Bill Text: CA AB903 | 2015-2016 | Regular Session | Amended
Bill Title: Gambling Control Act.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB903 Detail]
Download: California-2015-AB903-Amended.html
BILL NUMBER: AB 903 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Cristina Garcia
FEBRUARY 26, 2015
An act to amend Section 17539.1 Sections
19911 and 19921 of the Business and Professions Code, relating
to sweepstakes. gaming.
LEGISLATIVE COUNSEL'S DIGEST
AB 903, as amended, Cristina Garcia. Unfair business
practices: contests and sweepstakes. Gambling Control
Act.
The Gambling Control Act provides for the licensure of certain
individuals and establishments involved in various gambling
activities, and for the regulation of those activities, by the
California Gambling Control Commission. Existing law prohibits a
person under 21 years of age from being eligible for a work permit in
a gambling establishment. Existing law also prohibits a person under
21 years of age from entering the premises of a licensed gambling
establishment, except as provided.
This bill would permit a person between 18 and 21 years of age to
work in a gambling establishment in a classification that entails
providing services on and off the gaming floor that are not involved
in play of any controlled game, as specified.
Existing law generally regulates false advertising and
specifically prohibits certain unfair acts or practices undertaken
by, or omissions of, a person in the operation of a contest,
including misrepresenting the odds of winning a prize or failing to
award and distribute all prizes.
Existing law specifies that these provisions do not render
unlawful or restrict otherwise lawful games and methods used by a
gambling enterprise licensed under the Gambling Control Act or
operations of the California State Lottery.
This bill would expand that exemption to include lawful
technologies and software used by a gambling enterprise licensed
under the Gambling Control Act or operations of the California State
Lottery.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19911 of the
Business and Professions Code is amended to read:
19911. No (a) A
person under the age of 21 years of age
shall not be eligible for a work permit and
no a permit shall not be
issued to a person under the age of 21 years.
21 years of age.
(b) A person between 18 and 21 years of age may be employed to
work in a gambling establishment, provided that he or she shall not
work as a dealer, floor personnel, or any other employment
classification that exclusively involves working on the floor of the
gambling establishment. A person between 18 and 21 years of age may
be employed in job classifications that entail providing services on
and off the gaming floor that are not involved in play of any
controlled game.
SEC. 2. Section 19921 of the Business
and Professions Code is amended to read:
19921. (a) No A person under 21
years of age shall not be permitted to enter upon the
premises of a licensed gambling establishment, or any part thereof,
except the following:
(1) An area, physically separated from any gambling area, for the
exclusive purpose of dining. For purposes of this subdivision, any
place wherein food or beverages are dispensed primarily by vending
machines shall not constitute a place for dining.
(2) Restrooms.
(3) A supervised room that is physically separated from any
gambling area and used primarily for the purpose of entertainment or
recreation.
(4) A designated pathway to reach any of the areas described in
paragraphs (1) to (3), inclusive. To the extent that the designated
pathway requires an individual to enter upon or pass through the
gaming floor, all persons under 21 years of age shall be accompanied
by a person over 21 years of age or be in the presence of a gambling
establishment employee over 21 years of age.
(5) In accordance with subdivision (b) of Section 19911.
(b) No A person under 21
years of age shall not be permitted to loiter in a gaming
area.
SECTION 1. Section 17539.1 of the Business and
Professions Code is amended to read:
17539.1. (a) The following unfair acts or practices undertaken
by, or omissions of, any person in the operation of any contest or
sweepstakes are prohibited:
(1) Failing to clearly and conspicuously disclose, at the time of
the initial contest solicitation, at the time of each precontest
promotional solicitation, and each time the payment of money is
required to become or to remain a contestant, the total number of
contestants anticipated based on prior experience and the percentages
of contestants correctly solving each puzzle used in the three most
recently completed contests conducted by the person. If the person
has not operated or promoted three contests he or she shall disclose
for each prior contest, if any, the information required by this
section.
(2) Failing to promptly send to each member of the public, upon
his or her request, the actual number and percentage of contestants
correctly solving each puzzle or game in the contest most recently
completed.
(3) Misrepresenting in any manner the odds of winning any prize.
(4) Misrepresenting in any manner, the rules, terms, or conditions
of participation in a contest.
(5) Failing to clearly and conspicuously disclose with all contest
puzzles and games and with all promotional puzzles and games all of
the following:
(A) The maximum number of puzzles or games that may be necessary
to complete the contest and determine winners.
(B) The maximum amount of money, including the maximum cost of any
postage and handling fees, that a participant may be asked to pay to
win each of the contest prizes then offered.
(C) That future puzzles or games, if any, or tie breakers, if any,
will be significantly more difficult than the initial puzzle.
(D) The date or dates on or before which the contest will
terminate and upon which all prizes will be awarded.
(E) The method of determining prizewinners if a tie remains after
the last tie breaker puzzle is completed.
(F) All rules, regulations, terms, and conditions of the contest.
(6) Failing to clearly and conspicuously disclose the exact nature
and approximate value of the prizes when offered.
(7) Failing to award and distribute all prizes of the value and
type represented.
(8) Representing directly or by implication that the number of
participants has been significantly limited, or that any particular
person has been selected to win a prize unless such is the fact.
(9) Representing directly or by implication that any particular
person has won any money, prize, thing, or other value in a contest
unless there has been a real contest in which a meaningful
percentage, which shall be at least a majority, of the participants
in such contests have failed to win a prize, money, thing, or other
value.
(10) Representing directly or by implication that any particular
person has won any money, prize, thing, or other value without
disclosing the exact nature and approximate value thereof.
(11) Using the word "lucky" to describe any number, ticket,
coupon, symbol, or other entry, or representing in any other manner
directly or by implication that any number, ticket, coupon, symbol,
or other entry confers or will confer an advantage upon the recipient
that other recipients will not have, that the recipient is more
likely to win a prize than are others, or that the number, ticket,
coupon, symbol, or other entry has some value that other entries do
not have.
(12) Using or offering for use any method intended to be used by a
person interacting with an electronic video monitor to simulate
gambling or play gambling-themed games in a business establishment
that (A) directly or indirectly implements the predetermination of
sweepstakes cash, cash-equivalent prizes, or other prizes of value,
or (B) otherwise connects a sweepstakes player or participant with
sweepstakes cash, cash-equivalent prizes, or other prizes of value.
For the purposes of this paragraph, "business establishment" means a
business that has any financial interest in the conduct of the
sweepstakes or the sale of the products or services being promoted by
the sweepstakes at its physical location. This paragraph does not
make unlawful game promotions or sweepstakes conducted by for-profit
commercial entities on a limited and occasional basis as an
advertising and marketing tool that are incidental to substantial
bona fide sales of consumer products or services and that are not
intended to provide a vehicle for the establishment of places of
ongoing gambling or gaming.
(13) Failing to obtain the express written or oral consent of
individuals before their names are used for a promotional purpose in
connection with a mailing to a third person.
(14) Using or distributing simulated checks, currency, or any
simulated item of value unless there is clearly and conspicuously
printed thereon the words: SPECIMEN--NONNEGOTIABLE.
(15) Representing, directly or by implication, orally or in
writing, that any tie breaker puzzle may be entered upon the payment
of money qualifying the contestant for an extra cash or any other
type of prize or prizes unless:
(A) It is clearly and conspicuously disclosed that the payments
are optional and that contestants are not required to pay money,
except for reasonable postage and handling fees, to play for an extra
cash or any other type of prize or prizes; and
(B) Contestants are clearly and conspicuously given the
opportunity to indicate they wish to enter such phase of the contest
for free, except for reasonable postage and handling fees the amount
of which shall not exceed one dollar and fifty cents ($1.50) plus the
actual cost of postage and which shall be clearly and conspicuously
disclosed at the time of the initial contest solicitation and each
time thereafter that the payment of such fees is required. The
contestants' opportunity to indicate they wish to enter for free
shall be in immediate conjunction with and in a like manner as the
contestants' opportunity to indicate they wish to play for an extra
prize.
(b) For the purposes of this section, "sweepstakes" means a
procedure, activity, or event, for the distribution, donation, or
sale of anything of value by lot, chance, predetermined selection, or
random selection that is not unlawful under other provisions of law,
including, but not limited to, Chapter 9 (commencing with Section
319) and Chapter 10 (commencing with Section 330) of Title 9 of Part
1 of the Penal Code.
(c) This section does not apply to an advertising plan or program
that is regulated by, and complies with, the requirements of Section
17537.1.
(d) Nothing in this section shall be deemed to render lawful any
activity that is unlawful pursuant to other law, including, but not
limited to, Section 320, 330a, 330b, 330.1, or 337j of the Penal
Code.
(e) Nothing in this section shall be deemed to render unlawful or
restrict otherwise lawful games, technologies, software, and methods
used by a gambling enterprise licensed under the Gambling Control Act
or operations of the California State Lottery.
