BILL NUMBER: AB 156	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Lara

                        JANUARY 18, 2011

   An act to amend Section 19902  of   of, and
to add Section 19943.5 to,  the Business and Professions Code,
relating to gaming.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 156, as amended, Lara. Gambling  control: sale or lease
of licensee property.   control. 
   Existing law establishes the California Gambling Control
Commission and prescribes the requirements for obtaining a gambling
license and defines a gambling establishment or licensed premises for
these purposes. Existing law limits the transfer of property if the
transferee has to be approved or licensed by the commission, and
specifically prohibits a contract for sale or lease of real or
personal property that requires approval of the commission, as
specified, from specifying a closing date earlier than 90 days after
the submission of the contract to the commission, as specified.
   This bill would permit a contract for the sale or lease of real or
personal property, subject to the limitations described above, to
specify a closing date earlier than 90 days after the submission of
the contract to the commission if the commission has approved the
contract and the parties have requested it. 
   Existing law requires the department to approve the play of any
controlled game, including, but not limited to, placing restrictions
and limitations on how a controlled game is played.  
   This bill would provide that a gambling establishment that
conducts play of a controlled game that has been approved by the
department, but is later found to be unlawful, has an absolute
defense to any criminal, administrative, or civil action provided the
game was being played in the manner approved and, during the time
for which it was approved, and play ceases upon notice that the game
has been found unlawful. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19902 of the Business and Professions Code is
amended to read:
   19902.  When any person contracts to sell or lease any property or
interest in property, real or personal, under circumstances that
require the approval or licensing of the purchaser or lessee by the
commission pursuant to subdivision (a) of Section 19853, the contract
shall not specify a closing date for the transaction that is earlier
than the expiration of 90 calendar days after the submission of the
completed application for approval for licensing. Except as provided
in this section, any provision of a contract that specifies an
earlier closing date is void for all purposes, but the invalidity
does not affect the validity of any other provision of the contract.
If the commission has approved a contract for sale or lease, the
commission may permit the contract to specify a closing date that is
earlier than the expiration of 90 calendar days after the submission
of the completed application, if so requested by the parties to the
contract.
   SEC. 2.    Section 19943.5 is added to the  
Business and Professions Code   , to read:  
   19943.5.  If a gambling establishment 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 establishment ceases play upon
notice that the game has been found unlawful.