Penalties - The Gambling Control Act - Business & Professions - CA

Section § 19940

If someone is banned from a gambling place and they still go there knowing they're not allowed, they've committed a minor crime.

Any person included on the list of persons to be excluded or ejected from a gambling establishment pursuant to this chapter is guilty of a misdemeanor if he or she thereafter knowingly enters the premises of a licensed gambling establishment.

gambling exclusion list ejection from casino restricted entry

Section § 19941

People under 21 aren't allowed to gamble, work in a gambling facility, or use fake IDs to do either of these things. If they do, it's a misdemeanor. Gambling establishments and their employees can also face misdemeanor charges if they let this happen knowingly. However, if a valid and trusted ID was checked, and seemed legitimate, the gambling place won't get in trouble if the ID was fake.

(a) A person under 21 years of age shall not do any of the following:

(1) Play, be allowed to play, place wagers at, or collect winnings from, whether personally or through an agent, a gambling game.

(2) Be employed as an employee in a licensed gambling establishment, except as provided in Section 19912.

(3) Present or offer to a licensee, or to an agent of a licensee, written, printed, or photostatic evidence of age and identity that is false, fraudulent, or not actually the person’s own for the purpose of doing any of the things described in paragraphs (1) and (2).

(4) Loiter in or about a room in which a gambling game is operated or conducted.

(b) A licensee or employee in a gambling establishment who knowingly violates or knowingly permits the violation of paragraphs (1) to (3), inclusive, of subdivision (a) is guilty of a misdemeanor.

(d) Proof that a licensee, or agent or employee of a licensee, demanded, was shown, and acted in reliance upon bona fide evidence of age and identity shall be a defense to any criminal prosecution under this section or to any proceeding for the suspension or revocation of a license or work permit based thereon. For the purposes of this section, “bona fide evidence of age and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license or an identification card issued to a member of the Armed Forces, that contains the name, date of birth, description, and picture of the person.

underage gambling fake ID gambling establishment

Section § 19942

This law states that if someone purposely doesn't report, pay, or correctly handle license fees as required, they could face jail time, a fine up to $5,000, or both. Also, if someone breaks any rules in this section without a specific penalty mentioned, it's considered a misdemeanor.

(a) Any person who willfully fails to report, pay, or truthfully account for and pay over any license fee imposed by this chapter, or who willfully attempts in any manner to evade or defeat the license fee or payment thereof, shall be punished by imprisonment in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine.

(b) Any person who willfully violates any of the provisions of this chapter for which a penalty is not expressly provided, is guilty of a misdemeanor.

license fee failure to report evade payment

Section § 19943

This section is about penalties for people or businesses involved in gambling who don't follow certain rules. If they know about the rules and choose to ignore them, they can be fined. Initially, fines can go up to $10,000, but they can increase to $25,000 if there's a past fine and up to $100,000 if there are multiple past fines. The rules don't apply if the person is criminally charged for related actions.

(a) Except as specified in subdivision (c), this section applies to any person or business that is engaged in controlled gambling, whether or not licensed to do so.

(b) Any person or business described in subdivision (a), with actual knowledge of the requirements of regulations adopted by the commission pursuant to subdivision (d) of Section 19841, that knowingly and willfully fails to comply with the requirements of those regulations shall be liable for a monetary penalty. The commission may impose a monetary penalty for each violation. However, in the first proceeding that is initiated pursuant to this subdivision, the penalties for all violations shall not exceed a total sum of ten thousand dollars ($10,000). If a penalty was imposed in a prior proceeding before the commission, the penalties for all violations shall not exceed a total sum of twenty-five thousand dollars ($25,000). If a penalty was imposed in two or more prior proceedings before the commission, the penalties for all violations shall not exceed a total sum of one hundred thousand dollars ($100,000).

(c) This section does not apply to any case where the person is criminally prosecuted in federal or state court for conduct related to a violation of Section 14162 of the Penal Code.

controlled gambling monetary penalty regulations compliance

Section § 19943.5

This law says that if a gambling business runs a game that was approved by the state, and later that game is considered illegal, the business isn't in trouble as long as they followed the approved rules and stopped immediately if told the game is illegal. However, if there’s a problem, the business has to prove the game was played according to the approval.

If a gambling enterprise conducts play of a controlled game that has been approved by the department pursuant to Section 19826, and the controlled game is subsequently found to be unlawful, so long as the game was played in the manner approved, the approval by the department shall be an absolute defense to any criminal, administrative, or civil action that may be brought, provided that the game is played during the time for which it was approved by the department and the gambling enterprise ceases play upon notice that the game has been found unlawful. In any enforcement action, the gambling enterprise shall have the burden of proving the department approved the controlled game and that the game was played in the manner approved.

gambling enterprise controlled game game approval

Section § 19944

If someone tries to stop or interfere with the department, the commission, or their workers while they are doing their jobs, they can be charged with a misdemeanor. This could mean up to six months in county jail, a fine of up to $1,000, or both.

Any person who willfully resists, prevents, impedes, or interferes with the department or the commission or any of their agents or employees in the performance of duties pursuant to this chapter is guilty of a misdemeanor, punishable by imprisonment in a county jail for not more than six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

interference misdemeanor county jail