval. The initial appointments must happen within three months, and any vacancies are to be filled within 60 days. The Governor can remove a member for reasons like incompetence or corruption but must allow a chance to respond.
Section § 19814
The law states that while serving, members of the commission cannot have other jobs or business interests. Also, before starting their duties, the chief and each commission member must take an oath promising they have no financial ties with gambling license holders.
Section § 19815
This law explains that the salaries for members and the chairperson of a specific commission are determined by existing sections of another part of the Government Code. Members refer to Section 11553.5, and the chairperson refers to Section 11553 for their salary amounts.
Section § 19816
This law outlines the appointment and responsibilities of the executive director of a commission. The executive director cannot have worked for or made significant income from a gambling establishment in the two years prior to their appointment. The commission sets their salary with approval from the Department of Human Resources. Additionally, the commission can hire more staff to fulfill its duties.
Section § 19817
This law section requires the creation of a Gaming Policy Advisory Committee made up of representatives from both the gambling industry and the general public. The committee meets to talk about gambling regulations and issues. Their recommendations are given to the commission, but these recommendations are just advice and not mandatory for the commission to follow. The committee cannot give advice on issues related to Indian gaming.
Section § 19818
This law requires a commission to look into two things: first, whether it would be good or bad to tax gambling businesses at the state level, and second, how to regulate gambling ads to protect children. The commission must share what they find with the state's lawmakers and the Governor by January 1, 2005.
Section § 19819
This section outlines how the commission operates: it must have a main office in Sacramento but can meet anywhere in the state if it's better for the public. Records of all votes must be kept at this main office. To make any official decisions, at least three members must agree. The commission’s meetings are generally subject to certain government meeting rules, but some documents used to evaluate applicants are kept private.
Section § 19820
This law allows a commission to hire up to eight lawyers. However, it doesn't excuse the commission from following certain other rules set by the Government Code sections 11040, 11042, or 11043.
Section § 19821
This law outlines the rules for record-keeping and privacy for a commission's meetings and licensing applications. They must make records from meetings and application processes available to the public. They can keep other records too, but these are generally not available to the public unless specified. Officials cannot share confidential info they learn on the job with unauthorized people, or they could face misdemeanor charges. Courts can't force the commission to share personal information in civil cases unless there's a strong reason and no other way to get it, and it can't override other privacy protections.
Section § 19822
This law section states that any information held by state or local agencies that's relevant to the department's investigation must be shared with the department if requested. However, if the information is considered confidential, it will remain so even after being shared. Additionally, any gambling-related documents the department has are always available for inspection by commission members.
Section § 19823
This law says the commission's job is to make sure gambling licenses, approvals, and permits are only given to qualified people. They shouldn't be given to anyone who isn't properly qualified or who might negatively impact public health, safety, or welfare. Also, people who aren't qualified shouldn't be involved in running or owning gambling operations. The terms 'unqualified' and 'disqualified' are defined by specific criteria in other sections of the law.
Section § 19824
This law gives the commission broad authority to manage gambling activities. The commission can require applications for licenses or permits, deny or limit these for various reasons, and approve or disapprove certain transactions. It ensures only qualified people and suitable locations are involved in gambling activities. The commission can grant temporary licenses and take legal action to prevent violations. It also has the power to issue subpoenas to gather evidence during investigations.
Section § 19824.5
Section § 19825
This law gives the commission the power to require that any issues related to licenses, permits, or suitability findings that need to be resolved in a hearing must follow a specific legal process set out in another part of the government code. This means such hearings will be conducted according to established procedures, ensuring fairness and consistency.
Section § 19826
This section details the responsibilities of the department in overseeing gambling activities in California. The department is in charge of investigating and processing applications for gambling-related licenses, monitoring gambling operations to ensure that unsuitable individuals are not involved, investigating violations, and handling complaints from the public. It can also initiate disciplinary actions, adopt necessary regulations, and approve or restrict the rules of controlled games. The department is responsible for making gaming rules available to the public and can recover costs for the review and approval of these rules from the licensee.
Section § 19827
This section gives the department a variety of powers to effectively oversee and regulate controlled gambling operations. They can investigate gambling premises without a warrant, inspect gambling equipment and supplies, and seize any necessary documents or materials for inspection. Additionally, the department can access and audit financial records of gambling establishments with the presence of a licensee. They also have the authority to issue subpoenas and administer oaths to witnesses. In certain urgent situations, or with consent, they can conduct warrantless inspections. The law also clarifies that these powers do not limit other legal powers conferred on peace officers for criminal investigations related to gambling.
Section § 19828
This law ensures that certain communications relating to applicants, licensees, or registrants are protected against defamation lawsuits when made by department or commission agents as part of their official duties or required by law. Such communications are considered 'absolutely privileged.' Any privileged information disclosed to the department or commission remains protected and can't be released without consent or a specific court order. If a court order is sought to release such information, all affected parties must receive at least 10 business days' notice.
Section § 19829
This law requires district attorneys and law enforcement agencies to provide certain information to the state department whenever they investigate or prosecute someone for potentially breaking gambling laws. The department needs this information to determine if there has been a violation of specific laws related to gambling.
Section § 19830
This law section talks about a special account within the Gambling Control Fund that's used to cover the costs of investigating applications for gambling licenses or approvals. When someone pays to cover these investigation expenses, the funds go into this account. The department can also advance money from this account to help with investigation costs.