Amended  IN  Senate  May 23, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1834

Introduced by Assembly Member Gipson

February 07, 2022

An act to amend Section 19821 of Sections 19851 and 19876 of, and to repeal and add Section 19854 of, the Business and Professions Code, relating to gambling.


LEGISLATIVE COUNSEL'S DIGEST


AB 1834, as amended, Gipson. Gambling Control Act: records: open to public inspection. licenses.
Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Under the act, the Department of Justice is responsible for investigating any violations of, and enforcing, the act. Existing law requires the commission to keep a record of all proceedings at its regular and special meetings and to make these records open to public inspection. Existing law also requires the department to maintain a file of all applications for licenses under the act and a record of all actions taken with respect to those applications, and to make this file and record open to public inspection. Existing law requires a person who deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game in this state, to apply for and obtain a valid state gambling license, key employee license, or work permit. Existing law provides that an owner of a gambling enterprise is known as the owner-licensee. Under existing law, other persons who also obtain a state gambling license do not receive a separate license certificate, but instead the license of those persons are endorsed on the license certificate that is issued to the owner-licensee. Under existing law, a key employee license entitles the holder to work as a key employee in any key employee position at any gambling establishment, provided that the key employee terminates employment with one gambling establishment before commencing work for another. Existing law also authorizes a key employee with a valid personal portable license to work as a key employee in any key employee position in more than one gambling establishment and requires the commission to establish a program for portable personal licenses for key employees.

This bill would require the commission and department to make these records and the file open to public inspection during normal business hours.

This bill would repeal those provisions relating to key employees working at different gambling establishments and instead would prohibit a person or entity that is issued a license, including a key employee license, or a work permit from the commission, from being required to apply for an additional license to hold that same position with another gambling enterprise. The bill would allow the person or entity to submit their license or work permit number to the commission to be endorsed on the license certificate of another gambling enterprise for that same position.
Existing law requires a license issued by the commission to be renewed biennially.
Under this bill, a key employee license would initially be valid for a period of 2 years, and upon each renewal, the key employee license would be valid for a period of 3 years.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19851 of the Business and Professions Code is amended to read:

19851.
 (a) The owner of a gambling enterprise shall apply for and obtain a state gambling license. The owner of a gambling enterprise shall be known as the owner-licensee.
(b) Other persons who also obtain a state gambling license, as required by this chapter, shall not receive a separate license certificate, but the license of every such person licenses of those persons shall be endorsed on the license certificate that is issued to the owner of the gambling enterprise.
(c) (1) The commission shall not require a person or entity that is issued a license or work permit from the commission to apply for an additional license or work permit to hold that same position with another gambling enterprise. The person or entity may submit their license or work permit number to the commission to be endorsed on the license certificate of another gambling enterprise for that same position.
(2) For purposes of this section, a license includes a key employee license, as described in Section 19854.

SEC. 2.

 Section 19854 of the Business and Professions Code is repealed.
19854.

(a)Every key employee shall apply for and obtain a key employee license.

(b)No person may be issued a key employee license unless the person would qualify for a state gambling license.

(c)(1)Except as provided in paragraph (2), a key employee license shall entitle the holder to work as a key employee in any key employee position at any gambling establishment, provided that the key employee terminates employment with one gambling establishment before commencing work for another.

(2)Notwithstanding paragraph (1), a key employee with a valid personal portable license may work as a key employee in any key employee position in more than one gambling establishment.

(d)The commission shall establish a program for portable personal licenses for key employees, as well as a process by which valid key employee licenses then in effect shall be converted to personal portable licenses. The commission may, as part of that process, establish a fee to be paid by a key employee when seeking a personal portable license. The commission shall seek to implement the requirements imposed by this subdivision on or before July 1, 2008.

SEC. 3.

 Section 19854 is added to the Business and Professions Code, to read:

19854.
 (a) A key employee shall apply for and obtain a key employee license.
(b) A person shall not be issued a key employee license unless the person would qualify for a state gambling license.

SEC. 4.

 Section 19876 of the Business and Professions Code is amended to read:

19876.
 (a) Subject to the power of the commission to deny, revoke, suspend, condition, or limit any a license, as provided in this chapter, a license shall be renewed biennially. issued for the following terms:
(1) A license shall initially be valid for a period of two years from the date of issuance.
(2) Upon each renewal of a key employee license, as described in Section 19854, the license shall be valid for a period of three years from the date of the renewal.
(3) Upon each renewal of a license other than a key employee license, the license shall be valid for a period of two years from the date of the renewal.
(b) An application for renewal of a gambling license shall be filed by the owner licensee or key employee with the department no later than 120 calendar days prior to the expiration of the current license. The commission shall act upon any an application for renewal prior to the date of expiration of the current license. Upon renewal of any an owner license, the commission shall issue an appropriate renewal certificate or validating device or sticker.
(c) Notwithstanding the provisions of subdivision (b), if an applicant has submitted an application for renewal prior to the original expiration date of the current license and the commission is unable to act on the application prior to the expiration date, the commission may extend the current license for up to 180 days.
(d) Unless the commission determines otherwise, renewal of an owner’s gambling license shall be deemed to effectuate the renewal of every other gambling license endorsed thereon.
(e) In addition to the penalties provided by law, any an owner licensee who deals, operates, carries on, conducts, maintains, or exposes for play any a gambling game after the expiration date of the gambling license is liable to the state for all license fees and penalties that would have been due upon renewal.
(f) If an owner licensee fails to renew the gambling license as provided in this chapter, the commission may order the immediate closure of the premises and a cessation of all gambling activity therein within the premises until the license is renewed.
(g) If an owner licensee applicant submits an application for renewal of the gambling license after the deadline described in subdivision (b) but before the original expiration date of the license, the commission may assess reasonable delinquency fees not to exceed three times the usual application fee.

SECTION 1.Section 19821 of the Business and Professions Code, as amended by Section 35 of Chapter 615 of the Statutes of 2021, is amended to read:
19821.

(a)The commission shall make and keep a record of all proceedings at regular and special meetings of the commission. These records shall be open to public inspection during normal business hours.

(b)The department shall maintain a file of all applications for licenses under this chapter. The commission shall maintain a record of all actions taken with respect to those applications. The file and record shall be open to public inspection during normal business hours.

(c)The department and commission may maintain any other files and records as they deem appropriate. Except as provided in this chapter, the records of the department and commission are exempt from disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

(d)Except as necessary for the administration of this chapter, a commissioner or an official, employee, or agent of the commission or the department, having obtained access to confidential records or information in the performance of duties pursuant to this chapter, shall not knowingly disclose or furnish the records or information, or any part of the records or information, to any person who is not authorized by law to receive it. A violation of this subdivision is a misdemeanor.

(e)Notwithstanding subdivision (k) of Section 1798.24 of the Civil Code, a court shall not compel disclosure of personal information in the possession of the department or the commission to any person in any civil proceeding in which the department or the commission is not a party, except for good cause and upon a showing that the information cannot otherwise be obtained. This section shall not authorize the disclosure of personal information that is otherwise exempt from disclosure.