The Gambling Control ActLicensing
Section § 19850
If you own, lease, work at, or are involved in any way with running or maintaining gambling games in California, you must apply for and keep a valid gambling license or work permit. Failure to do so can result in criminal charges and penalties as outlined in another law section.
Section § 19850.5
This law is saying that certain rules will apply to the operation and regulation of 'remote caller bingo' and 'card-minding devices,' but only if those rules are specifically mentioned in the related sections of the Penal Code. In other words, unless the mentioned Penal Code sections say that these rules apply, they don't.
Section § 19850.6
This law is about speeding up the implementation of remote caller bingo in California. To do this, it allows the commission in charge to skip some normal steps when creating rules, as long as they file their initial rules by May 1, 2009. The commission must create emergency rules for remote caller bingo and card-minding devices and these rules will last until the end of 2011, unless changed sooner. The aim is to quickly establish regulations to help nonprofit groups with their fundraising efforts without delays.
Section § 19851
If you own a gambling business in California, you need a state gambling license. Other people involved may also need a license, but they won't get a separate certificate; their names will be added to the business's license. The commission can sometimes skip parts of the application process for those with a good record. They plan to create a new type of license that lets someone be endorsed on multiple businesses' licenses. This new process makes it easier to handle renewals, but if any business's license becomes invalid, so does the endorsement.
Section § 19852
To get a state gambling license in California, if the gambling enterprise owner isn't a single person, several people involved must have their own licenses. These people include key figures in the business, like officers and directors, shareholders with significant interest, and those who can significantly influence the gambling operations. There are specific rules depending on the type of business entity, like corporations, partnerships, trusts, or limited liability companies. Special rules apply if the owner is a publicly traded or qualified racing association. Essentially, anyone with a significant stake or influence needs to be licensed, except for some investors like institutional ones.
Section § 19852.2
This law allows for specific exemptions from licensing requirements for certain limited partners associated with a card club located at or near a race track in California. To qualify for these exemptions, the card club must be owned by a limited partnership that also owns the racetrack. The exemptions apply if the limited partners collectively own at least 95% of the holding company and must be institutional investors, employee benefit plans, or state university endowment managers. Also, a few partners owning minimal shares may be exempt, as are those with less than a 5% aggregate interest in the holding company. However, these exemptions do not apply to general partners or other limited partners not specifically mentioned.
Section § 19853
This law gives a commission the power to require certain people involved with gambling operations to register, prove they are suitable, or get a license. This includes anyone earning from or owning property used by gambling businesses, those doing business at gambling sites, and people influencing the gambling operations. If a public company is involved in these activities, its officials and major shareholders may also need licenses.
Additionally, the department can investigate to check if public companies are engaging in specific gambling-related activities and report to the commission, which can then demand that the company’s leaders and large shareholders apply for licensing.
Section § 19854
To work as a key employee, which usually involves a significant role in a gambling business, you must first get a specific license called a 'key employee license.' You can't get this license unless you meet the requirements for a state gambling license. Once you have the license, you can work in any gambling enterprise in that position, but you need to inform the relevant department before starting. Your ability to work continues until the license expires or is revoked.
Section § 19855
If you need a state license to do something or have a certain job, you must get it before starting that activity or job. Also, if the commission tells you to apply for a gambling license or show you're suitable, you have 45 days to submit the application after being ordered to do so.
Section § 19856
To get a state license for controlled gambling in California, you need to prove you're qualified. This involves showing you're of good character, honest, and capable. When you apply, you're asking the commission to assess your character and trustworthiness. The commission will issue the license only if it believes the license won't harm public health, safety, or welfare, and if it trusts that the gambling will stay free of crime and dishonesty.
Section § 19857
To get a gambling license, the applicant must meet certain standards. First, they must be of good character, honest, and have integrity. They should not have a criminal record or any habits or associations that could threaten public interest or compromise the regulation of gambling. Lastly, the applicant must meet all other licensing qualifications laid out in the chapter.
Section § 19858
This law says that generally, if someone has a financial interest in a business involved in illegal gambling, they can't get a state gambling license. However, there are exceptions for public racing associations and certain people licensed before a specific date. Those exceptions include having an interest in a business that wasn’t operating as illegal gambling at the time they sought their license and having interests tied to race tracks. If a previously closed business reopens to engage in illegal gambling, the person has three years to sell their interest in it or their licensed gambling business. During this period, no cross-promotion is allowed, and funding for improvements can't come from illegal gambling revenues. Failure to comply brings back previous prohibitions.
Section § 19858.5
Section § 19859
This section outlines the reasons why a commission must deny a license to an applicant. An applicant can be denied if they can't prove they meet the requirements, fail to provide necessary information, or lie about important facts. Felony convictions can disqualify an applicant, except for certain cannabis-related felonies that are no longer crimes in California. Misdemeanor convictions involving dishonesty within the past 10 years can also be an issue unless certain legal relief is granted. Connections with organized crime or refusal to cooperate with investigations related to gambling and crime can lead to denial as well. Lastly, applicants must be at least 21 years old.
Section § 19860
This law says that a gambling license cannot be issued to any gambling business in a city or county unless the local area has laws regulating several specific issues about gambling. These issues include the hours that gambling places can stay open, safety of patrons, locations of gambling venues, limits on betting, and how many gambling tables are permitted. If a city or county doesn’t already regulate these issues, they can still pass an ordinance to address them without going through a particular legal process, but it must go through a public vote and only apply to private clubs, with the rules established by July 1, 2000.
Section § 19861
This law allows certain private gambling clubs in California to maintain their licenses even though they aren't open to the general public, as long as they follow specific rules. These include being located in an area that only allows private clubs, having been in operation as of December 31, 1997, and complying with state and local gaming regulations. Additionally, these clubs can have no more than five gaming tables and must use CCTV to record all gaming activities. These recordings must be kept for at least 30 days. To operate legally, the club must restrict access to members and their spouses, based on the membership criteria valid at the end of 1997. The statute allows these private clubs to continue operating under these conditions until November 30, 2003, or until any change in ownership or operation occurs, whichever happens first. Continued operation past this date requires local government approval for public gambling establishments, and regulations will be set by the commission.
Section § 19862
This law allows the commission to deny a gambling license for several specific reasons. They can say no if the new or expanded gambling place might cause law enforcement issues in areas where the applicant doesn’t have official regulatory jurisdiction. Also, if the applicant doesn’t prove the economic viability of the gambling site through a study, the commission can deny the license. Finally, the license can be rejected if the gambling spot is new or expanded near sensitive locations like schools, churches, playgrounds, hospitals, or other unsuitable areas. Expansion means adding 25% or more gambling tables than originally licensed.
Section § 19863
If a racing company that is publicly traded or meets certain qualifications wants to run a casino, they can only have one, and it must be on the same property as their racetrack.
Section § 19864
If you're applying for a gambling license in California, you need to fill out a specific form provided by the department. The application must include details like the name of the applicant, the location of the gambling establishment, the types of games you plan to offer, and information about anyone with a stake in the business. You'll also need to provide a description of how the gambling operation will run and any other information the commission might request.
Section § 19865
If you're applying to the department under this section, you need to fill out extra forms they provide. These forms ask for detailed information about your personal history, character, criminal record, and business connections over at least the last ten years. You also must submit two sets of fingerprints, either electronically through methods like live scan or on paper forms. The department might send one fingerprint set to the FBI.
Section § 19866
Section § 19867
When you apply for a license or to be deemed suitable for something, you have to pay a deposit that covers the expected costs of checking out your application. The person in charge sets guidelines for how much this deposit should be, depending on whether it's a new or renewal license. If the investigation costs more than expected, you might be asked to pay extra. If you end up overpaying, you'll get a refund, and you'll also get a detailed list of what everything cost at the end of the process.
Section § 19868
Once you apply and pay any fees, the department will start looking into your application. They try to finish within 180 days, but if they can't, they'll let you know what's going on and give an estimate of when they'll be done. If they think your application should be denied or have conditions, the chief will write a report explaining why and meet with you to discuss it. They'll send you a summary at least 10 days before the commission's meeting. They don't have to share any confidential info or details that might put someone's safety at risk. If your application gets denied, you can file a new one later.
Section § 19869
If you want to withdraw your application before a final decision is made, you can do so by submitting a written withdrawal request to the department. However, the commission will only approve this if it aligns with public interest and the chapter's policies. If the request is denied, the investigation may proceed as usual. If granted "with prejudice," you cannot reapply for a year. Application fees are generally non-refundable unless otherwise directed by the commission.
Section § 19870
This section explains the process the commission follows when deciding on an application for a license. The commission can either deny the application, approve it, or send it to an evidentiary hearing. If approved, the license may have conditions. If denied, or if conditions are imposed, the applicant has 30 days to request a hearing to reconsider the decision, which will suspend any action until resolved. If after a hearing the commission still denies the application, they must provide detailed reasons. All proceedings are recorded. If someone disagrees with the decision, they can petition for a court review, but only if the commission acted unfairly or beyond their powers.
Section § 19871
This law outlines how an evidentiary hearing should be conducted. Such a hearing involves taking oral evidence under oath and ensures each party can call witnesses, present relevant exhibits, cross-examine, challenge witnesses' credibility, and introduce rebuttal evidence. If the applicant does not testify voluntarily, they can be examined as if being cross-examined. The hearing isn't strictly bound by technical evidence rules, allowing any relevant evidence generally accepted in serious matters. However, this section does not grant the right to access the department's investigative reports or other confidential documents.
Section § 19872
This law section is all about preventing secret communications, called ex parte communications, between commission members and people involved in the application process for licenses, permits, or approvals. It says that neither commission members nor applicants or their representatives can talk privately about the merits of an application while it's being investigated or pending. If such a communication occurs, the commission member involved might have to step aside, or the application might be denied. The law requires making regulations to enforce this rule. However, talking about the application in public meetings is allowed.
Section § 19873
Section § 19874
Section § 19875
If you own a gambling business, you must always display your gambling license prominently in the area where gambling happens, so people can see it easily. This must be done until you get a new license to replace it.
Section § 19876
If you hold a gambling license, it's valid for two years. Before it expires, you need to apply for renewal at least 120 days ahead. If you apply on time but the decision isn't made before expiration, your license can be extended for 180 days. Operating a gambling business after your license expires can lead to fees and penalties. If you miss the renewal deadline, you might face fees up to three times the normal amount, and the gambling premises may need to shut down until the license is renewed.
Section § 19876.5
Section § 19877
Section § 19878
This law section sets rules for gambling license holders in California. If a person is denied a gambling license or loses it, a license holder can't work with them or hire them without official approval. If someone should be licensed but isn't, the business must end their role and can't work with them while a suspension lasts. Contracts linked to someone who loses their license will automatically end, and businesses won't owe compensation for services required to be licensed if the work was done after notification. There’s a clause that allows the commission to overlook some rules if a license was denied over unclear eligibility, but not if there were other reasons for the denial.
Section § 19879
If someone's application for a license is denied, they can't make money from investments in a business seeking or holding a state license. They also can't keep an interest in such a business for longer than the commission allows. If they sell their interest, they can't ask for more than what they paid or what it's worth at the time of the denial, whichever is higher. However, the commission might waive these rules if the denial was only because the person didn't prove their eligibility well enough, but not if there were other reasons for the denial.