Bill Text: CA SB1125 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Gambling Control Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-29 - In Senate. To unfinished business. (Veto) [SB1125 Detail]

Download: California-2009-SB1125-Amended.html

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BILL NUMBER: SB 1125	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2010
	AMENDED IN SENATE  MARCH 22, 2010

INTRODUCED BY   Senator Florez

                        FEBRUARY 18, 2010

   An act to amend Sections 19867, 19911, and 19921 of, and to add
Section 19843.5 to, the Business and Professions Code, and to amend
Section 330.11 of the Penal Code, relating to gaming.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1125, as amended, Florez. Gambling Control Act.
   (1) 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 provides for the
enforcement of those activities by the Department of Justice.
Existing law requires that an application for a license or a
determination of suitability be accompanied by a deposit that, in the
judgment of the head of the entity within the Department of Justice
that is responsible for fulfilling the obligations imposed by the
act, will be adequate to pay the anticipated costs and charges
incurred in the investigation and processing of the application.
Existing law requires the head of that entity to adopt a schedule of
costs and charges of investigation for use as guidelines in fixing
the amount of any required deposit under these provisions.
   This bill would require the department and commission to establish
an enhanced fee schedule to provide for additional fees to be
charged to applicants who wish to have their applications processed
and background investigations conducted in an expedited manner.
   (2) Existing law permits the commission to adopt regulations
related to the operation of a gambling establishment, as provided.
   This bill would provide that jackpot funds, to which players have
made contributions, are considered trust funds that are held for the
benefit of the players and are not the property of the gambling
establishment.
   (3) 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 provided.
   (4) Existing law provides that a banking game does not include a
controlled game if the published rules of the game feature a
player-dealer position and provide that this position must be
continuously and systematically rotated amongst each of the
participants during the play of the game, and if other specified
conditions are met.
   This bill would make a conforming change to these provisions.
   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 19843.5 is added to the Business and
Professions Code, to read:
   19843.5.  Jackpot funds held by a gambling establishment, to which
players have made contributions, following the deduction of any
administrative fee approved by the bureau, shall be considered to be
trust funds that are held for the benefit of the players. These
jackpot funds are not the property of the gambling establishment, but
are held solely for the benefit of the players.
  SEC. 2.  Section 19867 of the Business and Professions Code is
amended to read:
   19867.  (a) An application for a license or a determination of
suitability shall be accompanied by the deposit of a sum of money
that, in the judgment of the chief, will be adequate to pay the
anticipated costs and charges incurred in the investigation and
processing of the application. The chief shall adopt a schedule of
costs and charges of investigation for use as guidelines in fixing
the amount of any required deposit under this section. The schedule
shall distinguish between initial and renewal licenses with respect
to costs and charges.
   (b) During an investigation, the chief may require an applicant to
deposit any additional sums as are required by the department to pay
final costs and charges of the investigation.
   (c) Any money received from an applicant in excess of the costs
and charges incurred in the investigation or the processing of the
application shall be refunded pursuant to regulations adopted by the
department. At the conclusion of the investigation, the chief shall
provide the applicant a written, itemized accounting of the costs and
charges thereby incurred.
   (d) The department and the commission shall establish an enhanced
fee schedule for applicants who wish to have their applications
processed and background investigations conducted in an expedited
manner. The payment of those enhanced fees shall entitle the
applicant to have their applications processed in a shorter period of
time than normally would be the case.
  SEC. 3.  Section 19911 of the Business and Professions Code is
amended to read:
   19911.  (a) No person under 21 years of age shall be eligible for
a work permit and no permit shall be issued to a person under 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 they may not work as
dealers, floor men, 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. 4.  Section 19921 of the Business and Professions Code is
amended to read:
   19921.  (a) No person under 21 years of age shall 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 the provisions of subdivision (b) of
Section  19921   19911  .
   (b) No person under 21 years of age shall be permitted to loiter
in a gaming area.
  SEC. 5.  Section 330.11 of the Penal Code is amended to read:
   330.11.  "Banking game" or "banked game" does not include a
controlled game if the published rules of the game feature a
player-dealer position and provide that this position must be
continuously and systematically rotated amongst each of the
participants during the play of the game, ensure that the
player-dealer is able to win or lose only a fixed and limited wager
during the play of the game, and preclude the gambling enterprise,
another entity, a player, or an observer from maintaining or
operating as a bank during the course of the game. For purposes of
this section it is not the intent of the Legislature to mandate
acceptance of the deal by every player if the division finds that the
rules of the game render the maintenance of or operation of a bank
impossible by other means. The gambling enterprise shall not occupy
the player-dealer position.